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07/05/2022 City Council Regular Meeting (02 - Final Agenda) July 1, 2022 1:00 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. TUESDAY, JULY 5, 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 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 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 significant City Council Regular Meeting Agenda 07/5/2022 Page2 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 City 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 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 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 City Council Regular Meeting Agenda 07/5/2022 Page3 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 (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 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 07/5/2022 Page4 5. COUNCIL CORRESPONDENCE 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. 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. 7.1. City Council - Regular Meeting - Jun 20, 2022 6:00 PM 7.2. Accept and File Quarterly Cash and Investment Report as of March 31, 2022 7.3. A Resolution of the City Council of the City of Gilroy Amending the Budget for The City of Gilroy for Fiscal Years 2021-22 and 2022-23 in the Community Development Block Grant Fund and Appropriating Proposed Expenditure Amendments 7.4. Approval to Extend the Construction Management Consultant Pre- Approved List for an Additional Year through August 19, 2023 7.5. Retirement Proclamation for Senior Equipment Mechanic Michael Blundo 7.6. Adoption of 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 8. BIDS AND PROPOSALS 9. PUBLIC HEARINGS 9.1. Consideration of the Placement of Special Assessment Liens for the Non-payment of Charges for the Collection of Garbage, Rubbish, and Refuse on Certain Properties Located in the City of Gilroy 1. Disclosure of Ex-Parte Communications 2. Staff Report: Harjot Sangha, Finance Director 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. City Council Regular Meeting Agenda 07/5/2022 Page5 9.2. Adopt a Resolution Updating the Citywide User Fee Schedule 1. Disclosure of Ex-Parte Communications 2. Staff Report: Harjot Sangha, Finance Director 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: a. Open and close the Public Hearing. b. Adopt a resolution updating the Citywide User Fee Schedule based on the 2022 Comprehensive User Fee Study. 10. UNFINISHED BUSINESS 10.1. Appointments to City Boards, Commissions and Committees With Open Vacancies 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to Boards, Commissions and Committees with open vacancies. 10.2. Report on Services for Unhoused Individuals and Enforcement of No-Camping Ordinances 1. Staff Report: Jimmy Forbis, City Administrator / Andy Faber, City Attorney / Pedro Espinoza, Police Chief 2. Public Comment 3. Possible Action: Authorize the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at a homeless shelter to individuals beforehand and ensures that the particular shelter that it is offering to connect the individual with could accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”). Authorize city personnel to clean and clear encampments in public parks and other public land in compliance with a written protocol (GPD Police Policy 411) that provides a number of safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants. City Council Regular Meeting Agenda 07/5/2022 Page6 10.3. Approval of the Santa Teresa Interim Fire Station Alternate Location and Funding 1. Staff Report: Jim Wyatt, Fire Chief 2. Public Comment 3. Possible Action: 1. Approve construction of an interim fire station in the estimated amount of $344,000 located on the corner of 10th Street & DeAnza Place in the Santa Teresa Fire Response District. 2. Adopt a budget amendment resolution to appropriate $344,000 in the Capital Projects Fund for the construction at the alternate site of an interim fire station. 10.4. A Resolution of the City Council of the City of Gilroy Amending the Submission to the Qualified Electors of the City of a Certain Measure Relating to the Proposed City Charter Amendment at the Special Municipal Election to be Held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-36 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council adopt the resolution amending the proposed City Charter amendment relating to the use of newspaper advertisements. 11. INTRODUCTION OF NEW BUSINESS 11.1. Resolution Declaring a Portion of the Gilroy Sports Park Property as Surplus Pursuant to Government Code Section 54221 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy declaring a portion of the Gilroy Sports Park Property (approximately 9.1 acres) to be surplus land, and direct staff to proceed in conformance with the State Surplus Lands Act regarding the potential disposition of said property. 11.2. Gourmet Alley/Downtown Ad Hoc Committee Recommendations 1. Staff Report: Karine Decker, Management Analyst - Economic Development 2. Public Comment 3. Possible Action: Approve the Gourmet Alley/Downtown Ad Hoc committee recommendations. City Council Regular Meeting Agenda 07/5/2022 Page7 11.3. Approval of Gilroy Firefighters IAFF Local 2805 Memorandum of Understanding and Related Salary Schedules for the Period July 1, 2022 Through June 30, 2026 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for 2022-2023 to implement the terms of the Gilroy Firefighters, IAFF, Local 2805 Memorandum of Understanding (MOU) for FY 23, appropriating proposed expenditure amendments, and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the MOU. b) Approve the Memorandum of Understanding between the City and Gilroy Firefighters, IAFF, Local 2805 for the period July 1, 2022 - June 30, 2026. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules associated with the Gilroy Firefighters, IAFF, Local 2805 Memorandum of Understanding. 11.4. Approval of Memorandums of Understanding With AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit and Related Salary Schedules for the Period July 1, 2022 Through June 30, 2026 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the AFSCME, Local 101 Memoranda of Understanding (MOU) for FY 23 and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the MOUs. b) Approve the Memoranda of Understanding with AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit for the period July 1, 2022 - June 30, 2026. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 salary schedules associated with the AFSCME, Local 101 General unit. d) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 salary schedules associated with the AFSCME, Local 101 Supervisory unit. City Council Regular Meeting Agenda 07/5/2022 Page8 11.5. Approval of Updated July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 Salary Schedules for Unrepresented Confidential Non- Exempt Employees and Unrepresented Hourly Part- Time/Temporary/Seasonal Employees 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the full-time, unrepresented, confidential, non-exempt employees and unrepresented, hourly, part- time/temporary/seasonal employees salary resolutions, appropriating proposed expenditure amendments, and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the salary resolutions. b) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules for full- time, unrepresented, confidential, non-exempt employees. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules for the unrepresented, non-exempt/hourly, part-time/temporary/seasonal employees. 11.6. Payment of a One-Time Retention Incentive in the Amount of $3,000 for All Full-Time City of Gilroy Employees as Allowed by the American Rescue Plan Act of 2021 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving a one-time retention incentive payment of $3,000.00 for all full-time City of Gilroy employees using funds provided by the American Rescue Plan Act of 2021 and amending the Fiscal Year 2022-23 adopted budget. 12. CITY ADMINISTRATOR'S REPORTS 12.1. City’s Animal Removal Contracts 12.2. Silicon Valley Economic Development Alliance Tour of Downtown Morgan Hill 13. CITY ATTORNEY'S REPORTS City Council Regular Meeting Agenda 07/5/2022 Page9 14. CLOSED SESSION 14.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a) 14.1.1. Case Name: Sierra Granados; Elijah Correa, a minor vs. City of Gilroy Police Department and Does 1 through 50; Superior Court of California, County of Santa Clara; Case No. 21CV392802, Filed January 4, 2022 14.1.2. Case Name: Pedro Bazurto vs. City of Gilroy Police Department et al.; Superior Court of California, County of Santa Clara; Case No. 21CV384442, Filed July 19, 2021 14.1.3. Case Name: William Dudding; Gilroy Police Officers Association vs. City of Gilroy et al.; Superior Court of California, County of Santa Clara; Case No. 22CV399385, Filed June 17, 2022 14.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8 (a) (2) 14.2.1. Properties: 7259 Monterey Road: APN 799-09-059 Negotiators: Jimmy Forbis, City Administrator; Karine Decker, Economic Development Manager Other Party to Negotiations: RIG I LLC Negotiating Price and terms of purchase regarding sale of property 14.3. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential); Part-Time/Temporary/Seasonal Employees (Exempt); Unrepresented Exempt Department Heads 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 advice from City Attorney pursuant to Gilroy City Code Section 17A.11(3) to assert the attorney-client privilege and enter into closed session because discussion in open session would likely and unavoidably prejudice the position of the City. 2. Receive Public Comment on Closed Session Item 3. Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjourn to Closed Session. City Council Regular Meeting Agenda 07/5/2022 Page10 15. 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) 16. ADJOURNMENT FUTURE MEETING DATES 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 I, THAI NAM PHAM, CITY CLERK OF THE CITY OF GILROY, CALIFORNIA, DECLARE UNDER PENALTY OF PERJURY, THAT I AM EMPLOYED BY THE CITY OF GILROY AND THAT I POSTED THIS NOTICE IN ACCORDANCE WITH LAW AT GILROY CITY HALL, 7351 ROSANNA STREET, GILROY, CALIFORNIA ON JULY 1, 2022, AND ON THE CITY’S WEBSITE: WWW.CITYOFGILROY.ORG.