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Minutes 2019/06/03Citv of Gilrov Citv Council Meetinq Minutes June 3, 2019 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Marques. 2. Invocation There was no invocation given. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on May 30, 2019 at 3:00 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 15 55 PM Marie Blankley Council Member Present 5:45 PM Dion Bracco Council Member Present 6:00 PM Peter Leroe-Munoz Council Member Present 6:00 PM Carol Marques Council Member Present 5:53 PM Fred Tovar Council Member Present 5:57 PM Cat Tucker Council Member Present 5:53 PM B. Orders of the Day Mayor Velasco asked to move Item IX.A. prior to Item VIII.A., and Item IX.B. prior to section Vill. The Council agreed to move the items. C. Employee Introductions Finance Director Forbis introduced newly hired Accounting Assistant Bianca Barbour. Police Chief Smithee introduced newly hired Police Officer Juan Guevera. Public Works Director Awoke introduced newly promoted Water Division Supervisor Jeff Castro. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL Cam Diskowski spoke on an Eagle Scout project he had managed at the community garden, sharing his concerns with the use of the area for parking. Chrys Diskowski spoke in opposition to paving over the community garden on 7th and Eigleberry Streets. Craig Diskowski spoke on the issue of paving over the community garden for a parking lot detailing the work that had gone into the area by his son and other Boy Scouts and Girl Scouts. Gary Walton spoke on the inability to present the Downtown Associations annual review to the Council on time and work being done to complete it. City Council Meeting Minutes 06/3/2019 2 A. Presentation of the Santa Clara County Affordable Housing Bond Program The presentation was given by Consuelo Hernandez from the County Office of Supportive Housing. Public comment was opened. Jan Berstein Chargin spoke on the prior residency of homeless who were being housed in supportive housing, explaining that many were from Gilroy, and she then mentioned the close of the Armory cold weather shelter. Ron Kirkish spoke on the number of problems in the community, and the Council's need to prioritize what to address. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe-Munoz spoke on the upcoming Mobility Partnership meeting which would address the needs on highways 152, 156 and 25. Mayor Velasco reported on the Chamber of Commerce Paws in the Park event and then thanked staff in finding a solution for a recent development project. He concluded by speaking on the Regional Housing Needs Sub Region allocations. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) Items A, C, D, E. 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 May 20, 2019 Regular Meeting C. Approval of Two Public Art Sculptures Proposed for the Hampton Inn & Suites Project D. Claim of Samuel Crocco (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Adoption of a Resolution of the City Council of the City of Gilroy Ordering the Vacation of a Certain Strip of Land Designated as a Portion of a Public Street Right of Way for Banes Lane to Facilitate the Relocation and Expansion of Nissan Gilroy B. A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A Council vote to receive late material from staff in support of the item per Gilroy City Code section 17A.10 (c). RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Attorney Faber spoke on the item and it was further presented by Interim Fire Chief Clet. Public comment was opened. Milton Broussard spoke on continuing the item suggesting that the additional time would allow for the fees to be reviewed. Public comment was then closed. City Council Meeting Minutes 06/3/2019 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS B. Approval 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;22;23; filed by Eagle Garden, LLC. (Continued from 5/20/2019) The staff report was presented by Planning Manager Wyrick. Public comment was opened. Allan Butler spoke on the approval of the extension request sharing the community benefits of the development fees and the monument sign, and detailed plans to use local contractors. Bill O'Connor spoke on the description of the location of the item. Chris Vanni spoke on future development time extensions suggesting that process be created to make the process more clear. Public comment was then closed. RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker VII. BIDS AND PROPOSALS A. Approval of Contract Amendment No. 6 with CSG Consultants, Inc. in the Amount of $63,000 for Land Surveyor Services The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Approval of Contract Amendment No. 6 with CSG Consultants, Inc. in the amount of $63,000 for Land Surveyor Services, and authorize the City Administrator to execute the agreement. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS A. Consideration to Fund the Economic Development Corporation at Designated Sponsorship Level The staff report was presented by City Administrator Gonzalez. Public comment was opened. City Council Meeting Minutes 06/3/2019 L'I Kurt Michielssen, Chairman of the Economic Development Corporation (EDC) Board explained that the EDC had been funded by the City on an ongoing basis since incorporation in 1996, and he then further shared the benefits of the EDC. Public comment was then closed. A failed motion was made to sponsor the EDC at $10,000. RESULT: FAILED [3-4] MOVER: Marie Blankley, Mayor Pro Tempore SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Leroe-Munoz NOES: Bracco, Marques, Tovar, Tucker Direction was given to staff to bring the item back for reconsideration during mid - cycle of the fiscal year with the EDC's demonstrated measurable of success. Vill. PUBLIC HEARINGS A. Consideration of the Adoption of the City of Gilroy Operating Budget for Fiscal Years 2020 and 2021, Appropriation Limit for Fiscal Year 2020, Adoption of the Position Control List and Revision of the Appropriation Limit for Fiscal Year 2019 The staff report was introduced by City Administrator Gonzalez and further presented by Budget Manager Atkins. The public hearing was opened; there being no comments, it was then closed. Council vote to receive late material from staff in support of the item per Gilroy City Code section 17A.10 (c). RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker a) Adoption of a resolution of the City Council of the City of Gilroy repealing and replacing the adopted resolution establishing the Appropriation Limit for Fiscal Year 2019. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker b) Adoption of a resolution of the City Council of the City of Gilroy setting the Appropriation Limit for fiscal year 2020; and RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 06/3/2019 5 c) Adoption of a resolution of the City Council of the City of Gilroy adopting the operating budget for fiscal years 2020 and 2021 and appropriating proposed expenditures for the purposes set forth in the budget; and 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 d) Adoption of a resolution of the City Council of the City of Gilroy adopting the Position Control List RESULT: APPROVE [5 TO 2] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Marie Blankley, Dion Bracco IX. UNFINISHED BUSINESS B. Adoption of the Proposed City of Gilroy Strategic Plan 2020-2021 The staff report was introduced by City Administrator Gonzalez and further presented by Senior Management Analyst Barber. There were no public comments. Possible Action: Adopt the proposed City of Gilroy Strategic Plan 2020-2021 RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker C. Follow Up Report to Community -Wide Poll of Conceptual Next Steps, Costs and Timeline of Community Engagement Activities The staff report was presented by Senior Management Analyst Barber. There were no public comments. Direction was given to staff to continue moving forward with the ad hoc committee and return to Council with a budget amendment. RESULT: APPROVE [4 TO 3] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Mayor Roland Velasco, Peter Leroe-Munoz, Fred Tovar, Cat Tucker NAYS: Marie Blankley, Dion Bracco, Carol Marques X. INTRODUCTION OF NEW BUSINESS A. Consideration to Waive Permit Fees for the Memorial Day Parade Committee, Making the Determination that the Waiving of Fees for the 2019 Memorial Day Parade is for a Public Purpose The staff report was introduced by City Administrator Gonzalez and further presented by Senior Management Analyst Barber. Public comment was opened. Bill O'Connor spoke on the need to fund the parade explaining that the community was benefited by the event. City Council Meeting Minutes 06/3/2019 IV Susan Mister stated that the benefits to the community were so much more beneficial to the quality of life of Gilroy residents. Public comment was then closed. Possible Action: Direct the City Administrator to waive all City imposed fees related to the Special Event Permit for the 2019 Memorial Day Parade. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS A. Proposed Glen Loma Fire Station Construction Cost Update The item was introduced by City Administrator Gonzalez and the staff report was presented by Fire Division Chief Gutierrez. Public comment was opened. Carolyn Tognetti spoke in support of the building the fire station, need to build the 10th Street Bridge and larger station, and history of prior approvals of the station. Tom Fischer gave input on value engineering asking the Council to move fast to build the larger fire station and the 10th Street bridge. Connie Rogers spoke on the need to build the station and asked for the timeline of the standards of coverage report. Public comment was then closed. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Alma Ramirez, an individual; H.A. and L.A., both minors, as successors in interest to Hector Alvarez, deceased, by and through their guardian ad litem Alma Ramirez; vs. City of Gilroy, Adam Moon and Does 1 through 10, inclusive; Santa Clara Co. Superior Court, Case No. 17-CV- 00625-HRL, Filed February 7, 2017 B. CONFERENCE WITH NEGOTIATOR — COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, GCC Section 17A.11 (4) (a) Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director; Charles Sakai, Labor Counsel Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions. MOU With AFSCME C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property:140 Fifth Street, Gilroy (Willey House) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Gary Walton, Gilroy Downtown Business Association; Under Negotiations: Price and Terms of Payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property:140 Fifth Street, Gilroy (Willey House) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Mark Turner, Gilroy Chamber of Commerce; Under Negotiations: Price and Terms of Payment City Council Meeting Minutes 06/3/2019 7 E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: Eigleberry, APN 79906- 060 (City -Owned Parking Lot Between Eigleberry and Gourmet Alley) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Dan Nelson, Green Age Development; Under Negotiations: Price and Terms of Payment Public comment was opened. John Taft spoke on the Downtown Business Association's use of the Wiley House. Public comment was then closed. Motion to enter closed session on Item A. RESULT: APPROVED [7 TO 01 MOVER: Fred Tovar, Council Member SECONDER: Marie Blankley, Council Member AYES: Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker, Velasco ADJOURNMENT The Council adjourned to closed session at 10:25 p.m. Sh na Freels, NWC City Clerk City Council Meeting Minutes 06/3/2019