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.
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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
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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.
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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.
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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.
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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