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02/07/2022 City Council Regular Meeting (02 - Final Agenda) February 3, 2022 4:05 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY OF GILROY VIRTUAL MEETING VIA ZOOM GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, FEBRUARY 7, 2022 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 THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361. MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org. Pursuant to California Assembly Bill 361, a local legislative body is authorized to hold public meetings remotely and to make those meetings accessible to all members of the public seeking t o observe and to address the local legislative body by remote means only via a technology solution. As such, the City will provide various options for the public to participate in the conduct of the meeting, as indicated in detail below on this cover sheet. In order to minimize the spread of the COVID 19 virus, the City will be offering online conferencing via Zoom, Facebook Live, and telephone for the public to view or listen to this meeting. Written comments can be submitted by email to Thai Nam Pham, Ci ty Clerk, at cityclerk@cityofgilroy.org. Please note that written comments will not be read out loud, but it will be part of the written record. To Participate via Zoom: Weblink: https://bit.ly/32wnNSt Or via Telephone: +1 669 900 6833 Webinar ID: 898 0620 9679 Passcode: 243873 To View the Meeting Live on Facebook: Weblink: https://www.facebook.com/CityofGilroy 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. City Council Regular Meeting Agenda 02/7/2022 Page2 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. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU. In compliance with the Americans with Disabilities Act, and Assembly Bi ll 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 thi s meeting, or in written correspondence delivered to the City Council a t, 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 circumstance s, 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 The agenda for this regular meeting is as follows: 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 City Council Regular Meeting Agenda 02/7/2022 Page3 1.2. Orders of the Day 1.3. Employee Introductions 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 3. 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 3.1. State Senator John Laird 3.2. 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 within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 minute each. 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. 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 comments to address the Council on matters not on this agenda may be e-mailed 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 receive d by the City Clerk’s Office by 1:00pm 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 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically. City Council Regular Meeting Agenda 02/7/2022 Page4 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater Authority (Alternate) Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate) Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agen cy Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Ad visory Committee, VTA South County City Group 5. FUTURE COUNCIL INITIATED AGENDA ITEMS City Council Regular Meeting Agenda 02/7/2022 Page5 6. 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. 6.1. Action Minutes for January 24, 2022 City Council Regular Meeting 6.2. Resolution Of The City Council Of The City Of Gilroy Making Required Findings To Allow The Continuation Of Remotely Held Meetings Of The City Council and all Boards and Commissions Pursuant To Section 54953 of the Brown Act 7. BIDS AND PROPOSALS 7.1. Approval of an Agreement with Park Consulting Group for a Not to Exceed Amount of $284,000 for EnerGov LMS Professional Services 1. Staff Report: Cindy McCormick, Customer Service Manager 2. Public Comment 3. Possible Action: Approve a professional services agreement with Park Consul ting Group for a not to exceed amount of $284,000 to complete implementation of the EnerGov LMS Project, and authorize the City Administrator to execute the agreement. 7.2. Award of Contract to Swimming Swan LLC in the Amount of $358,750.00 to Serve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22-RFP-AD-463). 1. Staff Report: Adam Henig, Recreation Manager 2. Public Comment 3. Possible Action: Award contract to Swimming Swan LLC in the amount of $358,750.00 to serve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22-RFP-AD-463) and authorize the City Administrator to execute the contract and associated documents. 8. PUBLIC HEARINGS There are No Public Hearings. 9. UNFINISHED BUSINESS 9.1. Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2021 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2021. City Council Regular Meeting Agenda 02/7/2022 Page6 10. INTRODUCTION OF NEW BUSINESS 10.1. Consent of the Appointment of Jon Biggs as Interim Community Development Director (Retired Annuitant) effective February 8, 2022 and Adoption of a Resolution of the City Council of the City of Gilroy Approving the Exception to the 180-Day Wait Period for Jon Biggs and Approving the Interim Appointment and Employment Agreement Pursuant to California Government Code 21221(h) 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: a) Consent of the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (as a retired annuitant) effective February 8, 2022. b) Adopt a Resolution of the City Council of the City of Gilroy approving the exception to the CalPERS 180-day wait period for the appointment of Jon Biggs (retired annuitant), consenting the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (Retired Annuitant) pursuant to California Government Code Section 21221(h), and authorizing the City Administrator to execute the employment agreement. 10.2. Adoption of a Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2021-17 and Adopting the Amended and Restated Flying Flags at City Facilities Policy 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council adopt the resolution. 10.3. Resolution to Approve 4-hour Limited-Term Parking at San Ysidro Park 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: Approval of a Resolution to Approve 4-hour Limited-Term Parking Along the Murray Avenue and Lewis Street Frontage of San Ysidro Park 11. CITY ADMINISTRATOR'S REPORTS 11.1. Citywide Fiber Optic Project Update 12. CITY ATTORNEY'S REPORTS City Council Regular Meeting Agenda 02/7/2022 Page7 13. CLOSED SESSION 13.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8 (a) (2) 13.1.1. Property: Gilroy Sports Park, 5925 Monterey Frontage Road (APN’s 808-221-026, -028, and -030) Negotiators: Jimmy Forbis, City Administrator Other Party to Negotiations: Sharks Sports and Entertainment, LLC Under Negotiations: Price and Terms of Lease 13.1.2. Properties: 10th Street Bridge: APNs 808- 19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19-029 Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale 14. ADJOURNMENT FUTURE MEETING DATES: FEBRUARY 2022 15* Special Meeting - Council Retreat - 6:00 p.m. (in person) 28* Regular Meeting - 6:00 p.m. MARCH 2022 7* Regular Meeting - 6:00 p.m. 21* Regular Meeting - 6:00 p.m. APRIL 2022 4* Regular Meeting - 6:00 p.m. 18* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised.