20200316 Special and Regular Meeting Minutes1
A.
City of Gilroy
City Council Meeting Minutes
March 161 2020
SPECIAL MEETING -CLOSED SESSION -5:30 P.M.
CALL TO ORDER AND ROLL CALL
Mayor Velasco called the special meeting to order at 5:37 p.m.
Council Members Present: Marie Blankley, Dion Bracco, Carol Marques, Fred
Tovar, Cat Tucker, Roland Velasco
Absent: Council Member Leroe-Munoz
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT; Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2)
Name/Title: Jimmy Forbis, Interim City Administrator
There were no public comments.
Council Member Leroe-Munoz arrived at 5:48 p.m.
The special meeting adjourned at 6:04 p.m.
REGULAR MEETING -6:00 P.M.
I. OPENING
A. Call to Order
The meeting was called to order at 6:05 PM by Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Mayor Velasco.
2. Invocation
There was no invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on March
11, 2020 at 4:30 p.m., and the revised agenda had been posted on March 13,
2020 at 6:15 p.m.
Attendee Name . Title Status Arrived ---
Roland Velasco Mayor Present 5:58 PM
Marie Blankley Council Member Present 6:00 PM -
Dion Bracco Council Member Present 6:00 PM ---
Peter Leroe-Munoz Council Member Present 6:00 PM --------
Carol Marques Council Member Present 6:00 PM . ---
Fred Tovar Council Member Present 6:00 PM ---· -. ---
Cat Tucker Council Member Present 6:00 PM
B. Orders of the Day
Mayor Velasco announced that Items X A and B and XIII B and C were being
removed from the agenda, and that Item XD was being moved following the
consent calendar.
The Council agreed to the agenda changes.
C. Employee Introductions
There were none .
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
There were none.
Ill. PRESENTATIONS TO THE COUNCIL
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Janessa Villarreal of the Compassion Center spoke on her prior request to
declare a shelter crisis in Gilroy, and asked that the Council address services for
the homeless with the spread of the Coronavirus.
IV. REPORTS OF COUNCIL MEMBERS
Mayor Velasco spoke on the Arts Center closure due to the COVI D 19 virus and
explained that food and other services were being coordinated between Santa
Clara County cities and the County. He then read the County directive to shelter
in place and announced that residents could call 211 for updates.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker
A. Minutes of the March 2, 2020 Regular Meeting
B. · Proclamation Recognizing the 150th Anniversary of the City of Gilroy
C. Acceptance of the 2019 General Plan Annual Report
D. Approval of the Transfer of $997 .56 of Interest Income From the Museum
Vase Endowment Trust Fund 814 to the Gilroy Museum Fund 801
E. Claim of CSAA ASO Charles Torrecillas (The Interim City Administrator
recommends a "yes" vote under the Consent Calendar shall constitute the
denial of the claim)
F. Approval of a Letter in Support for the Expedited Dam Safety for Silicon
Valley Act (AB 3005)
G. City Council Consent to the Appointment Bryce Atkins as Interim Finance
Director
H. City Council Consent to the Appointment of Bryce Atkins as City Treasurer
I. Claim of Frontier Communications -CMR Claims Department (The Interim
City Administrator recommends a "yes" vote under the Consent Calendar
shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
Mayor Velasco asked to address Item X D.
The Council agreed to move the item
XD. A Resolution of the City Council of the City of Gilroy Ratifying and
Continuing the Emergency Proclamation of the Existence of a Local
Emergency Issued by the Director of Emergency Services Related to the
Novel Coronavirus (COVID-19)
Interim City Administrator Forbis introduced the item.
Division Chief Wyatt provided an update on the COVID 19 emergency.
Public comment was opened .
Jan Berstein Chargin requested assistance for the homeless during the shelter in
place order.
Public comment was then closed.
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A.
Possible Action:
Adoption of a Resolution 2020-17 of the City Council of the City of Gilroy
ratifying the proclamation of the existence of a local emergency issued by
the Director of Emergency Services.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Peter Leroe-Mufioz, Council Member
Fred Tovar, Council Member
Ve lasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar,
Tucker
Award of a Contract to EF&S Concrete, Inc. in the Amount of $344,792 with
a Contingency of $34,480 for the Construction of the FY20 Spalling
Concrete Repair Project, Project No. 20-PW-255
The staff report was presented by Public Works Director Awoke.
There were no public comments .
Possible Action:
Award a contract to EF&S Concrete, Inc. in the amount of $344,792 with an
additional project contingency of $34,480 (10%) for the construction of the
FY20 Spalling Concrete Repair Project, Project No. 20-PW-255, and
authorize the Interim City Administrator to execute the contract and
associated documents.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Cat Tucker, Council Member
Marie Blankley, Council Member
Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar,
Tucker
VIII. PUBLIC HEARINGS
A. Approval of the Proposed Draft 2040 General Plan Policy Text for Analysis
in the General Plan Environmental Impact Report
The staff report was presented by Senior Planner Ketchum.
The public hearing was opened; there being no comments, it was then closed.
Possible Action:
Adopt resolution 2020-14 of the City Council of the City of Gilroy approving
the Gilroy 2040 General Plan policy text as revised for the purposes of
defining the "project" to be evaluated in the draft environmental impact
report.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Cat Tucker, Council Member
Peter Leroe-Mufioz, Council Member
Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar,
Tucker
Possible Action:
Direct staff to include analysis of the potential impacts of multiple property
owners on the feasibility of preparation and implementation of future
Neighborhood District specific plans, to be included in any future revision
to the Neighborhood District General Plan designation or the
Neighborhood District City Council Policy, and to evaluate the policy if and
when the Urban Service Amendment application is approved by LAFCO.
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8.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Cat Tucker, Council Member
Fred Tovar, Council Member
Velasco, Blankley, Bracco, Leroe-Murioz, Marques, Tovar,
Tucker
Consideration of a Zoning Amendment to Remove a Planned Unit
Development Overlay From a Single-Family Residential (R-1) Zoned and
Developed Parcel and Approval to Subdivide the 43,592 Square Foot Parcel
into Three Vacant Residential Lots With the Remainder of the Property for
the Existing Single-family Residence, and a 7,801 Square Foot Right of Way
Dedication at a Property Located at 95 Farrell Avenue, APN 790-07-007,
Applicant Michael Kuang (Z 19-03) (TM 19-01)
The staff report was presented by Community Development Director Garner.
There were no ex-parte communications.
The public hearing was opened; there being no comments it was then closed .
Possible Action:
Read the ordinance by title only and waive further reading.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Dion Bracco, Council Member
Peter Leroe-Murioz, Council Member
Velasco, Blankley, Bracco, Leroe-Murioz, Marques, Tovar,
Tucker
City Clerk Freels read the ordinance title.
Possible Action:
Introduce an ordinance of the City Council of the City of Gilroy approving
zone change application Z 19-03 to remove a Planned Unit Development
overlay district designation from a single-family residential (R-1) zoned
parcel.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Marie Blankley, Council Member
Peter Leroe-Murioz, Council Member
Velasco, Blankley, Bracco, Leroe-Murioz, Marques, Tovar,
Tucker
Possible Action:
Adopt a Resolution 2020-15 of the City Council of the City of Gilroy
approving tentative map application TM 19-01 to create three new vacant
residential lots and one remainder parcel containing an existing single
family residence.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Peter Leroe-Murioz, Council Member
Dion Bracco, Council Member
Velasco, Blankley, Bracco, Leroe-Murioz, Marques, Tovar,
Tucker
IX. UNFINISHED BUSINESS
There was none.
X. INTRODUCTION OF NEW BUSINESS
A. Acceptance of the Fiscal Year 2019 Federal Single Audit for the City for the
Reporting Period of July 1, 2018 to June 30, 2019
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The item was not heard.
B. Fiscal Year 2019-2020 Mid-Year Budget Update and Approval of Increasing
Revenue and Appropriations by $423,352 in the Measure B Fund 216,
Community Development Block Grant Fund 254 and Housing Trust Fund
259
C.
The item was not heard.
Approval of an Extension of Water and Sewer Utility Service to the
Christopher Ranch Located at 935 Southside Drive (Former Rodriguez
Ranch Site) and Approval of an Agreement Between the City and
Christopher Ranch, LLC. for the Provision o f Limited Municipal Services
The staff report was presented by Public Works Director Awoke.
Public comment was opened.
Bart Hechtman of Christopher Ranch spoke on the needs of Christopher Ranch
for the limited municipal services.
Public comment was then closed.
Possible Action:
a) Adopt Resolution 2020-16 of the City Council of the City of Gilroy
approving a water and sewer utility service extension to the Christopher
Ranch site located at 935 Southside Drive.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Peter Leroe-Mufioz, Council Member
Marie Blankley, Council Member
Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar,
Tucker
b) Approve an agreement between the City of Gilroy and Christopher Ranch,
LLC. for the provision of limited municipal services to a project supporting
agricultural industries.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVE [UNANIMOUS]
Peter Leroe-Mufioz, Council Member
Carol Marques, Council Member
Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar,
Tucker
XI. CITY ADMINISTRATOR'S REPORTS
Interim City Administrator Forbis explained that delaying the approval of the Measure B
appropriation resolution would not have an adverse effect or delay anything.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Pursuant to
Paragraph (1) of Subdivision (d) of GC 54956.9 and GCC Section 17A.11(3)(a);
Name of Case: Alvarez v. City of Gilroy, et al.; Court: United States District Court
for the Northern District of California; Case 19-cv-02554-EJD, Filed May 13, 2019
8. CONFERENCE WITH NEGOTIATOR -COLLECTIVE BARGAINING UNIT
Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective
Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City
Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips, HR
Director, Charles Sakai, Labor Counsel; Anticipated lssues(s) Under Negotiation:
Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding:
City of Gilroy and the Gilroy Fire Fighters Local 2805
The item was not heard.
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C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Section 54956.8 and GCC Section 17A.8 (a) (2) Property: 3050 Hecker Pass
Highway, APN 's 783-05-011; 783-05-012; 783-05-013;810-17-014;015; 021; 024;
025; 026; 029; 810-18-002; 010; 011 ;801-19 -005;007; 010; 011; 014 (Gilroy Gardens
Property); Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn
McPhillips, HR Director; Other Party to Negotiations: Greg Edgar; Under
Negotiation: Lease Price and Terms
The item was not heard.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Section 54956.8 and GCC Section 17A.8 (a) (2) Property: APN's 808-18-022, 799 30
001 (Christmas Hill Park); Negotiators: Jimmy Forbis, Inte rim City Administrator,
LeeAnn McPhillips, HR Director; Other Party to Negotiations: Tom Cline, Garlic
Festival Association; Under Negotiation: Price and Terms
There were no public comments.
City Attorney Faber explained that the Council was adjourning to closed session on item
XIII.A as discussion of the item in open session would unavoidably prejudice the City's
position in the case.
M otion to enter Closed Session:
Motion was made by Council Member Tovar, seconded by Council Member Tucker and
carried unanimously to enter closed session on items A and D.
ADJOURNMENT
The Council adjourned to closed session at 7:32 ~ ~
v awna Fre ~j;, MMC
City Clerk
City Council Meeting Minutes
03/16/2020