06/20/2022 City Council Regular Meeting (02 - Final Agenda)
June 16, 2022 6:45 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, 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 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. Retirement Proclamation - Tracy Kester
2.1.5. Retirement Proclamation - Nestor Quinones
City Council Regular Meeting 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. Presentation by Frontier Communications Concerning Gilroy Fiber-
optic Upgrades
4.2. 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
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.
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 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
City Council Regular Meeting Agenda
06/20/2022 Page5 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.
8.1. City Council - Regular Meeting - Jun 6, 2022 6:00 PM
8.2. City Council - Special Meeting - Study Session - Jan 11, 2021 6:00 PM
8.3. City Council - Special Meeting - Feb 20, 2021 8:00 AM
8.4. City Council - Special Meeting - Study Session - Mar 8, 2021 6:00 PM
8.5. City Council - Special Meeting - Study Session - Sep 14, 2021 6:00
PM
8.6. 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
8.7. Amendment to the Agreement with Cal-West Lighting and Signal
Maintenance, Inc. for Traffic Signal and Streetlight Maintenance
8.8. 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: Daryl Jordan, PE, Public Works Director
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).
City Council Regular Meeting Agenda
06/20/2022 Page6 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: Daryl Jordan, PE, Public Works Director
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
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
City Council Regular Meeting Agenda
06/20/2022 Page7 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 to the Exclusive Negotiating 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 Amendment to Exclusive Negotiating Rights Agreement with
the Sharks Sports & Entertainment, LLC, and authorize the City Administrator to
execute the Amendment
11.3. Gilroy Ice Center Non-Binding Term Sheet Approval
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) Introduce an Ordinance of the City Council of the City of Gilroy amending
sections 7.3, 7.4, and 7.5 of Chapter 7 of the Gilroy City Code entitled "Cost
Comparison System for Fee and Service Charge Revenue".
City Council Regular Meeting Agenda
06/20/2022 Page8 12. INTRODUCTION OF NEW BUSINESS
12.1. 2022 Fireworks Public Safety Mitigation Fees
1. Staff Report: Jim Wyatt, Fire Chief
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
16. 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