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Home My WebLink About01/27/2020 City Council - Regular Meeting AgendaSelect Language Powered by Translate City Council MAYOR Marie Blankley Agenda CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 CITY COUNCIL - REGULAR MEETING 6:00 PM MONDAY JANUARY 27, 2020 COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tover 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 1/7 KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor ’s discretion depending on the number of speakers and length of the agenda. Written comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN. In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 2/7 Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at cityclerk@cityofgilroy.org. Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a cityclerk@cityofgilroy.org. To access written translation during the meeting, please scan the QR Code or click this link: Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace: bit.ly/3FBiGA0 Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir Use a headset on your phone for audio or read the transcript on your device. Use sus auriculares para escuchar el audio o leer la transcripción en el disposivo. The agenda for this City Council - Regular Meeting is as follows: 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 3/7 I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations III. PRESENTATIONS TO THE COUNCIL PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council- SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co. Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA - Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency GoverningBoard (alternate), Santa 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 4/7 Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority Board, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Joint Planning Advisory Committee, South County Regional Wastewater Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. A. Minutes of the January 6, 2020 Regular Meeting B. Notice of Acceptance of Completion for the Citywide Pavement Maintenance Phase II Project No. 19-PW-252 C. Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process D. Certificates in Recognition of the 2020 Chamber of Commerce Spice of Life Awardees E. Approval of a Letter of Opposition to Senate Bill 50 (Wiener) That if Signed into Law Would Greatly Undermine Gilroy's Local General Planning Efforts by Allowing Developers to Make Local Planning and Zoning Decisions VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 5/7 A. Consideration of an Urban Service Area Request to Incorporate Approximately 55.66 Acres Located West of Wren Avenue, South of Vickery Avenue, and North and South of Tatum Avenue; and Just Outside the Northern City Limits Northeast of the Intersection of Vickery Lane and Kern Avenue, APNs 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018 into the Urban Service Area of the City of Gilroy; Applicants Wren Investors, LLC c/o Dick Oliver and Mark Hewell and David Sheedy (USA 12-01 and USA 14-02) 1. Staff Report: Karen Garner, Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a resolution of the City Council of the City of Gilroy approving the Wren Investors and Hewell Urban Service Area Amendment mitigated negative declaration and mitigation monitoring and reporting program and approving urban service area applications USA 12-01 and USA 14-02, incorporating approximately 56 acres into Gilroy’s urban service area, Assessor Parcel 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06- 018, filed by Wren Investors, LLC and Mark Hewell and David Sheedy. IX. UNFINISHED BUSINESS A. Amendment to the Fiscal Year 2019-2020 General Fund Budget by Appropriating $5.825 Million of Unassigned Fund Balance to Projects Identified by the City Council 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: Receive report. X. INTRODUCTION OF NEW BUSINESS A. Introduction 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 1. Staff Report: Scot Smithee, Police Chief 2. Public Comment 3. Possible Action: Receive report. 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 6/7 B. Request to Waive Permit and Service Fees by the Gilroy Memorial Day Events Committee and Determination that the Waiving of Fees for the 2020 Memorial Day Parade and Activities Constitutes a Public Purpose 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report. XI. CITY ADMINISTRATOR'S REPORTS A. Presentation on Pavement Management and the Pavement Condition of City of Gilroy Streets 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Receive report. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. 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 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th Street Bridge: APNs 808-19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808-21- 023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19-029 Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale, exchange or lease 1. Public Comment on Closed Session Items 2. City Attorney’s Advice Re: Entering into Closed Session 3. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) 11/6/24, 10:12 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1458 7/7