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20200406 Regular Meeting Minutes1 I. OPENING A. Call to Order City of Gilroy City Council Meeting Minutes April 6, 2020 The meeting was called to order at 6:00 PM by Mayor Velasco. 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 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 April 1, 2020 at 5:30 p.m. 4. ROLL CALL Attendee Name Roland Velasco Marie Blankley Dion Bracco Peter Leroe-Munoz Carol Marque._s Fred Tovar Cat Tucker B. Orders of the Day Title Mayor Council Member Council Member Council Member --- · Council Member ---·--· Council Member Council Member Status -- Remote Remote Remote Remote Remote Remote Remote Arrived -·--- 6:00 PM --- 6:00 PM --- 6:00 PM 6:00 PM - 6:00 PM -__ , 6:00 PM --· ·-·--- 6:00 PM Mayor Velasco announced that the meeting was being conducted virtually pursuant to the Governor's Executive Order Number N-29-20 in order to minimize the spread of COVID 19, and the meeting was being live streamed from the city website and viewable on Cable Channel 17. He then offered instructions for submitting public comment throughout the meeting. C. Employee Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. Ill. PRESENTATIONS TO THE COUNCIL A public comment was submitted by John Taft who announced the Downtown Business Association gift card program to support downtown merchants. Public comment was then closed. IV. REPORTS OF COUNCIL MEMBERS There were none . V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco requested that the Gilroy Gardens lease agreement return to the Council to address providing the Park with economic certainty. The Council agreed to agendize the item in closed session. City Council Meeting Minutes 04/6/2020 - -- - 2 VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker A. Certificate of Commendation for Eagle Scout Benjamin Summers B. Minutes of the March 16, 2020 Regular Meeting C. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2016-01, Hecker Pass Heartland Estates Phase11Tract10315 D. Approval of On-Call Consultants List for Engineering and Design Support Services, Project No. 20-RFQ-PW-329 E. Rescheduling of the Public Hearing Regarding the Annual Weed Abatement Program Setting the Hearing Date as May 4, 2020 F. Adoption of 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 at a Property Located at 95 Farrel Avenue, APN 790-07- 007, Applicant Michael Kuang (Z 19-03) (Introduced 3/16/2020 with a 7-0 vote) G. Claim of Esau Jimenez (The Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. Claim of Karina Cruz on behalf of James Evan Cruz Coronado (The Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) I. Claim of Stacy Flores (The Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Prohibiting Evictions for the Nonpayment of Rent for Tenants Impacted by the COVID-19 Emergency and Setting Forth the Facts Constituting the Need for Such Relief (Introduced 3/24/2020 with a 4-3 vote; Council Members Blankley, Bracco and Velasco voting no) The item was introduced by Interim City Administrator Forbis and further presented by City Attorney Faber. Public comment was opened. Comment submitted by Chris Vanni spoke in opposition to the adoption of the ordinance as written, suggesting that the landlord also be protected. Comment submitted by Bernard , Bagley and Bonaccorsi, representatives of Mike Greenway and Leonard Harrington of Gilroy Automall car dealerships, suggested that a monitory cap be included in the ordinance for commercial tenants. John Taft submitted a comment in opposition to the adoption of the ordinance as the county ordinance was sufficient. Rebeca Armendariz spoke in support of the adoption of the ordinance to assist those in need. Public comment was then closed . City Council Meeting Minutes 04/6/2020 3 Motion: Not adopt an Ord inance of the City Council of the City of Gilroy prohibiting evictions for the nonpayment of rent for tenants impacted by the COVID-19 emergency and setting forth the facts constituting the need for such relief. RESULT: MOVER: SECONDER: AYES: NAYS: APPROVE [4 TO 3] Marie Blankley, Council Member Dion Bracco, Council Member Ro land Velasco, Marie Blankley, Dion Bracco, Carol Marques Peter Leroe-Munoz, Fred Tovar, Cat Tucker B. Consideration of Financial Support for Local Community Programs During the COVID-19 Pandemic The staff report was presented by Interim City Administrator Forbis. Public comment was opened . John Taft and Gary Walton commented that direct business assistance should be provided as it was in other cities, and suggested that small business receive grants rather than loans. Jan Bernstein-Chargin submitted a comment in support of the funding and asked that the City support efforts to house the homeless as they were the most at risk during the COVID 19 crisis, and asked that the equipment and supplies at homeless encampments not be swept during the crisis. Diane Ortiz of the Youth Alliance provided a comment requesting $50,000 of financial support, described the programs provided through the agency, and detailed the impacts of the COVID 19 in the community. Rebeca Armendariz of CARAS commented on the organization's work with families explaining that they were out of funds for hotel vouchers and other supplies. She commented on Federal and State business loans and suggested that small businesses with fewer than 25 employees be provided with grants. Maria Cid asked why the Youth Alliance was not being considered for funding. Public comment was then closed. Possible Action: Approve financial support for the St. Joseph's Family Center, Project Sentinel, Gilroy Compassion Center, Mt. Madonna YMCA Senior Nutrition Program, and the Gilroy Chamber of CommerceNisit Gilroy in the total amount of $257,500 to provide immediate support and programs in response to the COVID-19 Pandemic; and authorize the Interim City Administrator to develop and implement adequate financial controls and reporting guidelines to ensure that funds are utilized appropriately, with the addition of up to $10,000 for the Youth Alliance. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Cat Tucker, Council Member Marie Blankley, Council Member Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds and Increasing Appropriations in the Road Maintenance and Rehabilitation Fund 215 by $2,510,621 The item was presented by Public Works Director Awoke. Public comment was opened. A comment was submitted by Zack Hilton stating that the Bicycle Pedestrian Commission should be offered an opportunity to provide recommendation on the use of the funding . City Council Meeting Minutes 04/6/2020 - - - 4 Public comment was then closed. Possible Action: Adopt Resolution 2020-19 of the City Council of the City of Gilroy amending the fiscal year 2020-2021 budget to incorporate a list of projects to be funded by SB 1: The Road Repair and Accountability Act and increase appropriations in the fund by $2,510,621 for Fiscal Year 2020-2021. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker B. Award of a Three Year Contract in the Amount of $226,100 to The Pun Group, LLP for Professional Auditing Services to Conduct the City's Annual Financial Audit and Report The staff report was presented by Finance Manager Guerrero. There were no public comments. Possible Action: Award a three-year, $266,100 contract with two 1-year extension options to The Pun Group, LLP for professional auditing services and authorize the Interim City Administrator to execute such agreement. RESULT: MOVER: SECONDER: AYES: NAYS: APPROVE [6 TO 1] Cat Tucker, Council Member Peter Leroe-Mufioz, Council Member Velasco, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker Marie Blankley C. Approval of Temporary Memorandums of Agreement with AFSCME Local 101, Gilroy Management Association, Gilroy Firefighters IAFF Local 2805 and the Gilroy Police Officers Association, and Temporary Policy Memorandums with Unrepresented Employees, in Response to the COVID- 19 Pandemic and Shelter in Place Orders The item was presented by Human Resources Director McPhillips. There were no public comments. Possible Action: Approve, and authorize the Interim City Administrator to execute the following: a) A temporary memorandum of agreement with the American Federation of State, County, and Municipal Employees (AFSCME), Local 101 regarding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders (copy attached). b) A temporary memorandum of agreement with the Gilroy Management Association regarding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders (copy attached). c) A temporary memorandum of agreement with Gilroy Firefighters IAFF, Local 2805 regarding wages, hours and working conditions in response to the COVID-19 pandemic (copy attached). d) A temporary memorandum of agreement with the Gilroy Police Officers Association regarding wages, hours and working conditions in response to the COVID-19 pandemic (copy attached). e) A temporary policy memorandum with unrepresented employees in each of the following groups in response to the COVID-19 pandemic and shelter in place orders (copies attached): City Council Meeting Minutes 04/6/2020 5 D. 1. Full-time Unrepresented Confidential Non-Exempt & Exempt Employees 2. Full-time Unrepresented Council-Appointed Employees 3. Part-Time/Temporary/Seasonal Unrepresented Hourly & Exempt Employees RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Fred Tovar, Council Member Cat Tucker, Council Member Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker Approval of an Employment Agreement for Interim City Administrator Jimmy Forbis as Recommended by Council Sub-Committee Members Marie Blankley, Dion Bracco and Mayor Roland Velasco The item was presented by Mayor Velasco. There were no public comments . Possible Action: Approve an employment agreement with Interim City Administrator Jimmy Forbis setting forth the compensation, benefits, and terms associated with his appointment, as recommended by Council sub-committee members Marie Blankley, Dion Bracco and Mayor Roland Velasco. RESULT: MOVER: SECONDER: AYES: APPROVE [UNANIMOUS] Dion Bracco, Council Member Marie Blankley, Council Member Velasco, Blankley, Bracco, Leroe-Mufioz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS Interim City Administrator Forbis spoke on the use of Zoom Meetings for the Council meeting, and explained that Board and Commissions would begin to meet using the software. He then spoke on addressing finances beginning with -- the May Council meetings. _, XII. CITY ATTORNEY'S REPORTS City Attorney Faber explained that he would be following the City of San Jose with regards to COVID 19 related items, and would report out to the Council. XIII. CLOSED SESSION There were no closed session items . ADJOURNMENT The Council adjourned at 8:27 p.m. Shawna Free City Clerk City Council Meeting Minutes 04/6/2020 ...