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Minutes 2018/06/181 City of Gilroy City Council Meeting Minutes June 18, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:03 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Bracco. 2. Invocation The invocation was led by Pastor Greg Quirke of South Valley Community Church. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta announced that the agenda was posted on June 13, 2018 at 1:00 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 5:59 PM Dion Bracco Mayor Pro Tempore Present 5:40 PM Daniel Harney Council Member Present 6:00 PM Peter Leroe -Munoz Council Member Present 6:00 PM Fred Tovar Council Member Present 6:00 PM Cat Tucker Council Member Absent A C /_10 IV Orders of the Day Employee Introductions Recreation Director DeLeon introduced newly hired Office Assistant Vanessa Arteaga, Early Childhood Recreation Instructor Debra Baker, and Recreation Leader Jessica Gaeta. Community Development Abrams introduced newly hired Senior Planner Kraig Tambornini. CEREMONIAL ITEMS Proclamations, Awards, and Presentations PRESENTATIONS TO THE COUNCIL John Varela introduced the item and Ted Ibarra presented a report on the Uvas Creek Rehabilitation Project. Rich Chavarria on behalf of Leadership Gilroy 2018 asked for support for the Gilroy Bonanza Day Parade on September 29th. REPORTS OF COUNCIL MEMBERS Council Member Blankley reported on the Sisters Cities Meeting with a date changes for dignitaries arriving to Wednesday, July 25th and the Welcome Dinner to Thursday, July 26th at 6:00 p.m. at Old City Hall. In addition, she noted attending the SCRWA Board meeting in the past month and indicated she would be going up to San Jose. Council Member Harney reported on the kickoff of the Downtown Business Association Thursday Night Live series with kids area, food trucks and live bands. He noted the Bicycle Pedestrian Commission would have a Cycle Downtown Event. He highlighted the increase in attendance at Gilroy Gardens attendance with the opening of the Water Oasis. City Council Meeting Minutes 06/18/2018 2 Council Member Tovar reported on SCRWA and thanked Council Member Bracco for serving as president of the Board as that term comes to an end, and welcomed Rene Spring, Council Member from Morgan Hill as the incoming president. He offered additional comments on Downtown Live including dates, and noted he recently joined YMCA Board and is working to bring more classes to Gilroy. Council Member Leroe -Munoz reported on Cities Association of Santa Clara County meeting in the previous week and their discussion of how cities are addressing challenge of people staying in their cars overnight. Mayor Velasco encouraged Council Members to reach out to Tammy to get the latest information on the happenings of the Economic Development Committee. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tovar asked that council consider bringing forward the City Facility Use policy as to when non - profits can use City facilities and ways the City can reduce or waive the one -time usage fee. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Peter Leroe - Munoz, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker A. Minutes of the June 4, 2018 Regular Meeting B. Adoption of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808 -18 -022 (Introduced 6/4/2018 with a 7 -0 vote) VII. BIDS AND PROPOSALS A. Contract Award to Polychrome Construction Inc. in the Amount of $129,500. for the Completion of Fire Hydrant Painting /ID Tags, Project No. 18 -PW -243 -2 Public Works Director Awoke presented the report. There were no public comments. Possible Action: Award a contract for Fire Hydrant Painting / ID Tags Project No. 18- PW -243- 2 to Polychrome Construction Inc. in the not to exceed amount of $129,500, establish a project contingency of approximately 8% ($10,360), and authorize the City Administrator to execute the agreement and related documents, including amendments up to the contingency amount. RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker B. Agreement with Mobilitie, LLC for Use of Two Street Lights in the Public Right -of -Way for Installation of Small Cellular Wireless Telecommunications Equipment (M18 -11) Senior Planner Ketchum presented the report. There were no public comments. City Council Meeting Minutes 06/18/2018 3 Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Daniel Harney, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar ABSENT: Cat Tucker C. Approval of a Second Contract Amendment With Honeywell, Inc. Extending the Contract Term by Four Months and Associated Budget Amendment in the Amount of $42,000 Public Works Director Awoke presented the report. There were no public comments. Possible Action: Approve a second amendment to the agreement with Honeywell Inc., and associated budget amendment in the amount of $42,000. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker VIII. PUBLIC HEARINGS A. Consideration of the Placement of Property Liens for the Non - payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy Finance Director Forbis presented the report. The public hearing was opened; there being no testimony, it was then closed. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Daniel Harney, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker B. Introduction of an Ordinance Amending Section 30.19.10(c)(2) of Chapter 30 of the Gilroy City Code, and Corresponding Downtown Specific Plan Amendment, to allow Ground -Floor Offices Along Monterey Road, North of Fourth Street and South of Sixth Street Within the Downtown Historic District Without a Conditional Use Permit for a Period of Two Years Planning Division Manager O'Strander presented the report. The public hearing was opened. Gary Walton indicated the Downtown Association is in favor of this ordinance, and that vacancy on the outskirts of downtown is a problem as well as retail businesses closings. Bill O'Connor voiced support for the ordinance, and spoke to the varying uses of downtown beyond nighttime uses. The public hearing was closed. City Council Meeting Minutes 06/18/2018 2 Possible Action: Motion to read the ordinance by title only and waive further reading; and RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Dion Bracco, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar ABSENT: Cat Tucker Introduction of an Ordinance Amending Section 30.19.10(c)(2) of Chapter 30 of the Gilroy City Code, and Corresponding Downtown Specific Plan Amendment, to allow Ground -Floor Offices Along Monterey Road, North of Fourth Street and South of Sixth Street Within the Downtown Historic District Without a Conditional Use Permit for a Period of Two Years Deputy City Clerk Guzzetta read the ordinance title. The motion was amended to include bringing back a resolution at the same time with corresponding changes to the Specific Plan. Possible Action: Introduction of an ordinance of the City Council of the City of Gilroy amending section 30.19.19 (c) (2) of the Gilroy City Code to allow ground - floor offices in the area north of fourth street and south of sixth street within the downtown historic district without a conditional use permit for a period of two years. RESULT: APPROVE AS AMENDED [UNANIMOUS] MOVER: Peter Leroe- Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar ABSENT: Cat Tucker IX. UNFINISHED BUSINESS A. Consideration and Approval of Proposed Amendments to the Fiscal Year 2019 City Budget City Administrator Gonzalez introduced the item. Finance Director Forbis and Finance Manager Atkins presented the report. In a split vote of 3 in support and 3 opposed (Bracco, Blankley, Harney) Proposal 1 Information Technology Department failed to moved forward. The Council agreed to include Proposal 2a Police Department Administrative Operational Capacity, Proposal 2b Community Development Administrative Operational Capacity, and Proposal 2c Public Works Administrative Operational Capacity into the budget amendment with Council Member Bracco not in support of the request. The Council agreed to include Proposal 2d Youth Services Recreation Specialist in the budget amendment with Council Member Bracco and Council Member Blankley opposed. Proposal 2e failed to move forward with 2 in support and four opposed (Harney, Velasco, Bracco, Blankley). The Council agreed to include Proposal 3 Gilroy Center for the Arts Improvements, option 3 for Phased Implementation into the budget amendment, with Council Member Bracco not in support of the request. The Council unanimously agreed to include Proposal 4 Commissioner Training in the budget amendment with an amount of $15,000 at $1000 per Commission to include purchase of business cards. The Council unanimously agreed to include the following in the budget amendment: Proposal 5 Employee Assistance Program, Proposal 6 Speed Zone City Council Meeting Minutes 06/18/2018 I'll Study, Proposal 7 Increase of Police Department Authorized Positions, Proposal 8 Conversion of Limited Term HR Analyst to Permanent, and Proposal 9 Budget increase for HR Recruitment. In a split vote of 3 in support and 3 opposed ( Bracco, Blankley, Harney), Proposal 10 Community Engagement Manager Compensation failed to moved fo rwa rd. The Council agreed to include Proposal 11 Building Division Record Scanning Project in the budget amendment with Council Member Bracco and Council Member Blankley opposed. The Council unanimously agreed to include Proposal 12 Local Streets /Roads Program in the budget amendment. There were no public comments. Possible Action: Consideration of the adoption of a Resolution of the City Council of the City of Gilroy approving amendments to the adopted budget for the Fiscal Year ending June 30, 2019. RESULT: APPROVE [5 TO 1] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe - Munoz, Council Member AYES: Velasco, Blankley, Harney, Leroe- Munoz, Tovar NAYS: Dion Bracco ABSENT: Cat Tucker B. Discussion of Proposed Amendments to Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment to Add a New Section 30.38.270 Entitled Protected Tree Removal Permit Ordinance (Z16 -05) Senior Planner Ketchum presented the report. Public comment was opened. Mary Yates indicated she was in favor of the ordinance, but expressed concern for notifying the public. She suggested including it with the water bill. Further, she noted an arborist needs to be on site and asked to see incense cedar added to list of native protected trees. She passed around a handout on the incense cedar tree. Public comment was then closed. Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Daniel Harney, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker X. INTRODUCTION OF NEW BUSINESS A. 12 Month Time Extension Request for Tentative Map TM 13 -11 and Architectural and Site Review AS 13 -35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808- 01 -21, 808 -01 -22 and 808 -01- 23, Applicant Eagle Garden, LLC (continued from the Council meeting of 6/4/2018) Planning Division Manager O'Strander presented the report. Public comment was opened. City Council Meeting Minutes 06/18/2018 N Arman Nazemi with MH Engineering and Richard Liaw of Eagle Garden, LLC, spoke on background of the project and confirmed they intend to submit the plan and start the project. Ron Kirkish urged the City Council to extend the time for the project. Chris Vanni encouraged the Council to extend the time for the project. Public comment was then closed. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy extending TM 13 -11 and AS 13 -35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808- 01 -21, 808 -01 -22 and 808- 01 -23; filed by Eagle Garden, LLC. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar ABSENT: Cat Tucker B. Consideration and Direction to Staff on a Temporary Use Permit for Saint Louise Hospital Located at 9400 No Name Uno to Support Extensive Facility Upgrades Planning Division Manager O'Strander presented the report. There were no public comments. Possible Action: Consideration of a Temporary Use Permit No.18 -06 for upgrades at Saint Louise Hospital, and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker C. 12 Month Time Extension Request for Tentative Map TM 13 -03 for the Development of a Subdivision of Approximately 2.67 Acres Located Southwest of Santa Teresa Boulevard, South of the Ballybunion Drive /Santa Teresa Boulevard Intersection, Applicant Tim Filice representing Glen Loma Group Planner II Durkin presented the report. There were no public comments. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy approving a 12 -month extension of tentative map TM 13 -03 creating six single - family residential lots, three open space parcels and a private street at a property located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive /Santa Teresa Boulevard intersection APNS 810 -42 -001 and 810 -72- 036, filed by Glen Loma Group. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar ABSENT: Cat Tucker City Council Meeting Minutes 06/18/2018 7 D. Quality of Life Crime and Homelessness Plan Jan Bernstein Chargin expressed concern for people living in cars, and noted that enforcement without services can lead to terrible results highlighting the mother and children caught in the fires last year. The report was continued to August 6, 2018. Possible Action: Receive Report. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. 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:7491 Railroad Avenue, Gilroy, APN 841-06-001 (Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Mark Garrison; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7517 and 7525 Monterey St, Gilroy, APN 799 -06 -069; Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Amit Patel and Sunil Patel on Behalf of Akshar LLC; Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7541 and 7543 Monterey St and 7440 Gourmet Alley, Gilroy, APN 799 -06 -048 (Dick Bruin Building); Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Jose Montes on Behalf of Sil Vest LLC; Under Negotiations: Price and Terms of Payment D. 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 E. 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 10:46 D.M. ueputy airy uierK City Council Meeting Minutes 06/18/2018