Meeting
  City Council
MAYOR
Marie Blankley
     
  Agenda
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA  95020

CITY COUNCIL - REGULAR MEETING 6:00 PM
MONDAY JUNE 17, 2019		 COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tover

CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
 
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.

COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL.  Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker.  Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.

Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA  95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting.  Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting.  If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204.  

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing.  Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. 

A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.
 
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
 
If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].
 
To access written translation during the meeting, please scan the QR Code or click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:

bit.ly/3FBiGA0

Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

The agenda for this City Council - Regular Meeting is as follows:
 
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Recognizing SCRWA as 1st Place Plant of the Year and Plant Operator of the Year by the California Water Environment Association
INTERVIEWS
Interviews for One Open Seat on the Personnel Commission
III. PRESENTATIONS TO THE COUNCIL
PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.)
A. Gilroy Downtown Business Association Annual Presentation to Council
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority, South County Youth Task Force Policy Team (alternate), Street Naming Committee
Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board
Council Member Blankley - ABAG, Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group
Council Member Marques - Gilroy Downtown Business Association Board, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate)
Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate)
Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership
Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens Board of Directors, Historic Heritage Committee (alternate), South County Joint Planning Advisory Committee, South County Regional Wastewater Authority (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate)
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
A. Minutes of the June 3, 2019 Regular Meeting
B. Approval of a First Amendment to the Agreement with Santa Clara County for Countywide Household Hazardous Waste Collection
C. First Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services
D. Approval of Property Improvement Agreement No. 2019-02 and Final Map for Eagle Ridge Kroeger Development Tract 10401, Assessor Parcel Numbers 810-41-001 and 841-72-036
E. Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2019-2020 Budget Amendment to Memorialize Funding From the County of Santa Clara Probation Department for the South County Youth Task Force and Neighborhood Safety Unit Funding, Fund 227
F. Fiscal Year 2019 Third Quarter Budget Update
G. Approval of a Master Agreement and Program Supplement Agreement with the State of California Department of Transportation for Federal Aid Projects for the Downtown Monterey Road Rehabilitation Project, 18-PW400, Federal Aid Project No. STPL-5034(027); and Authorize the City Administrator to Execute the Agreement.
H. Acceptance of a Board of State and Community Corrections Grant in the Amount of $81,099 and Addition of Grant Monies into the Fiscal Year 2020 Budget in Fund 249-1400-6315
I. Approval of Reestablishing the Use of the Residential Development Ordinance Interim Exemption, Gilroy City Code Section 30.50.60 (b) (2) l Entitled “RDO Interim Exemption for Projects on Properties without Previously Awarded Allocations”
J. Approval of the Transfer of $571.77 of Interest Income From the Museum Vase Endowment Trust Fund 814 to the Gilroy Museum Fund 801
K. Approval of a Proposed City Council Policy for the Submittal of General Plan Amendment Applications
L. Adoption of a Resolution of the City Council of the City of Gilroy Opposing Assembly Bill No. 516 Which Would Override the Cities Authority to Remove Vehicles from the Public Right-of-Way
M. Approval of an On-Call Consultant Selection List for Land Surveying, Plan Review, and Project Management Services, Project No. 19-RFQ-PW-425
N. Claim of Michelle Lynn Diaz (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
A. Approval of a Fiscal Year 2018-2019 Budget Amendment in the Amount of $193,603 in Gas Tax Fund 213 and Approval of a Second Amendment to the Agreement With BKF Engineers in the Amount of $38,500 for Project Management, Construction Engineering Services, and Public Outreach Support for the Monterey Road Rehabilitation Project No. 18-RFP-PW-400
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
B. Adoption of a Resolution of the City Council of the City of Gilroy Amending the Fiscal Year 2018-2019 Budget in the Amount of $1,717,044, and Approval of a Contract in the Amount of $1,560,949 with a Project Contingency of $156,095 (10%) with Granite Rock Company for Construction of the Downtown Monterey Road Rehabilitation Project No. 18-PW-400, Federal Project No. RSTP/STPL-5034 (027)
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Approval of an Agreement in the Amount of up to $442,251 for Services with Innovative Claims Solutions, Inc. for Workers Compensation Program Claims Administration
1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
D. Approval of the Proposed Scope and Schedule for the Completion of the General Plan Update, Zoning Code Update, and Infrastructure Master Plan Updates, Adoption of a Resolution Amending the Fiscal Year 2019-2020 Operating Budget in the Amount of $132,397, and Approval of an Amendment to the Agreement With Mintier Harnish in the Amount of $386,723
1. Staff Report: Greg Larson, Interim Community Development Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
VIII. PUBLIC HEARINGS
A. Acceptance of the of the Public Health Goal Report for Gilroy Drinking Water System in Accordance with California Health and Safety Code 116470
1. Staff Report: Girum Awoke, Public Works Director
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy ordering the City Administrator to abate or cause to be abated, blight conditions which constitute a public nuisance on 10 West Seventh Street.
b) Adopt a resolution of the City Council of the City of Gilroy ordering the City Administrator to abate or cause to be abated, blight conditions which constitute a public nuisance on 7574 Monterey Street.
c) Continue the public hearing for the abatement of blight conditions which constitute a public nuisance for 7568 Monterey Street.
B. Public Hearing for the Abatement of Blight Conditions Which Constitute a Public Nuisance on Properties Located at 10 West Seventh Street, 7574 Monterey Street and 7568 Monterey Street
1. Staff Report: Scott Barron, Code Enforcement Officer
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy ordering the City Administrator to abate or cause to be abated, blight conditions which constitute a public nuisance on 10 West Seventh Street.
b) Adopt a resolution of the City Council of the City of Gilroy ordering the City Administrator to abate or cause to be abated, blight conditions which constitute a public nuisance on 7574 Monterey Street.
c) Continue the public hearing for the abatement of blight conditions which constitute a public nuisance for 7568 Monterey Street.
IX. UNFINISHED BUSINESS
A. Appointment of Member to the Personnel Commission with a Term Ending December 31, 2022
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
B. Consideration of an Amendment to the Economic Development Incentive Policy with the Addition of a Downtown Commercial Corridor Development Incentive
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Consideration of a Proposed Downtown Facade Improvement Pilot Program for Fiscal Year 2019-2020
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
X. INTRODUCTION OF NEW BUSINESS
A. Adoption of Resolutions Authorizing the Gilroy Historical Society to Apply for Grants Through the Historic Grant Program of Santa Clara County
1. Staff Report: Maria De Leon, Recreation Department Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
B. Council Consent to the Appointment of Greg Larson as Interim Community Development Director
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Approval of a 2% Salary Increase for City Clerk Shawna Freels
1. Staff Report: Mayor Roland Velasco, Mayor
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
D. Approval to Enter into a Non-Disclosure Agreement with SAIC Innovation Center, LLC to Conduct Due Diligence for the Purpose of Exploring the Feasibility of an Autonomous Vehicle Test Pilot Program in the City of Gilroy
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
XI. CITY ADMINISTRATOR'S REPORTS
A. Presentation of the Proposed Use of Small Unmanned Aerial Systems in Public Safety
1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
XII. CITY ATTORNEY'S REPORTS
ADJOURNMENT