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06/06/2022 City Council Regular Meeting (02 - Final Agenda) June 2, 2022 10:30 AM 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, JUNE 6, 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, inc luding 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 06/6/2022 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 2.1.1. Retirement Proclamation of Patrick Sullivan 3. PRESENTATIONS TO THE COUNCIL 3.1. 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 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 a genda 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 06/6/2022 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. 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. 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 (alterna te), 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 Boa rd, 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 City Council Regular Meeting Agenda 06/6/2022 Page4 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 calend ar 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. City Council - Regular Meeting - May 16, 2022 6:00 PM 6.2. A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2022-23 6.3. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2018-02, Home Ranch – Tract 10302 6.4. Approval of the First Extension Term of the Agreement for Golf Course Services with Gilroy Golf Course, Inc. 6.5. Third Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services 6.6. Consent to the Appointment of Sharon Goei as Community Development Director 7. BIDS AND PROPOSALS 7.1. AWS Data Center Environmental Impact Review (EIR) Award of Consultant Contract 1. Staff Report: Cindy McCormick, Customer Service Manager 2. Public Comment 3. Possible Action: Award a Contract to Circlepoint in the amount of $175,000 for preparation of the AWS Data Center EIR and authorize the City Administrator to execute the contract and associated documents. City Council Regular Meeting Agenda 06/6/2022 Page5 7.2. Award a Contract to Ausonio, Inc. in the amount of $499,052 for the Cherry Blossom Apartment Refurbishment Project 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: It is staff's recommendation for the City Council to: 1. Adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2022-2023 budget to appropriate $499,052 for this project: $250,000 from the fund balance of the Housing Trust Fund, $150,000 from the General Fund, and $99,052 from the fund balance of Facilities Internal Service Fund. 2. Award a construction contract in the amount of $499,052 to Ausonio, Inc. for the refurbishment of the Cherry Blossom Apartment building. 3. Authorize the City Administrator to execute the related contract documents and approve any future change orders and items within the approved project budget. 8. PUBLIC HEARINGS 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS 10.1. Consideration of Entering into an Agreement with Visit Gilroy for Tourism-Related Economic Development Services and Adopting a Resolution of the City Council of the City of Gilroy Amending the Budget for the City of Gilroy for Fiscal Year 2022-23 1. Staff Report: Bryce Atkins, Senior Management Analyst 2. Public Comment 3. Possible Action: Council: a) Approve the agreement and authorize the City Administrator to execute; and b) Adopt a resolution amending the Fiscal Year 2022-23 Operating Budget. 10.2. Approval of Third Extension of the Exclusivity Agreement with Sharks Sports & Entertainment, LLC to Fully Assess the Potential of Having the Sharks Organization Operate a New Indoor Recreational Facility 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Approve the third extension to the exclusivity a greement with the Sharks Sports & Entertainment, LLC, and authorize the City Administrator to execute the agreement. City Council Regular Meeting Agenda 06/6/2022 Page6 10.3. Wiley House Lease Amendment 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Approve an amendment to the lease with Advantage Peak, LLC for use of the City-owned property at 140 5th Street, also known as the Wiley House. 10.4. Adopt a Resolution of the City Council of the City of Gilroy Authorizing the City Administrator to Execute Agreements with the California Department of Transportation for the City Of Gilroy’s Clean California Grant Project 1. Staff Report: Karine Decker, Management Analyst - Economic Development 2. Public Comment 3. Possible Action: Council adopt the resolution. 10.5. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds 1. Staff Report: Ogarita Carranza, Management Analyst 2. Public Comment 3. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for Fiscal Year 2022-23 to be funded by SB-1: The Road Repair and Accountability Act of 2017. 11. CITY ADMINISTRATOR'S REPORTS 11.1. Update on the City’s Social Media Strategy 11.2. Summer Aquatics Program 11.3. Potential Design-Build Charter Amendment 12. CITY ATTORNEY'S REPORTS City Council Regular Meeting Agenda 06/6/2022 Page7 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 JUNE 2022 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