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2021-04-05 City Council Regular Meeting Minutes 1 City of Gilroy City Council Meeting Minutes April 5, 2021 I. 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 Marques led the pledge of allegiance. 2. Invocation Pastor Greg Quirke from South Valley Community Church provided the invocation. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta reported the agenda was posted on Wednesday, March 31, 2021 at 3:50 p.m. �ltten'dee Name ,w' Title Status _ Arrived Marie Blankley � Mayor , Remote � i _ Rebeca Armendariz Council Member Remote Dion Bracco _ Council Member Remote Zach Hilton Council Member i Remote 3 Peter Leroe-Munoz 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 City Administrator Forbis introduced newly hired Finance Director Harjot Sangha. Community Development Director Karen Garner introduced newly hired Planning Technician Marco Romagnoli. Chief Espinoza introduced newly hired Police Officers Ricardo Zamora and Elliott Terrell If. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations - NONE III. PRESENTATIONS TO THE COUNCIL Jan Guffey thanked the City Council for their hard work and voiced support for their efforts in supporting the unhoused. IV. REPORTS OF COUNCIL MEMBERS Council Member Marques announced that Gilroy Gardens opens May 22nd, and celebrates its 20th Anniversary on June 15th. In addition the Gilroy Gardens Water Oasis opens June 15th. Council Member Hilton spoke on behalf of union members commenting at City Council Meetings. He announced he will be hosting a town hall this Thursday via Zoom. Council Member Leroe-Munoz congratulated Dynamic Customs on their opening. The Mobility Partnership submitted a letter to advocate for appropriations for the Highway 25-101 Interchange Project. City Council Meeting Minutes 04/5/2021 2 Mayor Blankley announced an upcoming meeting with the Sharks to give parameters they're looking at, that the VTA Board approved a ten-year outlook related to Measure B funds, and participated in a CalTrans meeting for Santa Clara County. Council Member Tovar announced that the Homeless Ad Hoc Committee continues their work, that Tempo Tap Room will open soon in the spot where Golden State Brewery was located, and thanked Mark Turner for meeting with people interested in investing in Gilroy. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley pulled Item B from the Consent Calendar. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar A. Minutes of the March 15, 2021 Regular Meeting C. Approval of a Service Rate Adjustment Request by Recology South Valley Effective July 1, 2021 for Solid Waste Services as Provided for in the City's Franchise Agreement D. Approval of a Second Amendment to the Agreement with Nyanda & Associates, LLC (DBA HouseKeys)for Continued Administration of the City's Below Market Rate Housing Program and Adoption of a Resolution 2021-10 of the City Council of the City of Gilroy Amending the Fiscal Year 2020-2021 Budget in the Amount of$30,000 in Fund 259 - Housing Trust Fund PULLED FROM CONSENT CALENDAR B. Report on Lease and Rental Payments for City-Owned Properties City Administrator Forbis presented the report. Possible Action: Receive report. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley; Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar VII. BIDS AND PROPOSALS - NONE Vlll. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and Other City Efforts Related to the COVID-19 Pandemic Program Administrator DeLeon, Chamber of Commerce President Mark Turner, and Fire Chief Wyatt presented the report. There were no public comments. ,, Possible Action: Receive report. City Council Meeting Minutes 04/5/2021 3 B. Adoption of an Amendment to the Economic Development Incentive Policy for Business Attraction and Expansion of Automotive Dealerships Community Development Director Garner presented the report. Diana Jauregai questioned if the auto dealership employees are Gilroy residents. Possible Action: Adopt an amendment to the Economic Development Incentive Policy allowing sales tax rebates to offset development costs of new and expanding automotive dealerships RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, .Council Member SECONDER: ' Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar X. INTRODUCTION OF NEW BUSINESS A. Discontinuance of Temporary Pay Reduction for Gilroy Management Association and Discontinuance of Temporary Pay Reduction and Freeze on Merit Increases for Unrepresented Non-Exempt Confidential Employees, Unrepresented Exempt Confidential Employees, Unrepresented Department Heads, Council-Appointed Employees, and Part- Time/Temporary/Seasonal Hourly & Exempt Employees Administrative Services Director McPhillips presented the report. Julie Wyrick, President of Gilroy Management Association, spoke in support of the recommendation. Possible Action: Approve and authorize the City Administrator to execute: 1. An amendment to the concession agreement with the Gilroy Management Association to stop the temporary pay reduction/additional paid leave program effective April 1, 2021. 2. An amendment to the policy memorandum with unrepresented employees in each of the following groups to stop the temporary pay reduction/additional paid leave program and stop the freeze on performance-based merit increases: i. Full-Time Unrepresented Confidential Non-Exempt Employees ii. Full-time Unrepresented Department Head & Confidential Exempt Employees iii.Full-time Unrepresented Council-Appointed Employees 3. An amendment to the policy memorandum for Part- Time/Temporary/Seasonal Unrepresented Hourly & Exempt Employees to stop the freeze on performance-based merit increases RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER:. -Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz;; Marques, Tovar. B. Appointment to a Vacant Seat on the Planning Commission with a Term Ending December 31, 2022 City Clerk Freels presented the report. The Council appointed Adilene Jezabel Moreno. Possible Action: Appoint a member to a vacant seat on the Planning Commission with a term ending December 31, 2022. RESULT APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council.Member SECONDER Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques,: Tovar' City Council Meeting Minutes 04/5/2021 4 C. Consideration of the Introduction of an Ordinance of the City Council of the City of Gilroy Prohibiting Evictions for the Nonpayment of Rent for Tenants Impacted by the COVID-19 Emergency and Setting Forth the Facts Constituting the Need for Such Relief. City Administrator Forbis and City Attorney Faber presented the report. Anil Babbar, Sr. VP for California Apartment Association, spoke about the state moratorium and cautioned against a local patchwork of legislation. Jordan Nunes, Association of Realtors, spoke against a local moratorium as it becomes overly burdensome. K Teresa Perez spoke in support of moratorium specifically for small businesses as ,n, they are not covered in state and federal legislation. Jesus asked the Council to vote in support of the ordinance. Vanessa Ashford expressed support for the moratorium as COVID has impacted the community on a large scale. Reymundo Armendariz voiced support for the moratorium beyond June. Jan Bernstein Chargin spoke in support of a local moratorium in case the state and county do not extend their ordinances. Rebecca Garcia added her support to the proposed moratorium. Sarai Chavarria spoke in support of the proposed moratorium. Tina Chavarria voiced support for a moratorium noting that the pandemic has hit low income and fixed income hard. Diana Jauregui noted that as one who works with older adults, she supports a moratorium as another tool to advocate for clients. Michelle Wexler expressed support for the proposed moratorium. Possible Action: Council consider: a) Motion to read the Ordinance by title only and waive further reading. RESULT: APPROVE [6 TO 1] MOVER: Rebeca Armendariz, Council Member SECONDER: Zach Hilton, Council Member AYES: Blankley, Bracco, Hilton; Leroe-Munoz, Marques, Tovar NAYS: Rebeca Armendariz b) Introduce an Ordinance of the City Council of the City of Gilroy Prohibiting Evictions for the Nonpayment of Rent for Tenants Impacted by the COVID-19 Emergency and Setting Forth the Facts Constituting the Need for Such Relief. RESULT: APPROVE [2 TO 5] MOVER:. Rebeca Armendariz, Council Member SECONDER: Zach Hilton, Council Member AYES: Rebeca Armendariz, Zach Hilton NAYS: Blankley, Bracco, Leroe-Munoz, Marques, Tovar City Council Meeting Minutes 04/5/2021 5 XI. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis reported on the mattress recycling event on April 5, 2021 and indicated an additional event will be conducted in June. He reported that other local City Managers are not considering opening their City Halls at this point, but are determining the triggers leading to City Halls opening. He noted that for federal stimulus money through the American Rescue Act that the federal government hasn't yet provided guidance. Finally, he thanked Sara Soto in Public Works for a grant obtained to do generator repair work at City Hall. XII. CITY ATTORNEY'S REPORTS No report. XIII. CLOSED .SESSION City Attorney Faber read the Closed Session into the record and advised on entering into Closed Session on Items B & C. There were no public comments. The City Council adjourned to Closed Session at 8:30 A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 1.7A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; Gilroy Management Association (GMA); Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Unrepresented Confidential Exempt Employees, Unrepresented Confidential Non-Exempt Employees, Non-Exempt Part-Time/Temporary/ Seasonal Employees, Exempt Part-Time/Temporary/Seasonal Employees and Department Head Employees City Negotiators: Jimmy Forbis, City Administrator, LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; City of Gilroy and the Gilroy Management Association (GMA); City of Gilroy and Gilroy Police Officers Association, Inc. B. 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: Jose Solorio vs. City of Gilroy Police Department, Robert Zuniga and Does 1 to 25 Inclusive; United States Northern District Court of California; Case No. C19-08105 BLF, Filed September 5, 2019. C. 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: Joseph Foshee vs. City of Gilroy;Robert Zuniga; and Does 1 to 10 Inclusive; United States Northern District Court of California San Jose Division; Case No. 5:20-cv-000132-VKD, Filed January 7, 2020. D. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT; Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2) Name/Title: City Clerk ADJOURNMENT /Suz nne Ouzzetta, CMC C/ Deputy ity Clerk City Council Meeting Minutes 04/5/2021