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Minutes 2019/11/04 1 City of Gilroy City Council Meeting Minutes November 4, 2019 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco then led the pledge of allegiance. 2. Invocation There was no invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on October 30, 2019 at 1:15 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:57 PM Marie Blankley Council Member Present 6:00 PM Dion Bracco Council Member Present 5:49 PM Peter Leroe-Munoz Council Member Present 6:03 PM Carol Marques Council Member Present 5:46 PM Fred Tovar Council Member Present 5:59 PM Cat Tucker Council Member Present 5:44 PM B. Orders of the Day There were no agenda changes. C. Employee Introductions Police Captain Espinosa introduced newly promoted Dispatch Supervisor Marissa Huntley. Interim Fire Chief Clet introduced newly hired Firefighter Paramedic Miguel Rodriguez. Il. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Proclamation Honoring Retiring Employee Randy Bentson Mayor Velasco presented the proclamation. 2. Recognition of the Contributions of Karen Aitken to the Garlic Incident Response and Restoration Effort Mayor Velasco presented the recognition, and Karen Aitken provided a background of the project. 3. Recognition of the Contributions of Greg Bozzo to the Garlic Incident Response and Restoration Effort Mayor Velasco presented the recognition and Greg Bozzo reported that South County Rockery, Home Depot, Peninsula Building Materials, Zaavy Apparel and Habing Funeral Home had all donated products and services for the project totaling over $7,000. City Council Meeting Minutes 11/4/2019 2 III. PRESENTATIONS TO THE COUNCIL Sarah Stults of Gilroy High School presented a video of the Christopher High dance program. Danielle Jennings of Platinum Advisors spoke on the VTA assessment being facilitated by her company, detailing the study of the governance of the Authority. Gary Walton of the Downtown Association shared updates on new businesses located in the downtown. A. Annual Report by Visit Gilroy/California Welcome Center Gilroy The report was presented by Executive Director Jane Howard. Possible Action: B. Bicycle Pedestrian Commission Annual Presentation to Council The presentation was given by Chair Zack Hilton. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe-Munoz thanked Rebekah Children's Services for inviting him to the grand opening of their new building and spoke on the affects of the recent power shut-off for the Water District. Mayor Velasco reported on his attendance at the Rebekah Children's Services ribbon cutting and the Neon Exchange ribbon cutting event, and then spoke on the URM Task Force meeting, explaining that the City had hired a hearing officer to assist with resolving URM code enforcement issues. He then announced the planned joint meeting with the school district and his recent visit with students through the Sister Cities Association from Takko Machi, Japan. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker requested that the home purchase incentives resolution be revisited to include an annual review of the policy by the City Council each year. The full Council agreed to agendize the item. Council Member Tucker requested that an item be agendized to implement a retired U.S. Flag drop box container, to allow flags to be retired properly. The full Council agreed to agendize the item. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker A. Minutes of the October 21, 2019 Regular Meeting B. Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of July 1, 2018 Through June 30, 2019 C. Acceptance of a Edward Byrne Memorial Justice Assistance Grant in the Amount of$13,632 and Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2019-2020 Budget Amendment D. A Resolution of the City Council of the City of Gilroy Authorizing the Submittal of an Application for Grant Funding Pursuant to Senate Bill 2 the Building Homes and Jobs Act E. Consideration of the Recommendation from the Arts and Culture Commission to Approve the Design of a Public Art Sculpture for Cambridge Place Park, 750 Sullivan Way F. Approval of the Refinancing of Gilroy Public Facilities Financing Authority Lease Revenue Bonds G. Annual Impact Fee Report for Fiscal Year 2018-2019 as Required Under Government Code 66000 City Council Meeting Minutes 11/4/2019 3 VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Introduction of an Ordinance Amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code and Adopting the Following Codes: 2019 California Building Code (VOL 1 and 2), 2019 California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Energy Code, 2019 California Historical Building Code, 2019 California Existing Building Code with Appendices Al, A2, A3, A4, and A5 of the 2018 International Existing Building Code, 2019 California Green Building Standards Code, and 2018 International Property Maintenance Code with Appendix A The item was presented by Building Official Olmos. The public hearing was opened; there being none, it was then closed. Possible Action: Motion to read the ordinance by title only and waive further reading. Introduce an ordinance of the City Council of the City of Gilroy to amend and adopt the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Green Building Standards; and the 2018 International Existing Building Code Appendixes Al, A2, A3, A4, and A5; and the 2018 International Property Maintenance Code with Appendix A. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Introduction of an Ordinance Amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code and Adopting the Following Codes: 2019 California Building Code (VOL 1 and 2), 2019 California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Energy Code, 2019 California Historical Building Code, 2019 California Existing Building Code with Appendices Al, A2, A3, A4, and A5 of the 2018 International Existing Building Code, 2019 California Green Building Standards Code, and 2018 International Property Maintenance Code with Appendix A City Clerk Freels read the ordinance by title. Possible Action: Motion to read the ordinance by title only and waive further reading. Introduce an ordinance of the City Council of the City of Gilroy to amend and adopt the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Green Building Standards; and the 2018 International Existing Building Code Appendixes Al, A2, A3, A4, and A5; and the 2018 International Property Maintenance Code with Appendix A. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 11/4/2019 4 B. Introduction of an Ordinance of the City Council of the City of Gilroy Adopting the 2018 International Fire Code and the 2019 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments The staff report was presented by Interim Fire Chief Clet. The public hearing was opened, there being no comments the hearing was then closed. Assistant City Attorney Houston noted a addition in text to be added to the end of the ordinance, distinguishing that the ordinance would be in effect January 1, 2020. Possible Action: Motion to read the ordinance by title only and waive further reading. Introduce an Ordinance of the City Council of the City of Gilroy Adopting the 2018 International Fire Code and the 2019 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Introduction of an Ordinance of the City Council of the City of Gilroy Adopting the 2018 International Fire Code and the 2019 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments City Clerk Freels read the ordinance by title. Possible Action: Motion to read the ordinance by title only and waive further reading. Introduce an Ordinance of the City Council of the City of Gilroy Adopting the 2018 International Fire Code and the 2019 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS X. INTRODUCTION OF NEW BUSINESS A. Consideration of Options to Consolidate the Arts and Culture Commission and Public Art Committee and the Housing Advisory Committee and Citizens and Neighborhood Revitalization Committee The staff report was presented by Recreation Director De Leon and Interim Community Development Director Larson. There were no public comments. City Council Meeting Minutes 11/4/2019 5 Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 10 A "Fireworks" Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f) The staff report was presented by Interim Fire Chief Clet. There were no public comments. Possible Action: a) Motion to read the ordinance by title only and waive further reading. b) Introduce an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f). RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 10 A "Fireworks" Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f) City Clerk Freels read the ordinance by title. Possible Action: a) Motion to read the ordinance by title only and waive further reading. b) Introduce an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f). RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker C. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code to Comply with the Requirements of Senate Bill 998 and Review of Proposed Policy for the Discontinuation of Residential Water Service for Nonpayment The staff report was presented by Finance Manager Atkins. There were no public comments. City Council Meeting Minutes 11/4/2019 6 Possible Action: a) Motion to read the ordinance by title only and waive further reading. b) Introduce an Ordinance of the City Council of the City of Gilroy amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code entitled "Water" relating to the discontinuation of water service for nonpayment. c) Provide direction regarding proposed policy. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Introduction of an Ordinance of the City Council of the City of Gilroy Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code to Comply with the Requirements of Senate Bill 998 and Review of Proposed Policy for the Discontinuation of Residential Water Service for Nonpayment City Clerk Freels read the ordinance by title. Possible Action: a) Motion to read the ordinance by title only and waive further reading. b) Introduce an Ordinance of the City Council of the City of Gilroy amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code entitled "Water" relating to the discontinuation of water service for nonpayment. c) Provide direction regarding proposed policy. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Introduction of an Ordinance of the City Council of the City of Gilroy Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code to Comply with the Requirements of Senate Bill 998 and Review of Proposed Policy for the Discontinuation of Residential Water Service for Nonpayment Direction was given to staff to move forward with the recommendation in the staff report. Possible Action: a) Motion to read the ordinance by title only and waive further reading. b)Introduce an Ordinance of the City Council of the City of Gilroy amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code entitled "Water" relating to the discontinuation of water service for nonpayment. c) Provide direction regarding proposed policy. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker D. Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2019-2020 Operating Budget in the Amount of$1.842 Million for the Planning and Environmental Analysis for the Gilroy Sports Park Master Plan Phase III The staff report was presented by Finance Director Forbis. There were no public comments. Resolution No. 2019-74. City Council Meeting Minutes 11/4/2019 7 Possible Action: Adopt a Resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2019-2020 in the General and Public Facilities Impact Fee Funds and appropriating the proposed expenditure amendments. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker E. Consent to the Appointment of Karen Garner as Community Development Director The staff report was presented by City Administrator Gonzalez. There were no public comments. Possible Action: Consent to the City Administrator's recommendation to appoint Karen Garner to the Department Head position of Community Development Director. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority The Council adjourned to the meeting of the Gilroy Public Facilities Financing Authority. XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF DIRECTORS Roll Call of the Board of Directors A. Approval by the Board of Directors of the Public Facilities Financing Authority for the Refinancing of Lease Revenue Bonds The staff report was presented by Finance Director Forbis. There were no public comments. Resolution No. PFFA 2019-02 Possible Action: Adopt a resolution of the Board of Directors of the Public Facilities Financing Authority approving the issuance by the Gilroy Public Facilities Financing Authority of not to exceed $17,000,000 of Gilroy Public Facilities Financing Authority lease revenue refunding bonds, Series 2020A; approving the execution and delivery of various related documents in connection with the offering and sale of such bonds; and authorizing the taking of certain other matters related thereto. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Adjourn to the Meeting of the Gilroy City Council The Board adjourned to the meeting of the Gilroy City Council. XII. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez spoke on the gun buy-back program and Police Captain Espinosa further updated the Council on the South County program. City Council Meeting Minutes 11/4/2019 8 City Administrator Gonzalez then announced that there would be a closed session on the 18th regarding discussions with the Sharks Organization, and spoke an article in Western City Magazine. XIII. CITY ATTORNEY'S REPORTS There was no report. XIV. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property:7780 Monterey Street, Gilroy (Downtown Business Association Office), APN 841-04-020 ; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Jose Montes; Under Negotiations: Price and Terms of Payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2); Employee Name/Title: Gabriel Gonzalez, City Administrator There were no public comments. ADJOURNMENT The Council adjourned to closed session at 8:20 p.m. i Shawna Freels,/MMC City Clerk City Council Meeting Minutes 11/4/2019