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01/10/2022 City Council Regular Meeting (02 - Final Agenda) January 7, 2022 4:35 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 CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, JANUARY 10, 2022 **AMENDED** 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 sp eaker 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 meetin g 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 review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. City Council Regular Meeting Agenda 01/10/2022 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 I. OPENING 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 III. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 01/10/2022 Page3 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 C ouncil 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 agend a 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 received by the City Clerk’s Office by 1:00pm on the day of a Council meeti ng 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 wil l 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 01/10/2022 Page4 IV. 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 Ta sk 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 Agency 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 Advisory Committee, VTA South County City Group V. FUTURE COUNCIL INITIATED ITEMS City Council Regular Meeting Agenda 01/10/2022 Page5 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. 1. December 6, 2021 City Council Regular Meeting Minutes 2. December 13, 2021 City Council Special Meeting Action Minutes 3. Claim of Westwood Inv., LLC (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS 1. Award of Contract for CEQA Review of Planning Application's AS21-13 and TM 21-02 for 6970 Camino Arroyo Development Project. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Possible Action: Award a contract to EMC Planning in the amount of $169,049.00 for preparation of an initial study/mitigated negative declaration for Planning Application AS 21 - 13 and authorize the City Administrator to execute the contract and associated documents. 2. Approval of a Fiscal Year 2021-2022 Budget Amendment Increasing Appropriations in the Amount of $63,502 and Award of a Contract to Burkett's Pool Plastering Inc. for a Base Bid amount of $280,457, with a contingency of $28,045 for the Christopher High School Activity Pool Re - Plaster, Project No. 22-ASD-271. 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: a. Adopt a resolution of the City Council of the City of Gilroy amending the FY 22 budget to transfer $63,502 from Capital Projects Fund (400) to Fa cilities Fund (651) and appropriate the related expenditure for the Pool Replaster project. b. Award a contract to Burkett's Pool Plastering Inc. for the base bid price of $280,457 for the Christopher High School Activity Pool Re-plaster, Project No. 22-ASD-271, establish a contingency of up to $28,045 (10%), and authorize the City Administrator to execute the contract and associated documents. VIII. PUBLIC HEARINGS City Council Regular Meeting Agenda 01/10/2022 Page6 IX. UNFINISHED BUSINESS 1. Streamline Consolidation of the City's Boards and Commissions 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council: a) Adopt A Resolution of the City Council of the City of Gilroy Consolidating the Housing and Neighborhood Revitalization Committee, Historic Heritage Committee, and the Street Naming Committee, and Placing Their Associated Board Functions Under the Authority of the Planning Commission. b) Motion to read the ordinance by title only and waive further reading. c) Introduce an Ordinance of the City Council of the City of G ilroy Consolidating the Bicycle Pedestrian Commission and Placing Their Associated Board Functions for Infrastructure Planning and Development Review Under the Authority of the Planning Commission, and the Associated Board Functions for Education and Encouragement Activities Under the Authority of the Parks and Recreation Commission. X. INTRODUCTION OF NEW BUSINESS 1. Consideration of Authorizing Virtual Meetings Pursuant to Section 54953 of the Brown Act for Council and all Boards and Commissions 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Adopt Resolution authorizing virtual meetings pursuant to Section 54953 of the Brown Act for Council and all Boards and Commissions. 2. Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2021 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: Accept and file report. XI. CITY ADMINISTRATOR'S REPORT A. Covid-19 Update B. Status of In-Person Council Meetings C. City-wide Road Repairs Due to Recent Inclement Weather XII. CITY ATTORNEY'S REPORT XIII. CLOSED SESSION ADJOURNMENT City Council Regular Meeting Agenda 01/10/2022 Page7 MEETING DATES FUTURE MEETING DATE: JANUARY 2022 24* Regular Meeting - 6:00 p.m. FEBRUARY 2022 7* Regular Meeting - 6:00 p.m. 15* Special Meeting - Council Retreat - 6:00 p.m. 28* Regular Meeting - 6:00 p.m. MARCH 2022 7* Regular Meeting - 6:00 p.m. 21* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised