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06/20/2022 City Council Regular Meeting (01 - Preliminary Agenda) June 13, 2022 3:30 PM City Council Regular Meeting Preliminary 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 20, 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 a nd 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. 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 Preliminary Agenda 06/20/2022 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 C ity 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. Proclamation - Parks Make Life Better! Month 2.1.2. Proclamation - 50th Anniversary of Title IX 2.1.3. Retirement Proclamation - Randy Decker 2.1.4. Reitrement Proclamation - Tracy Kester 2.1.5. Retirement Proclamation - Nestor Quinones City Council Regular Meeting Preliminary Agenda 06/20/2022 Page3 3. COMMISSION INTERVIEWS 3.1. Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of June 10, 2022 for Future Appointment July 5, 2022 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Interview candidates for open seats on City Boards, Commissions, and Committees vacant as of March 21, 2022. 4. PRESENTATIONS TO THE COUNCIL 4.1. 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 reque sted 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 agend a 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. 4.2. Presentation by Frontier Communications Concerning Gilroy Fiber- optic Upgrades 5. COUNCIL CORRESPONDENCE 5.1. City Council Member Meeting Attendance 5.2. Correspondence from Santa Clara Valley Transportation Authority 5.3. LAFCO Budget for FY 2022-2023 City Council Regular Meeting Preliminary Agenda 06/20/2022 Page4 6. 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 Reg ional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 7. FUTURE COUNCIL INITIATED AGENDA ITEMS 8. 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 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. City Council Regular Meeting Preliminary Agenda 06/20/2022 Page5 8.1. City Council - Regular Meeting - Jun 6, 2022 6:00 PM 8.2. Adopt a Resolution of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2022-2023 for the Gilroy Community Library Project Bonds 8.3. Amendment to the Agreement with Cal-West Lighting and Signal Maintenance, Inc. for Traffic Signal and Streetlight Maintenance 8.4. Approval of the Fourth Amendment to the Franchise Agreement Between the City of Gilroy and Recology South Valley for Solid Waste Management Services 9. BIDS AND PROPOSALS 9.1. Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner from Owen Equipment in an amount not to exceed $594,156.16. 1. Staff Report: Michael Lewis, Management Analyst 2. Public Comment 3. Possible Action: Approve the purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner from Owen Equipment in an amount not to exceed $594,156.16 using the cooperative purchasing agreement with Sourcewell (formerly known as the National Joint Powers Alliance). 10. PUBLIC HEARINGS 10.1. Acceptance of the Public Health Goal Report for the Gilroy Drinking Water System in Accordance with California Health and Safety Code 116470 1. Staff Report: Michael Lewis, Management Analyst 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Accept the 2019-2021 Public Health Goal Report for the Gilroy Drinking Water System in accordance with California Health and Safety Code 116470. 11. UNFINISHED BUSINESS 11.1. Council Adopt a Resolution of the City Council of the City of Gilroy Calling and Giving Notice of, on Its Own Motion, the Submission to the Electors of the City of Gilroy at a Special Municipal Election, to be Consolidated with the Statewide General Election on November 8, 2022, a Ballot Measure Proposal to Amend Sections 1109 and 1111 of the City of Gilroy City Charter to Modify Construction Contract Procurement and the Bidding Process City Council Regular Meeting Preliminary Agenda 06/20/2022 Page6 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council: a) Discussion and consideration of a Council-sponsored charter amendment for the November 8, 2022 statewide general election; b) If Council wishes to proceed with a charter amendment, adopt a resolution of the City Council of the City of Gilroy calling and giving notice of, on its own motion, the submission to the electors of the City of Gilroy at a special municipal election, to be consolidated with the statewide general election on November 8, 2022, a ballot measure proposal to amend sections 1109 and 1111 of the City of Gilroy City Charter to modify construction contract procurement and the bidding process; c) Council discussion and consideration of whether to permit rebuttal arguments and authorize the City Council or any member or members of the City Council to submit a rebuttal argument in favor of the City measure in the November 8, 2022 Voter’s Sample Ballot, pursuant to Elections Code Section 9285, to be incorporated in the resolution calling the election; d) Council discussion and consideration of whether to authorize the City Council or any member or members of the City Council to submit an argument in favor of the City measure on the November 8, 2022 Voter's Sample Ballot, pursuant to Elections Code Section 9282, to be incorporated in the resolution calling the election; and e) Council discussion and consideration of whether to direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis, pursuant to Elections Code Section 9280. 11.2. 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 agreement with the Sharks Sports & Entertainment, LLC, and authorize the City Administrator to execute the agreement. 11.3. Sharks Ice Non-Binding Term Sheet Approval City Council Regular Meeting Preliminary Agenda 06/20/2022 Page7 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Approve a non-binding term sheet with Sharks Sports & Entertainment, LLC (SSE) for the development of a two sheet ice facility at the Gilroy Sports Park. 11.4. Introduction of the Comprehensive User Fee Study and First Reading of an Ordinance Amending Sections of Chapter 7 of the Gilroy City Code Entitled Cost Comparison System for Fee and Service Charge Revenue 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: 1. Receive 2022 Comprehensive User Fee Study report; 2. After the City Clerk reads the title of the ordinance, motion to waive further reading of the ordinance; and b) Introduction of an Ordinance of the City Council of the City of Gilroy amending sections of Chapter 7 of the Gilroy City Code entitled Cost Comparison System for Fee and Service Charge Revenue. 12. INTRODUCTION OF NEW BUSINESS 12.1. 2022 Fireworks Public Safety Mitigation Fees 1. Staff Report: Jennifer Fortino, Management Analyst 2. Public Comment 3. Possible Action: A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A. 12.2. 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. 13. CITY ADMINISTRATOR'S REPORTS 14. CITY ATTORNEY'S REPORTS 15. CLOSED SESSION 15.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) City Council Regular Meeting Preliminary Agenda 06/20/2022 Page8 Collective Bargaining Units: Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential); 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 Management Association (GMA) 1. Receive Public Comment on Closed Session Item. 16. 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) 17. ADJOURNMENT FUTURE MEETING DATES 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. OCTOBER 2022 3* Regular Meeting - 6:00 p.m. 17* Regular Meeting - 6:00 p.m. NOVEMBER 2022 7* Regular Meeting - 6:00 p.m. 21* Regular Meeting - 6:00 p.m. DECEMBER 2022 5* Regular Meeting - 6:00 p.m. *Meeting is webstreamed