04/04/2022 City Council Regular Meeting (02 - Final Agenda)March 31, 2022 7:10 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, APRIL 4, 2022
**NOTE**: COUNCIL WILL OPEN INTO CLOSED SESSION AT THE BEGINNING OF
THE MEETING. COUNCIL ANTICIPATES ADJOURNING TO OPEN SESSION AT
6:30 P.M., OR SOON THEREAFTER
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. 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.
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 Bill 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 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
04/4/2022 Page2 A Closed Session may be called during this meeting pursuant to Government C ode 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
The agenda for this regular meeting is as follows:
1.Call to Order
1.Roll Call
2. City Clerk's Report on Posting the Agenda
2.CLOSED SESSION
2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of
Subdivision (d) and Paragraph (3) of Subdivision (e) of Government
Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b)
(Two Cases as Defendant based upon claims filed by Jesse Sanchez,
Jr. and Daniel Zuniga).
1.Receive advice from City Attorney pursuant to Gilroy City Code Section
17A.11(3) to assert the attorney-client privilege and enter into closed session
because discussion in open session would likely and unavoidably prejudice
the position of the City.
2.Receive Public Comment on Closed Session Item.
3.Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjou rn to
Closed Session.
3.ADJOURN TO OPEN SESSION (6:30 P.M., or soon thereafter)
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and GCC Section
17A.13 (a); Public Report of the vote to continue in closed session if required under
GCC Section 17A.11 (e)
City Council Regular Meeting Agenda
04/4/2022 Page3 4. OPENING OF OPEN SESSION
4.1. Call to Order
1. Pledge of Allegiance
2. Invocation
4.2. Orders of the Day
4.3. Employee Introductions
5. CEREMONIAL ITEMS
5.1. Proclamations, Awards, and Presentations
5.1.1. Proclamation in Support of Ukraine
6. PRESENTATIONS TO THE COUNCIL
6.1. 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 to 3 minutes each, varying 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 th e 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 received 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 th e
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
City Council Regular Meeting Agenda
04/4/2022 Page4 7. 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 Reg ional
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 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
8. FUTURE COUNCIL INITIATED AGENDA ITEMS
City Council Regular Meeting Agenda
04/4/2022 Page5 9. 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 unle ss 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.
9.1. Action Minutes for March 21, 2022 City Council Regular Meeting
9.2. Adopt a Resolution Establishing the City's Pension Funding Policy
9.3. Gilroy Senate Bill 9 Objective Design Standards Policy Update
9.4. Adoption of An Ordinance of the City Council of the City of Gilroy
Adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter
10A to Create and Enforce a Host Liability for Illegal Fireworks and
Illegal Use of Legal Fireworks
10. BIDS AND PROPOSALS
11. PUBLIC HEARINGS
11.1. Public Hearing to Establish a List of Properties Subject to the Weed
Abatement Program and Adoption of a Resolution Authorizing the
Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and
Refuse Accumulating Upon Property in the City of Gilroy Pursuant to
Section 12.51 of the Gilroy Code
1. Staff Report: Jonathan Crick, Deputy Fire Marshal
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire
Chief to abate the nuisance arising out of weeds growing and refuse
accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the
Gilroy City Code.
12. UNFINISHED BUSINESS
12.1. Appointments to City Boards, Commissions and Committees With
Open Vacancies
1. Staff Report: Thai Pham, City Clerk
2. Public Comment
3. Possible Action:
Appoint members to Boards, Commissions and Committees with open
vacancies.
City Council Regular Meeting Agenda
04/4/2022 Page6 13. INTRODUCTION OF NEW BUSINESS
13.1. Proposed Gilroy Police Department Policy for the Use of Military
Equipment in Accordance with Assembly Bill 481
1. Staff Report: Luke Powell, Captain
2. Public Comment
3. Possible Action:
Council Review and Provide Feedback Concerning the Military Equipment Use
Policy Pursuant to Assembly Bill 481
14. CITY ADMINISTRATOR'S REPORTS
14.1. Pickleball Update
14.2. 2021 Tree City
14.3. 2022 Valley Water Rate Adjustment
15. CITY ATTORNEY'S REPORTS
16. CLOSED SESSION
16.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC
Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General &
Supervisory Units) Representing Employees Affiliated with AFSCME,
Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters;
Gilroy Management Association Representing Mid-Management
Employees; Unrepresented Exempt Employees (Confidential, Department
Heads & Council-Appointed); Unrepresented Confidential Non-Exempt
Employees; Part-Time/Temporary/Seasonal Employees (Hourly &
Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips,
Administrative Services & Human Resources Director/Risk Manager
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandums of Understand ing: City of Gilroy and
Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101
General & Supervisory Units; City of Gilroy and Gilroy Management
Association (GMA)
1. Receive Public Comment on Closed Session Item.
17. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and GCC Section
17A.13 (a); Public Report of the vote to continue in closed session if required under
GCC Section 17A.11 (e)
18. ADJOURNMENT
City Council Regular Meeting Agenda
04/4/2022 Page7 FUTURE MEETING DATES
APRIL 2022
18* Regular Meeting - 6:00 p.m.
25* Special Joint Meeting with Gilroy Unified School District - 6:00 p.m.
MAY 2022
2* Regular Meeting - 6:00 p.m.
16* Regular Meeting - 6:00 p.m.
JUNE 2022
6* Regular Meeting - 6:00 p.m.
20* Regular Meeting - 6:00 p.m.
*meeting is webstreamed and televised