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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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