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Minutes 2019/05/201 Citv of Gilrov Citv Council Meeting Minutes Mav 20. 2019 OPENING A. Call to Order The meeting was called to order at 6:05 PM by Mayor Roland Velasco 1. Pledge of Allegiance Council Member Tovar led the pledge of allegiance. 2. Invocation Bishop James Rawlings of the Church of Jesus Christ of Latter Day Saints presented the invocation. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta reported that the agenda was posted on May 15, 2019 at 5:50 p.m., and the revised agenda was posted on May 17, 2019 at 3:35 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 5:58 PM Dion Bracco Council Member Present 6:07 PM Peter Leroe-Munoz Council Member Present 6:02 PM Carol Marques Council Member Present 5:48 PM Fred Tovar Council Member Present 5:50 PM Cat Tucker Council Member Present 5:47 PM B. Orders of the Day Mayor Roland Velasco requested the Council hear Item IX.a on Community wide Polling, Item IX.e on Status of Existing Broadcasting Abilities and Proposal for Upgrading Services and City -Owned Equipment, and Item X.a on Consideration of the City Budget to be heard after the Consent Calendar. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Presentation of Recycler of the Year Award to Tacos Ameca Julie Alter from Recology presented the award. 2. Proclamation Naming May 19 -25, 2019 as National Public Works Week Mayor Velasco presented the proclamation to the Public Works Department. 3. Certificate in Recognition of Noah's Concrete Mayor Velasco spoke on the certificate of recognition. 111. PRESENTATIONS TO THE COUNCIL Donald Perino offered compliments to the Council and staff. City Council Meeting Minutes 05/20/2019 2 IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe-Munoz spoke on the Cities Association Semi -Annual Gala and their discussion of automated vehicles and preparing for new technologies. He also noted that the Silicon Valley Regional Interoperability Authority meets this Thursday. Mayor Velasco added that the Cities Association has a subcommittee for the Arena Evaluation which might have a minor fiscal impact to the city. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker A. Minutes of the May 6, 2019 Regular Meeting B. Appointment of Affordable Housing Representative to the General Plan Advisory Committee C. Appointments to Open Seats on the Arts and Culture Commission and Community and Neighborhood Revitalization Committee D. Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2019-2020 Transportation Development Act Article 3 Bicycle Expenditure Program Category 1 Funds from the Metropolitan Transportation Commission for the West Branch Llagas Creek Trail (Ronan Channel) Project No. 15-PW-225 E. Approval of a Funding Agreement with Santa Clara Valley Transportation Authority (VTA) Through March 31, 2047 for the 2016 Measure B Local Streets and Roads Program F. Adoption of an Ordinance of the City Council of the City of Gilroy Promoting the Right to do Business in Downtown and Promulgating Deed Notifications as a Condition of Discretionary Development Permits and Transfers of Property (introduced 5/6/19 with a 7-0 vote) G. Approval of a Service Rate Adjustment Request by Recology South Valley Effective July 1, 2019 for Solid Waste Services as Provided for in the City's Franchise Agreement H. Approval of a Parcel Map, Partial Vacation of Banes Lane Right of Way, and AutoMall Parkway Right of Way Dedication for Nissan Gilroy Expansion Project I. Approval of a Notice of Acceptance of Completion for Property Improvement Agreement 2017-01 Hecker Pass Heartland Gardens Tracts 10379, 10398, 10399, and Approve a Reduction in the Faithful Performance and Payment Bonds K. Adoption of the City's Investment Policy as Required by Government Code Section 53646(a) J. Approval of a Memorandum of Understanding with Garlic City BMX to Explore the Feasibility of a Potential Dirt Pump Track on a Portion of Christmas Hill Park City Administrator Gonzales offered background on the Memorandum of Understanding. Herman Garcia noted he has previously voiced concerns about this proposal and that the project will put the City at risk with silt and sediment issues so close to the City's waterways. City Council Meeting Minutes 05/20/2019 K, Patricia Bentson, chair of Parks and Recreation Commission, expressed the Commission's support for the track, and noted their shared concern for the Riparian corridor. Approval of a Memorandum of Understanding with Garlic City BMX to Explore the Feasibility of a Potential Dirt Pump Track on a Portion of Christmas Hill Park RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker VII. BIDS AND PROPOSALS A. Approval of a Fiscal Year 2018-2019 Budget Amendment Increasing Appropriations in the Amount of $229,950, and Approve a Contract With 4LEAF, Inc. in the Amount of $209,050, with a Project Contingency of $20,900 for Construction Management Services for the Monterey Road Rehabilitation Project No. 19-RFP-PW-423 Public Works Director Awoke presented the report. a) Adopt a Resolution of the City Council of the City of Gilroy amending the fiscal year 2018-2019 budget for the gas tax fund 213 increasing appropriations in the amount of $229,950. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco b) Approve a contract with 4LEAF, Inc. in the amount of $209,050 for construction management services for the Monterey Road Rehabilitation Project, No. 19-RFP-PW-423, establish a project contingency of $20,900 (10%); and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco B. Approval of a Fiscal Year 2018-2019 Budget Amendment Increasing Appropriations in the Amount of $1,369,674 and Award of a Contract to Teichert & Son, Inc. for a Base Bid Amount of $1,369,674 for the Construction of the Citywide Pavement Maintenance Phase II Project No. 19-PW-252, and Approve Fiscal Year 2018-2019 Budget Amendments Increasing Appropriations in the Amounts of $359,310 and $312,231 and Award Contract Bid Alternates No.1 in the Amount of $359,310 and No. 2 in the Amount of $312,231 Public Works Director Awoke introduced the item and Engineer I Than presented the report. a) Adopt a resolution of the City Council of the City of Gilroy amending the 2018-2019 fiscal year budget increasing the capital projects fund 400 by $1,191,912 and vehicle registration fee fund 225 by $177,762, and appropriating proposed expenditure amendments (Base Bid). RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco City Council Meeting Minutes 05/20/2019 M b) Approve a contract with Teichert & Son Inc. for the base bid price of $1,245,158 for the construction of the FY19 Citywide Pavement Maintenance Phase II project, No. 19-PW-252, establish a project contingency of $124,516 (10%), and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco c) Adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2018-2019 budget increasing the vehicle registration fee Fund 225 by $359,310 and appropriating proposed expenditure amendments (Bid Alternate No. 1). RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco d) Approve bid alternate No. 1 in the amount of $326,645 for the FY19 Citywide Pavement Maintenance Phase II project, No. 19-PW-252, and establish a project contingency of $32,665 (10%). RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco e) Adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2018-2019 budget increasing the vehicle registration fee fund 225 by $312,231, and appropriating proposed expenditure amendments (Bid Alternate No.2). RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco f) Approve bid alternate No. 2 in the amount of $283,846 for the FY19 Citywide Pavement Maintenance Phase II project, No. 19-PW-252, and establish a project contingency of $28,385 (10%). RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco C. Approval of a Fiscal Year 2018-2019 Budget Amendment Increasing Appropriations in the Amount of $270,000 and Approval of a Reimbursement Agreement With Santa Clara Valley Water District for Performing Trail Repairs at Uvas Creek Levee From Miller Avenue to Gilroy Sports Park Engineer I Than presented the report. City Council Meeting Minutes 05/20/2019 5 a) Adopt a resolution of the City Council of the City of Gilroy approving a fiscal year 2018-2019 budget amendment increasing appropriations in the amount of $270,000 and appropriating proposed expenditure amendments. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco b) Approve an agreement with Santa Clara Valley Water District for cost reimbursement for performing trail repairs at Uvas Creek Levee from Miller Avenue to Gilroy Sports Park. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco Vill. PUBLIC HEARINGS There were no public hearings. IX. UNFINISHED BUSINESS A. Presentation of the Community -Wide Polling Results by EMC Research to Measure Resident Satisfaction of City Services Sara LaBatt from EMC Research presented the report. Receive report and provide direction to staff. RESULT: APPROVE [5 TO 21 MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Marie Blankley, Dion Bracco B. Approval of Parcel Map, Property Improvement Agreement No. 2019-01, Irrevocable License Agreement and Right of Entry with Glen Loma Ranch Below Market Rate (BMR) Towncenter Development Regarding Assessor Parcel Numbers 808-18-003, 808-19-022, and 808-19-023 (continued from 5/6/2019) Public Works Director Awoke presented the report. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco C. Approval of the Design of the Gilroy Welcome Sign and Historic Wine Region Plaque at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway Senior Planner Durkin presented the report. Connie Rogers voiced frustration that she didn't know a park was being planned for that area because cedar trees could be added to that area as they are part of the welcoming to Gilroy. Jane Howard offered clarification on the wineries selected, in support of the signage. City Council Meeting Minutes 05/20/2019 CQ Approve the Gilroy welcome sign and historic wine region plaque for the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway. RESULT: APPROVE [5 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tucker NAYS: Fred Tovar ABSENT: Dion Bracco D. Consideration of a Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review Permit AS 18-20 for a Development of 202 Townhouse Units at the Southwest 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. Sr. Planner Wu presented the report Allan Butler offered background on the project. Come back to a future council meeting with options to approve and deny Adoption of a Resolution of the City Council of the City of Gilroy approving a second time extension for Tentative Map TM 13-11 and Architecture and Site Review AS 18-20 creating a 202-unit condominium townhouse development 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; filed by Eagle Garden, LLC. RESULT: MOTION FAILED [3 TO 3] MOVER: Cat Tucked, Council Member SECONDER: Marie Blankley, Council Member AYES: Blankley, Tovar, Tucker NAYS: Velasco, Leroe- Munoz, Marques ABSENT: Dion Bracco Return to City Council at a date to be determined with options to approve or deny the extension. RESULT: APPROVE [UNANIMOUS] MOVER: Mayor Roland Velasco, Mayor SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco E. Report on the Status of Existing Broadcasting Capabilities at City Hall and Proposal for Upgrading Services and City -Owned Equipment (continued from 51612019) City Administrator Gonzales introduced the item and Community Engagement Coordinator Bedell presented the report. Becca Reid from CMAP responded to the presentation and questions from Council. Charles Douglas offered concerns for the staff proposal and cautioned that this would be at the expense of public education. Jeanine Olsen, CMAP Director of Production and Partnerships, discussed the benefits of the breadth of experience offered by CMAP employees. Gary Walton expressed concern for the vagueness of the staff report, cautioned that the city needs to think of the other cities in this partnership with CMAP, and noted there was not enough concrete information in the report to make a decision. City Council Meeting Minutes 05/20/2019 7 Possible Action: Receive report and provide direction to staff. X. INTRODUCTION OF NEW BUSINESS A. Consideration of the City Budget for Fiscal Years 2020 and 2021 City Administrator Gonzales introduced the item and Finance Manager Atkins presented the report. Patricia Bentson opposed the elimination of one million dollars from recreation department and advised it would be detrimental to the community. Connie Rogers, Gilroy Growing Smarter, noted that smart growth includes ensuring public safety growth grows with it. She said that the City needs to advance construction of Glen Loma Station and 10th Street Bridge to ensure public safety response. Jorge Mendoza thanked the City for the support for last year's recreation budget. He noted many families benefit because they cannot afford other programs and they feel more comfortable coming to you. He thanked the recreation department for providing a connection to the City and asked the Council for their continued support for recreation programs. Leanna Rivera said that recreation department programs are important, and spoke on how they helped her. She asked for continued funding for programs for low income students Jaida Ruby asked for the Council to continue funding as they benefit local youths. Bryan Alonso Cortez asked the Council to not take money from the recreation department, that without these programs, many youths would have gotten into trouble, had more problems, and the youth crime rate would go up. He said that they protect our youth and community and without these groups, there will be missed opportunities. Without them, he would not have been selected for the Youth Commission. Sandra Amezcua indicated that children learn in different ways, one of her main concerns was that by stopping recreation programs, kids will stop learning and spend too much time in front of electronic devices. Marina Llamas asked for support for services, and noted that the recreation department services serve low-income families. Possible Action: a) Direct staff to bring back the Operating Budget for Fiscal Years 2020 and 2021 to the June 3, 2019 regular Council Meeting for City Council adoption RESULT: APPROVE [6 TO 11 MOVER: Carol Marques, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Bracco, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Marie Blankley City Council Meeting Minutes 05/20/2019 b) Approve service level restoration budget appropriation request in the General Fund in the amount of $445,020 in FY20 and $729,395 in FY21 for the creation of the below positions: • Deputy City Administrator — Economic Development • Two Police Officers for the creation of a Quality of Life Task Force • Planner I (Three year term limited) to staff the One -Stop Customer Service Center • Engineer II (three year limited term) to staff the One -Stop Customer Service Center • Reclassify the Community Engagement Coordinator position to a Community Engagement Manager position Council Member Bracco left the meeting at 9:25 p.m. Ron Kirkish related his experience in interceding on behalf of businesses with the Economic Development Committee to facilitate working with the City. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco c) Approve service level restoration budget appropriation request in Non - General Funds in the amount of $492,424 in FY20 and $656,565 in FY21 for the creation of the below Public Works Operations positions: • Engineer II — Capital Improvement and Transportation Engineer • Two Maintenance Worker I positions — Water Section • Two Maintenance Worker I positions — Stre'ets and Sewer Section RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member , SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco d) Reclassify the Community Engagement Coordinator position to a Community Engagement Manager position Action taken with Part B. e) Consideration to fund the Gilroy Economic Development Corporation (EDC) on an annual basis not to exceed $50,000 per fiscal year based on: • Compliance with a performance -based agreement • Matching funds raised by the EDC separate from the City's potential contribution Action to be taken separately on the June 3, 2019 agenda.. f) Consideration to reclassify the Information Technology Manager position to an Information Technology Director position with an additional appropriation of $50,240 in the General Fund and $22,571 in Non -General Funds, and reestablishment of the Information Technology Division to the Information Technology Department RESULT: APPROVE [5 TO 11 MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Blankley, Leroe-Munoz, Marques, NAYS: Mayor Roland Velasco ABSENT: Dion Bracco Tovar, Tucker City Council Meeting Minutes 05/20/2019 g) Consideration of the recommended requests totaling $8,500 for FY20 and $7,500 for FY21 in additional appropriations from the City's commissions RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco B. Consider Declaring Properties Located at 10 West 7th Street, 7574 Monterey Street and 7568 Monterey Street to be Blighted Property and Direct the City Administrator to Begin the Process to Abate Such Nuisances Code Enforcement Officer Barron presented the report. Connie Rogers discussed the historic scale of 7568 Monterey St. and expressed hope it could be rehabilitated or saved Gary Walton appreciates the concern the city has for the condition of these properties, but was not sure if they met the city's definition of blight. He noted he thought the city needs a maintenance code. Council Member Blankley left at 11:47 p.m. a) Adopt a resolution of the City Council of the City of Gilroy declaring 10 West 7th Street to be a blighted property and directing the City Administrator to begin the process to abate such nuisance. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Marie Blankley, Dion Bracco b) Adopt a resolution of the City Council of the City of Gilroy declaring 7574 Monterey Street to be a blighted property and directing the City Administrator to begin the process to abate such nuisance. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Marie Blankley, Dion Bracco c) Adopt a resolution of the City Council of the City of Gilroy declaring 7568 Monterey Street to be a blighted property and directing the City Administrator to begin the process to abate such nuisance. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Marie Blankley, Dion Bracco City Council Meeting Minutes 05/20/2019 10 C. Adoption of a Resolution of the City Council of the City of Gilroy Authorizing the Refinancing of the Gilroy Library General Obligation Bonds Finance Director Forbis presented the report. Adopt a resolution of the City Council of the City of Gilroy authorizing the issuance of its 2019 General Obligation Refunding Bonds, authorizing and directing the execution of paying agent agreements and certain other related documents and authorizing actions related thereto. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker ABSENT: Dion Bracco XI. CITY ADMINISTRATOR'S REPORTS The City Administrator offered a reminder for the Special City Council Meeting on May 22, 2019. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION There was none. ADJOURNMENT The meeting was adjourned at 11:55 p.m. Suz ° n e Guzzetta Deput ity Clerk City Council Meeting Minutes 05/20/2019