Minutes 2019/10/071
Citv of Gilrov
Citv Council Meetinq Minutes
October 7, 2019
I. OPENING
A.
10
C.
A.
Call to Order
The meeting was called to order at 6:00 PM by
1. Pledge of Allegiance
The pledge of allegiance was led by Mayor Velasco.
2. Invocation
There was no invocation provided.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
October 2, 2019 at 3 p.m.
Attendee Name
Mayor Roland Velasco
Marie Blankley
Dion Bracco
Peter Leroe-Munoz
Carol Marques
Fred Tovar
Cat Tucker
U
Orders of the Day
Title
Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Status
Arrived
Present
5.55 PM
Present
5:53 PM
Present
_
' 5:50 PM
Present
1 5:57 PM
Present
j 5:54 PM
Present
1 5:45 PM
Present
5:52 PM
Mayor Pro Tempore Blankley asked to move the Youth Commission
appointments up the agenda following consent calendar.
The Council agreed to move the item.
Employee Introductions
Human Resources Director McPhillips introduced newly hired HR Assistant
Veronica Croche.
Captain Deras introduced newly hired Police Officer Andrea Castellanos.
CEREMONIAL ITEMS
Proclamations, Awards, and Presentations
1. Presentation of Safe Routes to School Awards by Santa Clara
County Public Health
Santa Clara County Public Health staff presented the awards to Engineer 1
Nirorn Tran, Bicycle Pedestrian Commission Sean Reedy, Gilroy PD Traffic Unit
and California Highway Patrol Officer Macelli
2. Proclamation Naming the Month of October as Planning Month
Mayor Velasco presented the proclamation to Chair Fischer.
PRESENTATIONS TO THE COUNCIL
Bill O'Connor spoke on the topic of unfunded pension liabilities and described the
prioritization of use of reserve monies for items such as a new fire station and
other needs verses an unknown.
Ron Kirkish spoke on the use of the reserve funds for things such as disasters.
Planning Commission Annual Presentation to Council
Opportunity Zone Presentation by the Downtown Business Association
The presentation was given by Downtown Business Association Member John
Taft.
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Public comment was opened.
Gary Walton spoke on the potential loss of investors if the City did not move
quickly.
IV. REPORTS OF COUNCIL MEMBERS
Council member Tucker reported on the Habitat Agency Board meeting and
strategic planning session of the Welcome Center (sp?)
Mayor Pro Tempore Blakley spoke on the updates provided by the City
Administrator on the Sharks organization preliminary work. She then spoke on
SCRWA meeting and High Speed Rail alignment and spoke on the CalTrain
changes. She then spoke on the prioritization of keeping bus service to Gilroy.
Council Member Marques spoke on the URM building meetings.
Council Member Tovar spoke on the successful National Night Out event and
Boots for Badges fundraiser and then spoke on an event to highlight local heros
and then spoke on the upcoming Tamale Festival.
Council Member Leroe-Munoz spoke on the Authority presentation.
Mayor Velasco announced that the central coast markting team would be
working with the EDC on opportunity zones.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Velasco asked to have planning staff look at the opportunity zone overlay
and then report back to Council.
The Council agreed.
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 September 16, 2019 Regular Meeting
B. Opening of the Annual Recruitment Period for Boards, Commissions and
Committees With Member Terms Expiring December 31, 2019
C. Adoption of a Resolution of the City Council of the City of Gilroy to
Appropriate Non -General Funds in Fiscal Year 2018-2019 in Various Non -
General Funds (Special Revenue, Capital, Debt Service, and Enterprise)
and Appropriating Proposed Expenditure Amendments
D. Adoption of a Resolution of the City Council of the City of Gilroy Approving
Fiscal Year 2018-2019 Budget Appropriation Carryovers to Amend the
Fiscal Year 2019-2020 Amended Budget for Non -General Funds Including
Special Revenue, Capital, Internal Service, and Enterprise Funds
E. Claim of John Kalas (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Alfredo Torres (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
G. Claim of Fabiola Delgado Lara (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute the denial of the
claim)
H. Adoption of a Resolution of the City Council of the City of Gilroy Adopting
the Sewer System Management Plan for the Gilroy Sewer System in
Accordance with State Water Resources Control Board Order No. 2006-
0003-DWQ
I. Authorization to the City Administrator to Issue One-time Personal Leave
Hours in Fiscal Year 2019-2020 for Certain City Employee Groups Due to
the Garlic Incident
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J. Council Consent to the Appointment of Scott Golden as Information
Technology Director Pursuant to Charter Section 703
K. Consideration and Direction to Gilroy's Voting Delegate to Support the
2019 League of California Cities Resolutions
VII. BIDS AND PROPOSALS - NONE
Vill. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Sections of Chapter 30 of the Gilroy City Code Related to
General Plan and Zoning Relationship, Definitions, Land Use Tables and
Standards, Parking, Storage, RV Park Development, Non -Conforming Uses,
Minor Modifications and Accessory Dwelling Unit Standards (introduced
9/9/2019 with a 6-0-1 vote; Council Member Tovar voting no)
The staff report was presented by Senior Planner Tambornini.
There were no public comments.
Possible Action:
Adopt an Ordinance of the City Council of the City of Gilroy amending
sections of Chapter 30 of the Gilroy Code related to general plan and
zoning relationship, definitions, land use tables and standards, parking,
storage, RV park development, non -conforming uses, minor modifications
and accessory dwelling unit standards.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
B. Approval of an Amendment to Property Improvement Agreement No. 2015-
06 for Harvest Park Phase II - Tract 10276; APN 790-06-044
The staff report was presented by City Engineer Heap.
There were no public comments.
Possible Action:
Approve an Amendment to Property Improvement Agreement No. 2015-06
for Harvest Park Phase II - Tract 10276; APN 790-06-044.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
C. Appointment of Five Members to the Youth Commission With Terms
Ending September 30, 2021
Possible Action:
Appoint five Youth Commission members to terms ending September 30,
2021.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
X. INTRODUCTION OF NEW BUSINESS
A. Consider Modifications to the Temporary Use Permit Provisions Under City
Code Chapter 30 Article 47 of the Zoning Ordinance Entitled "Temporary
Uses"
The staff report was presented by Senior Planner Tambornini.
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Direction to staff to look at alternative 1, with additional research with options on
the amount of time not to exceed 1 year.
Possible Action:
Receive report and provide direction to staff
RESULT: APPROVE [4 TO 01
MOVER: Peter Leroe-Munoz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Marie Blankley, Dion Bracco, Peter Leroe-Munoz, Carol
Marques
AWAY: Mayor Roland Velasco, Fred Tovar, Cat Tucker
Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority
XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF
DIRECTORS
Roll Call of the Board of Directors
A. A Resolution of the Board of Directors of the Gilroy Public Facilities
Financing Authority Establishing Regular Meetings
The staff report was presented by Finance Director Forbis.
There were no public comments.
Possible Action:
Adopt a Resolution of the Board of Directors of the Gilroy Public Facilities
Financing Authority establishing that meetings of the Gilroy Public
Financing Authority are to be held concurrently with the regular meetings
of the Gilroy City Council.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar,
Tucker
Adjourn to the Meeting of the Gilroy City Council
XII. CITY ADMINISTRATOR'S REPORTS
A. Update on Community Engagement Activities and Progress on Second
Community -Wide Poll for a Potential Future Revenue Measure
Possible Action:
Receive report.
XIII. CITY ATTORNEY'S REPORTS
XIV. CLOSED SESSION
The City Attorney advised Council that they were entering into closed session on
items 14 A and C as discussion in open session would unavoidably prejudice the
City's position in the cases.
Public comment was opened.
Jose Montes spoke on the costs he had incurred to negotiate for the paseo
describing that he would need a firm commitment before he spent any additional
monies.
Public comment was then closed.
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A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph
(1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.1 1 (8)(a);
Case Name: Alma Ramirez, an individual; H.A. and L.A., both mninord, as
successors in interest to Hector Alvarez, deceased, by and through their
guardian ad litem Alma Ramirez; vs. City of Gilroy, Adam Moon and, floes 1
through 10, inclusive; Santa Clara Co. Superior Court, Case No. 17-CV-
00625-HRL, Filed February 7, 2017
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a)
(2); Property: 7665 Crews Road, Gilroy (Van Dyke Ranch); APN 841-46-004;
Negotiators: Gabriel Gonzalez, City Administrator; Other Party to
Negotiations: Peter N. Van Dyke, Elizabeth A. Van Dyke, Kurt E. Van Dyke;
and Eric Van Dyke; Under Negotiations: Price and Terms of Payment
C. 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
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a)
(2); Property:7780 Monterey Street, Gilroy (Downtown Business
Association Office), APN 841-04-020 ; Negotiators: Gabriel Gonzalez, City
Administrator; Other Party to Negotiations: Jose Montes; Under
Negotiations: Price and Terms of Payment
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.1 42);
Employee Name/Title: Gabriel Gonzalez, City Administrator
ADJOURNMENT
The meeting adjourned at 8: 21 p.m.
W'' rk
City Council Meeting Minutes
10/7/2019