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06/06/2022 City Council Regular Meeting Adopted 06/20/2022City Council Regular Meeting Minutes June 6, 2022 Page 1 of 9 City Council Regular Meeting Minutes 06/6/2022 City of Gilroy City Council Regular Meeting Minutes June 6, 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 Bracco led the Pledge of Allegiance. 2. Invocation Pastor Greg Quirke from South Valley Community Church led the Invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. Attendee Name Title Status Marie Blankley Mayor Present Rebeca Armendariz Council Member Absent Dion Bracco Council Member Present Zach Hilton Council Member Absent Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Present Fred Tovar Council Member Present 1.2. Orders of the Day Item 10.2 was pulled by Mayor Blankley. Item has been rescheduled for the June 20, 2022 City Council Regular Meeting. 1.3. Employee Introductions Chief Espinoza introduced Community Service Officer David Carter. Fire Chief Wyatt introduced Jeff MacPhail, promoted to Captain, and Joshua Guerriera, promoted to Fire Engineer. Public Works Director Jordan introduced Water Conservation Officer Robert Moreno and Public Works Deputy Director Matt Jones. Finance Director Sangha introduced Lourdes Andrade-Torres, promoted to Accountant. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 2.1.1. Retirement Proclamation of Patrick Sullivan Mayor Blankley read aloud the Proclamation. City Council Regular Meeting Minutes June 6, 2022 Page 2 of 9 City Council Regular Meeting Minutes 06/6/2022 3. PRESENTATIONS TO THE COUNCIL 1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL The following individuals spoke on items not on the agenda: Bryce Kingsley (no speaker card provided) voiced concern about the homelessness issue within the City. Betsy Bardwell (no speaker card provided) voiced concerns about homelessness issue in her neighborhood. Ron Kirkish thanked the previous two speakers for speaking about the issue of homelessness within the City. There being no further public comment, Mayor Blankley closed public comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Marques reported on Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, and Gilroy Downtown Business Association Board. Council Member Tovar thanked Economic Development Committee, reported that the Gourmet Alley Ad Hoc Committee will meet tomorrow, and thanked City Administrator Forbis for attending the various events held in the City this past weekend. Vice Mayor Leroe-Muñoz reported on Silicon Valley Regional Interoperability Authority Board and Silicon Valley Water District Water Commission. Mayor Blankley reported on the State of the City that was held on June 4th and notified Assembly Bill 2181 passed the State Assembly and is now move to the State Senate. 5. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques requested a review and update of the Social Host Ordinance. The item received unanimous support. Council Member Bracco requested staff to research how other cities are enacting new laws to deal with the homelessness issue and report back to Council. The item received unanimous support. 6. CONSENT CALENDAR (ROLL CALL VOTE) Council Member Tovar requested Item 6.6 to be pulled out of Consent Calendar. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. City Council Regular Meeting Minutes June 6, 2022 Page 3 of 9 City Council Regular Meeting Minutes 06/6/2022 RESULT: APPROVE [UNANIMOUS] (Items 6.1 THROUGH 6.5) MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz, Zach Hilton 6.1. City Council - Regular Meeting - May 16, 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 Setting the Appropriation Limit for Fiscal Year 2022-23 A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-30 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 A motion was made to approve the Notice of Acceptance. 6.4. Approval of the First Extension Term of the Agreement for Golf Course Services with Gilroy Golf Course, Inc. A motion was made to approve the first extension of the agreement. 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 Item was pulled out Consent Calendar by Council Member Tovar. 6.6 Consent to the Appointment of Sharon Goei as Community Development Director Council Member Tovar voiced concerns about not hiring within City staff or hiring within the City for this position. RESULT: CONSENT TO APPOINTMENT [3 TO 2] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Bracco, Leroe-Muñoz NOES: Carol Marques, Fred Tovar ABSENT: Rebeca Armendariz, Zach Hilton City Council Regular Meeting Minutes June 6, 2022 Page 4 of 9 City Council Regular Meeting Minutes 06/6/2022 7. BIDS AND PROPOSALS 7.1. AWS Data Center Environmental Impact Review (EIR) Award of Consultant Contract Council member Leroe-Muñoz recused himself from the item due to conflict of interest. Customer Service Manager Cindy McCormick 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: 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. RESULT: AWARD CONTRACT TO CIRCLEPOINT [4 TO 0] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Marie Blankley, Dion Bracco, Carol Marques, Fred Tovar ABSENT: Rebeca Armendariz, Zach Hilton RECUSED: Peter Leroe-Muñoz 7.2. Award a Contract to Ausonio, Inc. in the amount of $499,052 for the Cherry Blossom Apartment Refurbishment Project Facilities Superintendent Walter Dunckel 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 June 6, 2022 Page 5 of 9 City Council Regular Meeting Minutes 06/6/2022 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. RESULT: APPROVE RESOLUTION, AWARD CONTRUCTION CONTRACT TO AUSONIO, INC., AND AUTHORIZE CITY ADMINISTRATOR TO EXECUTE RELATED CONTRACTS [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz, Zach Hilton Enactment No.: Resolution No. 2022-31 8. PUBLIC HEARINGS There was none. 9. UNFINISHED BUSINESS There was none. 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 Senior Management Analyst gave staff presentation. He along with President Howard from Visit Gilroy responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. City Council Regular Meeting Minutes June 6, 2022 Page 6 of 9 City Council Regular Meeting Minutes 06/6/2022 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. RESULT: APPROVE AGREEMENT AND RESOLUTION [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz, Zach Hilton Enactment No.: Resolution No. 2022-32 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 Item was pulled by Council. City Council Regular Meeting Minutes June 6, 2022 Page 7 of 9 City Council Regular Meeting Minutes 06/6/2022 10.3. Willey House Lease Amendment Management Analyst Decker 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: 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 Willey House. RESULT: APPROVE [4 TO 0] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Marie Blankley, Dion Bracco, Peter Leroe-Muñoz, Carol Marques ABSTAIN: Fred Tovar ABSENT: Rebeca Armendariz, Zach Hilton 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 Management Analyst Decker 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 [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz, Zach Hilton Enactment No.: Resolution No. 2022-33 10.5. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds Public Work Director Jordan 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 June 6, 2022 Page 8 of 9 City Council Regular Meeting Minutes 06/6/2022 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. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz, Zach Hilton Enactment No.: Resolution No. 2022-34 11. CITY ADMINISTRATOR'S REPORTS 11.1. Update on the City’s Social Media Strategy Communications Manager Bedell provided staff presentation and responded to any Council Member questions on this item. 11.2. Summer Aquatics Program City Administrator Forbis provided staff presentation on this item. 11.3. Potential Design-Build Charter Amendment City Administrator Forbis provided staff presentation. He, City Clerk Pham, and Public Works Director Jordan responded to Council Member questions. 12. CITY ATTORNEY'S REPORTS There were none. 13. CLOSED SESSION Mayor Blankley opened Public Comment. There being no further speakers, Mayor Blankley closed Public Comment. Mayor Blankley adjourned Regular Meeting to Closed Session at 7:45 p.m. The City Council convened in Closed Session at 7:50 p.m. The Council voted to stay in closed session was unanimous. City Council Regular Meeting Minutes June 6, 2022 Page 9 of 9 City Council Regular Meeting Minutes 06/6/2022 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) No reportable action. 14. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 15. ADJOURNMENT The meeting was adjourned at 8:58 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 20, 2022. Thai Nam Pham, CMC, CPMC City Clerk