Loading...
HomeMy WebLinkAbout10/07/2019 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 OCTOBER 7, 2019 COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tover 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 1/8 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. 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 2/8 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: 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 3/8 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 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 4/8 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 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 5/8 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. 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 6/8 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 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 7/8 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) 11/4/24, 1:45 PM Meeting https://gilroy.primegov.com/Portal/Meeting?meetingTemplateId=1818 8/8