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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