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20200203 Regular Meeting Minutes1 City of Gilroy City Council Meeting Minutes February 3, 2020 I. OPENING A. Call to Order B. C. The meeting was called to order at 6 :01 PM by Mayor Roland Velasco 1. Pledge of Allegiance Council Member Blankley led the pledge of allegiance. 2; Invocation Pastor Malcolm MacPhail of New Hope Community Church led the invocation. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta reported that the agenda was posted on Wednesday , January 29, 2020 at 6:00 p.m. Attendee Name I Title Status Arrived --r Present Roland Velasco Mayor 5:45 PM - Marie Blankley Council Member Present 5:54 PM - Dion Bracco Council Member 1 Present 6:01 PM - Peter Leroe-Munoz , Council Member Present 6:01 PM ---- Carol Marques Council Member Present 5:56 PM - Fred Tovar Council Member Present 5 :51 PM - Cat Tucker Council Member Present 5:56 PM Orders of the Day Employee Introductions Police Chief Smithee introduced recently promoted Police Captain Jason Smith. Public Works Director Awoke introduced Maintenance Workers Matthew Hernandez and Christopher Macias . II. CEREMONIAL ITEMS A. Proclamations , Awards, and Presentations Ill. PRESENTATIONS TO THE COUNCIL Ray lvicevich asked the Council for guidance regarding the Gilroy Master Plan for the Bike Park and where it can be found and questioned if the City was involved with Kaiser in the bidding process to buy out the hospital in Gilroy. He felt that the presence of Kaiser would be a boon to the community. John Taft updated the Council on progress for Unreinforced Masonry buildings in Downtown, work on the design elements of Gourmet Alley , and started leasing activity in the Gourmet Alley area. He conveyed feedback on parking issues. Gary Walton reported on the Gilroy Downtown Business Association retreat and annual report progress. A. Census Bureau Presentation on Census 2020 Census Bureau representative Ray Mueller, Community Ambassador, presented the report. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Tucke r thanked the General Plan Advisory Committee for their time committed to updating the General Plan, and noted that the City postponed work on Master Plans un t il the General Plan update had been completed. Council Member Marques thanked Interim Fire Chief Bisbee for h is work getting the Creamery cleaned up. She reported that she had the opportunity to tour the new Cinelux movie theatre. City Council Meeting Minutes 02/3/2020 2 Council Member Tovar indicated he would attend the South County Regional Wastewater Authority (SCRWA) meeting on Wednesday as well as the Clean Energy Board, and he thanked the Chamber of Commerce for their work on the Spice of Life event. Council Member Leroe-Munoz noted that he would be attending Association of Bay Area Governments convening on Friday morning. Mayor Velasco reported on a conference call with the new representative of the Arts Center, and that they discussed using the parking lot for the community when Arts Center events were not occurring. · V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker A. Minutes of the January 21, 2020 Special Meeting B. Claim of Colin Humber (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS A. Award of a Five Year Contract in the Amount of $2,116,257 to Tyler Technologies, Inc. for the Purchase and Implementation of Enterprise Resource Planning Software and Five Years of Annual Maintenance and License Fees Finance Director Forbis presented the report. Possible Action: a) Award a five year contract to Tyler Technologies, Inc. in the total amount of $2,116,257 for the purchase of Enterprise Resource and Planning software and implementation at a cost of $1,010,117, and five years of annual maintenance and license fees at a cost of $221,228 annually, totaling $1,106,140 for the five-year term. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Cat Tucker, Council Member Carol Marques, Council Member Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Award of a Five Year Contract in the Amount of $2,116,257 to Tyler Technologies, Inc. for the Purchase and Implementation of Enterprise Resource Planning Software and Five Years of Annual Maintenance and License Fees Possible Action: b) Authorize the City Administrator to make minor edits and adjustments to contract language (not including term and cost), and execute the agreement and associated documents. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Cat Tucker, Council Member Fred Tovar, Council Member Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker B. Award of a Seven Year Contract in the Amount of $1,609,603 to Tyler Technologies Inc. for the Purchase and Implementation of a Land Management System Including Annual Maintenance and License Fees Assistant Director of Community Development O'Strander presented the report. Bill O'Connor questioned if a number listed on the agenda and in a table in the report were transposed. City Council Meeting Minutes 02/3/2020 - - - 3 Ron Kirkish opined on cybersecurity issues. Possible Action: a) Award a seven year contract to Tyler Technologies Inc. in the amount of $1,609,603 for the purchase and implementation of a new land management system supporting development and inspection services, with a first year implementation cost of $584,479 and six years of annual maintenance and license fees in the amount of $170,854. b) Authorize the City Administrator to make minor edits and adjustments to the contract language (not including term and cost), and execute the agreement and associated documents. RESULT: MOVER: SECONDER: APPROVE [UNANIMOUS] Cat Tucker, Council Member Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS -NONE IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled "Offenses - Miscellaneous" Adding New Sections 16.24 and 16.25 Pertaining to Imitation Weapons (introduced 1/27/2020 with a 6-0-1 vote, Council Member Blankley absent) Police Chief Smithee presented the report. Possible Action: Adopt an ordinance of the City Council of the City of Gilroy amending Chapter 16 of the Gilroy City Code entitled "Offenses -Miscellaneous" adding new sections 16.24 and 16.25 pertaining to imitation weapons. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: -Carol Marques, Council Membe r AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Acceptance of the Fiscal Year 2019 Audit and Comprehensive Annual Financial Report and Appropriations Limit for the Reporting Period of July 1, 2018 to June 30, 2019 Finance Manager Guerrero presented the report. Bill O'Connor complimented the City for the budget savings, but questioned why that happened. Possible Action: Accept the report. RESULT: APPROVE [UNANIMOUS] MOVER: . Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker B. Amendment to the Fiscal Year 2019-2020 Budget in the Amount of $86,121 for Construction Management Services for the Bridge Deck Rehabilitation Project; No. 19-RFP-PW-421, Federal Project No. BPMP-5034(026) Public Works Director Awoke introduced the item. Senior Engineer Mahdavi presented the report. Ray lvecivich questioned why there was only one bid response. City Council Meeting Minutes 02/3/2020 4 C. Possible Action: Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2019-2020 budget for the Transportation Grants Fund 224 increasing appropriations in the amount of $86,121. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Peter Leroe-Mufioz, Council Member Carol Marques , Council Member Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker Establishment of Two Separate City Council Ad Hoc Committees 1) Economic Development Ad Hoc Committee Related to Discussions with Sharks Sports & Entertainment LLC and 2) Budget Ad Hoc Committee to Identify Funding to Staff the Proposed Glen Loma Fire Station City Administrator Gonzalez presented the report. Economic Development Ad Hoc Committee -San Jose Sharks -Enable Council Members to participate in an official capacity in preliminary negotiations with the Sharks Sports & Entertainment LLC. -Purpose to work with the Sharks Sports & Entertainment, LLC in composing a draft memorandum of understanding (MOU) including possible details on an operating and management agreement in the event the City partners with the Sharks Sports & Entertainment LLC on the development and operations of an indoor recreational facility in Gilroy. -Term through June 2020 allowing for additional follow up by the committee such as community engagement after the term ends Budget Ad Hoc Committee -Glen Loma Fire Station -Term through June 2020, but may be extended -Purpose is to: o Identify funding for the Alternative Service Model beyond the pilot program expiration o Identify funding for staffing the station. The Council approved the following Ad Hoc Committee membership: -Economic Development Ad Hoc Committee -San Jose Sharks o Bracco, Tovar, Marques -Budget Ad Hoc Committee -Glen Loma Fire Station o Tucker, Blankley, Velasco Possible Action: Establish the two separate ad hoc committees, and appoint Council Members to serve on the Economic Development Ad Hoc Committee - Sharks Sports & Entertainment, and on the Budget Ad Hoc Committee - Glen Loma Fire Station Proposed Staffing. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Peter Leroe-Mufioz, Council Member Fred Tovar, Council Member Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report. X II . CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION The City Attorney advised Council that they were entering into closed session on items 13 A, B , C and D as discussion in open session would unavoidably prejudice the City's position in the cases. 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 City Council Meeting Minutes 02/3/2020 - ... -- 5 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 LEGAL COUNSEL-EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Jesus Martinez v. City of Gilroy, Robert Zuniga, Diana Barrett, Lamonte Toney, and Does 1 -10 (in their official and/or individual capacities), United States Northern Distri ct Court San Jose Branch, Case No. C19-02358 LHK, Filed May 1, 2019 C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and GCC Section 17A.11(3)(a); Case: Martha Silos, an individual; Steven Juarez, Jr., an individual and as successor in interest to Steven Juarez, deceased; Andrew Juarez, an individual and as successor in interest to Steven Juarez, deceased; Catrina Molina, an individual and as successor in interest to Steven Juarez, deceased; C.J., a minor, as successor in interest to Steven Juarez, by and through his guardian ad litem Catrina Molina; S.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad !item, Catrina Molina; N.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad !item, Augustina Armendariz v. City of Gilroy, Mlchael McMahon individually and as an officer of the Gilroy Police Department, David Ludden, individually and as an officer of the Gilroy Police Department, Chris Silva individually and an officer of the Gilroy Police Department, Jason Greathead individually and an officer of the Gilroy Police Department,Martin Beltran individually and an officer of the Gilroy Police Department,Diana Barrett individually and an officer of the Gilroy Police Department, Kenneth Ellsworth individually and an officer of the Gilroy Police Department, and does1-10, inclusive, United States Northern District Court-San Jose Branch, Case No. C19- 01283 EJD,filed March 9, 2019 D. 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 E. 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; Dan Nelson and Frank Saseli of Green Age Development; Under Negotiations: Price and Terms of Payment ADJOURNMENT The meeting adjourned at 7:49 p.m . a, CMC I l Dep\uty City Clerk City Council Meeting Minutes 02/3/2020