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06/20/2022 City Council Regular Meeting Adopted 07/05/2022City Council Regular Meeting Minutes June 6, 2022 Page 1 of 9 City Council Meeting Minutes 06/20/2022 City of Gilroy City Council Regular Meeting Minutes June 20, 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 Leroe-Muñoz led the Pledge of Allegiance. 2. Invocation Pastor Trevor Van Laar from Gilroy Presbyterian 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 Armendáriz Council Member Present Dion Bracco Council Member Present Zach Hilton Council Member Present Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Absent Fred Tovar Council Member Present 1.2. Orders of the Day Mayor Blankley stated that the Council will adjourn in celebration of Juneteenth. 1.3. Employee Introductions There were none. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 2.1.1. Proclamation - Parks Make Life Better! Month Mayor Blankley read aloud the Proclamation, which was then received by Recreation Manager Henig. 2.1.2. Proclamation - 50th Anniversary of Title IX Mayor Blankley read aloud the Proclamation, which was then received by Co- Presidents AAUW Gilroy Dr. Sandra Makela and Sabra Dupree. 2.1.3. Retirement Proclamation - Randy Decker Mayor Blankley read aloud the retirement proclamation. City Council Regular Meeting Minutes June 6, 2022 Page 2 of 9 City Council Meeting Minutes 06/20/2022 2.1.4. Retirement Proclamation - Tracy Kester Mayor Blankley read aloud the retirement proclamation. 2.1.5. Retirement Proclamation - Nestor Quinones Mayor Blankley read aloud the retirement proclamation. 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 City Clerk Pham provided a brief presentation to Council. The Council conducted Commission Interviews. 4. PRESENTATIONS TO THE COUNCIL 4.1. Presentation by Frontier Communications Concerning Gilroy Fiber-optic Upgrades Doug McAllister from Frontier Communications provided a brief presentation and responded to Council Member questions. 2. 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: Andrea Hightower requested Council to use local animal control services within the City. Michelle Rodriguez requested Council to use local animal control services within the City. There being no further public comment, Mayor Blankley closed public comment. 5. COUNCIL CORRESPONDENCE Mayor Blankley announced Assembly Member Berman will pause on Assembly Bill 2181. Mayor Blankley opened Public Comment There being no speakers, Mayor Blankley closed public comment. 5.1. City Council Member Meeting Attendance 5.2. Correspondence from Santa Clara Valley Transportation Authority 5.3. LAFCO Budget for FY 2022-2023 6. REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. City Council Regular Meeting Minutes June 6, 2022 Page 3 of 9 City Council Meeting Minutes 06/20/2022 Council Member Armendáriz recognized today as a for substitute of day of Juneteenth. Council Member Hilton reported Visit Gilroy California Welcome Center Board and Silicon Valley Clean Energy Authority JPA Board. Council Member Tovar thanked the Gilroy Chamber of Commerce for the Garlic City Car Show that occurred on Saturday, June 18, 2022. Vice Mayor Leroe-Muñoz reported on Association of Bay Area Government, Gilroy Youth Task Force, and notified the public about the Ice Cream with a Cop event on August 2, 2022 and National Night Out event on October 11, 2022. Mayor Blankley reported on Gilroy Sister Cities, Santa Clara Valley Habitat Agency Governing Board, and VTA Policy Advisory Committee. 7. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe-Muñoz stated that Board Chair Pro Tem John Varela from Santa Clara Valley Water would like to do a presentation about water conservation to Council. Council Member Armendáriz requested for staff to look into the two contracts that were mentioned in the Public Comment about Animal Control Services. City Administrator Forbis stated that he would provide an update at a City Administrator’s Report. 8. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 8.1. City Council - Regular Meeting - Jun 6, 2022 6:00 PM A motion was made to approve the minutes. 8.2. City Council - Special Meeting - Study Session - Jan 11, 2021 6:00 PM A motion was made to approve the minutes. 8.3. City Council - Special Meeting - Feb 20, 2021 8:00 AM A motion was made to approve the minutes. 8.4. City Council - Special Meeting - Study Session - Mar 8, 2021 6:00 PM A motion was made to approve the minutes. 8.5. City Council - Special Meeting - Study Session - Sep 14, 2021 6:00 PM A motion was made to approve the minutes. City Council Regular Meeting Minutes June 6, 2022 Page 4 of 9 City Council Meeting Minutes 06/20/2022 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 A motion was made to approve the resolution. Enactment No.: Resolution No. 2022-35 8.7. Amendment to the Agreement with Cal-West Lighting and Signal Maintenance, Inc. for Traffic Signal and Streetlight Maintenance A motion was made to approve the amendment to the agreement. 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 A motion was made to approve the franchise agreement extension. 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. 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. 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). RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 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 Mayor Blankley asked the Council if they have any ex-parte communications to disclose. There were none. Public Work Director Jordan gave staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 6:53 PM City Council Regular Meeting Minutes June 6, 2022 Page 5 of 9 City Council Meeting Minutes 06/20/2022 Ron Kirkish inquired about if the water from the City water well located at Gilman Road and Camino Arroyo met the standard of being non-potable water. There being no comments, Mayor Blankley closed the public hearing at 6:54 PM. 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. RESULT: ACCEPT REPORT [UNANIMOUS] MOVER: Rebeca Armendáriz, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 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, 1111, and 1503 of the City of Gilroy City Charter to Modify Construction Contract Procurement and the Bidding Process City Administrator Forbis gave staff presentation and responded to Council Member questions. City Attorney Forbis and City Clerk Pham also responded to Council member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. Possible Action: 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, 1111, and 1503 of the City of Gilroy City Charter to modify construction contract procurement and the bidding process; RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques Enactment No.: Resolution No. 2022-36 City Council Regular Meeting Minutes June 6, 2022 Page 6 of 9 City Council Meeting Minutes 06/20/2022 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. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques Permit rebuttal arguments and authorize the Mayor 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. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques x 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. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 11.2. Approval of Third Amendment 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 City Administrator Forbis 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 7 of 9 City Council Meeting Minutes 06/20/2022 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 RESULT: APPROVE [UNANIMOUS] MOVER: Rebeca Armendáriz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 11.3. Gilroy Ice Center Non-Binding Term Sheet Approval City Administrator Forbis gave staff presentation. City Administrator Forbis and San Jose Sharks Senior Vice President Jon Gustafson responded to Council Member questions. Mayor Blankley opened Public Comment. Mark Turner expressed support and asked Council to approve the term sheet. Jane Howard expressed support and asked Council to approve the term sheet. There being no further speakers, Mayor Blankley closed public comment. 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. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 11.4. User Fee Study Introduction - Waive First Reading and Read By Title Only 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 June 6, 2022 Page 8 of 9 City Council Meeting Minutes 06/20/2022 Possible Action: Motion to waive first reading and read by title only. RESULT: WAIVE FIRST READING AND READ BY TITLE ONLY [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques City Clerk read aloud the title of the ordinance Motion to adopt the ordinance. RESULT: APPROVE THE ORDINANCE (1ST READING) [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 12. INTRODUCTION OF NEW BUSINESS 12.1. 2022 Fireworks Public Safety Mitigation Fees Fire Chief Wyatt gave staff presentation. The Chief and Deputy Fire Marshal Crick responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. 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. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques Enactment No.: Resolution No. 2022-37 City Council Regular Meeting Minutes June 6, 2022 Page 9 of 9 City Council Meeting Minutes 06/20/2022 12.2. Approval of the Third Operating Memorandum to the Glen Loma Ranch Development Agreement City Administrator Forbis 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 the Third Operating Memorandum to the Glen Loma Ranch Development Agreement. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Tovar ABSENT: Carol Marques 13. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis provided a brief presentation and responded to Council Member questions. 14. CITY ATTORNEY'S REPORTS There were none. 15. CLOSED SESSION There were none. 16. ADJOURNMENT The meeting was adjourned at 8:16 P.M. by Mayor Blankley in celebration of Juneteenth. 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. Thai Pham, CMC, CPMC City Clerk