Minutes 2019/08/191
Citv of Gilrov
City Council Meetinq Minutes
Auqust 19, 2019
REGULAR MEETING
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Council Member Bracco.
2. Invocation
There was no invocation provided.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
August 14, 2019 at 5:30 p.m., and the revised agenda was posted on August 15,
2019 at 11:15 a.m.
Attendee Name
Title
Status
Arrived
Mayor Roland Velasco
Mayor
Present _
5:58 PM
Marie Blankley
Council Member
Present
5:58 PM
Dion Bracco
Council Member
_'
Present
5:51 PM
Peter Leroe-Munoz
Council Member
_
Present
6:04 PM
Carol Marques
Council Member
_
Present
5:54 PM
Fred Tovar
Council Member
_
Present
5:46 PM
Cat Tucker
Council Member
_
Present
5:58 PM
B. Orders of the Day
Mayor Velasco suggested that Items XC and XA be moved following section VII.
bids and proposals.
The Council agreed to the agenda changes.
C. Employee Introductions
Police Chief Smithee introduced newly hired Public Safety Communicator Margi
Campbell and Police Officers William Dudding, James Hames and Weston Piper.
Public Works Director Awoke introduced newly promoted Senior Maintenance
Worker Danny McElroy.
Interim Fire Chief Clet introduced newly hired Firefighter Darrin Mok.
Interim Community Development Director Larson introduced newly hired
Planning Technician Phillip Angelo.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Naming the Month of September Childhood Cancer
Awareness Month
Mayor Velasco presented the proclamation.
III. PRESENTATIONS TO THE COUNCIL
There were no public comments on items not on the agenda.
City Council Meeting Minutes
08/19/2019
E
A. Annual Presentation of the Arts and Culture Commission and Public Art
Committee
The presentation was given by Arts and Culture Commission Chair Kissa and
Public Art Committee Chair Reynisson.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker reported on recent Visit Gilroy Welcome Center
communications to promote Gilroy, highlighted robust retail statistics and
announced a planned Board strategic planning session.
Council Member Blankley spoke on VTA project funding and asked that the
measure B funding agreement processing be presented at the next meeting. She
concluded by asking when the City would respond to the Grand Jury's report on
the governance of VTA.
Council Member Marques announced Downtown Live and several future
downtown events and described the Associations revolving loan fund, and
explained that the Downtown Business Association Board had requested to
present opportunity zones at an upcoming Council meeting.
Council Member Tovar announced the Prevent Alcohol & Risk -Related Trauma
in Youth event being held August 26th.
Council Member Leroe-Munoz spoke on the success of the car show the prior
weekend, and described the flag raising ceremony by the Board of Supervisors
to honor the victims of the Garlic Festival shooting. He concluded by announcing
the Tame the Flame initiative by Leadership Gilroy.
Mayor Velasco spoke on the success of the car show and reported on a recent
meeting with the Gilroy School District and he thanked the District for their
support during the Garlic Festival incident. He described the flag raising
ceremony by the Board of Supervisors and shared discussions with
Assemblymember Rivas and on reimbursements for the major expenses incurred
during the Garlic Festival incident. He explained that a letter was being drafted
for the Assemblymember and Senator Moning for presentation to the Governors
Office. Lastly he announced the Youth Commission recruitment.
Mayor Velasco then spoke on rescheduling the planned August 20th closed
session.
The Council agreed to cancel and reschedule the closed session meeting.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested to agendize a Downtown Business
Association presentation on opportunity zones.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Munoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker
A. Minutes of the August 5, 2019 Regular Meeting.
B. Selection of Voting Delegate for the League of California Cities 2019 Annual
Conference
C. Opening of a Recruitment Period to Fill a Vacant Gilroy Representative Seat
on the Sourcewise Advisory Council
D. Approval of a Notice of Acceptance of Completion and Reduction of the
Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2018-06, Hecker Pass Heartland Triangle Tract
10482
City Council Meeting Minutes
08/19/2019
3
E. Approval of a Partial Notice of Acceptance Completion and Reduction of
the Faithful Performance and Payment Security Bonds for Cohansey
Avenue Bridge Improvements at Llagas Creek, Property Improvement
Agreement No. 2015-06, Harvest Park II Tract 10276
F. Approval of the Annual Evaluation Report for the Santa Clara County Multi -
Jurisdictional Program for Public Information Associated with the
Community Rating System of the National Flood Insurance Program
G. Approval of an On -Call Consultant Selection List for Construction
Management Services, Project No. 19-RFQ-PW-328
VII. BIDS AND PROPOSALS
There were none.
Vill. PUBLIC HEARINGS
A. Consideration of an Amendment to Gilroy City Code Chapter 30 Making
Minor Revisions and Amending, Repealing or Replace Provisions Including
the Definitions, Land Use Table, Parking and Storage, Nonconforming
Uses, Minor Modifications and Accessory Dwelling Unit Regulations to
Ensure Internal Consistency, Improve Interpretations and Conform with
State Law (Z 18-07) (continued from 8/5/2019 regular meeting)
The item was not presented.
Possible Action:
Motion to continue the public hearing to the September 9, 2019 regular
meeting.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
B. Consideration of Adding an Addendum for the Downtown Commercial
Corridor to the City of Gilroy's Comprehensive Fee Schedule Charged by
all Departments of the City (continued from 8/5/2019 regular meeting)
The staff report was introduced by City Administrator Gonzalez and presented by
Senior Management Analyst Barber.
The public hearing was opened; there being no comments it was then closed.
2019-50
Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy revising the
comprehensive schedule of fees charged by all departments of the City.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
C. Update to the Traffic Impact Fee Program: Extension of the 3% Annual
Traffic Impact Fee Increase, Approval of the Updated Traffic Impact Fee
Fund Projects - Reimbursement Schedule and Approval of the Revised
Reimbursement Policy and Procedures
The item was introduced by Public Works Director Awoke and further presented
by City Engineer Heap.
The public hearing was opened; there being no comments it was then closed.
2019-51
City Council Meeting Minutes
08/19/2019
E
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy maintaining the
3% annual Traffic Impact Fee (TIF) increase until the General Plan is
complete and a new TIF Program is established.
Approve the updated Traffic Impact Fee Fund Projects - Reimbursement
Schedule.
Approve the revised Traffic Impact Fee Reimbursement Policy and
Procedures.
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
Update to the Traffic Impact Fee Program: Extension of the 3% Annual
Traffic Impact Fee Increase, Approval of the Updated Traffic Impact Fee
Fund Projects - Reimbursement Schedule and Approval of the Revised
Reimbursement Policy and Procedures
The item was presented by City Engineer Heap.
There were no public comments.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy maintaining the
3% annual Traffic Impact Fee (TIF) increase until the General Plan is
complete and a new TIF Program is established.
Approve the updated Traffic Impact Fee Fund Projects - Reimbursement
Schedule.
Approve the revised Traffic Impact Fee Reimbursement Policy and
Procedures.
RESULT:
APPROVE [UNANIMOUS]
MOVER:
Marie Blankley, Council Member
SECONDER:
Cat Tucker, Council Member
AYES:
Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
IX. UNFINISHED BUSINESS
A. Approval of an Amendment to Property Improvement Agreement No. 2015-
06 for Harvest Park Phase II - Tract 10276; APN 790-06-044
The staff report was presented by City Engineer Heap.
Public comment was opened.
James Suner spoke on the reimbursement in the original property improvement
agreement for pre development costs explaining that the reimbursement had not
been carried forward to the revised agreement, asking that the Council postpone
the item and include the allowable reimbursement for the pre development costs.
John Bayless of Meritage Homes stated that he was in general agreement with
Mr. Suner as the original property improvement agreement reimbursement had
not been included in the revised agreement that Meritage had worked on with
staff.
Public comment was then closed.
The Council gave direction to staff to review the prior property improvement
agreement and return at the September 16, 2019 meeting with their findings.
City Council Meeting Minutes
08/19/2019
5
Possible Action:
Approve an amendment to property improvement agreement No. 2015-06
for Harvest Park Phase II - Tract 10276; APN 790-06-044.
X. INTRODUCTION OF NEW BUSINESS
A. Direction on the High -Speed Rail Preferred Alternative for the California
High -Speed Rail Authority Northern California Alignment
Public Works Director Awoke introduced Borris Lipkin of High Speed Rail
Authority Northern California, who presented the item.
Council Member Leroe-Munoz returned to the dais at 7:27 p.m.
Public comment was opened.
Roland Lebron spoke on the issue of noise suggesting the selection of the east
alignment without a station area and he further suggesting that another lead
agency could be designated.
Connie Rogers shared her concerns with the affects of the downtown alignement
to historic buildings explaining that the downtown train station had just been
placed on the National Register of Historic Places.
Public comment was then closed.
Public Works Director Awoke presented the staff recommendations for
alignment.
Possible Action:
Receive report and provide direction to staff.
B. Approval of the 2019 Engineering and Traffic Survey and Establishing
Speed Limits on Various Streets Within the City in Accordance with the
California Vehicle Code and Gilroy City Code Sections 15.11 and 15.12
The staff report was presented by City Engineer Heap and Traffic Engineer Than.
Public comment.
Connie Rogers asked when the state laws went into effect.
Public comment was then closed.
Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy approving the
2019 engineering and traffic survey and establishing speed limits in
accordance with those surveys on various streets within the City.
RESULT: APPROVE [6 TO 11
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker
NAYS: Fred Tovar
C. Consideration of Providing City Water Service to a Property Located at 935
Southside Drive Known as the Former Site of the Rodriguez Labor Camp
Item X C. was moved following VII. Bids and Proposals.
Council Member Leroe-Munoz left the room at 6:55 p.m.
Public comment was opened.
Joe Giacalone spoke on the redesign of the buildings to labor camp housing with
very little vehicle parking spaces.
Public comment was then closed.
City Council Meeting Minutes
08/19/2019
X
Direction was given to proceed pending research of the received LAFCO public
comment letter and ensure that the applicant hold the city harmless for any
potential LAFCO litigation.
Possible Action:
Receive report and provide direction to staff.
D. Approval of Updated July 1, 2019 and July 1, 2020 Salary Schedules for
Unrepresented Confidential Exempt Employees, Unrepresented
Confidential Non -Exempt Employees, Non -Exempt Part-
Time/Temporary/Seasonal Employees, Exempt Part-
Time/Temporary/Seasonal Employees and Department Head Employees
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
Possible Action:
a) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2019 and July 1, 2020 salary schedules for unrepresented,
confidential, non-exempt employees.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
Possible Action:
b) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2019 and July 1, 2020 salary schedules for unrepresented,
confidential, exempt employees.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
Possible Action:
c) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2019 and July 1, 2020 salary schedules for the unrepresented,
non-exempt, part-time/temporary/seasonal employees.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
Possible Action:
d) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2019 and July 1, 2020 salary schedules for the unrepresented,
exempt, part-time/temporary/seasonal employees.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
City Council Meeting Minutes
08/19/2019
7
Possible Action:
e) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2019 and July 1, 2020 salary schedules for the unrepresented, at -
will, department head employees.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez stated that the City had not yet received the VTA
funding agreement, and then described the response letter to the Grand Jury on
the governance of VTA He detailed the repairs at Christmas Hill Park and
updated the Council on the Cinnelux Movie Theater. He then spoke on studies
being conducted by the City and the Sharks organization, and suggested a
special meeting to address closed session items He concluded by speaking on
the memorial at Christmas Hill Park.
XII. CITY ATTORNEY'S REPORTS
There was none.
XIII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR — COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6 and Gilroy City Code Section
17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing
Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City Administrator;
LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation:
Wages, Hours, Benefits, Working Conditions; Memorandum of
Understanding: MOU between the City of Gilroy and the Gilroy Fire Fighters
B. CONFERENCE WITH NEGOTIATOR — COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, GCC Section 17A.11 (4) (a)
Collective Bargaining Unit: AFSCME Local 101 Representing Employees
Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City
Administrator; LeeAnn McPhillips, Human Resources Director; Anticipated
Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions.
MOU With AFSCME
C. CONFERENCE WITH NEGOTIATOR — COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section
17A.11 (4) Collective Bargaining Unit: Gilroy Management Association (GMA):
Memorandum of Understanding Between City of Gilroy and the Gilroy
Management Association (GMA); City Negotiators: Gabriel Gonzalez, City
Administrator; LeeAnn McPhillips, Human Resources Director; Anticipated
Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
D. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section
17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc.
Representing Gilroy Police Officers; City Negotiators: Gabriel Gonzalez, City
Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under
Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of
Understanding: MOU Between City of Gilroy & Gilroy Police Officers
There were no public comments.
ADJOURNMENT
The Council adjourned to closed session at 10:14 p.m.
YnaFreels, MMC
City Clerk
City Council Meeting Minutes
08/19/2019