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20201116 Regular Meeting Minutes1 I. OPENING A. Call to Order V. Citv of Gilrov Citv Council Meeting Minutes November 16, 2020 The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Leroe-Munoz. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on November 12, 2020 at 9:30 a.m. Attendee Name Roland Velasco Marie Blankley Dion Bracco Peter Leroe-Munoz Carol Marques Fred Tovar Cat Tucker Orders of the Day Title Mayor Council Member Council Member Council Member Council Member Council Member Council Member Status Arrived Remote Remote Remote Remote Remote Remote Remote Mayor Velasco explained the Council participation remotely under the Governor's Order and explained the process of public comment. He then announced that channel 17 was down. CEREMONIAL ITEMS Proclamations, Awards, and Presentations There were none. PRESENTATIONS TO THE COUNCIL Presentation by Santa Clara County First 5 The presentation was given by Charmayne Moran of Santa Clara County First 5. REPORTS OF COUNCIL MEMBERS Council Member Blankley spoke on the VTA policy advisory proposed bus service cuts that were delayed, and 10 year outlook for Measure B road repair funds that were being deferred. Council Member Marques spoke on the Gilroy Garden 'shop local' contest program and detailed the homeless task force initiatives. Council Member Leroe-Munoz spoke on the successful 1st street ribbon cutting and illegal garbage dumping. Mayor Velasco congratulated the City Council for the work in resolving the First Street road repair problem and detailed the County Officials meeting on Saturday, describing the COVID 19 spikes and new restrictions in the Bay Area and work on distributing a future vaccine. He then spoke on the Arbor Day event the prior Thursday. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques asked for to agendize a Downtown Business Association study session. City Council Meeting Minutes 11/16/2020 2 Council Member Blankley asked to agendize the smoking pollution control ordinance in parks, to limit smoking in all city parks. The full Council agreed to agendize the items. VI. CONSENT CALENDAR (ROLL CALL VOTE) There were no public comments. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker A. Minutes of the November 2, 2020 Regular Meeting B. Approval of a Notice of Acceptance of Completion for the Spalling Concrete Repair Project No. 20-PW-255 and Approval of a Final Contract With EF&S, Inc. in the Amount of $379,272 C. Approval of a Notice of Acceptance of Completion for the 2020 Annual Sidewalk Gap Closure and Curb Ramp Improvements Project No. 20-PW- 256 and Approval of a Final Contract with McKim Corporation in the Amount of $251,316.54 D. Approval of a Notice of Acceptance of Completion for the Bridge Preventative Maintenance Program Project No. 18-PW-246, Federal Project No. BPMP-5034(026) and Approval of a Final Contract with American Civil Constructor West Coast, LLC in the Amount of $171,824.00 E. Claim of Matt Mendoza (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 Three Year Contract to Chrisp Company in the Amount $170,000 Annually for a Total of $510,000 for On -Call Striping and Pavement Marking Maintenance Services The item was presented by City Engineer Heap. There were no public comments. Possible Action: Award a three year contract to Chrisp Company in the amount of $170,000 annually for a total of $510,000 for on -call striping and pavement marking maintenance services, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Fred Tovar SECONDER: Dion Bracco, Cat Tucker AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker B. Award of a Contract in the Amount of $250,000 to Ghirardelli Associates, Inc. for Inspection and Labor Compliance Services for the Citywide Pavement Maintenance Project No. 21-RFP-PW-452 The staff report was presented by City Engineer Heap. There were no public comments. City Council Meeting Minutes 11 /16/2020 3 Possible Action: Award a contract in the amount of $250,000 to Ghirardelli Associates, Inc. for inspection and labor compliance services for the citywide pavement maintenance project, No. 21-RFP-PW-452, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Cat Tucker SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS -NONE There were none. IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic The staff report was presented by City Administrator Forbis and further presented by Programs Manager De Leon. Public comment was opened. Possible Action: Receive report. X. INTRODUCTION OF NEW BUSINESS A. Approval of the Capital Improvement Program for Fiscal Year 2020-2021 Through Fiscal Year 2024-2025 and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget and Appropriating Proposed Expenditure Amendments for the Capital Improvement Program The staff report was presented by City Engineer Heap. Public comment was opened. Gary Walton of the Downtown Association spoke on plans for Gourmet Alley. Public comment was closed. Possible Action: a) Approve the capital improvement program for fiscal years 2020-2021 through 2024-2025. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution 2020-75 of the City Council of the City of Gilroy amending the budget for the City of Gilroy for fiscal year 2020-2021 and appropriating proposed expenditure amendments for the capital improvement program fiscal years 2020-2021 through 2024-2025. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 11 /16/2020 C! B. Update on the Pavement Maintenance Equipment for the In -House Local Streets Repair Program The staff report was presented by City Engineer Heap. There were no public comments. Possible Action: Receive report. C. Approval of the Downtown Improvement Incentive Program for Fiscal Year 2020-2021 and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget and Appropriating $100,000 in Expenditure Amendments for Two Downtown Improvement Incentive Programs The staff report was presented by Senior Management Analyst Barber. Public comment was opened. Gary Walton of the Downtown Business Association spoke on the success of previous programs parklet design and CDBG funding for businesses and gourmet alley plans. Rob Benn of the auto dealerships suggesting a sales tax rebate program for new dealerships that other cities provide. Public comment was closed. Possible Action: a) Approve the downtown improvement incentive program for fiscal year 2020-2021 and provide direction to staff on possible future economic incentive programs. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution 2020-76of the City Council of the City of Gilroy amending the budget for the City of Gilroy for fiscal year 2020-2021 and appropriating proposed expenditure amendments for the downtown improvement incentive program. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker D. Consideration of a City Office Shutdown from December 24, 2020 to January 3, 2021 The staff report was presented by Human Resources Director McPhillips. There were no public comments. Possible Action: Approve a city office shutdown from December 24, 2020 to January 3, 2021. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 11 /16/2020 5 E. Approval of Amendments to the Fiscal Year 2020-2021 General Fund Budget Based on the Adopted Financial Recovery Plan and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget for the City of Gilroy The staff report was presented by City Administrator Forbis. Possible Action: a) Approve General Fund amendments to the Fiscal Year 2020-2021 budget based on the financial recovery plan of June 1, 2020. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2020-2021 budget for the City of Gilroy. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report provided. XII. CITY ATTORNEY'S REPORTS There was no report provided. XIII. CLOSED SESSION A. 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 litem, Catrina Molina; N.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad litem, Augustina Armendariz v. City of Gilroy, Michael 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 There were no public comments. Motion was made by Council Member Leroe-Munoz, seconded by Council Member Blankley and carried with a 7-0 vote to adjourn to closed session at 9:29 p.m. �R% � � ; � Si�i�awna Fre�ls,'MMC City Clerk City Council Meeting Minutes 11 /16/2020