COUNCIL AGENDA MAYOR. COUNCIL MEMBERS: Terri Aulman CITY OF GILROY. Perry Woodward

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2 Page1 COUNCIL AGENDA MAYOR Perry Woodward COUNCIL MEMBERS: Terri Aulman CITY OF GILROY Dion Bracco CITY COUNCIL CHAMBERS, CITY HALL Daniel Harney 7351 ROSANNA STREET Peter Leroe-Muñoz GILROY, CALIFORNIA Roland Velasco Cat Tucker REGULAR MEETING 6:00 P.M. MONDAY, AUGUST 15, 2016 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section (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. NO ACTION MAY BE TAKEN on a matter under Study Session other than direction to staff to further review or prepare a report. Any proposed action regarding items on Study Session must be agendized for a future Regular or Special City Council meeting. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at 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. City Council Meeting Agenda 8/15/2016

3 Page2 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) /shawna.freels@cityofgilroy.org. REGULAR MEETING 6:00 P.M. I. OPENING Religious leaders who wish to participate in the Invocation may contact the City Clerk. The City does not discriminate on the basis of religious belief. Sectarian prayers, however, are not allowed. 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 Naming September as Childhood Cancer Awareness Month (report attached) III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Please limit your comments to 3 minutes. (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. (report attached) B. Community & Neighborhood Revitalization Committee Annual Presentation to Council City Council Meeting Agenda 8/15/2016

4 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco Gilroy Youth Task Force, Santa Clara Co. Library JPA, Sign Ordinance Review Task Force, SCRWA Board, Street Naming Committee, Santa Clara County Youth Task Force Policy Team Council Member Tucker Caltrain Citizen's Advisory Committee, Gilroy Welcome Center, Santa Clara Co. Recycling & Waste Reduction Commission, Santa Clara Valley Habitat Agency Governing and Implementation Boards Council Member Harney ABAG, Santa Clara Co. Ca-ID Remote Access Network Board, Santa Clara Co. Expressway Plan Advisory Board, Santa Clara Valley Habitat Agency Governing and Implementation Boards, Silicon Valley Clean Energy Authority, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee Council Member Velasco Development Standards Task Force, Gilroy Sister Cities Association Board, Sign Ordinance Review Task Force Council Member Aulman - Gilroy Gardens Board, Historical Heritage Committee, South County Joint Planning Advisory Committee, Street Naming Committee, SCRWA Board, Development Standards Task Force Mayor Pro Tempore Leroe-Muñoz - Gilroy Youth Task Force, High Speed Rail Station Planning Advisory Committee, Santa Clara Valley Water District Uvas/Llagas Committee, Santa Clara Co. Cities Association Board, Santa Clara Valley Water Dist. Water Comm., Silicon Valley Regional Interoperability Authority (SVRIA), California HSR Sub-Committee Mayor Woodward Caltrain Board of Directors, Downtown Business Association, Economic Development Corporation, Street Naming Committee, SCRWA Board, VTA Administration and Finance Com., VTA Governance Com., VTA Board of Directors, VTA Envision Silicon Valley Ad Hoc Com., VTA South County City Group, URM Task Force, California HSR Sub-Comm 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 August 1, 2016 Regular City Council Meeting (report attached) B. Contract Amendment with HMH Engineers, Inc. for On-call Civil Engineering Design Services (report attached) C. Sixth Amendment to the Single Tenant Lease with Gilroy Gardens Family Theme Park, Inc. (report attached) City Council Meeting Agenda 8/15/2016

5 Page4 VI. CONSENT CALENDAR (continued) D. Approval of Write-offs of Delinquent Water and Wastewater Charges (report attached) E. Letter in Support of State Assembly Bill 1928 Irrigation Standards to the Save Our Drinking Water Act (report attached) VII. BIDS AND PROPOSALS A. Award of Bid for a Police Vehicle Package (report attached) 1. Staff Report 2. Public Comment Possible Action: 3. Motion to Award Bid to Folsom Chevrolet for a 2015 Model Year Chevrolet Tahoe 2WD Police Package Vehicle in an Amount Not to Exceed $35, VIII. PUBLIC HEARINGS A. Tax Equity and Fiscal Responsibility Act Hearing For Approval of Tax-Exempt Revenue Bonds By California Municipal Finance Authority ("CMFA") on Behalf of Gilroy Pacific Associates II, LP, or a Subsidiary or Affiliate Thereof for the Harvest Park Apartments (report attached) 1. Staff Report 2. Public Comment Possible Action: 3. Motion to Adopt a Resolution of the City Council of the City of Gilroy Amending and Restating Resolution No Approving the Issuance of California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $40,000, for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of Harvest Park Apartments and Certain Other Matters Relating Thereto (ROLL CALL VOTE) B. Tax Equity and Fiscal Responsibility Act Hearing for Approval of Tax-Exempt Revenue Bonds by California Statewide Communities Development Authority ("CSCDA") on Behalf of Lilly Affordable Communities, L.P. (report attached) 1. Staff Report 2. Public Comment City Council Meeting Agenda 8/15/2016

6 Page5 VIII. PUBLIC HEARINGS (continued) Possible Action: 3. Motion to Adopt a Resolution of the City Council of the City of Gilroy Approving the Issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for the Lilly Gardens Apartments(ROLL CALL VOTE) IX. UNFINISHED BUSINESS - NONE X. INTRODUCTION OF NEW BUSINESS A. Review of the Banner Provisions of City Code Section Sign Regulations (report attached) 1. Staff Report 2. Public Comment Possible Action: 3. Receive Report and Provide Direction to Staff XI. CITY ADMINISTRATOR'S REPORT XII. CITY ATTORNEY'S REPORT XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section and Gilroy City Code Section 17A.8 (a) (2) Property: 251 Old Gilroy Street, Gilroy, APN (Fellom Plumbing) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Robert L & Carol Fellom, Trustees Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section and Gilroy City Code Section 17A.8 (a) (2) Property: 7491 Railroad Avenue, Gilroy, APN (Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Lynette M. Hill, Trustee Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section and Gilroy City Code Section 17A.8 (a) (2) Property: 3050 Hecker Pass Highway, APN s ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; (Gilroy Gardens) City Council Meeting Agenda 8/15/2016

7 Page6 CLOSED SESSION (continued) Negotiators: Gabriel Gonzalez, City Administrator; Andy Faber, Acting City Attorney Other Party to Negotiations: Bryson Heezen, Director of Development, Great Wolf Resorts; Cecily Barclay, Attorney at Law; Greg Edgar, President & Chairman, Gilroy Gardens Family Theme Park, Inc. Under Negotiations: Price and Terms of Payment D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section and Gilroy City Code Section 17A.8 (a) (4) Name/Title: Gabriel Gonzalez, City Administrator 1. Public Comment on Closed Session Items 2. City Attorney s Advice Re: Entering into Closed Session on Item XIII.A 3. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e) ADJOURNMENT TO THE REGULAR MEETING OF SEPTEMBER 12, 2016 MEETINGS/EVENTS (*Meeting will be webstreamed and televised) AUGUST, * Regular City Council Meeting - 6:00 p.m., City Council Chambers SEPTEMBER, SCRWA Board Meeting 8:00 a.m., 1500 Southside Drive 12* Regular City Council Meeting - 6:00 p.m., City Council Chambers OCTOBER, * Regular City Council Meeting - 6:00 p.m., City Council Chambers 5 SCRWA Board Meeting 8:00 a.m., 1500 Southside Drive 17* Regular City Council Meeting - 6:00 p.m., City Council Chambers NOVEMBER, SCRWA Board Meeting 8:00 a.m., 1500 Southside Drive 7* Regular City Council Meeting - 6:00 p.m., City Council Chambers 21* Regular City Council Meeting - 6:00 p.m., City Council Chambers DECEMBER, * Regular City Council Meeting - 6:00 p.m., City Council Chambers 7 SCRWA Board Meeting 8:00 a.m., 1500 Southside Drive 12* Special City Council Meeting - 6:00 p.m., City Council Chambers City Council Meeting Agenda 8/15/2016

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14 Item II.A Childhood Cancer Proclamation

15 Item III.A Public Comment

16 Item III.A Public Comment

17 Item III.A Public Comment

18 Item III.A Public Comment

19 Item VI.A Minutes of August 1, 2016

20 Item VI.A Minutes of August 1, 2016

21 Item VI.A Minutes of August 1, 2016

22 Item VI.A Minutes of August 1, 2016

23 Item VI.A Minutes of August 1, 2016

24 Item VI.A Minutes of August 1, 2016

25 Item VI.A Minutes of August 1, 2016

26 Item VI.A Minutes of August 1, 2016

27 Item VI.A Minutes of August 1, 2016

28 Item VI.A Minutes of August 1, 2016

29 Item VI.B HMH Engineers

30 Item VI.B HMH Engineers

31 Item VI.C Gilroy Gardens Lease

32 Item VI.C Gilroy Gardens Lease

33 Item VI.C Gilroy Gardens Lease

34 Item VI.C Gilroy Gardens Lease

35 Item VI.D Delinquent Water Write-Off

36 Item VI.E Drinking Water Act

37 Item VI.E Drinking Water Act

38 Item VI.E Drinking Water Act

39 Item VII.A Police Vehicle

40 Item VIII.A Gilroy Pacific Associates II Bond

41 Item VIII.A Gilroy Pacific Associates II Bond

42 Item VIII.A Gilroy Pacific Associates II Bond

43 Item VIII.A Gilroy Pacific Associates II Bond

44 Item VIII.A Gilroy Pacific Associates II Bond

45 Item VIII.B Lilly Affordable Communities Bond

46 Item VIII.B Lilly Affordable Communities Bond

47 Item VIII.B Lilly Affordable Communities Bond

48 Item VIII.B Lilly Affordable Communities Bond

49 Item VIII.B Lilly Affordable Communities Bond

50 Item X.A City Sign Ordinance

51 Item X.A City Sign Ordinance

52 Item X.A City Sign Ordinance

53 Item X.A City Sign Ordinance

54 Item X.A City Sign Ordinance