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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. City Council Meeting Minutes 10/7/2019 2 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 City Council Meeting Minutes 10/7/2019 3 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. City Council Meeting Minutes 10/7/2019 rd 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. City Council Meeting Minutes 10/7/2019 5 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