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HomeMy WebLinkAbout03/16/2020 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 MARCH 16, 2020 COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tover 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 1/9 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, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 2/9 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, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 3/9 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 PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO: shawna.freels@cityofgilroy.org, (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 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 4/9 Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa 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 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 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 5/9 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 A. 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 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Adoption of a resolution 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. VIII. PUBLIC HEARINGS A. Approval of the Proposed Draft 2040 General Plan Policy Text for Analysis in the General Plan Environmental Impact Report 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: Read the ordinance by title only and waive further reading. 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. Adopt a Resolution 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. B. 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 intoThree 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 Farrel Avenue, APN 790-07- 007,Applicant Michael Kuang (Z 19-03) (TM 19-01) 1. Staff Report: Karen Garner, Community Development Director 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 6/9 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Read the ordinance by title only and waive further reading. 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. Adopt a Resolution 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. IX. UNFINISHED BUSINESS - 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 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Adoption of a resolution 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. 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 1. Staff Report: Bryce Atkins, Interim Finance Director 2. Public Comment 3. Possible Action: Adoption of a resolution 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. C. 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 of Limited Municipal Services 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 7/9 3. Possible Action: Adoption of a resolution 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. D. 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) 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Adoption of a resolution 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. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS 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 B. 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 Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: City of Gilroy and the Gilroy Fire Fighters Local 2805 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 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, Interim City Administrator, LeeAnn McPhillips, HR Director; Other Party to Negotiations: Tom Cline, Garlic Festival Associtaion; Under Negotiation: Price and Terms 1. Public Comment on Closed Session Items 2. City Attorney’s Advice Re: Entering into Closed Session 11/6/24, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 8/9 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, 10:02 AM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1513 9/9