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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 OCTOBER 7, 2019
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tover
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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.
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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 disposi vo.
The agenda for this City Council - Regular Meeting is as follows:
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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
1. Presentation of Safe Routes to School Awards by Santa Clara County Public Health
2. Proclamation Naming the Month of October as Planning Month
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.)
A. Planning Commission Annual Presentation to Council
B. Opportunity Zone Presentation by the Downtown Business Association
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, South County Youth
Task Force Policy Team (alternate), Street Naming Committee
Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee, Santa
Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency
Implementation Board, Street Naming Committee, Visit Gilroy Board
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Council Member Blankley - ABAG, 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, VTA Board of Directors Alternate,
VTA Policy Advisory Committee, VTA South County City Group
Council Member Marques - Gilroy Downtown Business Association Board, 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,
Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Governing
Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD Water Committee
(alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater
Authority, South County United for Health, Street Naming Committee, VTA Committee for
Transit Accessibility, VTA Policy Advisory Committee (alternate)
Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate), Gilroy
Youth Task Force, Historic Heritage Committee, SCVWD Water Committee, Silicon Valley
Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA
Mobility Partnership
Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic
Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens Board
of Directors, Historic Heritage Committee (alternate), South County Joint Planning Advisory
Committee, South County Regional Wastewater Authority (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 September 16, 2019 Regular Meeting
B. Opening of the Annual Recruitment Period for Boards, Commissions and Committees
With Member Terms Expiring December 31, 2019
C. Adoption of a Resolution of the City Council of the City of Gilroy to Appropriate Non-
General Funds in Fiscal Year 2018-2019 in Various NonGeneral Funds (Special Revenue,
Capital, Debt Service, and Enterprise) and Appropriating Proposed Expenditure
Amendments
D. Adoption of a Resolution of the City Council of the City of Gilroy Approving Fiscal Year
2018-2019 Budget Appropriation Carryovers to Amend the Fiscal Year 2019-2020 Amended
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Budget for Non-General Funds Including Special Revenue, Capital, Internal Service, and
Enterprise Funds
E. Claim of John Kalas (The City Administrator recommends a “yes” vote under the Consent
Calendar shall constitute the denial of the claim)
F. Claim of Alfredo Torres (The City Administrator recommends a “yes” vote under the
Consent Calendar shall constitute the denial of the claim)
G. Claim of Fabiola Delgado Lara (The City Administrator recommends a “yes” vote under
the Consent Calendar shall constitute the denial of the claim)
H. Adoption of a Resolution of the City Council of the City of Gilroy Adopting the Sewer
System Management Plan for the Gilroy Sewer System in Accordance with State Water
Resources Control Board Order No. 2006- 0003-DWQ
I. Authorization to the City Administrator to Issue One-time Personal Leave Hours in Fiscal
Year 2019-2020 for Certain City Employee Groups Due to the Garlic Incident
J. Council Consent to the Appointment of Scott Golden as Information Technology Director
Pursuant to Charter Section 703
K. Consideration and Direction to Gilroy's Voting Delegate to Support the 2019 League of
California Cities Resolutions
VII. BIDS AND PROPOSALS - NONE
VIII. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections of
Chapter 30 of the Gilroy City Code Related to General Plan and Zoning Relationship,
Definitions, Land Use Tables and Standards, Parking, Storage, RV Park Development, Non-
Conforming Uses, Minor Modifications and Accessory Dwelling Unit Standards (introduced
9/9/2019 with a 6-0-1 vote; Council Member Tovar voting no)
1. Staff Report: Greg Larson, Interim Community Development Director
2. Public Comment
3. Possible Action:
Receive report.
B. Approval of an Amendment to Property Improvement Agreement No. 2015- 06 for Harvest
Park Phase II - Tract 10276; APN 790-06-044
1. Staff Report: Gary Heap, City Engineer/Transportation Engineer
2. Public Comment
3. Possible Action: Approve an Amendment to Property Improvement Agreement No.
2015-06 for Harvest Park Phase II - Tract 10276; APN 790-06-044.
Receive report.
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1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
X. INTRODUCTION OF NEW BUSINESS
A. Consider Modifications to the Temporary Use Permit Provisions Under City Code Chapter
30 Article 47 of the Zoning Ordinance Entitled "Temporary Uses"
1. Staff Report: Greg Larson, Interim Community Development Director
2. Public Comment
3. Possible Action:
Receive report.
Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority
XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF DIRECTORS
Roll Call of the Board of Directors
A. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority
Establishing Regular Meetings
1. Staff Report: Jimmy Forbis, Finance Director
2. Public Comment
3. Possible Action:
Receive report.
Adjourn to the Meeting of the Gilroy City Council
XII. CITY ADMINISTRATOR'S REPORTS
A. Update on Community Engagement Activities and Progress on Second Community-Wide
Poll for a Potential Future Revenue Measure
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report.
XIII. CITY ATTORNEY'S REPORTS
XIV. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of
Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Alma
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Ramirez, an individual; H.A. and L.A., both minors, as successors in interest to Hector
Alvarez, deceased, by and through their guardian ad litem Alma Ramirez; vs. City of Gilroy,
Adam Moon and Does 1 through 10, inclusive; Santa Clara Co. Superior Court, Case No. 17-
CV00625-HRL, Filed February 7, 2017
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code
Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property: 7665 Crews Road,
Gilroy (Van Dyke Ranch); APN 841-46-004; Negotiators: Gabriel Gonzalez, City
Administrator; Other Party to Negotiations: Peter N. Van Dyke, Elizabeth A. Van Dyke, Kurt
E. Van Dyke; and Eric Van Dyke; Under Negotiations: Price and Terms of Payment
C. 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
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code
Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property:7780 Monterey Street,
Gilroy (Downtown Business Association Office), APN 841-04-020 ; Negotiators: Gabriel
Gonzalez, City Administrator; Other Party to Negotiations: Jose Montes; Under Negotiations:
Price and Terms of Payment
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
Section 54957 and Gilroy City Code Section 17A.11(2); Employee Name/Title: Gabriel
Gonzalez, City Administrator
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)
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