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2022-02-15 City Council Special Meeting Agenda Packet February 10, 2022 3:42 PM City Council Special Meeting - Council Retreat Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 SPECIAL MEETING - COUNCIL RETREAT TUESDAY, FEBRUARY 15, 2022 6:00 P.M. 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. 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. 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 cityclerk@cityofgilroy.org 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. In compliance with the Americans with 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 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 revie w of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. City Council Special Meeting - Council Retreat Agenda 02/15/2022 Page2 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 1.OPENING 1.1. Call to Order 1.Pledge of Allegiance 2.Invocation 3.City Clerk's Report on Posting the Agenda 4.Roll Call 2.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 in person 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 e xcept under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will b e limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically. City Council Special Meeting - Council Retreat Agenda 02/15/2022 Page3 3.NEW BUSINESS 3.1. Interactive Discussion Regarding Roles, Responsibilities and Obligations of Councilmembers to Ensure that the Peoples’ Business is Conducted Openly and Transparently 1.Staff Report: Marie Blankley, Mayor 2.Public Comment 3.Presentation and Discussion (Andy Faber, City Attorney): a.Sources of Law: Brown Act, Open Government Ordinance, Due Process b.Application to Council Meetings and Council Members’ Conduct 3.2. Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions to Council Norms 1.Staff Report: Peter Leroe-Muñoz, Mayor Pro Tempore 2.Public Comment 3.Possible Action: Adopt revisions to Council Norms or direct staff to propose revisions for later adoption. 4.ADJOURNMENT City of Gilroy STAFF REPORT Agenda Item Title: Interactive Discussion Regarding Roles, Responsibilities and Obligations of Councilmembers to Ensure that the Peoples’ Business is Conducted Openly and Transparently Meeting Date: February 15, 2022 From: Marie Blankley Department: City Council Submitted By: Marie Blankley Prepared By: Marie Blankley Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Presentation and Discussion (Andy Faber, City Attorney): a. Sources of Law: Brown Act, Open Government Ordinance, Due Process b. Application to Council Meetings and Council Members’ Conduct BACKGROUND Council is expected to conduct itself in a certain manner, based on legislation at the state and local levels. The same applies to individual Council Members who were once individual constituents not subject to the limitations of public office regulations, and are now elected as one of a 7-member body for which conduct is regulated both on and off the dais. 3.1 Packet Pg. 4 These regulations are intended to provide fair, transparent and open governance f or the members of the public to not only be aware of the activities of their government, but also to participate and engage the City Council to provide input into the decisions and matters of discussion before the legislative body. DISCUSSION The regulations that identify the responsibilities and conduct that City Councilmembers are expected to embody are briefly listed below. Brown Act The California Brown act is legislation that is aimed at announcing the matters that will be discussed by the City Council to the public, and ensuring that discussions about the subject matter and any decisions to be made are done in full view of the public, with the public having the means to participate and know the nature of the discussion and decision. This law intends to prevent side and outside conversations, deliberations, and decisions from occurring in conducting the peoples’ business. It also ensures that the Council consider the items on posted agendas, but does not deliberate matters without providing enough notice to the public whereby they may decide if they wish to participate, and have sufficient time to prepare and comment on the matter to the City Council. The Brown Act is intended to ensure that this open governance process is followed irrespective of the eventual outcome of decisions. Open Government Ordinance The City Council in 2008 adopted the Open Government Ordinance. The stated goal of the City of Gilroy’s Open Government Ordinance is to give the citizens of Gilroy greater access to information and to allow for more public participation in City governmental decisions. Like the Brown Act, Gilroy’s Open Government Ordinance also provides that each person wishing to speak on an item before the Council shall be permitted to be heard. Because the City Council believes that governmental transparency is paramount for the people of Gilroy to remain in control of their government, this ordinance gives Gilroy’s citizens more access to governmental processes and public information in a timelier manner. Overall, this legislation allows the citizens of Gilroy to be more informed and involved in the processes of local government. Due Process There are two types of due process, substantive and procedural, that apply when a government takes or deprives life, liberty and/or property. Substantive due process is determining if a government has the justification in the taking or depriving. Procedural due process is determining if all the proper procedures have been followed in the taking or depriving. Due process is a subject of the United States Constitution, and each City 3.1 Packet Pg. 5 Official and staff member of the City of Gilroy takes an oath to protect and defend the Constitution, which includes the due process rights and provisions. Application Conduct in Council Meetings Council, in applying these regulations – both the letter of the regulation but also its intent – should be conducting itself in a manner to protect the public’s interest, to preserve its rights to be heard, to keep its discussions and decisions in the public venu e of City Council meetings, and to protect and provide due process. This includes keeping comments and questions to the matter in consideration as identified on the agenda and not on other topics, and to limit the amount of information shared and discussed when requesting future agenda items. Individual Councilmember Conduct Individually, Councilmembers are expected to conduct themselves in a professional, ethical, and transparent manner consistent with the intent of the regulations discussed above. Council members are expected to engage with the public, to hear and consider the comments provided by the public at the meetings, and to treat all residents fairly and equally in their representative roles. Council members are also expected to differentiate their elected position on a 7-member body governed by a majority from that of an individual representative. Accordingly, Council members should avoid representing their own individual positions or slogans as that of the City Council, and should not cause confusion among other elected bodies with personal comments outside of decisions of the City Council and the authority of the City Administrator, unless doing so solely as an individual constituent. FISCAL IMPACT/FUNDING SOURCE None. 3.1 Packet Pg. 6 City of Gilroy STAFF REPORT Agenda Item Title: Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions to Council Norms Meeting Date: February 15, 2022 From: Peter Leroe-Muñoz Department: City Council Submitted By: Peter Leroe-Muñoz Prepared By: Peter Leroe-Muñoz Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt revisions to Council Norms or direct staff to propose revisions for later adoption. Attachments: 1. Gilroy City Council Norms Revised 2-15-22 3.2 Packet Pg. 7 Adopted as Council Agreements: February 7, 2011 Revisions Approved: April 14, 2014 Adopted as Council Norms: January 25, 2021 Gilroy City Council Norms Meetings Guidelines: • Three (3) minutes per public comment per agenda item. Five (5) minutes for applicants, with two (2) minute rebuttal for applicant. City Clerk will provide a timer. Staff will make every effort to limit staff reports to five (5) minutes, with opportunity for staff to elaborate based on Council questions. • Council is encouraged to eEmail questions to staff prior to the meeting. This to promotes clear, available and concise answers. • Prepare for meetings by reading meeting materials in advance.Come prepared • Reveal information gained from contacts. • Stay focused on the present agenda item.on task • Council reports and presentations should be concise and efficient, normally with a goal of limiting presentation to three (3) minutes. Council reports are to beno more than 3 minutes and focused on the boards on which a Council Member you sits.; Oonly designated Council representatives shall report the action on of any given board. • Follow Robert’s Rules of Order. • Start all meetings on time. • Direct questions on the agenda to the City Administrator or the Mayor. • Public inquiries at meetings will be responded to as directed by the Mayor. • When meeting with citizens and receiving information, Council should ask if staff has received and analyzed the new information. • All new information from an applicant must be into provided to staff on theMonday preceding Monday at 5:00 p.m. before thea City Council meeting. • When a Regular City Council meeting falls on a holiday, that meeting will be moved to the following Monday, with the exception of the single meeting in July which shall be held on the first day of the month not a holiday, Friday, Saturday or Sunday. • A single meeting will be held in the month of July. • If a Council Member abstains on an item, the Council Member must explain the reason for the abstention. • External communication by Council Members during meetings (whether through cell phones, laptops, or other devices) creates the perception that private communications are influencing the outcome of decisions. This contradicts Gilroy’s Open Government Ordinance. If a Council Member must engage in external communication for personal purposes, the Council Member should excuse themself from the meeting. • Council Members should not view or interact with social media during meetings. • During City Council meetings, the Mayor will summarize the thumbs up/down direction given for the record. • Meetings will end at 11:00 p.m. unless a majority of Council Members present vote to extend the meeting. • Action style minutes will be taken by the City Clerk for all City Council meetings. • Notes will be taken for all City Council study sessions and workshops. 3.2.a Packet Pg. 8 Attachment: Gilroy City Council Norms Revised 2-15-22 (3656 : Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions 2 Adopted as Council Agreements: February 7, 2011 Revisions Approved: April 14, 2014 Adopted as Council Norms: January 25, 2021 • No motion should be made until Public Comment has beenis closed and Council has had an opportunity to deliberate on the item. • Council Members must be in the queue prior to making a motion on an item • Written material provided by public members for Council agenda item “public comment on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of electronic material may be provided if produced electronically. • Meetings will be held or adjourned in the name of or in memory of a person only if that person has accomplishments specific to Gilroy. Adding Agenda Items: • Any Council Member may propose an item for consideration as an agenda item for a future meeting by oral request during the portion of the Council meeting designated for Future Council Initiated Agenda Items. The Council will decide whether to agendize the item for a future Council meeting. Council Interactions: • Respect for differences and community • Respect the Open Government process and the majority vote of the Council. Open Government is about the process, not the outcome. • Avoid negative non-verbal, judgmental stances, and personal attacks • Exercise respect for Council Members, staff, and the public. • Minimize redundancy • Listen attentively • Confirm information presented as a rumor. • Keep a positive tone and body language • Follow the Brown Act, including social media communications restrictions. • Give personal feedback to staff and Council Members privately • All quasi-judicial ex parte communications (as defined by Council Policy) or conflict of interests will be disclosed by each Council Member. • To respect the independence of our commissions, no Council Member may attempt to influence any commission or regularly attend commission meetings, except with respect to a matter that affects the Council Member individually. Regular attendance may be seen as intimidating or an attempt to use “command influence” even when such is not the Council Member’s intent. However, Council Members are encouraged to watch recorded Commission meetings. • If any Council Member chooses to speak before or to submit written comment to another elected body or Board of elected officials on any item for which they are not a Council-appointed representative or for which they are not speaking from an official position of the Council, such Council Member shall state that they are communicating as an individual constituent and shall not reference “Gilroy City Council” or “City Council Member” in any written or verbal communications. Council Members shall be mindful that no matter how many hats they may wear, they are still perceived by the public as a Council Member. 3.2.a Packet Pg. 9 Attachment: Gilroy City Council Norms Revised 2-15-22 (3656 : Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions 3 Adopted as Council Agreements: February 7, 2011 Revisions Approved: April 14, 2014 Adopted as Council Norms: January 25, 2021 Staff Relations: • Council Members should be aware that staff responses to an individual Council Member’s questions may be forwarded to the entire Council. • Direct questions to the City Administrator and Department Heads. Project -related questions may be directed to the staff person working to the project. Responses may also be sent to all City Council Members. • City Attorney – maximum of one (1) hour of research for individual issues. If more time is needed, must havethe majority of the Council must approve this extra time. approval • Forward any information to the City Administrator as necessary. No surprises to Do not surprise the City Administrator or City Council with last-minute information. • The Council’s focus is policy. The staff focuses on professional execution and technical knowledge. Council Members shall not provide their own individual technical comments to City partners or other agencies (e.g. VTA, LAFCO, HSR, etc.), unless speaking solely as an individual constituent and not as a Council Member. • Show respect to staff. • Give as much lead-time as possible. • DProposed/future project discussions of proposed and future projects are confidential until paperwork and /applications are submitted. T– then the Council and public will be informed upon submission. Staff to will identify large and /sensitive projects when application is made and inform Council at that time. • The City Clerk will attend all study sessions and workshops of the City Council. • Council Members, including the Mayor, do not have their own city staff. Council Members wishing to solicit their own volunteers should represent to the public that all oversight and decisions regarding such volunteer positions are at the sole discretion of that Council Member alone. • Staff may not be used by individual Council Members for causes to further their own individual position apart from that of Council decisions. Similarly, Council Members should not contact staff directly to attend or otherwise engage in events or causes of individual Council Members without the express permission of the City Administrator. Council Communications: • Be mindful of each other’s diversity. • Be supportive and positive with each other. • When sitting as a representative of the City on another body, represent the City’s position and seek Council input as necessary by request of future agenda item or asking the Mayor to agendize same. • Requests for proclamations should be addressed to the Mayor and the City Clerk. • Task Forces • At the initial meeting ,Council Member will be present and explain what the Task Force’s goals and Goal/oObjectives are. The Council Member will also explain Further explanation will include that they are a recommendation body and the Council may revise their final actions. 3.2.a Packet Pg. 10 Attachment: Gilroy City Council Norms Revised 2-15-22 (3656 : Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions 4 Adopted as Council Agreements: February 7, 2011 Revisions Approved: April 14, 2014 Adopted as Council Norms: January 25, 2021 • Staff will create a boiler plate document which will have the place for the goals and Goal/oObjectives of the Task Force, the norms of the group, and any other information Council and Staff feel is important. • Press Corrections • If City Council sees first, call/e-mail/communicate to the City Administrator. The City Administrator will then to have staff send outissue a correction. • When a Council Member endorses a person/position/issue/etc. separate from a position endorsed by a vote of the City Council, it is a personal endorsement, and not a City endorsement. Any reference or use of the name “Gilroy City Council” in association with the individual should be changed to “Gilroy City Council member”. If a Council Member wishes a City of Gilroy endorsement, they may request to place the issue on a future agenda. The Council will then decide whether to take action or not. • When a Council Member is identified as spokesperson, then only they speak on behalf of the City Council. • Legal communications should go through the Mayor or their designee, following legal review. • Emergency communications shall follow the Council Emergency Communication document adopted in 2020. • No Council Member shall communicate in a manner that appears to come from the city or city staff or the City Council, or in a manner that suggests a position associated with the City or with the knowledge of the City Council. • Council Member elected offices are nonpartisan. No Council Member shall refer to their city council elected position as being associated with a political party. • Repeated or serious violation of these norms can be addressed by the Council by censure of a Council Member, following notice and an opportunity to be heard. This document formally authorizes the censure remedy to the City Council and allows for the basic due process protections of notice and hearing. Council Travel and Training/Participation on Outside Boards and Memberships • Council Members will check with the full Council via request under Future Council Initiated Items when they wish to go to meetings outside “normal” (e.g., League, assigned outside organization meetings) travel and training and wish the City to pay for it, such as specialized training and/or meetings of participation groups. If approved for a future agenda, Council Members will submit a short written explanation of the request to the city clerk prior to publication of the preliminary agenda. • If a Council Member wishes to apply to participate in an outside government organization that is not part of the current City Council Advisory Committees & Representatives list, the Council Member will let Council know through a future agenda item request. If approved, the Council Member will submit a short written explanation of the request to the city clerk prior to publication of the preliminary agenda. • If the primary Council representative to an organization cannot attend, they will contact the alternate. 3.2.a Packet Pg. 11 Attachment: Gilroy City Council Norms Revised 2-15-22 (3656 : Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions 5 Adopted as Council Agreements: February 7, 2011 Revisions Approved: April 14, 2014 Adopted as Council Norms: January 25, 2021 • The alternate Council representative can attend the outside organization meeting, even if the primary is there, to gain experience and knowledge. • If a Council Member must cancel a hotel reservation/registration, or the like, the Council Member will pay all costs associated with that cancellation. The City Clerk will give Council Members the cancellation policy of the event/hotel/etc. in advance if possible. • Any payment for travel and meeting expenses of a Council Member, or reimbursement thereof, shall be in accordance with the City of Gilroy Travel and Meeting Expense Policy, last revised on 3/2/2020. 3.2.a Packet Pg. 12 Attachment: Gilroy City Council Norms Revised 2-15-22 (3656 : Review of Council Norms adopted Jan. 25, 2021 and Consideration of Revisions CITY COUNCIL MEETING SPEAKER'S CARD Individual public comment is limited to 3 minutes per agenda item PLEASE PRINT NEATLY (to be used to call you to the podium) NAME: rs-0ft t,Jj.)f fi;r ~BD 0 Email/Mailing Address: ± ,e..rro ~eQ,r:til {111.J f;; , A.Jd (Optional, to be used ifrequest is made that staff respond back to you) AGENDA ITEM(S): NUMBER ~ -~~~-------------- TITLE ------------------ NUMBER ----------------- TITLE ________________ _ Please complete this card and present it to the City Clerk prior to the agenda item discussion. Completion of t~s speaker's card is voluntary . All persons may attend this meeting and speak regardless if a card is completed or not. When your name is called , please approach the podium, and after receiving recognition from 1 thci 1r r1esiding officer, speak directly into the microphone. CITY COUNCIL MEETING SPEAKER'S CARD Individual public comment is limited to 3 minutes per agenda item PLEASE PRINT NEATLY (to be used to call you to the podium) NAME: &,-l?~i:5/ Email/Mailing Address: J-/r /(r/2Kr-s:-k(? c_/,ei;.,~, ;,./~/ (Optional, to be used if request is made that staff respond back to you) AGENDAITEM(S): NUMBER Coa.n< r/ /1/tJ-<#?S- TITLE ~ NUMBER--~.,,.._·-=t_ ______________ _ TITLE ------------------- PleJse complete this card and present it to the City Clerk prior to the agenda item discussion. Completion of this speaker's card is voluntary. All persons may attend this meeting and speak regardless if a card is completed or not. When your name is called, please approach the podium, and after receiving recognition from the presiding officer, speak directly into the microphone. CITY COUNCIL MEETING SPEAKER'S CARD Indi vidual public comment is limited to 3 minutes per agenda item PLEASE PRINT NEATLY (to be used to call you to the podium) NAME: i/Ze., bcc.cA--5~ee.-f Email/Mailing Address: rsc ku ( <}) vd-z_()-,A . N,e., +- (Optional, to be used ifrequest is made that staff respond back to you) AGENDA ITEM(S): NUMBER _______________ _ TITLE ----------------- NUMBER ). L. --------------- TITLE ------------------ Please complete this card and present it to the City Clerk prior to the agenda item discussion. Completion of this speaker's card is voluntary. All persons may attend this meeting and speak regardless if a card is completed or not. When your name is called, please approach the podium, and after receiving recognition from 1 the pr,<.".s iding officer, speak directly into the microphone.