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08/01/2022 City Council Regular Meeting (02 - Final Agenda) July 28, 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. MONDAY, AUGUST 1, 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 th e 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 d elivered 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 th e 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 08/1/2022 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 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. Annual Arts and Culture Commission Presentation 3.2. 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 a genda may be e- mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the City Council Regular Meeting Agenda 08/1/2022 Page3 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 Counc il 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. 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 Boa rd, 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 City Council Regular Meeting Agenda 08/1/2022 Page4 Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 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 - Jul 5, 2022 6:00 PM 7.2. Approval of a Fourth Amendment to the Agreement with Lynx Technologies in the Amount of $25,490 for Geographic Information System (GIS) Support and Maintenance 7.3. Emergency Sewer Line Repairs at Old City Hall Restaurant 7.4. Argument in favor of the Public Projects Bidding, Contracting, and Notification Charter Amendment Ballot Measure 8. BIDS AND PROPOSALS 9. PUBLIC HEARINGS 9.1. Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of Assessment Liens Against the Land 1. Disclosure of Ex-Parte Communications 2. Staff Report: Jonathan Crick, Deputy Fire Marshal 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: It is recommended that Council adopt a resolution allowing the assessment of fees, minus any qualifying objections, as reported by the Santa Clara County Weed Abatement Program. City Council Regular Meeting Agenda 08/1/2022 Page5 9.2. Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for 4-unit Townhome Development on Gurries Drive 1. Disclosure of Ex-Parte Communications 2. Staff Report: Cindy McCormick, Customer Service Manager 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: a) Motion to read the ordinance by title only and waive further reading; b) Introduce an Ordinance of the City Council approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and c) Adopt a Resolution approving a Tentative Map to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file number TM 21-03); and d) Adopt a resolution approving an Architectural and Site Review Permit to allow construction of four (4) townhomes on the subject property (file number AS 21-14), following approval of the associated PUD Zoning Amendment and Tentative Map. 9.3. Approval of a Zoning Amendment and Tentative Map for 700 W 6th St. Residential Subdivision Project 1. Disclosure of Ex-Parte Communications 2. Staff Report: Kraig Tambornini, Senior Planner 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: a) Motion to read the ordinance by title only and waive further reading (Z22- 01). b) Introduce an Ordinance of the City Council approving Zoning Amendment application Z 22-01 to redesignate a 3.7 acre site from Professional Office (PO) Zone to Single Family (R1) Zone, consistent with the 20 40 General Plan. c) Adopt a Resolution approving Tentative Map application TM 22-01 to subdivide the property into 19 single family residential lots. 10. UNFINISHED BUSINESS City Council Regular Meeting Agenda 08/1/2022 Page6 11. INTRODUCTION OF NEW BUSINESS 11.1. Selection of Designated Voting Delegate and Alternate Voting Delegates for the League of California Cities 2022 Annual Conference 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Staff recommends the City Council authorize a Council Member as the Designated Voting Delegate to attend the 2022 California Cities Annual Conference on behalf of the City, and up to two alternate voting delegates 11.2. Clarification and Potential Amendment to Attendance Policy for City Boards, Commissions and Committees 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Council Discuss Issues Related to Current Attendance Policy for City Boards, Commissions, and Committees and Consider Adoption of a Resolution to Amend Policy 11.3. Consideration of a Council Correspondence Policy for Council Agendas 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council to approve a Council Correspondence Policy and authorize the City Administrator to implement the policy in future City Council meeting agendas. 11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes 1. Staff Report: Hipolito Olmos, Building Official 2. Public Comment 3. Possible Action: 1) Consider staff’s recommendations concerning electric vehicle charging, bicycle parking, and gas/electrical appliance requirements and their application to new construction. 2) Council deliberate and edit/modify or leave intact staff recommendations. 3) Direct staff to return to a future City Council meeting for formal adoption of final reach code language and incorporate such language into the adoption of the 2022 California Green Building Code Update. City Council Regular Meeting Agenda 08/1/2022 Page7 11.5. Approval of Gilroy Management Association Memorandum of Understanding and Adoption of a Resolution Approving Associated Salary Schedules for the Period of July 1, 2022 Through June 30, 2025 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 Gilroy Management Association Memorandum of Understanding for FY 23 and authorizing the inclusion of appropriate funds in the futu re FY 24 and FY 25 budgets for salary and benefit expenditures related to the implementation of the MOU. b) Approve a Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2022 - June 30, 2025. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023 and July 1, 202 4 salary schedules associated with the Gilroy Management Association Memorandum of Understanding. 11.6. Approval of July 1, 2022, July 1, 2023, and July 1, 2024 Salary Schedules for Full-Time/ Unrepresented/Confidential/Exempt Employees, Part-Time/Temporary/Unrepresented/Exempt Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head 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 salary resolutions for the Full - Time/Unrepresented/Confidential/Exempt/Mid-Management Employees, Part-Time/Temporary/Unrepresented/Temporary/Exempt Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head Employees for FY 23 and authorizing the inclusion of appropriate funds in the future FY 24 and FY 25 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 and July 1, 2024 salary schedules for Unrepresented Exempt Mid-Management Employees, Unrepresented Exempt Part- Time/Temporary Employees, and Unrepresented Department Heads. 12. CITY ADMINISTRATOR'S REPORTS 12.1. International City Management Association Economic Development Video City Council Regular Meeting Agenda 08/1/2022 Page8 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2); Employee Name/Title: Andy Faber, City Attorney 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 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