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Minutes 2019/11/181 Citv of Gilrov Citv Council Meetinq Minutes November 18, 2019 I. OPENING IF1 I_0 C. A. 0 Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco. 1. Pledge of Allegiance The pledge was led by Council Member Marques. 2. Invocation The invocation was given by Bill Hawkins of New Hope Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels reported that the agenda had been posted on November 13, 2019 at 3:15 p.m. Attendee Name Roland Velasco Marie Blankley Dion Bracco Peter Leroe-Munoz Carol Marques Fred Tovar Cat Tucker IV. Title Status Arrived Mayor Present 5:56 PM Council Member Present 5:54 PM Council Member Present 6:05 PM Council Member Present 6:13 PM Council Member Present 5:51 PM Council Member Absent Council Member Present 5:42 PM Orders of the Day Mayor Velasco suggested moving Item XA up the agenda following the consent calendar. The Council agreed to move the item. Employee Introductions Public Works Director Awoke introduced newly hired Engineer Sara Soto, Maintenance Workers in the Operations Division Frank Medina, Alex Morales, Tyler Hanson and Scott Povio. Interim Community Development Director Larson introduced newly hired Building Inspectors Thomas Smith and Aaron Acomb. Council Member Leroe-Munoz arrived at 6:13 p.m. CEREMONIAL ITEMS Proclamations, Awards, and Presentations 1. Certificate to Gilroy Elk's Lodge in Appreciation of Ongoing Financial Contributions to Support Gilroy Recreation Programs Mayor Velasco presented the certificate to the Elks members. PRESENTATIONS TO THE COUNCIL John Taft of the Downtown Association announced the annual Christmas parade, spoke on Gourmet Alley, detailed building issues in the downtown and concluded by describing work on Opportunity Zones by the Association. Open Government Commission Annual Presentation to Council The presentation was given by Vice Chair Bentz. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported on the recent Visit Gilroy meeting. Council Member Blankley reported on the vacancy of the EDC Director, and that she met with Supervisor Wasserman regarding SB 330 and VTA's focus on high City Council Meeting Minutes 11 /18/2019 2 density transit -oriented housing and preservation of express bus service to Gilroy. Council Member Marques spoke on the Downtown Association "shop small" event and successful downtown beer crawl and Dia De Los Muertos events. Member Velasco thanked the community for their support during the Veterans Day events and reported that he had met with the Gilroy Chamber and Visit Gilroy CEO's and had attended a meeting with Assembly Member Rivas and the Water District. He concluded by announcing the open recruitment for City Boards and Commissions. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar A. Minutes of the November 4, 2019 Regular Meeting B. Fiscal Year 2020 1st Quarter Budget Update C. Adoption of Ordinance 2019-09 Amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code and Adopting the Following Codes: 2019 California Building Code (VOL 1 and 2), 2019 California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Energy Code, 2019 California Historical Building Code, 2019 California Existing Building Code with Appendices Al, A2, A3, A4, and A5 of the 2018 International Existing Building Code, 2019 California Green Building Standards Code, and 2018 International Property Maintenance Code with Appendix A (introduced 11/412019 with a 7-0 vote) D. Adoption of Ordinance 2019-10 of the City Council of the City of Gilroy Adopting the 2018 International Fire Code and the 2019 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments (introduced 11/4/2019 with a 7-0 vote) E. Adoption of Ordinance 2019-11 of the City Council of the City of Gilroy Amending Gilroy City Code Section 10 A "Fireworks" Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f) (introduced 11/4/2019 with a 7-0 vote) F. Adoption of an Ordinance 2019-12 of the City Council of the City of Gilroy Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code to Comply with the Requirements of Senate Bill 998 and Review of Proposed Policy for the Discontinuation of Residential Water Service for Nonpayment (introduced 11/4/2019 with a 7-0 vote) G. Adoption of Resolution 2019-75 of the City Council of the City of Gilroy Acknowledging Receipt of a Report Made by the Fire Chief of the Gilroy Fire Department Regarding the Inspection of Certain Occupancies Requiring Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code VII. BIDS AND PROPOSALS There were none. Vill. PUBLIC HEARINGS A. Adoption of the 2040 General Plan Preferred Land Use Alternative for Analysis in the General Plan Environmental Impact Report The staff report was presented by Senior Planner Ketchum. The public hearing was opened. City Council Meeting Minutes 11 /18/2019 3 Carolyn Tognetti shared her support of the General Plan Advisory Committee recommendation, explaining that it was very close to the vision the public had recommended. Bill O'Connor spoke on the need for jobs and shared his support of the General Plan Advisory Committee recommendation stating that the area identified for employment zoning was much needed. Connie Rogers shared the support of Gilroy Growing Smarter of the General Plan Advisory Committee recommendation. Martha Schauss spoke on the issue of population growth stating that the community was growing too fast, suggesting that the lower density options be selected. The public hearing was then closed. Possible Action: Adopt a Resolution 2019-76 of the City Council of the City of Gilroy approving the General Plan preferred land use alternative for analysis in the General Plan environmental impact report. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar IX. UNFINISHED BUSINESS A. Consideration of a Proposal to Join the Santa Clara County Planning Collaborative, as Recommended by the Cities Association of Santa Clara County, to Potentially Share Resources and Transfer Housing Allocations Among Participating Jurisdictions The staff report was presented by Senior Planner Ketchum. Public comment was opened. Ron Kirkish suggested that the collaborative was a positive effort to break help with the LAFCO strangle -hold on the City. Carolyn Tognetti asked if the City would be transferring housing allocations describing her concerns with the suggestion. Public comment was then closed. Possible Action: Receive report and provide direction to staff to join the proposed Santa Clara County Planning Collaborative. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar X. INTRODUCTION OF NEW BUSINESS A. Presentation of the Community -Wide Polling Results #2 by EMC Research to Measure Resident Satisfaction of City Services The item was introduced by City Administrator Gonzalez and further presented by CliffordMoss and EMC consultants. Public comment was opened. Ron Kirkish spoke on the importance of public safety describing the need for a fourth fire station. City Council Meeting Minutes 11 /18/2019 5 Public comment was then closed. Possible Action: Receive report and provide direction to staff to not move forward with the measure. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar B. Report on the General Fund Unassigned Fund Balance The staff report was introduced by City Administrator Gonzalez and was further presented by Finance Manager Guerrero. Public comment was opened. Connie Rogers suggested that the Council prioritize the10th Street bridge and Glen Loma fire station with the unassigned fund balance. Bill O'Connor asked if there were other funds with unassigned fund balances other than the general fund. Public comment was then closed. Possible Action: Receive report and provide direction to staff to allocate $2.9 million for the future fire station, $1.8 million to the IRS Section115 Trust, $1.2 million for a downtown parking lot, and $1.8 million for a future land acquisition for City facilities. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar C. A Resolution Establishing an IRS Section 115 Trust Fund, Designation of a Plan Administrator, Approval of an Agreement with the Public Agency Retirement Services (PARS) and Adoption of a Resolution to Amend the Fiscal Year 2020 Budget by $2,000,000 to Fund the Trust The staff report was presented by Finance Director Forbis. There were no public comments. Possible Action: a) Adopt Resolution 2019-77 of the City Council of the City of Gilroy approving the adoption of the PARS public agencies post -employment benefits trust administered by Public Agency Retirement Services (PARS), and authorizing the City Administrator or his/her designee as the City's plan administrator for the trust program. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar City Council Meeting Minutes 11 /18/2019 Possible Action: a) Approve an agreement for administrative services between PARS and the City of Gilroy to administer the trust, and authorize the City Administrator or their designee to execute the agreement. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar Possible Action: a) Adopt Resolution 2019-78 of the City Council of the City of Gilroy amending the Fiscal Year 2020 (FY20) adopted budget by approving a transfer of $1.8 million from the City's General Fund unassigned fund balance, $100,000 from the Water fund (fund 720) balance and $100,000 from the Sewer fund (fund 700) balance, into the Fringe Benefits fund (fund 699), and increase appropriation in the Fringe Benefits fund by $2,000,000. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar Direction was given to look at all items and return with some analysis on an ongoing trust funding financial policy for Council to consider. D. Approval of the Gilroy Neighborhood Traffic Management Program to Support Citywide Traffic Calming The staff report was introduced by Public Works Director Awoke and presented by Traffic Engineer Heap. There were no public comments. Possible Action: Approve the City's neighborhood traffic management program. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tucker ABSENT: Fred Tovar XI. CITY ADMINISTRATOR'S REPORTS A. Update on the Development Services Center Project The item was introduced by City Administrator Gonzalez and was further presented by Public Works Director Awoke. There were no public comments. City Administrator Gonzalez spoke on a request from the Gilroy Gardens Board to hold a joint meeting. He then stated that the December 2, 2019 meeting agenda would be very heavy and suggested alternative meeting dates in December. The Council agreed to spread the items between the December 2nd and 9th meetings, as needed. XII. CITY ATTORNEYS REPORTS There was none. City Council Meeting Minutes 11 /18/2019 Cel XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and City Code Section 17A.8 (a) (2) Property: 5925 Monterey Frontage Road, APN 808-21-026 (Gilroy Sports Park); Negotiators: Gabriel Gonzalez, City Administrator. Other Party to Negotiations: Jon Gustofson, VP Sharks Sports & Entertainment, LLC; Negotiating Price and Terms 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 There were no public comments. ADJOURNMENT The meeting adjourned at 10:23 p.m. / % 1 Shawna Freels, MMC City Clerk City Council Meeting Minutes 11 /18/2019