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2021-08-16 City Council Regular Meeting Minutes City of Gilroy City Council Meeting Minutes August 16, 2021 1. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley. 1. Pledge of Allegiance Council Member Leroe-Munoz led the pledge of allegiance. 2. Invocation There was no invocation. 3. City Clerk's Report on Posting the Agenda Management Assistant Ruiz reported the agenda was posted on Friday, August 13th at 3:55 p.m. Attendee Name Title Status _ Arrived Marie Blankley ---- _� Mayor _--' ----'' Remot_e Rebeca Armendariz + Council Member Remote Dion Bracco Council Member Remote__ Za_ch Hilton _ _ Council Member Absent_ _ Peter Leroe-Munoz J Council Member Remote_ Carol Marques_ _ Council Member Remote _ Fred Tovar ; Council Member Remote B. Orders of the Day Mayor Blankley announced that the Council was participating remotely under the Governor's order and she then provided details on the process of public participation. C. Employee Introductions Police Captain Smith introduced two new employees: Public Safety Communicator, Samantha Schuck and Police Officer, Angel Velasquez. 11. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Bicycle Pedestrian Commission Annual Presentation to Council Chairperson Patrick Flautt presented the report. III. PRESENTATIONS TO THE COUNCIL - NONE IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco - The Gilroy Youth Task Force received $20,000 dollars in grant money; and will be able to apply for additional grants and host fundraiser's for the program. If anyone wishes to contribute and donate to the GYTF, contact Dion Bracco, Peter Leroe-Munoz, or Carol Marques. Council Member Armendariz - Historic Heritage Committee meeting will report back at the next Council meeting. Attended the Silicon Valley Clean Energy Authority JPA Board on behalf of Council Member Hilton - the board adopted a resolution that will help save two-million dollars annually; prepaying for 30 years worth of transactions. The investment will help with resources for financial assistance in paying energy bills. Electrical vehicle adoption CV2030; goal is to 100% zero emission 2030. Council Member Marques - Reported on the upcoming downtown events; Downtown Live - August 19th, Gourmet Alley - August 28th, and Porchfest - September 25th. Council Member Tovar- No report. City Council Meeting Minutes 08/16/2021 Z Council Member Leroe-Munoz - Reported on the unveiling of Brownell Middle School. Valley Water District communicated on the water shortage emergency and conservation; for more information visit the City's website. Mayor Blankley- Reported the next Gilroy Economic Partnership meeting will be on August 25th; discuss and publicize regarding the Sharks. VTA voted in favor of the Gilroy City Council to delay (2 months) progress of the 150 unit authorizing an RFO for this development. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Armendariz asked if the Police Department could provide focus and resources to the Gilroy community with the influx of the Fentanyl drug and deaths. Council asked City Administrator to bring a report back to City Council with further information on this topic and what the Police Department is doing to address this issue. VI. CONSENT CALENDAR (ROLL CALL VOTE) Council Member Marques asked to remove item B from the consent agenda; additional information needed from City Staff. Motion was made by Council Member Marques, seconded by Council Member Armendariz to remove item B from consent agenda. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER:. Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton A. Approval of a Notice of Acceptance of Completion for the Fuel Station Secondary Containment Components Repair Project No. 21-PW-264 and Approval of a Final Contract with Balch Petroleum Contractors & Builders, Inc in the Amount of$171,783.46 B. Hecker Pass Apartments, Quitclaim of Relinquishment of Vehicular Access Rights (Abutters Rights) (Removed from Consent Calendar) C. 8-2-21 City Council Meeting Minutes (Councilmember Leroe-Munoz abstained) ITEMS CONSIDERED SEPARATE FROM CONSENT CALENDAR: B. Hecker Pass Apartments, Quitclaim of Relinquishment of Vehicular Access Rights (Abutters Rights) Staff responded to Council Member Marques' questions about ingress/egress. Motion was made by Council Member Marques, seconded by Council Member Armendariz, to adopt Resolution 2021-43 approving Quitclaim of Relinquishment of Vehicular Access Rights (Abutters Rights) for Hecker Pass Apartments, and passed 6-0-0-1, Council Member Hilton absent. VII. BIDS AND PROPOSALS A. Approval of Single Source Contract in the Amount of$196,007 with Stryker Emergency Care for the Purchase of Seven (7) LifePack 15 Monitor/Defibrillators, Including a Discounted 4-year Maintenance Agreement. Chief Wyatt presented the report. Public Comment was opened. No public comment. Public Comment was closed. City Council Meeting Minutes 08/16/2021 Motion was made by Council Member Marques, seconded by Council Member Tovar to award a single source contract to Stryker Emergency Care in the amount of$196,0007 for the purchase of seven (7) LifePack 15 Monitors/Defibrillators, including a discounted 4-year maintenance agreement, and authorized the City Administrator to execute the contract and associated documents. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: Award a single source contract to Stryker Emergency Care in the amount of$196,007 for the purchase of seven (7) LifePack 15 Monitors/Defibrillators, including a discounted 4-year maintenance agreement, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton Vlll. PUBLIC HEARINGS A. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing and Approval of the Issuance of Multi-family Housing Revenue Bonds by the California Municipal Finance Authority for an Affordable Housing Project Located at 1520 Hecker Pass Highway Senior Planner Tambornini presented the report. Disclosure of Ex-Parte Communications - None. Public Hearing was opened. No public comments. Public Hearing was closed. Motion was made by Council Member Leroe-Munoz, seconded by Council Member Bracco to adopt resolution 2021-44 of the City Council of the City of Gilroy approving the issuance of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of Hecker Pass Apartments project. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the issuance of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of Hecker Pass Apartments project. (Roll Call Vote) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton B. Adoption of Mitigated Negative Declaration; Approval of Planned Unit Development, the Tentative Map, and Architectural and Site Review Permit for the Cottages at Kern Planned Unit Development Residential Subdivision Project. Planner I Contreras presented the report. Disclosure of Ex-Parte Communication - None. City Council Meeting Minutes 08/16/2021 4 Public Hearing was opened. Public member Carolyn Schimandle spoke. Public Hearing was closed. Possible Action: a) Motion was made by Council Member Tovar, seconded by Council Member Leroe-Munoz to review and approve Resolution 2021-45 adopting the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA). Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: a) Review and adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Introduce an ordinance to approve Planned Unit Development Z 20- 06 as requested, subject to certain findings; and c) Introduce a resolution to approve Tentative Map TM 20-06, as requested, subject to certain findings; and d) Introduce a resolution to approve Architectural and Site Review Permit AS 20-20 as requested, subject to certain findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton Adoption of Mitigated Negative Declaration; Approval of Planned Unit Development, the Tentative Map, and Architectural and Site Review Permit for the Cottages at Kern Planned Unit Development Residential Subdivision Project. Possible Action: b) Motion was made by Council Member Bracco, seconded by Council Member Leroe-Munoz to introduce Ordinance 2021-03 to approve Planned Unit Development Z 20-06 as requested, subject to certain findings. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: a) Review and adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Introduce an ordinance to approve Planned Unit Development Z 20- 06 as requested, subject to certain findings; and c) Introduce a resolution to approve Tentative Map TM 20-06, as requested, subject to certain findings; and d) Introduce a resolution to approve Architectural and Site Review Permit AS 20-20 as requested, subject to certain findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton Adoption of Mitigated Negative Declaration; Approval of Planned Unit Development, the Tentative Map, and Architectural and Site Review Permit for the Cottages at Kern Planned Unit Development Residential Subdivision Project. City Council Meeting Minutes 08/16/2021 0 Possible Action: c) Motion was made by Council Member Tovar, seconded by Council Member Leroe-Munoz to adopt Resolution 2021-46 approving Tentative Map TM 20-06, as requested, subject to certain findings. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: a) Review and adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Introduce an ordinance to approve Planned Unit Development Z 20- 06 as requested, subject to certain findings; and c) Introduce a resolution to approve Tentative Map TM 20-06, as requested, subject to certain findings; and d) Introduce a resolution to approve Architectural and Site Review Permit AS 20-20 as requested, subject to certain findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton Adoption of Mitigated Negative Declaration; Approval of Planned Unit Development, the Tentative Map, and Architectural and Site Review Permit for the Cottages at Kern Planned Unit Development Residential Subdivision Project. Possible Action: c) Motion was made by Council Member Tovar, seconded by Council Member Leroe-Munoz to adopt Resolution 2021-47 to approve Architectural and Site Review Permit AS 20-20 as requested, subject to certain findings and conditions. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: a) Review and adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Introduce an ordinance to approve Planned Unit Development Z 20- 06 as requested, subject to certain findings; and c) Introduce a resolution to approve Tentative Map TM 20-06, as requested, subject to certain findings; and d) Introduce a resolution to approve Architectural and Site Review Permit AS 20-20 as requested, subject to certain findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton IX. UNFINISHED BUSINESS A. Appointments to Fill Vacancies on Boards & Commissions City Administrator presented the report. Public comment was opened. No public comment. Public comment was closed. Possible Action: City Council Meeting Minutes 0 811 6120 21 b Motion was made by Council Member Armendariz, seconded by Council Member Marques to appoint members to the vacant seats as follows: Arts & Culture Commission (term expires 1 2/3112 0 22) — Lisa Carter; Housing & Neighborhood Revitalization Committee (term expires 12131/2024) — Carissa Purnell; Library Commission (term expires 12/3112024) — Gabriela Kim; and Physically Challenged Board of Appeals (term expires 12/31/2024) —Tracy Stephens. Possible Action: Appoint members to the vacant seats on the Arts & Culture Commission, Housing & Neighborhood Revitalization Committee, Library Commission, and Physically Challenged Board of Appeals RESULT: APPROVE [UNANIMOUS] MOVER: Rebeca Armendariz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton X. INTRODUCTION OF NEW BUSINESS A. Customer Service Strategy Metrics, Implementation Measures, and Timelines Customer Service Manager Wyrick presented the report. Public comment was opened. No public comments. Public comment was closed. Feedback was provided to staff to focus on the time aspect, time is money. Possible Action: Receive Report and provide feedback. B. Selection of Voting Delegate for the League of California Cities 2021 Annual Conference Mayor Blankley presented the report. Public Comment was opened. No public comment. Public Comment was closed. Council Member Marques asked if the appointee could provide a full report after the conference. Possible Action: Motion was made by Council Member Leroe-Munoz, seconded by Council Member Marques to the appointment of Council Member Tovar to serve as voting delegate for the City of Gilroy at the League of California Cities 2021 Conference. Possible Action: Appointment of a Council Member to serve as voting delegate for the City of Gilroy at the League of California Cities 2021 Conference. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leme-Munoz, Marques, Tovar ABSENT: Zach Hilton C. Authorize Funding for Improvements at the Gilroy Golf Course Finance Director Sangha presented the report. Public comment was opened. City Council Meeting Minutes 0 8/1 612 0 21 No public comments. Public comment was closed. Possible Action: 1. Motion was made by Council Member Bracco, seconded by Council Member Armendariz to authorize funding for capital improvements at the Gilroy Golf Course in the amount of$113,900. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: 1. Authorize funding for capital improvements at the Gilroy Golf Course in the amount of$113,900. 2. Adopt a resolution appropriating the $113,900 form Capital Projects Fund (400) for the related improvements. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Rebeca Armendarz, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton Authorize Funding for Improvements at the Gilroy Golf Course Possible Action: 2. Motion was made by Council Member Tovar, seconded by Council Member Marques to adopt Resolution 2021-48 appropriating the $113,900 form Capital Projects Fund (400) for the related improvements. Motion Passes: 6-0-0-1 (Absent Hilton) Possible Action: 1. Authorize funding for capital improvements at the Gilroy Golf Course in the amount of$113,900. 2. Adopt a resolution appropriating the $113,900 form Capital Projects Fund (400) for the related improvements. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar ABSENT: Zach Hilton XI. CITY ADMINISTRATOR'S REPORTS City Administrator reported on two items: 1) Reminded the Community of the upcoming Local Agency Formation Commission meeting being held via Zoom on Tuesday, August 17 from 6:00 p.m. - 7:00 p.m. 2) City Council first in-person meeting is scheduled for September 13, 2021. Masks will be required indoors. XII. CITY ATTORNEY'S REPORTS No report. XIII. CLOSED SESSION City Attorney led into closed session. Public comment was opened. No public comment. Public comment was closed. City Council Meeting Minutes 0 8/1 6120 21 A. Conference with Legal Counsel — Existing Litigation; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Miriam Smith vs. City of Gilroy, et al.; United States Northern District Court of California San Jose Division; Case No. 5:21-cv-00313-VKD, Filed January 13, 2021. City Attorney Faber led Council into the closed session at 7:22 p.m. Public comment was opened. No public comment. Public comment was closed. ADJOURNMENT Mayor Blankley adjourned the regular City Council meeting to closed session at 7:22 p.m. MEETING DATES AUGUST 2021 23* Special Joint Meeting with Santa Clara Valley Water District and City of Morgan Hill via Zoom - 6:00 p.m. SEPTEMBER 2021 13* Regular Meeting - 6:00 p.m. 20* Regular Meeting - 6:00 p.m. OCTOBER 2021 4* Regular Meeting - 6:00 p.m. 18* Regular Meeting - 6:00 p.m. * meeting is webstreamed and televise LeeAnn McPhillip Int im City Clerk City Council Meeting Minutes 08/16/2021