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Home My WebLink About2020-12-07 City Council Regular Meeting Agenda Packet December 3, 2020 7:33 PM City Council Regular Meeting Agenda Page1 MAYOR Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, DECEMBER 7, 2020 CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org. THE DECEMBER 7, 2020 MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20 In order to minimize the spread of the COVID 19 virus the City Council is conducting this meeting by web conference and will be offering alternative options for public participation. You are encouraged to watch the City Council meeting live on the City of Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the website, select the Council Agendas and Videos button from the home page. PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN AGENDA ITEM DURING THIS MEETING, CALL ONE OF THE PHONE NUMBERS LISTED BELOW, ENTER THE MEETING ID AND PASSWORD. When the Mayor announces the item which you wish to speak on, press *9 on your telephone keypad to raise your hand. When called to speak, please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for all other speakers for the particular agenda item. COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERK PRIOR TO THE MEETING TO shawna.freels@cityofgilroy.org OR MAILED TO: GILROY CITY CLERK, 7351 ROSANNA STREET, GILROY, CA. 95020, TO BE DISTRIBUTED TO THE COUNCIL MEMBERS AND BE INCORPORATED INTO THE RECORD. In compliance with the Americans w ith Disabilities Act, and Governors Order N-29-20, 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 2 hours prior to the meeting at (408) 846-0204. Call in for Public Comment 1 (669) 900-9128 1 (346) 248-7799 Meeting ID: 982-9685-8012 City Council Regular Meeting Agenda 12/7/2020 Page2 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. 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 or shawna.freels@cityofgilroy.org 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 II. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 12/7/2020 Page3 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 Publi c on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 12/7/2020 Page4 III. 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 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) IV. FUTURE COUNCIL INITIATED AGENDA ITEMS V. 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 u nless 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 approv e. If removed, the item will be discussed in the order in which it appears. City Council Regular Meeting Agenda 12/7/2020 Page5 A. Minutes of the November 16, 2020 Regular Meeting B. Approval of a Notice of Acceptance of Completion for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW-217, and Approval of a Final Contract with Monterey Peninsula Engineering in the Amount of $6,659,104 C. Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2019-2020 as Required Under Government Code 66000 D. A Resolution of the City Council of the City of Gilroy Opposing Valley Transportation Authority's 2016 Measure B 10-Year Funding Plan E. Authorize Acceptance of a $1,000 Sponsorship Donation from Gilroy Chevrolet Cadillac to Support City Recreation Youth Sports VI. CEREMONIAL ITEMS A. Acceptance of the Official Canvass of the November 3, 2020 Municipal Election Results 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy Declaring t he Acceptance of the Statement of Vote and Certification of the November 3, 2020 Municipal Election. Presentation of Plaques to Outgoing Council Members Cat Tucker and Carol Marques Council Member's Farewell Remarks Presentation of Plaque to Outgoing Mayor Roland Velasco Mayor's Farewell Remarks Adjourn Sine Die Swearing in of Mayor and Council Member’s Elect Roll Call Incoming Council Member's Remarks VII. PUBLIC HEARINGS - NONE VIII. UNFINISHED BUSINESS - NONE IX. INTRODUCTION OF NEW BUSINESS A. Declaration of a Vacancy on the City Council and Consideration of Filling Said Vacancy Until a Successor is Elected at the Next General Municipal Election of November 8, 2022 City Council Regular Meeting Agenda 12/7/2020 Page6 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy declaring a vacancy on the City Council b) Consideration of filling said vacancy by appointment (which could include immediate appointment and swearing in of newly appointed Council Member), special election or the opening of a recruitment, until a successor is elected at the next General Municipal Election of November 8, 2022. B. Selection of Mayor Pro Tempore Following the November 3, 2020 General Election 1. Staff Report: Marie Blankley, Mayor 2. Public Comment 3. Possible Action: Elect a Mayor Pro Tempore for calendar year 2021. C. Consideration of Council Members to Serve in Regional Representative Seats and Suggested Appointees to Serve on the Gilroy Economic Development Corporation Board, Gilroy Economic Development Partnership, Gilroy Downtown Business Association Board and Visit Gilroy California Welcome Center Gilroy Board for 2021 1. Staff Report: Marie Blankley, Mayor 2. Public Comment 3. Possible Action: Discussion and possible appointment of Council Members to serve in regional representative seats and suggested appointees to serve on the Gilroy Economic Development Corporation Board, Gilroy Economic Development Partnership, Gilroy Downtown Business Association Board and Visit Gilroy/California Welcome Center Gilroy Board for 2021. X. CITY ADMINISTRATOR'S REPORTS XI. CITY ATTORNEY'S REPORTS ADJOURNMENT MEETING DATES DECEMBER, 2020 7* Regular Meeting - 6:00 p.m. 14* Special Meeting /Board & Commission Interviews - 6:00 p.m. JANUARY, 2021 4 Regular Meeting - 6:00 p.m. 11* Special Meeting/Study Session - 6:00 p.m. 25* Regular Meeting - 6:00 p.m. * meeting is webstreamed and televised 1 City Council Meeting Minutes 11/16/2020 City of Gilroy City Council Meeting Minutes November 16, 2020 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Leroe -Muñoz. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on November 12, 2020 at 9:30 a.m. Attendee Name Title Status Arrived Roland Velasco Mayor Remote Marie Blankley Council Member Remote Dion Bracco Council Member Remote Peter Leroe-Muñoz Council Member Remote Carol Marques Council Member Remote Fred Tovar Council Member Remote Cat Tucker Council Member Remote B. Orders of the Day Mayor Velasco explained the Council participation remotely under the Governor's Order and explained the process of public comment. He then announced that channel 17 was down. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL A. Presentation by Santa Clara County First 5 The presentation was given by Charmayne Moran of Santa Clara County First 5. IV. REPORTS OF COUNCIL MEMBERS Council Member Blankley spoke on the VTA policy advisory proposed bus service cuts that were delayed, and 10 year outlook for Measure B road repair funds that were being deferred. Council Member Marques spoke on the Gilroy Garden 'shop local' contest program and detailed the homeless task force initiatives. 5.A Packet Pg. 7 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 11/16/2020 Council Member Leroe-Muñoz spoke on the successful 1st street ribbon cutting and illegal garbage dumping. Mayor Velasco congratulated the City Council for the work in resolving the First Street road repair problem and detailed the County Officials meeting on Saturday, describing the COVID 19 spikes and new restrictions in the Bay Area and work on distributing a future vaccine. He then spoke on the Arbor Day event the prior Thursday. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques asked for to agendize a Downtown Business Association study session. Council Member Blankley asked to agendize the smoking pollution control ordinance in parks, to limit smoking in all city parks. The full Council agreed to agendize the items. VI. CONSENT CALENDAR (ROLL CALL VOTE) There were no public comments. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the November 2, 2020 Regular Meeting B. Approval of a Notice of Acceptance of Completion for the Spalling Concrete Repair Project No. 20-PW-255 and Approval of a Final Contract With EF&S, Inc. in the Amount of $379,272 C. Approval of a Notice of Acceptance of Completion for the 2020 Annual Sidewalk Gap Closure and Curb Ramp Improvements Project No. 20-PW- 256 and Approval of a Final Contract with McKim Corporation in the Amount of $251,316.54 D. Approval of a Notice of Acceptance of Completion for the Bridge Preventative Maintenance Program Project No. 18-PW-246, Federal Project No. BPMP-5034(026) and Approval of a Final Contract with American Civil Constructor West Coast, LLC in the Amount of $171,824.00 E. Claim of Matt Mendoza (The 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 Three Year Contract to Chrisp Company in the Amount $170,000 Annually for a Total of $510,000 for On-Call Striping and Pavement Marking Maintenance Services The item was presented by City Engineer Heap. There were no public comments. 5.A Packet Pg. 8 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 11/16/2020 Possible Action: Award a three year contract to Chrisp Company in the amount of $170,000 annually for a total of $510,000 for on-call striping and pavement marking maintenance services, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Fred Tovar SECONDER: Dion Bracco, Cat Tucker AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Award of a Contract in the Amount of $250,000 to Ghirardelli Associates, Inc. for Inspection and Labor Compliance Services for the Citywide Pavement Maintenance Project No. 21-RFP-PW-452 The staff report was presented by City Engineer Heap. There were no public comments. Possible Action: Award a contract in the amount of $250,000 to Ghirardelli Associates, Inc. for inspection and labor compliance services for the citywide pavement maintenance project, No. 21-RFP-PW-452, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Cat Tucker SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS - NONE There were none. IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic The staff report was presented by City Administrator Forbis and further presented by Programs Manager De Leon. Public comment was opened. Possible Action: Receive report. X. INTRODUCTION OF NEW BUSINESS A. Approval of the Capital Improvement Program for Fiscal Year 2020 -2021 Through Fiscal Year 2024-2025 and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget and Appropriating Proposed Expenditure Amendments for the Capital Improvement Program 5.A Packet Pg. 9 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 11/16/2020 The staff report was presented by City Engineer Heap. Public comment was opened. Gary Walton of the Downtown Association spoke on plans for Gourmet Alley. Public comment was closed. Possible Action: a) Approve the capital improvement program for fiscal years 2020 -2021 through 2024-2025. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution 2020-75 of the City Council of the City of Gilroy amending the budget for the City of Gilroy for fiscal year 2020-2021 and appropriating proposed expenditure amendments for the capital improvement program fiscal years 2020-2021 through 2024-2025. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Update on the Pavement Maintenance Equipment for the In-House Local Streets Repair Program The staff report was presented by City Engineer Heap. There were no public comments. Possible Action: Receive report. C. Approval of the Downtown Improvement Incentive Program for Fiscal Year 2020-2021 and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget and Appropriating $100,000 in Expenditure Amendments for Two Downtown Impro vement Incentive Programs The staff report was presented by Senior Management Analyst Barber. Public comment was opened. Gary Walton of the Downtown Business Association spoke on the success of previous programs parklet design and CDBG funding for businesses and gourmet alley plans. 5.A Packet Pg. 10 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 11/16/2020 Rob Benn of the auto dealerships suggesting a sales tax rebate program for new dealerships that other cities provide. Public comment was closed. Possible Action: a) Approve the downtown improvement incentive program for fiscal year 2020-2021 and provide direction to staff on possible future economic incentive programs. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution 2020-76of the City Council of the City of Gilroy amending the budget for the City of Gilroy for fiscal year 2020-2021 and appropriating proposed expenditure amendments for the downtown improvement incentive program. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker D. Consideration of a City Office Shutdown from December 24, 2020 to January 3, 2021 The staff report was presented by Human Resources Director McPhillips. There were no public comments. Possible Action: Approve a city office shutdown from December 24, 2020 to January 3, 2021. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker E. Approval of Amendments to the Fiscal Year 2020-2021 General Fund Budget Based on the Adopted Financial Recovery Plan and Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget for the City of Gilroy The staff report was presented by City Administrator Forbis. 5.A Packet Pg. 11 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 11/16/2020 Possible Action: a) Approve General Fund amendments to the Fiscal Year 2020-2021 budget based on the financial recovery plan of June 1, 2020. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker Possible Action: b) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2020-2021 budget for the City of Gilroy. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report provided. XII. CITY ATTORNEY'S REPORTS There was no report provided. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and GCC Section 17A.11(3)(a); Case: Martha Silos, an individual; Steven Juarez, Jr., an individual and as successor in interest to Steven Juarez, deceased; Andrew Juarez, an individual and as successor in interest to Steven Juarez, deceased; Catrina Molina, an individual and as successor in interest to Steven Juarez, deceased; C.J., a minor, as successor in interest to Steven Juarez, by and through his guardian ad litem Catrina Molina; S.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad litem, Catrina Molina; N.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad litem, Augustina Armendariz v. City of Gilroy, Michael McMahon individually and as an officer of the Gilroy Police Department, David Ludden, individually and as an officer of the Gilroy Police Department, Chris Silva individually and an officer of the Gilroy Police Department, Jason Greathead individually and an officer of the Gilroy Police Department, Martin Beltran individually and an officer of the Gilroy Police Department, Diana Barrett individually and an officer of the Gilroy Police Department, Kenneth Ellsworth individually and an officer of the Gilroy Police Department, and does1-10, inclusive, United States Northern District Court-San Jose Branch, Case No. C19-01283 EJD, Filed March 9, 2019 There were no public comments. Motion was made by Council Member Leroe-Muñoz, seconded by Council Member Blankley and carried with a 7-0 vote to adjourn to closed session at 9:29 p.m. 5.A Packet Pg. 12 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 11/16/2020 /s/ Shawna Freels, MMC City Clerk 5.A Packet Pg. 13 Communication: Minutes of the November 16, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Notice of Acceptance of Completion for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217, and Approval of a Final Contract with Monterey Peninsula Engineering in the Amount of $6,659,104 Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Gary Heap Prepared By: Gary Heap Julie Oates Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization  Economic Development  Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve a notice of acceptance of completion for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217, and Approval of a Final Contract with Monterey Peninsula Engineering in the Amount of $6,659,10. EXECUTIVE SUMMARY The Public Works Department has completed construction of the First Street (State Route 152) Water Utility Improvements Project 16-PW-217 (the Project) and has reviewed and approved all project documentation. The Project replaced approximately 8,050 linear feet (or 1.5 miles) of 16-inch water main with a 24-inch water main along First Street from Santa Teresa Boulevard to Monterey Road. The Project included the 5.B Packet Pg. 14 installation of water valves, fire hydrants, water service laterals, water meters, and water meter boxes where appropriate. The abandonment of a 6-inch water main along Monterey Road between Leavesley Road and Howson Street, which was at risk of rupturing, was included as a change order to the Project. The total construction cost of the Project was $6,659,104 and was funded by the Water Enterprise Fund 720. The next step is for the City Council to approve a Notice of Acceptance of Completion for the First Street (State Route 152) Water Utility Improvements Project 16 -PW-217, and approval of the Final Contract with Monterey Peninsula Engineering in the amount of $6,659,104. BACKGROUND In June 2018, the City Council awarded a contract to Monterey Peninsula Engineering (the Contract) in the amount of $5,451,990 with a contingency of $817,798 (15%) for the construction of the First Street (State Route 152) Water Utility Improvements Project 16- PW-217 (the Project). Construction began in July 2018 and was completed in October 2019. On October 19, 2020, the City Council approved an amendment to the Contract to an amount not to exceed $6,659,104 and authorized the City Administrator to execute the amendment and associated documents. This amendment was required for the change orders associated with the urgent need to abandon the 6-inch water main on Monterey Road between Leavesley Road and Howson Street and other unforeseen conditions. ANALYSIS The Project scope of work included:  Replacement of approximately 8,050 linear feet of 16-inch water main with a 24- inch water main along First Street (State Route 152) between Santa Teresa Boulevard and Monterey Road.  Installation of new water valves, fire hyd rants, water service laterals, water meters, and water meter boxes.  Abandonment of a 6-inch water main along Monterey Road between Leavesley Road and Howson Street and the transfer of eight water services and two fire hydrants to a newer, parallel 12-inch water main along Monterey Road. A total of 25 construction change orders (CCOs) were executed for the project. The largest change orders were due to unforeseen conditions in the field, including the presence of unidentified concrete caps, unidentified utilities, additional asphalt depths, upsizing meter boxes, and the abandonment of the 6-inch water main on Monterey Road. The change orders are summarized below. Figure #1: Chart of the Project Change Orders 5.B Packet Pg. 15 Item Description Amount Construction Contract Award $5,451,990 CCO#1. 24" MJ Substitution $14,949 CCO#2. SWPPP $20,409 CCO#3. Polywrap Credit -$11,500 CCO#4. Caltrans Permit Reimbursement $1,640 CCO#5. Asphalt Bid Unit Price Change $10,313 CCO#6. Wave Conduits $102,669 CCO#7. Zipper Credit -$24,177 CCO#8. Additional Asphalt Concrete Cap $108,090 CCO#9. Unidentified Utility at Monterey Tie In $6,098 CCO#10. Monterey/Howson - Hydrant and Services $180,293 CCO#11. Sawcut Utility Trenches $10,267 CCO#12. Additional Fittings and Accessories $28,863 CCO#13. Concrete Cap at Princevalle $4,364 CCO#14. Unidentified Utilities in Lateral Trenches $85,907 CCO#15. Time Extension $0 CCO#16. Concrete Encasement, Dewatering Laterals $24,997 CCO#17. Well 2 Additional Work $30,644 CCO#18. Sawcut T Trench $116,203 CCO#19. Abandon 16" Lateral at Santa Teresa $19,827 CCO#20. Additional Sawcut Standby Time $2,075 CCO#21. B36 Meter Boxes $70,874 CCO#22. Bid Item 13 Additional Quantity $6,000 CCO#23. Monterey/Howson Additional Service, Encasements, Sawc utting $158,246 CCO#24. OT Reimburse, Hydrant/Thermo, Meter Boxes, T Trench Excavation $240,064 CCO#25. Final Balancing Change Order $0 Final Construction Cost $6,659,104 All combined, the change orders resulted in a net increase in the contract value of $1,207,114 for a total construction cost of $6,659,104. The original contract time was 320 calendar days. The first working day of the contract was July 18, 2018. The construction change orders granted an additional 12 4.5 calendar days to the contract time. The project was completed on October 28, 2019. 5.B Packet Pg. 16 Prior to and during construction of the project, staff conducted extensive outreach with local businesses and residents. This resulted in minimizing the impacts as much as possible and allowed for a timely completion of the project. FISCAL IMPACT/FUNDING SOURCE The total construction cost of the project was $6,659,104 and was funded by the Water Enterprise Fund 720. No General Fund money was used for the construction of this project. Attachments: 1. NOC First St (SR 152) Water Utility Imps 16-PW-217 2. FIRST ST.- CCO NO. 025_Executed 5.B Packet Pg. 17 5.B.a Packet Pg. 18 Attachment: NOC First St (SR 152) Water Utility Imps 16-PW-217 (3087 : Notice of Completion First St (SR 152) Water Utility Imps) 5.B.a Packet Pg. 19 Attachment: NOC First St (SR 152) Water Utility Imps 16-PW-217 (3087 : Notice of Completion First St (SR 152) Water Utility Imps) 5.B.a Packet Pg. 20 Attachment: NOC First St (SR 152) Water Utility Imps 16-PW-217 (3087 : Notice of Completion First St (SR 152) Water Utility Imps) 11/02/202011/02/2020DocuSign Envelope ID: AC72F5B1-8078-4491-B1DD-748213D50A6211/2/202011/2/202011/4/20205.B.bPacket Pg. 21Attachment: FIRST ST.- CCO NO. 025_Executed (3087 : Notice of Completion First St (SR 152) Water Utility Imps) DocuSign Envelope ID: AC72F5B1-8078-4491-B1DD-748213D50A625.B.bPacket Pg. 22Attachment: FIRST ST.- CCO NO. 025_Executed (3087 : Notice of Completion First St (SR 152) Water Utility Imps) DocuSign Envelope ID: AC72F5B1-8078-4491-B1DD-748213D50A625.B.bPacket Pg. 23Attachment: FIRST ST.- CCO NO. 025_Executed (3087 : Notice of Completion First St (SR 152) Water Utility Imps) DocuSign Envelope ID: AC72F5B1-8078-4491-B1DD-748213D50A625.B.bPacket Pg. 24Attachment: FIRST ST.- CCO NO. 025_Executed (3087 : Notice of Completion First St (SR 152) Water Utility Imps) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2019-2020 as Required Under Government Code 66000 Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: Finance Department Submitted By: Cindy Murphy Prepared By: Cindy Murphy Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Accept and file the annual development impact fee report for Fiscal Year 2019-2020 as required under Government Code 66000. EXECUTIVE SUMMARY In accordance with the Mitigation Fee Act (Act), Government Code 66000 et seq. the City must annually review and make a public report on development impact fees . POLICY DISCUSSION The Act requires that the City prepare an annual review and report of all established development impact fees and make the report available to the public. In accordance with this requirement, staff is presenting the annual impact fee report for the fiscal year ending June 30, 2020. 5.C Packet Pg. 25 BACKGROUND The Mitigation Fee Act, Government Code 66000 et seq., (adopted as AB 1600 and commonly referred to as “AB 1600 requirements”) governs the establishment and administration of development impact fees paid by new development projects for public facilities needed to serve new development. Fees must be separately accounted for and used for the specific purpose for wh ich the fee was established and imposed. The City’s adopted development impact fees are listed in the attachment. Expenditures are authorized by Council through annual capital and operating budgets. ANALYSIS No analysis is required. This report is for information purposes only. The establishment of fees and expending of fee-generated revenue occurs in separate Council actions. FISCAL IMPACT/FUNDING SOURCE This report has no direct fiscal impacts as this report only provides information describing each development impact fee and a list of revenues, expenditures, and fund balance for each impact fund. Attachments: 1. Gilroy Impact Fee Report FY19-20 5.C Packet Pg. 26 Project FY19/20 FUND 420 - Storm Drain Development Impact Fee Number AB 1600 Revenues Storm Impact Fees 420-2600-0000-3660 9,538$ Interest 420-2600-0499-3710 18,843 Interfund Transfer Interest Income 420-2600-0440-3712 14,358 Transfer from General Fund 420-2600-0100-3910 1,196 Total Revenues 43,935$ Expenditures GIS Systems 420-2600-3402-4215 5,000 Storm Drain Master Plan 420-2600-3416-4215 1,838 Overhead Expenses 420-2600-0100-4455 454 Total Expenditures 7,292$ Revenues Less Expenditures 36,643$ Fund Balance as of June 30, 2019 2,009,875 Fund Balance as of June 30, 2020 2,046,518$ Relationship between and purpose for which fee is charged: Storm Drain Impact Fee charges are as follows:(420-2600-0000-3660) Residential - Low Density $564/acre Residential - High Density $886/acre Commercial $1,528/acre Commercial-Assembly Hall $564/acre Industrial $1,128/acre City of Gilroy Impact Fee Revenues and Expenditures For Fiscal Year 2019/20 Fees are to finance the construction of drainage collection and conveyance systems in conformance with the Gilroy Storm Drain Master Plan in order to accommodate development of new residential, commercial, and industrial uses as well as expand system capacity. Projects are identified and undertaken in compliance with updated and approved master plans based on population projections, the General Plan policies, land use needs, and other standards approved by the City Council. 5.C.a Packet Pg. 27 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) Project FY19/20 FUND 432 - Street Tree Development Impact Fee Number AB 1600 Revenues Street Trees Development Impact Fees 432-2600-0000-3660 344$ Interest 432-2600-0499-3710 2,673 Transfer from General Fund 432-2600-0100-3910 27 Total Revenues 3,044$ Expenditures Program Expenses 432-2600-0000-4265 - Overhead Expenses 432-2600-0100-4455 - Total Expenditures -$ Revenues Less Expenditures 3,044$ Fund Balance as of June 30, 2019 132,944 Fund Balance as of June 30, 2020 135,988$ Relationship between and purpose for which fee is charged: Street Trees Impact Fee charges are as follows:(432-2600-0000-3660) City Planting and Replacement $3.06/ff Inspection and Replacement $0.41/ff City of Gilroy Impact Fee Revenues and Expenditures For Fiscal Year 2019/20 The Street Tree Development Fund collects a front footage fee to plant trees in new developments. 5.C.a Packet Pg. 28 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) Project FY19/20 FUND 433 - Traffic Impact Fee Number AB 1600 Revenues Traffic Impact Fees 433-2600-0000-3660 2,454,400$ Interest 433-2600-0499-3710 268,940 Transfer from General Fund 433-2600-0100-3910 48,769 Total Revenues 2,772,109$ Expenditures GIS System 433-2600-3402-4215 5,000 Tenth at Uvas Creek Bridge 433-2600-3851-4340 743 Cohansey/ Monterey 433-2600-4407-4340 517,909 North West Quad Cohansey 433-2600-4457-4340 1,413,470 Overhead Charges 433-2600-0100-4455 129,227 Administration 433-2600-0000-xxxx 8,937 Total Expenditures 2,075,286$ Revenues Less Expenditures 696,823$ Fund Balance as of June 30, 2019 12,852,388 Fund Balance as of June 30, 2020 13,549,211$ Relationship between and purpose for which fee is charged: Traffic Impact Fee charges are as follows:(433-2600-0000-3660) Residential - Low Density $11,908/unit Residential - High Density $9,653/unit Commercial - Low Traffic $13,176/ksf Commercial - High Traffic $26,615/ksf Industrial - General $5,221/ksf Industrial - Warehouse $3,784/ksf City of Gilroy Impact Fee Revenue and Expenditures For Fiscal Year 2019/20 Fees are to finance the construction of streets, bridges, interchanges and traffic signals as identified in the City's General Plan Circulation Element to accommodate development of new residential, commercial, and industrial uses for the purpose of expanding transportation system capacity. Projects are completed in conformance with approved master plans based on the General Plan, population projections, land use, and other standards approved by the City Council. 5.C.a Packet Pg. 29 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) Project FY19/20 FUND 435 - Sewer Development Impact Fee Number AB 1600 Revenues Sewer Impact Fees 435-2600-0000-3660 1,703,451$ Interest 435-2600-0499-3710 241,311 Transfer from Interest Income 435-2600-0440-3712 25,640 Transfer from General Fund 435-2600-0100-3910 28,351 Total Revenues 1,998,753$ Expenditures GIS Systems 435-2600-3402-4215 5,000$ Sewer Interfund Transfer 435-2600-0700-4410 693,577 SCRWA Construction Interfund Transfer 435-2600-0839-4410 1,360,010 Overhead Expenses 435-2600-0700-4455 112 Administration 435-2600-0000-xxxx 2,438 Total Expenditures 2,061,137$ Revenues Less Expenditures (62,384)$ Fund Balance as of June 30, 2019 13,533,945 Fund Balance as of June 30, 2020 13,471,560$ Relationship between and purpose for which fee is charged: Sewer Impact Fee charges are as follows:(435-2600-0000-3660) Residential - Low Density $12,501/unit Residential - High Density $6,764/unit Commercial $3,956/cgpd Industrial $3,956/cgpd City of Gilroy Impact Fee Revenues and Expenditures For Fiscal Year 2019/20 Fees are to finance the construction of expanded sewer collection, treatment and conveyance systems as identified in the Sewer Master Plan in order to accommodate development of new residential, commercial, and industrial uses based on standards adopted by the City Council. 5.C.a Packet Pg. 30 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) Project FY19/20 FUND 436 - Water Development Impact Fee Number AB 1600 Revenues Water Impact Fees 436-2600-0000-3660 487,040$ Interest 436-2600-0499-3710 92,917 Transfer from General Fund 436-2600-0100-3910 5,893 Total Revenues 585,850$ Expenditures GIS Systems 436-2600-3402-4215 5,000 Reimbursement Improvements 436-2600-3486-4340 474,947 Overhead Expenses 436-2600-0720-4455 7,494 Administration 436-2600-0000-xxxx 19,644 Total Expenditures 507,085$ Revenues Less Expenditures 78,765$ Fund Balance as of June 30, 2019 4,601,793 Fund Balance as of June 30, 2020 4,680,558$ Relationship between and purpose for which fee is charged: Water Impact Fee charges are as follows:(436-2600-0000-3660) Residential - Low Density $4,294/unit Residential - High Density $1,737/unit Commercial $6,731/kgpd Industrial $6,731/kgpd City of Gilroy Impact Fee Revenues and Expenditures For Fiscal Year 2019/20 Fees are to finance the construction of improvements and expansion of water production, transmission, distribution and storage systems within Pressure Zone 1 as described in the Water Master Plan necessary to accommodate the capacity requirements of new residential, commercial and industrial uses and in accordance with the General Plan, population increase projections and other standards established by the City Council. 5.C.a Packet Pg. 31 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) Project FY19/20 FUND 440 - Public Facilities Impact Fee Number AB 1600 Revenues Public Facility Impact Fees 440-2600-0000-3660 3,930,147$ Interest 440-2600-0499-3710 78,373 Interfund Transfer from General Fund 440-2600-0100-3910 40,763 Total Revenues 4,049,283$ Expenditures GIS System 440-2600-3402-4215 7,500 Sports Park Expansion 440-2600-4342-4215 1,318,415 New Police Staff Resource - Duty Belts and Equipment 440-2600-1658-4272 969 New Police Staff Resource- Equipment and Furniture 440-2600-1658-4320 61,484 City Hall Annex 440-2600-4760-4340 254,858 Ronan Channel Trail Improvements 440-2600-3822-4340 1,378,506 Lions Creek Gap Closure 440-2600-4426-4340 42,625 Lease Rev Bonds 2013 Interfund Transfer Out 440-2600-0514-4410 1,847,270 PFFA Refund 2010 Interfund Transfer Out 440-2600-0516-4410 1,747,706 Overheard Charges 440-2600-0100-4455 210,463 Interfund Interest Expense-Storm Fund 440-2600-0420-4512 14,358 Interfund Interest Expense-Sewer Fund 440-2600-0435-4512 25,640 Interfund Interest Expense-Fleet 440-2600-0600-4512 47,177 Interfund Interest Expense-Equipment Outlay 440-2600-0605-4512 15,384 Administration 440-2600-0000-xxxx 2,500 Total Expenditures 6,974,853$ Revenues Less Expenditures (2,925,569)$ Fund Balance as of June 30, 2019 *(3,182,011) Fund Balance as of June 30, 2020 *(6,107,580)$ Relationship between and purpose for which fee is charged: Public Facility Impact charges are as follows:(440-2600-0000-3660) Residential - Low Density $21,318/unit Residential - High Density $17,936/unit Commercial $3,213/ksf Industrial $1,423/ksf City of Gilroy Impact Fee Revenues and Expenditures For Fiscal Year 2019/2020 Fees are to finance the construction of parks, police, fire and library facilities as identified in the Public Facilities Master Plan based on the need to expand City facility capacity to accommodate new development and pursuant to standards approved by the City Council. * In 2008 the City purchased the Gilroy Gardens Property for $13.7 million, of which there is a remaining balance of approximately $7.0 million. The current negative Fund Balance above includes the remaining loan payable amount that is due in payments over nine years. This amount is shown as a liability in the City's financial system, resulting in the negative balance stated above. 5.C.a Packet Pg. 32 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) FUND 420 - Storm Drain Development Impact Fee Residential - Low Density $564/acre Residential - High Density $886/acre Commercial $1,528/acre Commercial-Assembly Hall $564/acre Industrial $1,128/acre FUND 432 - Street Tree Development Impact Fee City Planting and Replacement $3.06/ff Inspection and Replacement $0.41/ff FUND 433 - Traffic Impact Fee Residential - Low Density $11,908/unit Residential - High Density $9,653/unit Commercial - Low Traffic $13,176/ksf Commercial - High Traffic $26,615/ksf Industrial - General $5,221/ksf Industrial - Warehouse $3,784/ksf FUND 435 - Sewer Development Impact Fee Residential - Low Density $12,501/unit Residential - High Density $6,764/unit Commercial $3,956/cgpd Industrial $3,956/cgpd FUND 436 - Water Development Impact Fee Residential - Low Density $4,294/unit Residential - High Density $1,737/unit Commercial $6,731/kgpd Industrial $6,731/kgpd FUND 440 - Public Facilities Impact Fee Residential - Low Density $21,318/unit Residential - High Density $17,936/unit Commercial $3,213/ksf Industrial $1,423/ksf City of Gilroy Impact Fee Schedule Summary For Fiscal Year 2019/20 5.C.a Packet Pg. 33 Attachment: Gilroy Impact Fee Report FY19-20 (3114 : Development Impact Fee Report Fiscal Year 2019-2020) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Opposing Valley Transportation Authority's 2016 Measure B 10 -Year Funding Plan Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a Resolution of the City Council of the City of Gilroy opposing the Valley Transportation Authority’s 2016 Measure B 10-year outlook base scenario. b) Authorize the Mayor and/or City Administrator to send official correspondence reflecting the City Council's opposition as outlined in the resolution. POLICY DISCUSSION Should the City of Gilroy oppose the Valley Transportation Agency (VTA) 2016 Measure B 10-year outlook which prioritizes funding for Phase II of the Bay Area Regional Transit Authority (BART) and eliminates most funding for all other programs for the next 10 years? BACKGROUND 5.D Packet Pg. 34 In 2016 the voters of Santa Clara County approved the passage of Measure B, a 30 - year, one-half cent sales tax designated to reduce traffic congestion and improve road conditions throughout the County and in local jurisdictions. The City of Gilroy was projected to receive approximately $1 million in annual allocations based on population. The attached memorandum from Santa Clara County Supervisor Simitian outlines the history of the ballot measure including the nine program categories of transportation improvements authorized in the ballot measure, one of which was the Bay Area Regional Transportation (BART) Phase II extension. In summary, the 10-year funding prioritization as present by VTA staff for the BART extension would eliminate the local road improvement program funding for the next 10 years while also delaying funding for Caltrain grade separation/capacity improvements, highway interchanges, county expressways, and State Route 85 corridor improvements. These projects would not receive funding until 2030. ANALYSIS As Supervisor Simitian’s memorandum details, this proposal is 1) In direct contrast with ballot measure language and information that was communicated to the voters, 2) Delays approximately $1 million in local road improvement funds for Gilroy for the next 10 years, and 3) Delays other regional transportation improvements for the next decade. It is recommended that the Council adopt a resolution opposing the proposed prioritization and request that VTA produce a funding plan that recognizes that improvements are now needed in all nine program categories. The plan should balance both BART Phase II funding needs with the need to improve local roads and regional corridors. Council is further requested to authorize the Mayor and/or City Administrator to send correspondence to VTA and other related entities restating the City’s position to oppose the 10-Year Outlook Base Scenario (attached). ALTERNATIVES Council could choose to not approve the resolution, nor authorize the Mayor and/or the City Administrator to re-state the City’s opposition. FISCAL IMPACT/FUNDING SOURCE The City expects to receive approximately $1 million annually in Measure B funds. With 5.D Packet Pg. 35 a delay of 10 years, approximately $11 million would not be immediately available for addressing the City’s road conditions, thus allowing roads to continue to deteriorate. Attachments: 1. Resolution Opposing VTA MEASURE B 10-YEAR Outlook 2. Simitian VTA Memo 3. VTA 2016 Measure B 10 Yr Outlook Base Scenario 5.D Packet Pg. 36 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OPPOSING THE VALLEY TRANSPORTATION AUTHORITY’S 2016 MEASURE B 10-YEAR OUTLOOK BASE SCENARIO WHEREAS, in 2016, the Valley Transportation Authority (VTA) Board of Directors placed before the voters of Santa Clara County Measure B, a one-half cent sales tax measure operative for 30 years that would fund nine program categories, with the primary goals to provide meaningful congestion relief throughout the County and improve road pavement conditions; and, WHEREAS, the nine program categories included in 2016 Measure B are: Local Streets and Roads, BART Phase II, Bicycle/Pedestrian, Caltrain Grade Separation, Caltrain Corridor Capacity Improvements, Highway Interchanges, County Expressways, State Route 85 Corridor, and Transit Operations; and, WHEREAS, BART Phase II is just one of the nine programs authorized in the Measure and is limited to a maximum of 25 percent of the total Measure B revenues; and, WHEREAS, in November 2020, VTA administration began presenting VTA Board of Directors’ advisory committees with a proposed 2016 Measure B 10-Year Outlook Base Scenario, covering program allocations for Fiscal Year 2022 to Fiscal Year 2032, that contain built-in assumptions that are unacceptable to the City of Gilroy; and, WHEREAS, the built-in assumptions are that the BART Phase II project is the highest priority for the next ten years, providing it with first call on the Measure B revenues, and that minimal bonding will be used to fund BART Phase II, which results in little to no Measure B funding being available for the majority of the other Measure B programs during this 10-year period; and, WHEREAS, under the Base Scenario, the six program areas that are currently identified for zero Measure B funding over the ten-year period are Local Streets and Roads, Caltrain Grade Separation, Caltrain Corridor Capacity Improvements, Highway Interchanges, County Expressways, and State Route 85 Corridor; and, WHEREAS, this approach is inconsistent with the promises made to the voters in 2016 because it will not result in meaningful progress being made for all nine programs over the first fifteen years of the measure; rather, progress will be deferred on most programs until the second fifteen years of the measure which violates voters’ and taxpayers’ trust and expectations in approving the Measure; and, WHEREAS, in approving Measure B, voters countywide agreed to pay an increased half cent sales tax for thirty years, thereby instituting one of the highest sales tax rates in the Bay Area and State, yet under the proposed 2016 Measure B 10-Year Outlook Base Scenario only a 5.D.a Packet Pg. 37 Attachment: Resolution Opposing VTA MEASURE B 10-YEAR Outlook [Revision 1] (3118 : Resolution Opposing VTA Measure B Funding) RESOLUTION NO. 2020-XX small portion of the County will benefit and the bulk of county taxpayers will be paying increased taxes and see few significant benefits for a ten-year period; and, WHEREAS, eliminating and/or significantly reducing investments in the other programs will result in worsening congestion throughout the entire County, worsening pavement conditions throughout the entire county, increased costs due to project delays, and increased delays for long lead-time projects; and, WHEREAS, front-loading BART Phase II as proposed in the 2016 Measure B 10-Year Outlook Base Scenario programs the project to receive nearly $2 billion in tax revenues (presumably in inflation-adjusted year of expenditure dollars), without providing similar inflation-adjusted funding for other programs, and notwithstanding the fact that anticipated tax revenues are down (thereby reducing the 25 percent share); and, WHEREAS, it is imperative that the Measure B 10-Year Outlook serve the needs of the entire county to the greatest extent possible and not be focused on a single project to the exclusion of the other essential Measure B programs; and, WHEREAS, the VTA Board of Directors should consider a range of options for the BART Phase II project so other Measure B programs also receive funding during this 10-year period, including approaches such as more aggressive bonding, borrowing other funds, and/or using other funding sources for BART Phase II, as well as the possibility of further phasing or slowing the BART Phase II project. NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy opposes the VTA’s proposed 2016 Measure B 10-Year Outlook Base Scenario and urges the VTA Board of Directors to reject the proposal/scenario; and, BE IT FURTHER RESOLVED that the City of Gilroy urges the VTA Board of Directors to support a Measure B 10-Year Outlook that balances investments among all nine Measure B programs, including avoiding or minimizing reductions in the annual formula programs (Local Streets and Roads, Bicycle/Pedestrian, and Transit Operations) and maintaining progress for the capital projects in the other programs that are already under way during thi s 10- year period, thereby ensuring countywide benefits as promised in the 2016 ballot measure. PASSED AND ADOPTED by the City of Gilroy, State of California, on this 7th day of December, 2020, by the following roll call vote: AYES: NOES: ABSENT: APPROVED: ______________________________ Roland Velasco, Mayor ATTEST: 5.D.a Packet Pg. 38 Attachment: Resolution Opposing VTA MEASURE B 10-YEAR Outlook [Revision 1] (3118 : Resolution Opposing VTA Measure B Funding) RESOLUTION NO. 2020-XX _________________________________ Shawna Freels, City Clerk 5.D.a Packet Pg. 39 Attachment: Resolution Opposing VTA MEASURE B 10-YEAR Outlook [Revision 1] (3118 : Resolution Opposing VTA Measure B Funding) Page 1 of 3 M E M O R A N D U M To: Interested Parties From: S. Joseph Simitian, Supervisor Re: VTA 2016 Measure B Funding Proposal/Scenario Date: November 25, 2020 In 2016, the Valley Transportation Authority (VTA) Board of Directors placed before the voters of Santa Clara County Measure B, a one-half cent sales tax measure operative for 30 years that would fund nine program categories, with the primary goals to provide meaningful congestion relief throughout the County and improve road pavement conditions. Measure B was approved by the voters by over a two-thirds vote. The nine program categories of transportation projects authorized in Measure B are: Local Streets and Roads; BART Phase II; Bicycle and Pedestrian; Caltrain Grade Separation; Caltrain Capacity Improvements; Highway Interchanges; County Expressways; S tate Route 85 Corridor; and Transit Operations. Measure B expressly caps the allocation for BART Phase II at a maximum of 25 percent of Program Tax Revenues, estimated to be about $1.5 Billion. The $1.5 Billion estimate is based on the April 2017 total Measure B revenues forecast of $6.3 Billion as stated in Measure B. This year VTA administration is proposing to establish a 10-year revenue and expenditure outlook exclusively for the Measure B program to include in its budget process. For Measure B, VTA administration have indicated that a combination of revenue shortfalls and the need to prioritize cash spending on the BART Phase II project may require spending deferrals in other Measure B program categories. In November 2020, VTA administration began presenting VTA Board of Directors’ advisory committees with a proposed 2016 Measure B 10-Year Outlook Base Scenario (attached), covering program allocations for Fiscal Year 2022 to Fiscal Year 2032. Among others, presentations were made to the Technical Advisory Committee (TAC) and the Policy Advisory Committee (PAC). S. J OSEPH S IMITIAN S UPERVISOR , F IFTH D ISTRICT S ANTA C LARA C OUNTY COUNTY GOVERNMENT CENTER, EAST WING 70 WEST HEDDING STREET, 10TH FLOOR SAN JOSE, CALIFORNIA 95110 TEL: (408) 299-5050 or (650) 965-8737 FAX: (408) 280-0418 supervisor.simitian@bos.sccgov.org • www.supervisorsimitian.com 5.D.b Packet Pg. 40 Attachment: Simitian VTA Memo (3118 : Resolution Opposing VTA Measure B Funding) Page 2 of 3 The TAC is comprised of one senior staff member (usually the public works or planning director) from each of the county's 15 cities, the County of Santa Clara, and various other local government jurisdictions. The TAC advises the VTA Board on technical aspects of transportation-related policy issues and initiatives. At its November 10 meeting, and in response to the presentation of the 2016 Measure B 10-Year Outlook Base Scenario, the TAC formed an Ad Hoc Committee to work with VTA administration to propose alternate 10-Year Outlook scenarios that balance the funding for BART Phase II with the needs of the other Measure B programs, to ensure Measure B continues to provide countywide benefits, and advise the TAC on a preferred scenario to recommend to the VTA Board of Directors. The PAC is comprised of representatives from each of the 15 cities and the County of Santa Clara. The PAC is intended to ensure that all jurisdictions within the county have access to the development of VTA's policies. At its November 12 meeting, the PAC voted 10-0 to refuse receipt of the informational presentation of the 2016 Measure B 10 -Year Outlook Base Scenario. Both the TAC and PAC reacted negatively to the 2016 Measure B 10 -Year Outlook Base Scenario containing built-in assumptions that result in little to no Measure B funding being available for the majority of the other Measure B programs during the 10-year period. The six program areas that are currently identified for zero Measure B funding over the ten-year period are Local Streets and Roads, Caltrain Grade Separation, Caltrain Corridor Capacity Improvements, Highway Interchanges, County Expressways, and State Route 8 5 Corridor. These assumptions underlying the Base Scenario include placing the BART Phase II project as the highest priority for the next ten years, providing it with first call on Measure B revenues, and proposing minimal bonding to fund BART Phase II. Prioritizing BART Phase II funding over the next 10 years in a way that eliminates and/or significantly reduces investments in the other programs creates significant challenges and risks. These challenges and risks include worsening congestion throughout the entire County, worsening pavement conditions throughout the entire county; increased costs due to project delay; and increased delays for long lead-time projects. The 2016 Measure B 10-Year Outlook Base Scenario programs the BART Phase II project to receive nearly $2 billion in Program Tax Revenues (presumably in inflation -adjusted year of expenditure dollars), without providing similar inflation-adjusted funding for other programs, and notwithstanding the fact that anticipated tax revenues are down (thereby reducing the 25 percent share). The 2016 Measure B 10-Year Outlook Base Scenario also includes debt servicing and financing costs for Fiscal Year 2028 through Fiscal Year 2032 totaling $20 million. These costs are solely attributable to the BART Phase II project, yet they are presented in a separate line item. This approach results in the BART Phase II debt servicing financing costs being charged against overall Program revenues effectively reducing the amount of funding available for the other eight program categories. 5.D.b Packet Pg. 41 Attachment: Simitian VTA Memo (3118 : Resolution Opposing VTA Measure B Funding) Page 3 of 3 It is understood that Measure B is a 30-year program and not all projects can be delivered in the first 10 to 15 years. However, the Measure B 10-Year Outlook needs to serve the entire County to the greatest extent possible, including by avoiding or minimizing reductions in the annual formula programs (Local Streets and Roads, Bicycle/Pedestrian, and Transit Operations) and maintaining progress for the capital projects in the other programs which are already under way. In short, the 10-Year Outlook cannot be focused on a single project to the exclusion of the other Measure B programs. The attached resolution is designed to serve as a vehicle for those who wish to formally oppose the 2016 Measure B 10-Year Outlook Base Scenario and urge the VTA Board of Directors to reject the Base Scenario. The resolution also calls on the VTA Board to support a Measure B 10 - Year Outlook that balances the investments among the nine Measure B programs , thereby ensuring Countywide benefits as promised in the 2016 ballot measure. Finally, the resolution encourages the VTA Board of Directors to consider options for the BART Phase II project so other Measure B programs also receive funding during the 10-year period, including approaches such as more aggressive bonding, borrowing other funds, and/or using other funding sources for BART Phase II, as well as the possibility of further phasing or slowing the BART Phase II project. 5.D.b Packet Pg. 42 Attachment: Simitian VTA Memo (3118 : Resolution Opposing VTA Measure B Funding) 5.D.c Packet Pg. 43 Attachment: VTA 2016 Measure B 10 Yr Outlook Base Scenario (3118 : Resolution Opposing VTA City of Gilroy STAFF REPORT Agenda Item Title: Authorize Acceptance of a $1,000 Sponsorship Donation from Gilroy Chevrolet Cadillac to Support City Recreation Youth Sports Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Adam Henig Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Authorize the City Administrator to accept a $1,000 sponsorship donation from Gilroy Chevrolet Cadillac to support City Recreation activities. BACKGROUND As part of the 2020 Chevy Youth Sports 2020 Program, the Gilroy Chevrolet dealership has offered to donate $1,000 to the Recreation Division Youth Sports program. In exchange for the company’s generosity, the City of Gilroy would include dealership advertising in various Division advertisements and announcements. There are no other terms and conditions associated with this donation. In early November, a Chevrolet representative from their corporate offices approached city staff about participating in the Chevy Youth Sports 2020 program. Initially, the 5.E Packet Pg. 44 automaker wanted to sponsor the Youth Soccer League, but staff informed them that the league was not operating as a result of Covid-19 and lack of available staff. City staff suggested another sports program to sponsor that was also run by the City, Soccer Skills and Drills, which is taught by city part-time staff. Gilroy Chevrolet supported the idea and decided to continue with sponsorship of the program. ALTERNATIVES Council can decide not to approve the donation. FISCAL IMPACT/FUNDING SOURCE Acceptance of the donation would help offset recreation program costs. 5.E Packet Pg. 45 City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of the Official Canvass of the November 3, 2020 Municipal Election Results Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy Declaring the Acceptance of the Statement of Vote and Certification of the November 3, 2020 Municipal Election. EXECUTIVE SUMMARY A general municipal election was held and conducted in the City of Gilroy on Tuesday, November 3, 2020 for the election of three members to the City Council and one Mayor, all full four-year, as required by law and the Charter of the City. The election was consolidated with the County and the results of the election have been canvassed by the Registrar of Voters, and certified by the City Clerk. The Council has before it a Resolution to accept these elections results. 6.A Packet Pg. 46 BACKGROUND Three seats on the City Council and one Mayor’s seat expire in December of 2020. The City consolidated election services with the Santa Clara County Registrar of Voters in accordance with City Charter Sections 1400 and 1402, and following all provisions of the California Elections Code with regards to the election of candidates and municipal initiative measures. The Registrar established sixteen (16) voting precincts on November 3, 2020 for the purpose of holding the municipal election and provided all election services. The Registrar of Voters has canvassed the returns of the election and has submitted them to the City Clerk. As elections official the City Clerk has certified the canvass of the results of the November 3, 2020 election. The governing body is now required to adopt a resolution reciting the fact of the election and declaring elected the persons for whom the highest number of votes was cast for each office. The following candidate had the highest number of votes cast in the canvass of returns for the office of Mayor for a full four year term: MARIE BLANKLEY The following three candidates had the highest number of votes cast in the canvass of returns for the office of City Council for full four year terms: REBECA ARMENDARIZ, ZACHARY HILTON and FRED TOVAR Elections Code Section 10263 (b) requires the governing body to meet at its usual place of meeting no later than the next regularly scheduled meeting following presentation of the 30-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. CONCLUSION Staff recommends the Council adopt the Resolution accepting the certification of the November 3, 2020 election results. Attachments: 1. Resolution 2020 Election Certification 2. Certification of Election 2020 Canvass 6.A Packet Pg. 47 1 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE CERTIFICATION OF THE CANVASS OF THE GENERAL MUNICIPAL ELECTION AND DECLARING RESULTS OF SAID ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 3, 2020 BE IT RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this City Council a general municipal election was held and conducted in the City of Gilroy on Tuesday, the 3rd day of November, 2020 as required by law and the Charter of said City, as amended; and WHEREAS, notice of said general election was duly and legally given; voting precincts were properly established; election officers were appointed and election supplies furnished; and in all respects the election was held and conducted, and the votes cast there at received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the vote by mail ballots cast thereat, pursuant to direction and order of the City Council of the City; and WHEREAS, said canvass was duly completed and the results thereof were certified by the City Clerk and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California on Tuesday, November 3, 2020 in the time and in the form and manner as required by law. 2. That there were established sixteen (16) voting precincts for the purpose of holding 6.A.1 Packet Pg. 48 Attachment: Resolution 2020 Election Certification (3083 : Certification of Election Results) 2 RESOLUTION NO. 2020-XX said municipal election consisting of either regular election precincts established for holding state or county elections, or a consolidation of some or all of such precincts, as follows: CONSOLIDATED PRECINCT NO. 4941, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4942, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4943, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4944, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4945, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4946, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors CONSOLIDATED PRECINCT NO. 4949, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors CONSOLIDATED PRECINCT NO. 4950, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4954, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4956, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4958, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4965, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4969, comprising state and county precincts 6.A.1 Packet Pg. 49 Attachment: Resolution 2020 Election Certification (3083 : Certification of Election Results) 3 RESOLUTION NO. 2020-XX designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4971, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4973, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 4974, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. 3. The canvass of the returns of the votes cast and the counting of vote-by-mail ballots cast in said City for the Office City Council Member and the Office of Mayor was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law, and the Registrar of Voters has executed a certificate of the results of such canvass, which certificate is hereto attached, as Exhibit "B" and by this reference is made a part hereof. 4. Per Elections Code Section 10262 (b), said certificate of results has been examined by the City Clerk and has been certified by her to be complete, which certification is hereto attached, as Exhibit "A" and by this reference is made a part hereof . 8. Said certificate has been examined and is hereby approved and adopted by this City Council as the official canvass of said municipal election as required by Elections Code Section 10263. 9. The whole number of votes cast in the City of Gilroy at said municipal election, including vote-by-mail votes was 25,432. 10. The names of the persons voted for, the offices for which they were voted, the number of votes received by each of said persons in each of said precincts and by vote by mail votes are shown on said Exhibit "B", attached hereto. 11. At said general municipal election held in the City of Gilroy held on November 3, 2020, the following persons were elected to the following offices: Marie Blankley was elected as Mayor to hold office for a term of four years, from and after Monday, December 7, 2020, and continuing until her respective successor shall qualify. 6.A.1 Packet Pg. 50 Attachment: Resolution 2020 Election Certification (3083 : Certification of Election Results) 4 RESOLUTION NO. 2020-XX Zach Hilton was elected as member of the City Council to hold office for a term of four years, from and after Monday, December 7, 2020, and continuing until his respective successor shall qualify. Fred M. Tovar was elected as member of the City Council to hold office for a term of four years, from and after Monday, December 7, 2020, and continuing until his respective successor shall qualify. Rebeca Armendariz was elected as member of the City Council to hold office for a term of four years, from and after Monday, December 7, 2020, and continuing until her respective successor shall qualify. 12. The City Clerk shall make out and deliver to each of the persons elected a certificate of election, witnessed by her hand and duly authenticated. She shall also provide the constitutional oath of office to each elected official, and ask them to subscribe thereto. 13. The City Clerk shall enter this resolution in full in the minutes of this City Council as a statement of the result of said general municipal election. PASSED AND ADOPTED this 7th day of December, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 6.A.1 Packet Pg. 51 Attachment: Resolution 2020 Election Certification (3083 : Certification of Election Results) 6.A.2 Packet Pg. 52 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 53 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 54 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 55 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 56 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 57 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 58 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 59 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 60 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 61 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 62 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 63 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 64 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 65 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 66 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 67 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 68 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 69 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 70 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 71 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 72 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 73 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 74 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 75 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 76 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 77 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 78 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 79 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 80 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 81 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) 6.A.2 Packet Pg. 82 Attachment: Certification of Election 2020 Canvass (3083 : Certification of Election Results) City of Gilroy STAFF REPORT Agenda Item Title: Declaration of a Vacancy on the City Council and Consideration of Filling Said Vacancy Until a Successor is Elected at the Next General Municipal Election of November 8, 2022 Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy declaring a vacancy on the City Council b) Consideration of filling said vacancy by appointment (which could include immediate appointment and swearing in of newly appointed Council Member), special election or the opening of a recruitment, until a successor is elected at the next General Municipal Election of November 8, 2022. BACKGROUND Following the election of Council Member Marie Blankley as Mayor November 3, 2020, her council seat with an unexpired term ending November, 2022 has become vacant. In accordance with Charter Section 406 “Vacancies” the Council shall declare the 9.A Packet Pg. 83 existence of a vacancy and shall fill the vacancy by appointment. In the event the Council fails to fill the vacancy by appointment within thirty (30) days, it shall cause an election to be held to fill such vacancy. Charter: “A vacancy in an elective office, from whatever cause arising, shall be filled by appointment by the Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. The Council shall declare the existence of any vacancy. In the event the Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.” Historically, there have been various options chosen by the City Council in appointing to fill a vacant seat on Council following an election, such as: selecting the candidate during the last election with the next highest number of votes, taking applications from interested persons to fill the open seat, and appointing an individual without application. Here is a synopsis of past appointments following an election:  December, 1962 - Chester Eckard was appointed to serve in Kenneth Petersen’s seat on Council when Kenneth was appointed as Mayor to finish a term vacated when the Mayor was elected to the County Board of Supervisors. Chester had been on the Planning Commission, but had not run for City Council.  November, 1983 - Jack Pate was appointed to Council when Roberta Hughan was elected Mayor. Though he was a former City Council Member, Jack had not run for office in 1983. Charles Larson, Jr. had also shown an interest in the seat, and was the candidate with the next highest number of votes during the 1983 election.  November, 1997 - Lisabeth Gifford was appointed to Council when Mike Gilroy was elected Mayor. She had run for Council during the 1997 election and was the candidate with the next highest number of votes.  January, 2016 – Daniel Harney was appointed to serve in Council Member Perry Woodward’s seat when Perry was appointed as Mayor to serve in a seat vacated by Mayor Don Gage. Applications were taken during a 3 week rec ruitment period and extensive interviews were conducted. 9.A Packet Pg. 84  December, 2016 – Daniel Harney was appointed to the Council when Council Member Roland Velasco was elected Mayor. He was appointed without an application or interview process.  Following the unfortunate passing of Council Member Paul Kloecker on December 15, 2017 – interviews were held and Marie Blankley was appointed to fill the vacancy until the next General Municipal election November 6, 2018 FISCAL IMPACT/FUNDING SOURCE If the Council chooses to forgo an appointment, causing a special election to fill the seat, costs to hold a stand-alone special election are estimated at over $300,000. CONCLUSION The City Council has the option of appointing a member to Council at this meeting, opening a recruitment period to take applications for appointment at a subsequent meeting, or taking no action, causing a special election to occur. PUBLIC OUTREACH If the Council wishes to open a recruitment period, an application has been prepared to assist in this effort. Any recruitment to fill this vacant seat will be publicized on the city website, channel 17, through all city social media outlets and will be posted within city offices. Attachments: 1. Resolution Declaring Vacant City Council Seat v1 9.A Packet Pg. 85 RESOLUTION NO. 2020-XX RESOLUTION 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING A VACANCY IN THE OFFICE OF CITY COUNCIL WHEREAS, Marie Blankley was elected to the Gilroy City Council for a 4-year term at a duly called and ordered General Municipal Election held in the City on November 6, 2018; and WHEREAS, Council Member Blankley was elected as Mayor November 3, 2020; and WHEREAS, a vacancy of one (1) seat in the office of City Council of the City of Gilroy exists as a result of the election of Council Member Blankley as Mayor, effective December 7, 2020; and WHEREAS, the Charter of the City of Gilroy Section 406 governs the process to fill a vacancy in the office of City Council; and WHEREAS, in the event the Council fails to fill the vacancy by appointment within thirty (30) days after the office becomes vacant, it shall cause an election to be held to fill such vacancy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY: 1. That the Council hereby declares a vacancy in the office of City Council as of December 7, 2020. 2. That, pursuant to the Charter of the City of Gilroy Section 406, the member of the Council who fills said vacancy shall serve for the remaining 2 years of the vacant 4-year term, until the next General Municipal Election to be held on November 8, 2022 is certified. PASSED AND ADOPTED by the City Council of the City of Gilroy on this 7th day of December, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 9.A.a Packet Pg. 86 Attachment: Resolution Declaring Vacant City Council Seat v1 (3108 : 2020 Council Vacancy) RESOLUTION NO. 2020-XX ABSENT: COUNCILMEMBERS: APPROVED: ____________________________________ _ Marie Blankley, Mayor ATTEST: ____________________________________ Shawna Freels, City Clerk 9.A.a Packet Pg. 87 Attachment: Resolution Declaring Vacant City Council Seat v1 (3108 : 2020 Council Vacancy) City of Gilroy STAFF REPORT Agenda Item Title: Selection of Mayor Pro Tempore Following the November 3, 2020 General Election Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: City Council Submitted By: Marie Blankley Prepared By: Marie Blankley Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Elect a Mayor Pro Tempore for calendar year 2021. RECOMMENDATION The City Charter contains the requirement to elect a Mayor Pro Tempore following the “election or appointment of a member to the Council.” Following the recent election of November 3, 2020, it is appropriate that the Council elect a new Mayor Pro Tempore for calendar year 2021. BACKGROUND AND ANALYSIS Section 502 of the Charter is entitled “Mayor Pro Tempore,” and describes the following: 9.B Packet Pg. 88 “At the first meeting of the Council following the election or appointment of a member to the Council, the Council shall elect one of its members as Mayor Pro Tempore who shall act as Mayor during the absence or inability of the Mayor to act. In the case of the temporary absence or disabilit y of both the Mayor and the Mayor Pro Tempore, the Council shall elect one of its members to act as Mayor Pro Tempore.” As new Council members have started their terms on December 7, 2020, it is now appropriate that the Council elect a new Mayor Pro Tempo re to serve during calendar year 2021. 9.B Packet Pg. 89 City of Gilroy STAFF REPORT Agenda Item Title: Consideration of Council Members to Serve in Regional Representative Seats and Suggested Appointees to Serve on the Gilroy Economic Development Corporation Board, Gilroy Economic Development Partnership, Gilroy Downtown Business Association Board and Visit Gilroy California Welcome Center Gilroy Board for 2021 Meeting Date: December 7, 2020 From: Jimmy Forbis, City Administrator Department: City Council Submitted By: Marie Blankley Prepared By: Marie Blankley Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Discussion and possible appointment of Council Members to serve in regional representative seats and suggested appointees to serve on the Gilroy Economic Development Corporation Board, Gilroy Economic Development Partnership, Gilroy Downtown Business Association Board and Visit Gilroy/California Welcome Center Gilroy Board for 2021. BACKGROUND 9.C Packet Pg. 90 Each year the Council selects members to serve as representatives to various regional organizations and agencies including:  ABAG  CalTrain Policy Group  Cities Association Santa Clara County Board of Directors  Economic Development Corporation Board (suggested for EDC Board appointment)  Gilroy Economic Development Partnership (suggested for EDC Board appointment)  Gilroy Youth Task Force  Gilroy Downtown Business Association Board (suggested for GDBA Board appointment)  Gilroy Gardens Board of Directors  Gilroy Sister Cities Association  Historic Heritage Committee  Recycling and Waste Reduction Commission  Santa Clara County Expressway Plan 2040 Policy Advisory Board  Santa Clara Co. Library Joint Powers Authority  Santa Clara Valley Water Committee  Santa Clara Valley Water District Joint Council-SCRWA–Board Water Resources Committee  Santa Clara Valley Habitat Agency Governing Board  Santa Clara Valley Habitat Agency Implementation  Silicon Valley Regional Interoperability Authority  Silicon Valley Clean Energy Authority Joint Powers Authority Board  South County Regional Wastewater Authority  South County United for Health  South County Youth Task Force Policy  Street Naming Committee  Valley Transportation Authority Board of Directors (alternate)  Valley Transportation Authority Committee for Transit Accessibility, IV Representative.  Valley Transportation Authority Mobility Partnership  Valley Transportation Authority South County City Group  Valley Transportation Authority Policy Advisory Committee  Visit Gilroy California Welcome Center Gilroy Board (suggested for Visit Gilroy Board appointment) CITY COUNCIL AD-HOC SUB-COMMITTEES  Unreinforced Masonry Building (URM) Task Force Sub-Committee  California High Speed Rail Sub-Committee  Homelessness Task Force  Economic Development Ad Hoc Committee – Sharks Org.  Budget Ad Hoc Committee – Glen Loma Fire Station Staffing 9.C Packet Pg. 91 Suggested appointees to serve on the Gilroy Economic Development Corporation Board, Gilroy Economic Development Partnership, Gilroy Downtown Business Association Board and Visit Gilroy California Welcome Center Gilroy Board are recommendations only, and each of these Boards independently makes their appointment decision. Each organization will be contacted and will agendize the recommended appointment at their next meeting. CONCLUSION This evening the Council is considering placement of the members to serve in these representative seats for 2021. Attachments: 1. Council Member Representative Boards w-sub committees 9.C Packet Pg. 92 Key – a comma between names denotes the member, then the alternate; a backslash between names denotes more than one seated member on the respective board/committee. For consideration 12/7//2020 CITY OF GILROY CITY COUNCIL REPRESENTATIVES & ADVISORY COMMITTEES Organization/Board Representative & Alternate ABAG (510) 464-7900 Leroe-Muñoz, Blankley ABAG is the official comprehensive planning agency for the San Francisco Bay area region. ABAG's mission is to strengthen cooperation and coordination among local governments. In doing so, ABAG addresses social, environmental, and economic issues that transcend local borders. (General Assembly meetings are held in the spring and fall each year) CalTrain Policy Group (650) 508-6493 Tucker, Leroe-Muñoz The Local Policy Maker Group (LPMG) meets every month on the fourth Thursday at 5:30 p.m. in the Edward J. Bacciocco Auditorium located on the second floor at SamTrans Administrative Offices, 1250 San Carlos Ave., San Carlos. The office is located two blocks west of the San Carlos Caltrain Station Cities Association Santa Clara Co. Bd. of Directors 730-7770 Tucker, Blankley The Santa Clara County Cities Association was formed to represent the mutual interests of the diverse 15 cities in Santa Clara County, to present a unified voice for the cities in dealing with agencies, organizations and various levels of government. (Meets the 2nd Thursday of each month at 7:00 p.m., Sunnyvale City Hall) Economic Development Corporation Board 847-7611 Velasco/Blankley (Suggested for EDC Board appointment) The Economic Development Corporation was formed to achieve Gilroy’s long range goal of continuing economic vitality. Economic development services include: site selection assistance, project facilitation, incentive packages, finance referrals, permit coordination/streamlining, technical assistance, market research, and training programs and grants. (Meets the 2nd Wednesday of each month at 7:30 a.m., Gilroy Chamber Board Room) Gilroy Economic Development Partnership Suggested for EDC Board appointment) Gilroy Downtown Business Assoc. Board 607-2491 Marques, Bracco (Suggested for GDBA Board appointment) The purposes of the corporation are to stimulate economic development through organization (encouraging cooperation and building leadership in the business community); promotion (creating a positive image for downtown by promoting the downtown as an exciting place to live, shop and invest); design (improving the appearance of downtown); economic restructuring (strengthening and expanding the economic base of the downtown) and to receive, administer and distribute funds in connection with any activities related to the above purposes. (Meets 1st Tuesday of each month at 6:00 p.m. at the Gilroy Downtown Business Association Office, 7780 Monterey St.) Gilroy Gardens Board of Directors 840-7100 Marques Gilroy Gardens Board of Directors is a non-profit educational institution whose mission is to educate and inspire families, especially children, to appreciate horticulture and the importance of trees in our lives by providing fun and memories in a beautiful garden setting. (Meets the 2nd Thursday of each month from 3-5 p.m., Gilroy Gardens Operations Office Board Room) 9.C.a Packet Pg. 93 Attachment: Council Member Representative Boards w-sub committees (3117 : Council Member 2021 Representative Seats) Key – a comma between names denotes the member, then the alternate; a backslash between names denotes more than one seated member on the respective board/committee. For consideration 12/7//2020 Gilroy Sister Cities Association 310-8059 Blankley, Bracco The association furthers positive relations under the umbrella of Sister Cities International, funding and arranging student exchanges and tours of dignitaries from Gilroy’s six sister cities from the countries of Japan, France, Italy, Portugal, Mexico and Palau to foster deeper cross-cultural understanding and global cooperation towards sustainable economic and community development. (Meets the 2nd Tuesday of each month at 6:00 p.m., at Brownell School) Gilroy Youth Task Force 846-0310 Leroe-Muñoz, Blankley The specific purpose of this corporation is to eliminate illegal gang activity, graffiti and illegal alcohol and drug sales, distribution, and use within the Gilroy area and to provide the education, the skills and community activities to promote a drug and gang free lifestyle, in order to maintain and enhance the quality of life in Gilroy. (Meets annually in January at the Gilroy Senior Center Meeting Room) Historic Heritage Committee 846-0440 Leroe-Muñoz, Velasco The purpose of the Historic Heritage Committee is to act as an advisory board to the City Council and Planning Commission on issues relating to the identification, protection, retention and preservation of historic sites and historic neighborhoods in the City of Gilroy. (Meets the 3rd Wednesday of each month at 4:30 p.m., City Council Chambers, City Hall) Recycling and Waste Reduction Commission 282-3180 Tovar The 10 member commission serves as the principal advisory body to City Councils and the Board of Supervisors on countywide solid waste planning issues and meets the 4th Wednesday of every even numbered month at 5:30 p.m. in the Board Chambers at the County Government Center, 70 West Hedding Street, 1st Floor, San Jose. (Morgan Hill serves as Alternate) Santa Clara Co. Expressway Plan 2040 Policy Advisory Bd. 573-2438 Tovar The PAB provides an elected officials’ forum for policy input to the Expressway Plan 2040 – a long range plan for the eight county expressways and transportation corridor (Meets 5 times per year at 6:30 p.m., SCC Board of Supervisors Chambers, 70 W. Hedding St. San Jose.) Santa Clara Co. Library Joint Powers Authority 293-2326 x 3090 Bracco, Tovar Provides policy direction and governance for the Santa Clara County Library District and oversees the County library budget, services and programs for the service areas. (Meets the 4th Thursday of the months of: January, February, April, October, and the 1st Thursday in June at 1:30 p.m., County Library Admin Office, 14600 Winchester Blvd., Los Gatos) SC Valley Habitat Agency Governing Board 779-7261 Tucker/Velasco, Marques The SC Valley Habitat Agency established a two-tiered governance structure, consisting of a Governing Board and an Implementation Board. The four Local Partners (Santa Clara County, Gilroy, Morgan Hill and San Jose) form the Governing Board for the Implementing Agency. (meets a minimum of twice annually the third Thursday of March and September at 4 p.m. at 535 Alkire Ave Suite 100, Morgan Hill, CA 95037 SC Valley Habitat Agency Implementation Board 779-7261 Tucker/Velasco, Marques The SC Valley Habitat Agency Implementation Board is comprised of the four Governing Board members, together with two Habitat Plan permittees, the Santa Clara Valley Water District and VTA. The Board oversees the majority of the operations of the Habitat Agency. Meets the third Thursday of even numbered months at 4 pm. at 535 Alkire Ave Suite 100, Morgan Hill, CA 95037 Santa Clara Valley Water Commission 630-2883 Leroe-Muñoz, Tovar The Water Commission assists the Board with issues pertaining to water supply and water quality, as well as policy matters that are of interest to the cities and Santa Clara County. (Meets quarterly Jan, April, July and October from 12:00 p.m. – 2:00 p.m., SCVWD Board Room.) SCVWD Joint Council-SCRWA–Board Water Resources Comm 630-2408 9.C.a Packet Pg. 94 Attachment: Council Member Representative Boards w-sub committees (3117 : Council Member 2021 Representative Seats) Key – a comma between names denotes the member, then the alternate; a backslash between names denotes more than one seated member on the respective board/committee. For consideration 12/7//2020 Bracco/Blankley This 6 member Committee shall advance common South County water interests and receive input on future needs for groundwater management in the Llagas groundwater sub-basin; facilitate policy discussion and sharing of technical information on water supply planning for South County; identify demand for recycled water and share technical information on its use, and implement the South County Recycled Water Master Plan. (Meets quarterly at SCRWA Treatment Plant) Silicon Valley Regional Interoperability Authority Board Leroe-Muñoz The nine person SVRIA Board of Directors provide strategic guidance to staff and the Working Committee, review and approve the annual budget, hire the Executive Director and General Counsel, and provide oversight to SVRIA activities. The Silicon Valley Regional Interoperability Authority (SVRIA) exists to identify, coordinate and implement communications interoperability solutions to its member agencies to seamlessly integrate voice and data communications between law enforcement, fire and rescue service, emergency medical services and emergency management for routine operations, critical incidents and disaster response and recovery. SVRIA also provides strategic planning support for its members. (Meets quarterly in March, June, September and November) Silicon Valley Clean Energy Authority JPA Board 721-5301 Tovar, Marques Twelve communities in Santa Clara County formed a Joint Powers Agency named the Silicon Valley Clean Energy Authority (SVCE), a local non-profit public agency that will run a Community Choice Energy (CCE) program. (Meetings are held on the second Wednesday of each month at 7:00 pm at the Santa Clara County Board Room located at 70 W Hedding St in San Jose). South County Regional Wastewater Authority 848-0480 (SCRWA) Bracco/Blankley/Tovar, Velasco Serves as the governing body of the Authority which provides the treatment and disposal of wastewater and recycled water for the cities of Gilroy and Morgan Hill. (Meets the 1st Wednesday of each month at 8:00 a.m., SCRWA Treatment Plant) South County United for Health 299 – 5010 Tovar Comprised of the members of Gilroy and Morgan Hill promotes the health benefits (physical/mental) of existing programs and activities for park users and addresses active & safe Transportation to increase the number of people walking/riding bikes to school/work along with other healthy life choices (Meets 4 times per year from 10 a.m. at the Morgan Hill Community Center) South County Youth Task Force Policy Team Leroe-Muñoz, Bracco Formed to address the influences and impacts of gangs on south county youth and their communities to reduce juvenile delinquent behaviors, reduce recruitment of youth into gangs, and reduce gang violence within the boundaries of Gilroy, Morgan Hill and the unincorporated County areas of San Martin. (Meets the 1st Thursday of even-numbered months 1:30-3:30 p.m., alternating between Gilroy and Morgan Hill). Street Naming Committee 846-0440 Bracco/Tucker/Tovar Recommends street names to the City Council for new City of Gilroy general planned collectors, arterials and expressways and recommends proposed changes to existing street names. (Meets Thursdays as needed, 9:30 a.m., Planning Conf. Room, City Hall) Visit Gilroy California Welcome Center Board 842-6436 Tucker (Suggested for Visit Gilroy Board appointment) The Welcome Center is in place to enhance the image and economy of the City by marketing the city and assisting to facilitate a viable business community. (Meets the 3rd Thursday of each month at 8:00 a.m., in various Gilroy locations) VTA Board of Directors 321-5680 Blankley (alternate) (Gilroy-Morgan Hill rotation) VTA Board of Directors sets VTA policy, amends the VTA 9.C.a Packet Pg. 95 Attachment: Council Member Representative Boards w-sub committees (3117 : Council Member 2021 Representative Seats) Key – a comma between names denotes the member, then the alternate; a backslash between names denotes more than one seated member on the respective board/committee. For consideration 12/7//2020 Administrative Code, supports or opposes state or federal legislation, adopts the annual VTA budget, approves collective bargaining agreements and recommends major capital improvement projects to the appropriate regional, state and federal funding authorities. (Meets the 1st Thursday of each month at 5:30 p.m., SCC Board of Supervisors Chambers, 70 W. Hedding St. San Jose.) VTA Committee for Transit Accessibility, IV Rep. 321-5680 Tovar, Marques The Committee for Transit Accessibility advises the Board on bus and rail accessibility issues, paratransit service, public facilities and programs and VTA's efforts to fully comply with the federal Americans with Disabilities Act regulations. (Meets quarterly the 2nd Wednesday of the month at 1 p.m., Bldg A Auditorium, VTA 3331 N. First Street, San Jose) VTA Mobility Partnership 321-5907 Leroe-Muñoz/Velasco Comprised of San Benito Co. Board Members, Gilroy, Hollister and Morgan Hill Council Members and VTA technical staff to jointly look at the highway 152 and 25 corridors. (Meets bi-monthly in Gilroy City Council Chambers) VTA South County City Group 321-5858 Blankley, Velasco The Cities of Gilroy and Morgan Hill represent the interests of the cities to the VTA Policy Advisory Committee (Meets the 1st Tuesday of the month rotating between Gilroy and Morgan Hill) VTA Policy Advisory Committee 321-5680 Blankley, Tovar The PAC ensures that all jurisdictions within the county have access to the development of VTA's policies. (Meets the 2nd Thursday of each month at 4:00 p.m. in Conference Room B104, VTA River Oaks Campus, San Jose) CITY COUNCIL SUB-COMMITTEES Homelessness Taskforce Bracco/Marques/Tovar URM Task Force Sub-Committee Marques/Velasco California High Speed Rail Sub-Committee TBD Economic Development Ad Hoc Committee–Sharks Org. Bracco/Marques/Tovar Budget Ad Hoc Committee-Glen Loma Fire Station staffing Blankley/Tucker/Velasco 9.C.a Packet Pg. 96 Attachment: Council Member Representative Boards w-sub committees (3117 : Council Member 2021 Representative Seats)