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Minutes 2018/09/101 City of Gilroy City Council Meeting Minutes September 10, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 2. Invocation The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Freels announced that the agenda had been posted on September 5, 2018 at 4:45 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 5:57 PM Dion Bracco Council Member Present 5:57 PM Daniel Harney Mayor Pro Tempore Present 6:00 PM Peter Leroe -Munoz Council Member Absent Fred Tovar Council Member Present 6:10 PM Cat Tucker Council Member Present 5:59 PM C. A. Orders of the Day There were no agenda changes. Employee Introductions Police Chief Smithee introduced new employees Records Technician Elizabeth Olivas, Public Safety Communicator Laura Aguila, Community Service Officer Maricio Salinas and newly promoted Management Assistant Tammy Puthoff. Public Works Director Awoke introduced newly appointed Interim Deputy Director of Operations Jim Craig. CEREMONIAL ITEMS Proclamations, Awards, and Presentations 1. Proclamation Naming the Week of September 17 -24, 2018 as Constitution Week Mayor Velasco presented the proclamation to the Daughters of the American Revolution. 2. Proclamation Naming the Month of September as Emergency Preparedness Month Mayor Velasco presented the proclamation to Fire Captain Decker. 3. Proclamation Naming the Month of September Childhood Cancer Awareness Month Mayor Velasco presented the proclamation to Jacob's Heart Childhood Cancer Support Services. PRESENTATIONS TO THE COUNCIL Ron Kirkish spoke on the prior court case involving Medileaf explaining that Council candidate Tom Fischer had distributed campaign literature which supported commercial cannabis activity in the City. City Council Meeting Minutes 09/10/2018 2 Sharon McKeegan asked the Council to direct the Public Works Director to remove two trees adjacent to her home at Pacific Mobile Estates. She explained that she had attempted to have the trees removed for 2 years, but had gotten nowhere at city hall. Tom Fischer stated that he wanted the Council the revisit the issue of medical marijuana commercialization as Gilroy voters had voted in favor of the statewide proposition, and the Planning Commission had voted unanimously to recommend that the issue be reconsidered by the Council as it was a large revenue producing opportunity for the City. Public comment was then closed. A. Library Commission Annual Presentation to Council The presentation was given by Commission Chair Reddy. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco spoke on the recent SCRWA Board meeting detailing a new solar project at the plant, and then spoke on the recent URM Task Force meeting.. He reported on the Spirit Ride that Bracco's Towing had participated in, detailing the significance to promote the slowdown and move over laws of the state. Mayor Pro Tempore Harney reported on the Gilroy Downtown Business Association meeting including the music on the porch event and a report being prepared on downtown parking. He concluded by announcing the planned downtown sidewalk sale on September 22nd. Council Member Tovar thanked the Water District for hosting the recent joint meeting and spoke on the bike racks for sale in the downtown. Mayor Velasco reported that one additional URM building had been retrofit and then spoke on a recent opinion that the former downtown water store building was a historic significant site, explaining that city staff would be evaluating the opinion during the historic survey process. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco requested that the Council consider additional measures to enforce the retrofit for two URM buildings in the downtown that had been ignored by the property owners. The Council agreed to agendize the item. Council Member Blankley requested that a letter from the Council be prepared regarding Saint Louise Hospital's potential sale by the parent company. Mayor Velasco stated that he would be working with the City Administrator to craft the letter. VI. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Velasco spoke on the 2019 meeting schedule identifying the cancellation of the 2nd meeting in December. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker A. Minutes of the August 20, 2018 Regular Meeting B. Response to Santa Clara County Civil Grand Jury Report, Affordable Housing Crisis: Density is our Destiny C. Approval of the 2019 City Council Regular Meeting Schedule D. Update to the Gilroy Conflict of Interest Code During Biennial Review City Council Meeting Minutes 09/10/2018 3 E. Adoption of the City's Debt Policy for Community Facilities District 152 F. Adoption of an Ordinance of the City Council of the City of Gilroy Creating an Expedited and Streamlined Permitting Process for Electric Vehicle Charging Stations, In Compliance with Assembly Bill 1236 (introduced 8/20/18 with a 7 -0 vote) G. Claim of Vanessa Hernandez (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. A Resolution of the City Council of the City of Gilroy Rescinding Resolution 2016 -57, and Authorizing Officers Who May Conduct Financial Transactions on Behalf of the City of Gilroy I. A Resolution of the City Council of the City of Gilroy Rescinding Resolution 2016 -58 and Re- Authorizing the Investment of Monies in the Local Agency Investment Fund (LAIF) and Designating Officers Authorized to Conduct LAIF Transactions on the City's Behalf J. Contract Amendment with Precision Grade, Inc. in an Amount Not to Exceed of $9,680 for the Construction of the Las Animas Park Trail Rehabilitation Project No. 18 -PW -247 and Approval of Fiscal Year 18 -19 Budget Amendment VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Establishment of an Attendance Policy for City Boards, Commissions and Committees The staff report was presented by City Clerk Freels. Public comment was opened. Amanda Rudeen spoke on Boards and Commissions going dark at certain periods during the year, asking if a previously cancelled meeting could be un- cancelled Bill O'Connor spoke on making the commitment to serve on a Board or Commission explaining that if member exceeded the attendance standard they should be removed. Public comment was closed. The Council gave direction to staff to make modifications to the policy and return with the item at the next meeting for approval. X. INTRODUCTION OF NEW BUSINESS A. Consideration of the Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 16.6 -1 to Allow No Limit Antes, Wagers, or Bets 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: Dion Bracco, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker City Clerk Freels read the ordinance title. City Council Meeting Minutes 09/10/2018 M Possible Action: b) Motion to introduce an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Section 16.6 -1 of Chapter 16 entitled "Offenses - Miscellaneous" pertaining to permitted games and cardroom wagers. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker B. Proposed Cities Association of Santa Clara County Regional Housing Needs Allocation Sub - Region The staff report was presented by Senior Planner Ketchum. There were no public comments. Possible Action: Receive report and direct staff to prepare a letter to the Cities Association of Santa Clara County conveying the intention to participate in the Santa Clara County Sub - Regional RHNA process. RESULT: APPROVE [4 TO 2] MOVER: Marie Blankley, Council Member SECONDER: Mayor Roland Velasco, Mayor AYES: Mayor Roland Velasco, Marie Blankley, Daniel Harney, Fred Tovar NAYS: Dion Bracco, Cat Tucker C. Consideration of Proposed Finance, Fire and Recreation Departmental Position Adjustments The item was introduced by City Administrator Gonzalez and presented by Finance Director Forbis. There were no public comments. Possible Action: Approval of position adjustments in the following Departments: 1. Finance: a. delete Supervising Accounting Technician and Purchasing Coordinator; b. add Accounting Assistant 1 /11 and Accounting Technician 1 /I1; c. retitle Accountant II to Accountant. 2. Recreation Department: delete Office Assistant I; add Management Assistant. 3. Fire: retitle Fire Administration Technician to a Management Assistant. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker D. Use of Council Chambers for Local Public Election Candidate Forums The staff report was presented by City Administrator Gonzalez. There were no public comments. City Council Meeting Minutes 09/10/2018 5 Possible Action: Approval of the use of Council chambers for local public election candidate forums, open to the general public and conducted by Gilroy -based non- profit organizations, shall be free of charge. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker E. An Emergency Ordinance of the City Council of the City of Gilroy Amending Section 30.37.20(d)(13) of Article 37 of Chapter 30 of the Gilroy City Code Pertaining to "Sign Regulations" The staff report was presented by City Attorney Faber. There were no public comments. Possible Action: a) Motion to read the ordinance by title only and waive further reading RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker City Clerk Freels read the ordinance title. An Emergency Ordinance of the City Council of the City of Gilroy Amending Section 30.37.20(d)(13) of Article 37 of Chapter 30 of the Gilroy City Code Pertaining to "Sign Regulations" Possible Action: b) Motion to adopt an Emergency Ordinance of the City Council of the City of Gilroy Amending Section 30.37.20(d)(13) of Article 37 of Chapter 30 of the Gilroy City Code Pertaining to "Sign Regulations" RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker F. Approval of a 4% Salary Increase for City Administrator Gabriel Gonzalez Effective Retro- Active to March 1, 2018 The item was presented by Mayor Velasco. There were no public comments. Possible Action: Approval of a 4% salary increase for City Administrator Gabriel Gonzalez effective retro- active to March 1, 2018. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez spoke on the Police Department efforts in addressing a gunman at Gilroy High School. XII. CITY ATTORNEY'S REPORTS There were none. City Council Meeting Minutes 09/10/2018 N 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 The City Attorney explained that the Council was entering into closed session on the item as discussion in open session would unavoidably prejudice the city's position in the case. There were no public comments. Possible Action: Motion to adjourn to closed session RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker The Council adjourned to closed ses: City Clerk City Council Meeting Minutes 09/10/2018