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Minutes 2018/01/221 City of Gilroy City Council Meeting Minutes January 22, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Harney. 2. Invocation The invocation was given by Pastor Greg Quirke of South Valley Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on January 17, 2018 at 4:45 p.m. 4. Roll Call Attendee Name Title Status Arrived Roland Velasco Mayor Present 5:45 PM Dion Bracco Council Member Present 5:44 PM Daniel Harney Council Member Present 6:04 PM Peter Leroe -Munoz Council Member Present 5:55 PM Fred Tovar Council Member Present 5:48 PM Cat Tucker Council Member Present 6:00 PM B. Orders of the Day Mayor Velasco suggested that Item IX.A. City Council Vacancy and Interviews be moved up the agenda following the Consent Calendar. The Council agreed to move the item. C. Employee Introductions Recreation Director De Leon introduced newly hired part time Recreation Leader Cielo Lopez. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Proclamations Recognizing the Gilroy High School Mustangs and Christopher High School Cougars for Winning 2017 Central Coast Section Division Football Titles Mayor Velasco presented the proclamations to both school football coaches and football players present. 2. Proclamation Recognizing South Valley Association for the Developmentally Disabled Mayor Velasco presented the proclamation. INTERVIEWS 1' 2 III. PRESENTATIONS TO THE COUNCIL Zachary Hilton of the Bicycle Pedestrian Commission spoke on the upcoming Lime Bike bike -share presentation and spoke on the opening of Golden State Brewery. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Habitat Agency Governing and Implementation Board meetings and spoke on her recent appointment to the Recycling and Waste Commission as a South County representative. Council Member Harney spoke on the Habitat Agency meetings, upcoming VTA So. County Group meeting regarding High Speed Rail, the Silicon Valley Clean Energy reimbursement to the city and their planned use of Gilroy Garden's for a Bike to the Future competition. He shared his support of the Lime Bike bike - sharing program and concluded by congratulating the high school football teams. Council Member Tovar spoke on the recent Martin Luther King, Jr. leadership celebration and his meeting with the Chamber, and concluded by sharing the Gilroy restaurant week event at local restaurants. Council Member Leroe -Munoz spoke on the Santa Clara Valley Cities Association meeting and discussions of 2018 policies of the agency, and asked the Council for recommendations to present to the regional body. Mayor Velasco spoke on the recent Economic Development Corporation meeting and spoke on the Golden State Brewery opening. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Bracco asked for an update on the First Street paving project, and a report for the strategic planning session on the use of contract labor and consultant use with a 5 -year trending to include total hours or total monies spent. Council Member Tucker asked to agendize a presentation from County Health and Human services to detail the services that were available for the homeless throughout south county. The Council agreed to agendize the items. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Velasco, Bracco, Harney, Leroe- Munoz, Tovar, Tucker A. Minutes of the January 8, 2018 Regular Meeting B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 17A.24.3.b Related to the Disclosure of Bid Records (introduced 1/8/18 with a 6 -0 vote) C. Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread Company, Joyce Duarte, Maria Walker and Rebekah Children's Services UNFINISHED BUSINESS A. Consideration of an Appointment to Fill a Vacancy on the City Council Until a Successor is Elected at the Next General Municipal Election of November 612018 The staff report was presented by City Clerk Freels. 3 Bill O'Connor spoke on the previous election results suggesting that Council consider Tom Fischer as he was the next highest vote getter at the November, 2016 election. Susan Mister shared her thoughts on the Council appointment suggesting that Council consider the appointment of Marie Blankley. Denise Sellers spoke in support of Marie Blankley suggesting that Council appoint her to the open seat. Phil Buchanan spoke in support of the appointment of Marie Blankley Carolyn Tognetti as representative of Gilroy Growing Smarter spoke in support of the appointment of Tom Fischer. Ermelindo Puente spoke in support of the appointment of Marie Blankley to the open seat. Susan Valenta spoke in support of the appointment of Marie Blankley to the open seat. Ron Kirkish spoke on the tremendous qualifications of the candidates suggesting that Council consider Marie Blankley for the open seat. Paul Vanni spoke in support of the appointment of Marie Blankley. Deb Smith shared her support of the appointment of Marie Blankley and read a letter of support written by Vicki Campenella. Jodi Barr spoke in support of the appointment of Reid Lerner to the vacant seat. Public comment was then closed. Possible Action: Appointment of Marie Blankley to fill the vacancy until a successor is elected at the next general municipal election of November 6, 2018 RESULT: APPROVE [5 TO 1] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Bracco, Harney, Tovar, Tucker NAYS: Leroe -Munoz The Council took a recess and reconvened at 8:32 p.m. Marie Blankley was sworn into office by City Clerk Freels. VII. PUBLIC HEARINGS A. Consideration of an Amendment to the Community Development Block Grant Five Year Consolidated Plan 2015 -2020 and Annual Action Plans for Program Years 2014 -2015, 2015 -2016, 2016 -2017 and 2017 -2018 The staff report was introduced by Community Development Director Abrams and further presented by Planner Jim Carney. The public hearing was opened. Patricia Bentson of the Parks and Recreation Commission suggested that the Council receive recommendations from the Parks and Recreation Commission on the proposal. F)".1- j Ell G E= ii Possible Action: Approval of Amendment to the FY 2014 -2015 Annual Action Plan, Substantial Amendment to the Five Year 2015 -2020 Consolidated Plan, Amendment to the FY 2015 -2016 Annual Action Plan, Amendment to the 2016 -17 Annual Action Plan, and Amendment to the 2017 -18 Annual Action Plan. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe- Munoz, Tovar, Tucker VIII. BIDS AND PROPOSALS A. Award of Construction Contract for the Las Animas Park Trail Rehabilitation Project No. 18 -PW -247 and Approval of Contingency Funding The staff report was presented by Public Works Director Awoke. Public comment was opened. Patricia Bentson of the Parks and Recreation Commission suggested that the Council receive recommendations from the Parks and Recreation Commission on future proposals of park projects. Public comment was then closed. Possible Action: Award a contract for construction of the CDBG Las Animas Veterans Memorial Park Pathway Rehabilitation Project, Project No. 18 -PW -247 to Precision Grade, Inc. in an amount not to exceed $257,298, add alternatives of $70,992, and authorize the City Administrator to execute the contract and related documents; and, approve contingency funding of $32,516 for unforeseen field conditions and /or additional work necessary to complete the project. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Blankley, Velasco, Bracco, Leroe- Munoz, Tovar, Tucker NAYS: Daniel Harney B. Las Animas Park Trail Rehabilitation Construction Management Services Contract The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Award a contract to TRC doing business as Caltrop for Construction Management Services in the not to exceed amount of $44,385.00, and authorize the Public Works Director to execute the contract and related documents. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Member, Velasco, Bracco, Leroe- Munoz, Tovar, Tucker NAYS: Daniel Harney IX. UNFINISHED BUSINESS A. Appointment to One Vacancy on the Youth Commission The staff report was presented by City Clerk Freels. 5 Possible Action: Appoint a member to fill one open seat on the Youth Commission with a term ending 9/30/18. B. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting Amendments to Article 30.35 of the Gilroy City Code Entitled "Wireless Telecommunications, Antennas and Windmills" and Article 30.45 of the Gilroy City Code Entitled "General Regulations" Relating to the Installation of Wireless Telecommunication Facilities (introduced 12/4/17 with a 5 -1 -1 vote; Council Member Harney voting no and Council Member Kloecker absent) The staff report was presented by Community Development Director Abrams. There were no public comments. Possible Action: Motion to adopt an ordinance of the City Council of the City of Gilroy adopting amendments to Article 30.35 of the Gilroy City Code Entitled "Wireless Telecommunications, Antennas and Windmills" and Article 30.45 of the Gilroy City Code entitled "General Regulations" relating to the installation of wireless telecommunication facilities. RESULT: APPROVE [5 TO 11 MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Velasco, Bracco, Leroe- Munoz, Tovar, Tucker NAYS: Daniel Harney ABSTAIN: Blankley X. INTRODUCTION OF NEW BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the Consumption of Alcohol in Public Parks on a Permit Basis in Certain Designated Drinking Areas Only The staff report was presented by Police Chief Smithee. There were no public comments. Possible Action: a) Motion to read the ordinance by title only, and waive further reading; and, RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe- Munoz, Tovar, Tucker City Clerk Freels read the ordinance title. Possible Action: b) Motion to introduce an Ordinance of the City Council of the City of Gilroy Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the Consumption of Alcohol in Public Parks on a Permit Basis in Certain Designated Drinking Areas Only RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe- Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe- Munoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS F-,"I on .t r. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION; Significant Exposure to Litigation Pursuant to Paragraph (1) of Sub. (d) of GC Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant; Alma Ramirez, an individual; H.A. and L.A., both minors, as successors in interest to Hector Alvarez, deceased, by and through their guardian ad litem Alma Ramirez; vs. City of Gilroy, Adam Moon and Does 1 through 10, inclusive; Case Filed: 2/7/17; Case Number 5:17 -CV- 00625 -HRL B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION; Significant Exposure to Litigation Pursuant to Paragraph (1) of Sub. (d) of GC Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant; Alvin Harrison v. City of Gilroy, KB Home South Bay, Inc., Ben and Larae Griffin, and Does 1 -50; Case Filed: 8/18/2015; Case No.: 115CV284505, Superior Court of Santa Clara County C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass Highway, APN's 783 -05 -011; -012; - 013;810 -17- 014; -015; -021; -024; -025; -026; -029; 810 -18- 002; -010; - 011;801 -19 -005; -007; -010; -011; -014 (Gilroy Gardens) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Gilroy Gardens; Negotiating Price and Terms City Attorney Faber explained that the Council was entering into closed session on items A and B as discussion of the items in open session would unavoidably jeopardize the city's position in the cases. ADJOURNMENT The Council adjourned to closed session at 10:06 p.m. /s/ Shawna Freels, MMC City Clerk