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20200127 Regular Meeting Minutes1 City of Gilroy City Council Meeting Minutes January 27, 2020 I. OPENING A. Call to Order 8. The meeting was called to order at 6:00 PM by 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Marques. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on January 23 , 2020 at 10:30 a.m. Attendee Name Title Status Arrived ----Roland Velasco Mayor Present , 6:00 PM ---- Marie Blankley Council Member Present 5:45 PM Dion Bracco Council Member Present 5:47 PM -- Peter Leroe-Munoz Council Member Present 5:54 PM --- Carol Marques Council Member Present 5:48 PM Fred Tovar Council Member Present 5:45 PM -- Cat Tucker Council Member Present 5:47 PM Orders of the Day Council Member Marques asked to move the state of the streets presentation up the agenda. The Council agreed to move item following Bids and Proposals. C. Employee Introductions Community Development Director Garner introduced newly hired Senior Planner Cindy McCormick and Planner I Kyle Jordan. Recreation Director De Leon introduced newly hired Recreation Facilities Attendant Mario Gutierrez and newly promoted Recreation Specialist Basillio Diego. Captain Espinosa introduced Police Records Technician Renee Hammer and Police Officer Miguel Martin Del Campo. IT Director Golden introduced newly promoted IT Applications Analyst Nathan Hand. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none . Ill. PRESENTATIONS TO THE COUNCIL Mathew Tinsley of the Santa Clara County Office of Education presented information on the Strong Start access to preschool program. Mark Turner spoke on the Chamber of Commerce and Economic Development Corporation partnership describing the six month plan to work on economic development activities, and he then detailed work in progress. Jan Berstein Chargin spoke on the work of the South Valley Homeless Task Force and described the funding available for emergency shelters for the homeless through the HEAP funding. She then explained that when the winter City Council Meeting Minutes 01/27/2020 2 IV. V. shelters closed , there would be no place for the homeless requesting that the City consider other options. Janessa Villarreal spoke on the Compassion Center describing the need for financial aide for the unsheltered, and asked that a local state of emergency declaration be made to allow the City to apply for state funding. of Dennis Klima spoke on the loss of his belongings that had been stored at the creekside and further described the community of homeless that lived in the area. Public comment was then closed. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported on the Library Joint Powers Authority meeting highlighting the information on the website including information on the Silicon Valley reads series. He then reported that the satisfaction survey of the County Library. Mayor Tempore Tucker spoke on the Santa Clara Valley Habitat Agency meetings describing the endowment fund to purchase land with habitat, and spoke on the monitoring of endangered species in the County. She concluded by reporting that the Visit Gilroy Board had approved the strategic marketing plan and goals for the year. Council Member Blankley reported on the work of the local representatives for VTA bus route improvements for south county, highlighted the train station dedication , and then spoke on the Historic Society annual luncheon . Council Member Marques detailed on the Downtown Business Association retreat and goals to create a brand for downtown. She reported on the Gilroy Gardens Board meeting announcing the February 18th joint meeting of Gilroy Gardens and the City Council, and spoke on the movie theater remodel. - Council Member Tovar reported on the VTA Policy Advisory Committee meeting - detailing funding for projects, and spoke on the adoption of the express bus partnership program. He then thanked the people involved in the local safe routes to school program and concluded by sharing highlights of the train station plaque dedication. Council Member Leroe-Munoz spoke on the Silicon Valley Regional Interoperability meeting and work on public safety communication improvements , and then reported on the Valley Water Commission meeting describing the calculations for water in Gilroy. He concluded by detailing the Garlic Festival Association annual dinner and described the sense of hope for a successful event in 2020. Mayor Velasco spoke on the Water District rates and the lower agriculture water costs that protected agriculture. He reported on the Santa Clara Valley Habitat Agency meeting and announced that the General Plan Advisory Committee held it's final meeting . He then reported on his meeting with Gilroy Unified School District announcing that they continued to have reduced enrollment in the schools . He thanked everyone who attended the train station plaque dedication and detailed the annual Historical Society meeting. Mayor Velasco concluded by announcing that he would not be running for Mayor in 2020 . FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques asked when the homeless report update would be presented. Council Member Tovar asked that a bike parking ordinance that the Bicycle Pedestrian Commission was working on could come to the Council. Council Member Blankley asked to agendize an item to form two Council ad-hoc committees; one to dive into the budget to propose funding to staff the 4th fire station, and one to participate in the Sharks negotiations. City Council Meeting Minutes 01/27/2020 - 3 The Council agreed to agendize the items. 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 January 6, 2020 Regular Meeting B. Notice of Acceptance of Completion for the Citywide Pavement Maintenance Phase II Project No. 19-PW-252 C. Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process D. Certificates in Recognition of the 2020 Chamber of Commerce Spice of Life Awardees E. Approval of a Letter of Opposition to Senate Bill 50 (Wiener) That if Signed into Law Would Greatly Undermine Gilroy's Local General Planning Efforts by Allowing Developers to Make Local Planning and Zoning Decisions VII. BIDS AND PROPOSALS There were none . VIII. PUBLIC HEARINGS A. Consideration of an Urban Service Area Request to Incorporate Approximately 55.66 Acres Located West of Wren Avenue, South of Vickery Avenue, and North and South of Tatum Avenue; and Just Outside the Northern City Limits Northeast of the Intersection of Vickery Lane and Kern Avenue, APNs 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018 into the Urban Service Area of the City of Gilroy; Applicants Wren Investors, LLC c/o Dick Oliver and Mark Hewell and David Sheedy (USA 12-01 and USA 14-02) Council Member Leroe-Munoz announced that he lived within 500 feet of the subject site and would be recusing from deliberations on the item. He then left the Council chambers. The staff report was presented by Planner II Durkin. Council Members Bracco and Blankley each disclosed that they had individually met with applicant Dick Oliver. Mayor Velasco disclosed that he had spoken with the project engineer. The public hearing was opened. Dick Oliver, applicant, described the development and the history of the mapping of the project and described land use Mark Hewell spoke on the properties that were contiguous explaining the improvements that would be afforded with the annexation into the City . Victor Akylas stated that he was owner of a small portion of the project area and was in support of the proposal. The public hearing was then closed . Resolution 2020-04 with the additional condition that the applicant indemnify the City. City Council Meeting Minutes 01/27/2020 4 Possible Action: Adopt a resolution of the City Council of the City of Gilroy approving the Wren Investors and Hewell Urban Service Area Amendment mitigated negative declaration and mitigation monitori 11 g and reporting program and approving urban service area applications USA 12-01 and USA 14-02, incorporating approximately 56 acres into Gilroy's urban service area, Assessor Parcel 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018, filed by Wren Investors, LLC and Mark Hewell and David Sheedy. RESULT: MOVER: SECONDER: APPROVE [6 TO O] Marie Blankley , Council Member Dion Bracco, Council Member AYES: ABSTAIN: Velasco, Blankley, Bracco, Marques, Tovar, Tucker Peter Leroe-Mufioz Consideration of an Urban Service Area Request to Incorporate Approximately 55.66 Acres Located West of Wren Avenue, South of Vickery Avenue, and North and South of Tatum Avenue; and Just Outside the Northern City Limits Northeast of the Intersection of Vickery Lane and Kern Avenue, APNs 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018 into the Urban Service Area of the City of Gilroy; Applicants Wren Investors, LLC c/o Dick Oliver and Mark Hewell and David Sheedy (USA 12-01 and USA 14-02) New resolution -time line and indemnification by applicant. Possible Action: Adopt a resolution of the City Council of the City of Gilroy approving the Wren Investors and Hewell Urban Service Area Amendment mitigated negative declaration and mitigation monitoring and reporting program and approving urban service area applications USA 12-01 and USA 14-02, incorporating approximately 56 acres into Gilroy's urban service area, Assessor Parcel 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018, filed by Wren Investors, LLC and Mark Hewell and David Sheedy. IX. UNFINISHED BUSINESS A. Amendment to the Fiscal Year 2019-2020 General Fund Budget by Appropriating $5.825 Million of Unassigned Fund Balance to Projects Identified by the City Council The staff report was presented by Finance Manager Atkins. There were no public comments . Resolution 2020-06 Possible Action: Adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2019-2020 budget by $5,825,000 in the general fund and appropriating those funds to projects identified by the City Council. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Marie Blankley, Council Member Dion Bracco, Council Member Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled "Offenses - Miscellaneous" Adding New Sections 16.24 and 16.25 Pertaining to Imitation Weapons The staff report was introduced by Police Captain Espinosa. There were no public comments. City Council Meeting Minutes 01/27/2020 ... - - 5 Possible Action: a) Motion to read the ordinance by title only and waive further reading. RESULT: MOVER: SECONDER: APPROVE [UNANIMOUS] Dion Bracco, Council Member Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Possible Action: b) Introduce an ordinance of the City Council of the City of Gilroy amending Chapter 16 of the Gilroy City Code entitled "Offenses - Miscellaneous" adding new sections 16.24 and 16.25 pertaining to imitation weapons. RESULT: MOVER: SECONDER: APPROVE [6 TO O] Cat Tucker, Council Member Fred Tovar, Council Member AYES: AWAY: Velasco, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Marie Blankley B. Request to Waive Permit and Service Fees by the Gilroy Memorial Day Events Committee and Determination that the Waiving of Fees for the 2020 Memorial Day Parade and Activities Constitutes a Public Purpose The staff report was presented by City Administrator Gonzalez. Public comment was opened. Christine West of the committee spoke in support of the honoring of the Veterans who were celebrated during the events. Geneve Flores also spoke in support of the request describing the benefit of the event to the community. Public comment was then closed. Possible Action: Declare that the Memorial Day parade and activities constitute a public purpose and approve an estimated $11,341 fee waiver request by the Gilroy Memorial Day Events Committee for the 2020 Memorial Day parade and activities RESULT:· MOVER: SECONDER: APPROVE [UNANIMOUS] Cat Tucker, Council Member Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS off agenda report -what streets were paved over the last 3 years: A. Presentation on Pavement Management and the Pavement Condition of City of Gilroy Streets The staff report was presented by Public Works Director Awoke and further presented by Engineer Than. Public comment was opened. Ron Kirkish spoke on the deteriorating streets explaining that the ballot measure that was proposed in 2016 would have helped to fund the repairs, but the voters had not approved the funding. Gary Walton spoke on the deterioration of city streets. Public comment was then closed City Council Meeting Minutes 01/27/2020 6 Possible Action: Receive report. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Dion Bracco, Council Member Peter Leroe-Murioz, Council Member Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker XII. CITY ATTORNEY'S REPORTS There was none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th Street Bridge: APNs 808- 19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19-029 Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale, exchange or lease ADJOURNMENT City Attorney Faber explained that discussion of item XIII.A. in open session would unavoidably prejudice the city's position in the case. The meeting adjourned at 9: 19 p.m. ' (\ ~~~i";rk. ~~-~, City Council Meeting Minutes 01/27/2020 - - -