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05/16/2022 City Council Regular Meeting (01 - Preliminary Agenda) May 9, 2022 2:04 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, MAY 16, 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 an d 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 Disab ilities 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. 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 exi sting facts and circumstances, there is a City Council Regular Meeting Agenda 05/16/2022 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 Ci ty 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. Youth and Commission Annual Presentation 3.2. Presentation from Santa Clara County Public Health (Tobacco Prevention) 3.3. 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. City Council Regular Meeting Agenda 05/16/2022 Page3 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 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 05/16/2022 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 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 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 th e 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 City Council Regular Meeting Agenda 05/16/2022 Page5 discussed in the order in which it appears. 6.1. City Council - Regular Meeting - May 2, 2022 6:00 PM 6.2. A Resolution of the City Council of the City of Gilroy Proclaiming the Month of May 2022 as Affordable Housing Month 6.3. Resolution Proclaiming the Month of June 2022 as LGBTQ Pride Month 6.4. A Resolution of the City Council of the City of Gilroy Calling a General Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 8, 2022 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters 6.5. Award Professional Service Contracts to the Council Approved On- Call Consultants List for Planning Services, Environmental Reviews and Historical Evaluations (21-RFQ-CDD-330) 6.6. Claim of Maria Galeana (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim.) 6.7. Second Reading and Adoption of An Ordinance of the City Council of the City of Gilroy Military Use Policy 708 Pursuant to Assembly Bill 481 7. BIDS AND PROPOSALS 8. PUBLIC HEARINGS 8.1. Approval of the Community Development Block Grant and Permanent Local Housing Allocation Public Service Grant Allocations and Community Development Block Grant Annual Action Plan for Fiscal Year 2022-2023 1. Staff Report: Crystal Zamora, Program Administrator 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: a) Conduct a public hearing and solicit comments on the draft 2022-2023 Annual Action Plan. b) Approve Option D for the Community Development Block Grant (CDBG) and Permanent Local Housing Allocation (PLHA) public service grant allocations for Fiscal Year 2022-2023. c) Council adopt the draft 2022-2023 Annual Action Plan, incorporating any changes that Council may wish to make. 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS City Council Regular Meeting Agenda 05/16/2022 Page6 10.1. Consideration of a Resolution Authorizing the Enforcement of Assembly Bill No. 1276 Prohibiting Food Facilities from Providing Any Single-Use Foodware Accessory or Standard Condiment Under Certain Conditions 1. Staff Report: Bryce Atkins, Senior Management Analyst 2. Public Comment 3. Possible Action: Council adopt the resolution. 10.2. Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2022-2023 1. Staff Report: Pedro Espinoza, Police Chief 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified School District for two school resource officers, including cost sharing, for fiscal year 2022-2023. 10.3. Approval of the Third Operating Memorandum to the Glen Loma Ranch Development Agreement 1. Staff Report: Melissa Durkin, Planner II 2. Public Comment 3. Possible Action: Approve the Third Operating Memorandum to the Glen Loma Ranch Development Agreement. 10.4. Introduction of Comprehensive User Fee Study 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: 1. Receive report. 10.5. Receive an Update on the Refinancing Pension Obligations Project and Approval of Issuance of the Pension Obligation Bonds 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: 1. Receive an update. 2. Direct staff to refinance the pension obligation via issuance of pension obligation bonds. 10.6. Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program Through May 31, 2023 City Council Regular Meeting Agenda 05/16/2022 Page7 1. Staff Report: Cindy McCormick, Customer Service Manager 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy extending the City of Gilroy “Al Fresco” Outdoor Dining Program through May 31, 2023 11. CITY ADMINISTRATOR'S REPORTS 12. CITY ATTORNEY'S REPORTS 13. CLOSED SESSION 14. ADJOURNMENT FUTURE MEETING DATES 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. AUGUST 2022 1* Regular Meeting - 6:00 p.m. 15* Regular Meeting - 6:00 p.m. SEPTEMBER 2022 12* Regular Meeting - 6:00 p.m. 19* Regular Meeting - 6:00 p.m. *Meeting is televised and webstreamed