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05/16/2022 City Council Regular Meeting Adopted 06/06/2022City Council Regular Meeting Minutes May 16, 2022 Page 1 of 8 City Council Meeting Minutes 05/16/2022 City of Gilroy City Council Meeting Minutes May 16, 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 Marques led the Pledge of Allegiance. 2. Invocation Pastor Grant Bennett from Gilroy First Baptist Church led the Invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. 4. ROLL CALL Attendee Name Title Status Marie Blankley Mayor Present Rebeca Armendariz Council Member Present Dion Bracco Council Member Present Zach Hilton Council Member Present Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Present Fred Tovar Council Member Present 1.2. Orders of the Day There were none. 1.3. Employee Introductions There were none. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations There were none. 3. PRESENTATIONS TO THE COUNCIL 3.1. Youth Commission Annual Presentation Chair Padda provided the presentation. Possible Action: 3.2. Presentation from Santa Clara County Public Health (Tobacco Prevention) City Council Regular Meeting Minutes May 16, 2022 Page 2 of 8 City Council Meeting Minutes 05/16/2022 Don Tran from Santa Clara County Public Health provided the presentation and responded to Council Member questions. 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 Mayor Blankley opened the public comment period. The following individuals spoke on items not on the agenda: Kelly Ramirez served Notice of Intent to Recall to Council Member Armendariz. Carol Baker requested urged Council for stronger second-hand smoke ban ordinance. Dr. Alan Goldsobel urged Council for stronger second-hand smoke ban ordinance. Kiran Kaur from Breathe California expressed full support for Council to stronger second-hand smoke ban ordinance. Audrey Fleige described her personal experience from second-hand smoke and urged Council for stronger second-hand smoke ban ordinance. Jimmy Apffel from Bloom Energy invited Council and the community to the second annual Stars and Strides Community Run at San Jose scheduled for July 2, 2022. Gabriela Mendoza expressed support for Council Member Armendariz. There being no further public comment, Mayor Blankley closed public comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported on the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event and thanked Council Member Tovar for putting up the event. Council Member Armendariz had no report. Council Member Marques had no report, but express support of the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event. Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board. Council Member Tovar reported on the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event and Downtown Gourmet Alley Ad Hoc Committee. City Council Regular Meeting Minutes May 16, 2022 Page 3 of 8 City Council Meeting Minutes 05/16/2022 Vice Mayor Leroe-Muñoz reported on the Cities Association of Santa Clara County Board of Directors and expressed support and prayers to the victims of the racially motivated shootings last weekend. Mayor Blankley reported on VTA Policy Advisory Committee. 5. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Hilton requested to agendize for council to discuss amending Chapter 19B of the Gilroy Municipal Code regarding smoking prohibitions. The item received unanimous support. Council Member Hilton requested an informational item report from City staff with regards to the Challenge Grant and modular units on City owned property. The item received majority support. 6. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley opened public comment. Jan Guffey urged Council to support agenda item 6.2. There being no further speakers, Mayor Blankley closed public comment. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 6.1. City Council - Regular Meeting - May 2, 2022 6:00 PM A motion was made to approve the minutes. 6.2. A Resolution of the City Council of the City of Gilroy Proclaiming the Month of May 2022 as Affordable Housing Month A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-23 6.3. Resolution Proclaiming the Month of June 2022 as LGBTQ Pride Month A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-24 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 A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-25 City Council Regular Meeting Minutes May 16, 2022 Page 4 of 8 City Council Meeting Minutes 05/16/2022 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) A motion was made to award the contract and authorize the City Administrator to execute the contracts and associated documents. 6.6. Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program Through May 31, 2023 A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-26 6.7. A Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2012-46 and Adopting the Updated Complete Streets Policy A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-27 6.8. Claim of Maria Galeana (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim.) A motion was made to deny the claim. 6.9. 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 A motion was made to adopt the ordinance. Enactment No.: Ordinance No. 2022-04 7. BIDS AND PROPOSALS There were none listed. 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 (Continued from May 2, 2022 City Council Regular Meeting) Mayor Blankley asked Council Members if they received any ex-parte communications. No ex-parte communications were reported. Council Member Armendariz notified she will be recusing herself from this item. Program Administrator Zamora gave staff presentation and responded to Council Member questions. Mayor Blankley reopened Public Hearing at 7:08 PM. City Council Regular Meeting Minutes May 16, 2022 Page 5 of 8 City Council Meeting Minutes 05/16/2022 The following individuals expressed support of funding CARAS that administers the RYSE UP Program: Marty Estrada Yesenia Andrade Sofia Montes Gabriela Mendoza Alexis Guzman Alarcon Isabel Santos There being no further comments, Mayor Blankley closed the Public Hearing at 7:20 PM. Council discussion ensued with regards to the item. Mayor Blankley reopened the Public Hearing at 7:51 PM. Marty Estrada stated that CARAS not doing nefarious and emphasized that CARAS and Council need to work together. Raymundo Armndariz stated that funds would not pay the staff and provided information in whom would be paid by the funds. Sally Armendariz stated that CARAS’s 990s are current that she does not get paid working at the organization. There being no further comments, Mayor Blankley closed the Public Hearing at 8:00 PM. A motion was made by Mayor Blankley, seconded by Council Member Leroe- Munoz, to approve Option D, reallocating the $8,500.00 and $20,000.00 to the other organizations within Option D in the same percentages. The motion failed by the following vote: RESULT: FAILED [2 TO 4 WITH 1 RECUSAL] MOVER: Marie Blankley, Fred Tovar SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Marie Blankley, Peter Leroe-Muñoz NAYS: Dion Bracco, Zach Hilton, Carol Marques, Fred Tovar RECUSED: Rebeca Armendariz x A motion was made by Council Member Hilton, seconded by Council Member Tovar, to approve Option D as recommended by staff and moving forward, staff provides Council the information on who directly benefits from the grants. The motion passed by the following vote: City Council Regular Meeting Minutes May 16, 2022 Page 6 of 8 City Council Meeting Minutes 05/16/2022 RESULT: APPROVE AS AMENDED [5 TO 1 WITH 1 RECUSAL] MOVER: Zach Hilton, Council Member SECONDER: Fred Tovar, Council Member AYES: Bracco, Hilton, Leroe-Muñoz, Marques, Tovar NAYS: Marie Blankley RECUSED: Rebeca Armendariz x A motion was made by Council Member Tovar, seconded by Council Member Bracco, to adopt the 2022-2023 Annual Action Plan. RESULT: APPROVE [6 TO 0 WITH 1 RECUSAL] MOVER: Fred Tovar, Council Member SECONDER: Zach Hilton, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar RECUSED: Rebeca Armendariz 9. UNFINISHED BUSINESS There were none. 10. INTRODUCTION OF NEW BUSINESS 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 Senior Management Analyst Atkins gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. Possible Action: Council adopt the resolution. RESULT: APPROVE [6 TO 1] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Zach Hilton, Council Member AYES: Blankley, Armendariz, Hilton, Leroe-Muñoz, Marques, Tovar NAYS: Dion Bracco 10.2. Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2022-2023 Chief Espinoza gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. City Council Regular Meeting Minutes May 16, 2022 Page 7 of 8 City Council Meeting Minutes 05/16/2022 The following speakers expressed opposition to the item: Marty Estrada Raymundo Armendariz Luis Castro Joel Simancas Xavier Garcia Samuel Bass Deborah Padilla from Gilroy Unified School District requested Council to approve the resolution. Ron Kirkish stated School Resource Officers are needed to protect students. There being no further comments, Mayor Blankley closed public comment. 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. RESULT: APPROVE [5 TO 2] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Rebeca Armendariz, Zach Hilton 10.3. Introduction of Comprehensive User Fee Study Update Finance Director Sangha gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. Possible Action: Receive report. RESULT: RECEIVE REPORT 10.4. Receive an Update on the Refinancing Pension Obligations Project and Approval of Issuance of the Pension Obligation Bonds Finance Director Sangha gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. City Council Regular Meeting Minutes May 16, 2022 Page 8 of 8 City Council Meeting Minutes 05/16/2022 Possible Action: 1. Receive an update. 2. Direct staff to refinance the pension obligation via issuance of pension obligation bonds. RESULT: RECEIVE REPORT 11. CITY ADMINISTRATOR'S REPORTS 11.1. Gilroy PD Use of Flock Security Cameras City Administrator Forbis provided staff presentation on this item. City Administrator Forbis and Chief Espinoza responded to Council Member questions. 11.2. Civic Center Projects City Administrator Forbis provided staff presentation on this item. 11.3. Small Business Relief Program City Administrator Forbis provided staff presentation on this item. 11.4. CalHome Program County Award City Administrator Forbis provided staff presentation on this item. 12. CITY ATTORNEY'S REPORTS There were none. 13. CLOSED SESSION There were none. 14. ADJOURNMENT The meeting was adjourned at 9:19 P.M. by Mayor Blankley. 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 June 6, 2022. Thai Pham, CMC, CPMC City Clerk