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04/18/2022 City Council Regular Meeting (02 - Final Agenda) April 14, 2022 2:10 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 18, 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 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 d elivered 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. 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 City Council Regular Meeting Agenda 04/18/2022 Page2 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 1.2. Orders of the Day 1.3. Employee Introductions 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 3. PRESENTATIONS TO THE COUNCIL 3.1. Visit Gilroy / CWC Gilroy 2021 Annual Report 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 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 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 received by the City Clerk’s Office by 1:00pm on the day of a Council City Council Regular Meeting Agenda 04/18/2022 Page3 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. I tems 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 04/18/2022 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 Wast ewater 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 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 5. FUTURE COUNCIL INITIATED AGENDA ITEMS 6. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the Cit y 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 April 4, 2022 City Council Regular Meeting City Council Regular Meeting Agenda 04/18/2022 Page5 6.2. Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2021 Through December 31, 2021. 6.3. Approval of the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program 6.4. First Amendment to the Solid Waste Disposal Contract for Approval of Alternate Disposal Facilities 6.5. Second Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services 6.6. Claim of Petra Reynoso (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) 6.7. Claim of Jose Manuel Reynoso, Sr. (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) 7. BIDS AND PROPOSALS 7.1. Award a Contract to Norcal Contractor for the Eigleberry and Seventh Parking Lot Project (No. 20-PW-444), and approve a project expenditure of $2,310,000 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this project: $300,000 from the fund balance in the Facilities Internal Service Fund (Fund 651); $260,000 from the fund balance in the Capital Projects Fund (Fund 400); and $250,000 in a pavement program reimbursement transfer from the Gas Tax Fund (Fund 213) into the Capital Projects Fund (Fund 400), and appropriate its use for the project. b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38 with an additional project contingency of $182,549 (10%), for a total construction cost of $2,008,034 and $301,966 for costs associated with design, permitting and advertising for a total project cost of $2,310,000 for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and authorize the City Administrator to execute the contract and associated documents. 7.2. Award a Contract to McKim Corporation for the FY22 Citywide Pavement Maintenance Project (No. 22-PW-273), and approve a project expenditure of $4,518,787 City Council Regular Meeting Agenda 04/18/2022 Page6 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021 -2022 and appropriating proposed expenditure amendments; and b) Award a Contract to McKim Corporation in the amount of $4,107,988.27 with an additional project contingency of $410,798 (10%), for a total construction cost of $4,518,787 for the FY22 Citywide Pavement Maintenance Project, No. 22-PW-273, and authorize the City Administrator to execute the contract and associated documents. 7.3. Approval of a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 to extend the HVAC Maintenance Services Agreement for an additional two years. 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: Approve a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 ($140,548 in year four, $146,169 in year five), with a contingency of 15% ($43,008), and authorize the City Administrator to execute the amendment to the agreement and all related documents. 8. PUBLIC HEARINGS 8.1. Tentative Map Application to Subdivide Approximately 2.88 Acres for Build-out of the Palomino Phase II Neighborhood of the Glen Loma Ranch Specific Plan 1. Staff Report: Melissa Durkin, Planner II 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a resolution approving Tentative Map TM 21-05, subject to certain findings and conditions. 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS 10.1. Recreational Vehicle Tow Policy 1. Staff Report: Juan Rocha, Police Captain 2. Public Comment 3. Possible Action: Receive Report City Council Regular Meeting Agenda 04/18/2022 Page7 11. CITY ADMINISTRATOR'S REPORTS 11.1. Grant Application for the 10th Street Bridge 12. CITY ATTORNEY'S REPORTS 13. CLOSED SESSION 13.1. 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 Understanding: 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. 14. 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) 15. ADJOURNMENT FUTURE MEETING DATES APRIL 2022 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. JULY 2022 5* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised