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
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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
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The staff report was presented by City Clerk Freels.
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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.
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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.
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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
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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