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Home My WebLink About2016-11-21 City Council - Public Agenda-1026 November 23, 2016 11:56 AM City Council Regular Meeting Agenda Page1 MAYOR Perry Woodward COUNCIL MEMBERS: Peter Leroe-Muñoz Terri Aulman Dion Bracco Daniel Harney Cat Tucker Roland Velasco CITY COUNCIL and GILROY INDUSTRIAL DEVELOPMENT AUTHORITY AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING MONDAY, NOVEMBER 21, 2016 9:00 P.M. 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 COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individu al speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, 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. A sound enhancement system is also available for use in the City Council Chambers. 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 City Council Regular Meeting Agenda 11/21/2016 Page2 agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also 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. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE 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/shawna.freels@cityofgilroy.org. REGULAR MEETING 9:00 P.M. I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations - NONE III. PRESENTATIONS TO THE COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL B. Bicycle Pedestrian Commission Annual Presentation City Council Regular Meeting Agenda 11/21/2016 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Youth Task Force, Santa Clara Co. Library JPA, Sign Ordinance Review Task Force, SCRWA Board, Street Naming Committee, Santa Clara County Youth Task Force Policy Team Council Member Tucker –Caltrain Citizen's Advisory Committee, Gilroy Welcome Center, Santa Clara Co. Recycling & Waste Reduction Commission, Santa Clara Valley Habitat Agency Governing and Implementation Boards Council Member Harney – ABAG, Santa Clara Co. Ca-ID Remote Access Network Board, Santa Clara Co. Expressway Plan Advisory Board, Santa Clara Valley Habitat Agency Governing and Implementation Boards, Santa Clara Valley Clean Energy Authority, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee Council Member Velasco –Development Standards Task Force, Gilroy Sister Cities Association Board, Sign Ordinance Review Task Force Council Member Aulman - Gilroy Gardens Board, Historical Heritage Committee, South County Joint Planning Advisory Committee, Street Naming Committee, SCRWA Board, Development Standards Task Force Mayor Pro Tempore Leroe-Muñoz - Gilroy Youth Task Force, High Speed Rail Station Planning Advisory Committee, Santa Clara Valley Water District Uvas/Llagas Committee, Santa Clara Co. Cities Association Board, Santa Clara Valley Water Dist. Water Comm., Silicon Valley Regional Interoperability Authority (SVRIA), California HSR Sub-Committee Mayor Woodward – Caltrain Board of Directors, Downtown Business Association, Economic Development Corporation, Street Naming Committee, SCRWA Board, VTA Administration and Finance Com., VTA Governance Com., VTA Board of Directors, VTA Envision Silicon Valley Ad Hoc Com., VTA South County City Group, URM Task Force, California HSR Sub-Committee 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 November 7, 2016 Regular Meeting B. A Resolution of the City Council of the City of Gilroy Rescinding Resolution 2016-23, and Authorizing Officers Who May Conduct Financial Transactions on Behalf of the City of Gilroy C. A Resolution of the City Council of the City of Gilroy Rescinding Resolution 2016-24 and Authorizing the Investment of Monies in the Local Agency Investment Fund City Council Regular Meeting Agenda 11/21/2016 Page4 D. Council Consent to Appoint Finance Director as City Treasurer E. Consideration of the Approval of Heartland Estates Subdivision Public Art for a Property Located South of Hecker Pass Highway and West of Santa Teresa Boulevard (A/S 15-03) VII. BIDS AND PROPOSALS A. Approval of a Professional Services Contract Amendment for Design and Construction Management of Two City Pavement Projects 1. Staff Report 2. Public Comment 3. Possible Action: Award a professional services contract amendment totaling $322,904 to Flowers & Associates as follows: a) Design and construction management services for Phase 2 of the City Wide Pavement Maintenance Project in the amount of $211,489; b) Construction management services for Automall Parkway Pavement Improvement Project in the not-to-exceed amount of $111,415; c) Establish a project contingency budget of 10% ($32,290); d) Authorize the City Administrator to execute the amendments and related paperwork. VIII. PUBLIC HEARINGS A. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Request For Approval of Tax-Exempt Revenue Bonds By California Statewide Communities Development Authority (“CSCDA”) on behalf of Lilly Affordable Communities, L.P. 1. Staff Report 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy Approving the Issuance of Revenue Bonds by the California Statewide Communities Development Authority (CSCDA) in an Aggregate Principal Amount Not to Exceed $35,000,000 for the Benefit of Lilly Affordable Communities, L.P. (“Borrower”). IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting the 2015 International Fire Code and the 2016 California Fire Code, California Code of Regulations Title 24, Part 9, Including local amendments (item heard 11/7/2016 with a 6-0-1 vote, Council Member Aulman absent) City Council Regular Meeting Agenda 11/21/2016 Page5 1. Staff Report 2. Public Comment 3. Possible Action: Adoption of an Ordinance of the City Council of the City of Gilroy Adopting the 2015 International Fire Code and the 2016 California Fire Code, California Code of Regulations Title 24, Part 9, Including local amendments. B. Adoption of an Ordinance by the City Council of the City of Gilroy Adopting the 2016 California Building Code (VOL 1 and 2), 2016 California Residential Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 California Existing Building Code with Appendices A1, A2, A3, A4, and A5 of the 2015 International Existing Building Code, 2016 California Green Building Standards Code, and 2015 International Property Maintenance code including any local amendments (introduced 11/7/2016 with a 6-0-1 vote, Council Member Aulman absent) 1. Staff Report 2. Public Comment 3. Possible Action: Adoption of an ordinance of the City Council of the City of Gilroy amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code Adopting the Following Codes: 2016 California Building Code (VOL 1 and 2), 2016 California Residential Code, 2016 California Electrical Code, 20 16 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 California Existing Building Code with Appendices A1, A2, A3, A4, and A5 of the 2015 International Existing Building Code, 2016 California Green Building Standards Code, and 2015 International Property Maintenance code including any local amendments. C. Consideration of Proposed Options Regulating Unmanned Aerial Vehicles (Drones) Within the City of Gilroy 1. Staff Report 2. Public Comment 3. Possible Action: Direction to staff to prepare an ordinance regulating Unmanned Aerial Vehicles (Drones) within the City of Gilroy. D. Consideration of Proposed Traffic Calming Measures on Upper Welburn Avenue 1. Staff Report 2. Public Comment 3. Possible Action: Direct Staff to proceed with the installation of the proposed temporary traffic calming measures on upper Welburn Avenue X. INTRODUCTION OF NEW BUSINESS City Council Regular Meeting Agenda 11/21/2016 Page6 A. Consideration of the Approval of a Proposed Public Works Management Reorganization and Reclassification of New Senior Maintenance Worker in Water Department 1. Staff Report 2. Public Comment 3. Possible Action: a) Approval of Public Works Management reorganization as described in this report; and; b) Approval of a budget amendment funding the increased cost associated with the higher level City Engineer/Traffic Engineer and Deputy Director of Public Works/Operations Manager positions. B. Consideration of the Adoption of the Santa Clara County Multi- Jurisdictional Program for Public Information (PPI) 1. Staff Report 2. Public Comment 3. Possible Action: Adoption of the 2015 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) C. Consideration of an Ordinance of the City Council of the City of Gilroy Repealing Ordinance No. 98-17 Entitled "Floodplain Management Ordinance" In It's Entirety and Creating a New Chapter 27E of the Gilroy City Code Entitled "City of Gilroy Floodplain Management Ordinance" 1. Staff Report 2. Public Comment 3. Possible Action: Introduction of an Ordinance of the City Council of the City of Gilroy Repealing Ordinance No. 98-17 Entitled "Floodplain Management Ordinance" In Its Entirety and Creating a New Chapter 27E of the Gilroy City Code Entitled "City of Gilroy Floodplain Management Ordinance" D. Fire Station Assessment Report for Las Animas Avenue and Chestnut Street Fire Stations 1. Staff Report 2. Public Comment 3. Possible Action: a) Accept and file the RRM Design Group Gilroy Fire Department Facility Assessment Report, and b) Direct staff to explore funding options, to include Public/Private Partnership (P3), to retrofit and/or the new construction of the Las Animas and Chestnut Fire Stations. XI. ADJOURNMENT TO THE MEETING OF THE BOARD OF DIRECTORS OF THE GILROY INDUSTRIAL DEVELOPMENT AUTHORITY City Council Regular Meeting Agenda 11/21/2016 Page7 A. A Resolution of the Board of Directors of the Gilroy Industrial Development Authority Rescinding Resolution 2016-01 and Approving the Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals 1. Staff Report 2. Public Comment 3. Possible Action: Adoption of a Resolution of the Board of Directors of the Gilroy Industrial Development Authority Rescinding Resolution 2016-01 and Approving the Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals ADJOURNMENT TO THE MEETING OF THE CITY COUNCIL OF THE CITY OF GILROY XII. CITY ADMINISTRATOR'S REPORTS XIII. CITY ATTORNEY'S REPORTS XIV. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 251 Old Gilroy Street, Gilroy, APN 841-08-033 (Fellom Plumbing) B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7491 Railroad Avenue, Gilroy, APN 841-06-001(Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Lynette M. Hill, Trustee Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a) City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director Memorandum of Understanding: MOU Between City of Gilroy and AFSC ADJOURNMENT