02/07/2022 City Council Regular Meeting Adopted 02/28/2022City Council Regular Meeting Minutes
February 7, 2022
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City Council Regular Meeting Minutes
02/7/2022
City of Gilroy
City Council Meeting Minutes
February 7, 2022
1. OPENING
1.1 Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.
1. Pledge of Allegiance
Council Member Tovar led the Pledge of Allegiance.
2. Invocation
There was none.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Remote
Rebeca Armendáriz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Vice Mayor Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote
2. Orders of the Day
There were none.
3. Employee Introductions
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1 State Senator John Laird
California State Senator Laird provided a status update on legislative matters and
responded to Council Members questions.
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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
Mayor Blankley opened the public comment period.
City Clerk Pham reported one written comment was received Mercedes
Chun wrote about the apartments being built on the corner of Santa Teresa
and Highway 152.
There were no audio comments.
There being no public comment, Mayor Blankley closed public comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on Santa Clara County Library JPA meeting.
Council Member Armendáriz had nothing to report.
Council Member Marques reported on Gilroy Downtown Business Association
Board meeting.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board,
Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar reported on the delay of the Gourmet Alley Ad Hoc
Committee meeting.
Council Member Leroe-Muñoz reported on SCVWD Water Commission meeting.
Mayor Blankley reported on SCVWD Joint Council-SCRWA-Board Water
Resources Committee and announced the City Council Special Retreat Meeting
scheduled for February 15th.
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Vice Mayor Leroe-Muñoz requested an ordinance to ban the use of plywood
covering windows and doors at vacant properties in Downtown Gilroy from 1st
through 10th Street. The item received unanimous support.
Council Member Tovar reminded City Administrator Forbis about his request to
have an update from the Garlic Festival Association.
6. CONSENT CALENDAR (ROLL CALL VOTE)
Council Member Marques requested to pull Agenda Item 6.2 from the Consent
Calendar.
6.1 Action Minutes for January 24, 2022 City Council Regular Meeting
A motion was made by Council Member Leroe-Muñoz, seconded by Council
Member Marques, to approve the minutes. The motion was carried by the following
vote:
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RESULT: APPROVE [UNANIMOUS]
MOVER: Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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
Council discussion ensued between the members about the item.
Mayor Blankley opened Public Comment.
There being no public comment, Mayor Blankley closed public comment.
A motion was made by Council Member Leroe-Muñoz, seconded by Council
Member Tovar, to adopt the resolution. The motion was carried by the following
vote:
RESULT: APPROVE [5 to 2]
MOVER: Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendáriz, Hilton, Leroe-Muñoz, Tovar
NAYES: Bracco, Marques
Enactment No: Resolution No. 2022-07
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
Customer Service Manager McCormick gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
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Possible Action:
Approve a professional services agreement with Park Consulting 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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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).
Recreation Manager Henig and President Melissa Swanson of Swimming Swan
LLC gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
City Clerk Pham reported that two written comments were provided by Mary
Yates and Adrienne Rodriguez.
The following speakers spoke in support of the item:
Cat Tucker
Kristin Brown
Theresa Graham
Mak Gupta was concerned about the liability issue and requested Council
not to rush into passing the item. Human Resources Director McPhillips
briefly responded to the speaker’s concern.
There being no further comments, Mayor Blankley closed public comment.
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendáriz, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
8. PUBLIC HEARINGS
No Public Hearings listed.
9. UNFINISHED BUSINESS
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9.1. Annual Appointments to City Boards, Commissions and Committees With
Seats Vacant or Expired as of December 31, 2021
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
Appoint members to Boards, Commissions and Committees with seats
vacant or expired as of December 31, 2021.
The following appointments were made by Council:
Arts and Culture Commission
Camille McCormack (Term Expires 12/31/2025)
Carmine DePaulo (Term Expires 12/31/2024)
Frank Patterson (Term Expires 12/31/2025)
Alexandra Perdew (Term Expires 12/31/2025)
Library Commission
Saeid Nooshabadi (Term Expires 12/31/2025)
Open Government Commission
None
Parks & Recreation Commission
Eric Arredondo (Term Expires 12/31/2025)
Personnel Commission
Marissa Haro (Term Expires 12/31/2025)
Nita Edde-Mitchell (Term Expires 12/31/2025)
Planning Commission
Annedore Kushner (Term Expires 12/31/2025)
Adriana Leongardt (Term Expires 12/31/2025)
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)
Human Resources Director McPhillips gave staff presentation and introduced Mr.
Jon Biggs to Council. Both responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
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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.
A motion was made by Council Member Tovar, seconded by Council Member
Hilton, to approve the Consent of the City Administrator’s recommendation to
appoint Jon Biggs as Interim Community Development Director (as a retired
annuitant) effective February 8, 2022. The motion was carried by the following
vote:
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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.
A motion was made by Vice Mayor Leroe-Muñoz, seconded by Council Member
Marques, to adopt the resolution. The motion was carried by the following vote:
RESULT: APPROVE [UNANIMOUS]
MOVER: Leroe-Muñoz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-08
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
City Administrator Forbis gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
City Clerk Pham reported that three individuals provided written comments prior to
the City Council meeting with regards to the item.
Cat Tucker spoke in favor of this item but suggested to have the flags
displayed at the Paseo in Downtown Gilroy.
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Kim Sullivan reiterated to Council that the only flags that should be flown at
City Hall is the City, State, and Federal flag as it is inclusive of all genders,
ethnic groups, and religions. She also voiced that the Council would show
favoritism if Pride flag was flown in exclusion of the new flag policy.
Eric Howard questioned if it is the City’s role to fly flags of every organization
and is concerned that this item will turn political.
There being no further comments, Mayor Blankley closed public comment.
A motion was made by Mayor Blankley, seconded by Vice Mayor Leroe-Muñoz, to
adopt the resolution and make the amendments to the policy:
• For continuing applications, the requirement for 150 signatures will apply every
other year.
• The Pride Flag is grandfathered in for 2022 but will follow the process of
collecting signatures and application in the next cycle.
• The applicant shall supply the flags to City Staff.
• The flags are only to be displayed at City Hall.
The motion was carried by the following vote:
RESULT: APPROVE AS AMENDED [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No: 2022-09
10.3 Resolution to Approve 4-hour Limited-Term Parking at San Ysidro Park
City Engineer Heap gave staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment.
Jorge Mendoza thanked Council for looking at the issue and is in support of the
item.
There being no further comments, Mayor Blankley closed public comment.
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
RESULT: APPROVE
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendáriz, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No.: 2022-10
11. CITY ADMINISTRATOR'S REPORTS
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11.1 Citywide Fiber Optic Project Update
City Administrator Forbis and Public Works Director Jordan provided an
update on the item and responded to Council Member questions.
12. CITY ATTORNEY'S REPORTS
None provided.
13. CLOSED SESSION
Mayor Blankley adjourned Regular Meeting to Closed Session at 9:05 p.m.
The City Council convened in Closed Session at 9:10 p.m.
The Council vote to stay in closed session was unanimous.
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
No reportable action.
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
No reportable action.
14. ADJOURNMENT
The meeting was adjourned at 9:26 P.M.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at
a regular meeting of the City Council of the City of Gilroy on February 28, 2022.
____________________________
Thai Pham, CMC, CPMC
City Clerk