07/05/2022 City Council Regular Meeting Adopted 08/01/2022City Council Regular Meeting Minutes
July 5, 2022
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City Council Regular Meeting Minutes
07/5/2022
City of Gilroy
City Council Regular Meeting Minutes
July 5, 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 Tovar led the Pledge of Allegiance.
2. Invocation
Pastor Bill Hawkins from New Hope 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 Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
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 that were not on the agenda:
Stefanie Elle requested Council to update bee keeping laws within the
City.
Ron Kirkish spoke on the links of marijuana and autism.
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There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendáriz had nothing to report.
Council Member Marques had nothing to report.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar reported on the June 24th Staff BBQ and Gourmet Alley
Ad Hoc Committee.
Vice Mayor Leroe-Muñoz had nothing to report.
Mayor Blankley reported on Gilroy Sister Cities and that she will be attending the
South County Wastewater Regional Authority and Valley Santa Clara Valley
Water District meetings.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested staff to provide a report about the urban bee
issue as a future agenda item. The item received majority support.
Council Member Hilton requested reimbursement for his CivicWell 2022
Yosemite Policymakers Conference for $1,200 and Silicon Valley Annual Bike
Summit for $50.00. The item did not receive majority support.
7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
7.1. City Council - Regular Meeting - Jun 20, 2022 6:00 PM
A motion was made to approve the minutes.
7.2. Accept and File Quarterly Cash and Investment Report as of March 31,
2022
A motion was made to accept and file the 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
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Community Development Block Grant Fund and Appropriating
Proposed Expenditure Amendments
A motion was made to adopt the Resolution.
Enactment No.: Resolution No. 2022-38
7.4. Approval to Extend the Construction Management Consultant Pre-
Approved List for an Additional Year through August 19, 2023
A motion was made to approve the extension of the pre-approved list of
construction management consultants for an additional year, until August 19,
2023.
7.5. Retirement Proclamation for Senior Equipment Mechanic Michael
Blundo
A motion was made to accept the retirement proclamation.
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
A motion was made to adopt the ordinance.
Enactment No.: Ordinance No. 2022-05
8. BIDS AND PROPOSALS
There were none listed.
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
Mayor Blankley asked the Council if they have any ex-parte communications to
disclose. There were none.
Finance Director Sangha gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened the Public Hearing at 6:21 PM
There being no comments, Mayor Blankley closed the public hearing at 6:21 PM.
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-39
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9.2. Adopt a Resolution Updating the Citywide User Fee Schedule
Mayor Blankley asked the Council if they have any ex-parte communications to
disclose. There were none.
Finance Director Sangha gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened the Public Hearing at 6:32 PM
There being no comments, Mayor Blankley closed the public hearing at 6:32 PM.
Possible Action:
1. Open and close the Public Hearing.
2. Adopt a resolution updating the Citywide User Fee Schedule based
on the 2022 Comprehensive User Fee Study.
RESULT: APPROVE [6 TO 1]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Marie Blankley, Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz
Enactment No.: Resolution No. 2022-40
10. UNFINISHED BUSINESS
10.1. Appointments to City Boards, Commissions and Committees With Open
Vacancies
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed Public Comment.
Possible Action:
Appoint members to Boards, Commissions and Committees with open
vacancies.
RESULT: Appoint Jessica Irwin as Open Government Commissioner
with a term ending December 31, 2025 [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
10.2. Report on Services for Unhoused Individuals and Enforcement of No-
Camping Ordinances
Police Chief Espinoza and City Attorney Faber gave staff presentation and
answered responded to Council Member questions.
Mayor Blankley opened Public Comment.
Toni-Jo Napihaa spoke on her condition of her experience of an individual
experiencing homelessness and wanted Council to address the issue of
homelessness within the City.
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Mike Conrotto stated the need place individuals experiencing
homelessness into designated encampment sites.
Gregory Bumb, Gilroy Motorcycle Centers, described the encampment
that was behind his store.
Michael Morris spoke about the crime within the homeless encampments.
Joseph Robinson stated that individuals experiencing homelessness need
actual housing.
Lizanne Davey inquired how much the homelessness industry makes.
Marty Estrada stated that the City cannot criminalize homelessness and
requested that the City sanction an encampment within the City.
Jan Bernstein Chargin stated that the homeless shelter is being
overwhelmed for request for shelter.
Sonia Olivas described her experience of someone experiencing
homelessness.
Sally Armendariz reminded Council that people who are experiencing
homelessness are also individuals.
Ron Kirkish thanked Council Member Bracco for bringing this issue and
expressed his opinion on the homelessness situation.
Robert Weaver expressed his opinion on the homelessness situation.
Kim Summers described her experience of someone experiencing
homelessness.
There being no further comments, Mayor Blankley closed Public Comment.
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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”); and
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.
RESULT: APPROVE [5 TO 2]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
x Motion to have Staff provide a report to Council options to house
individuals experiencing homelessness on City property.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
10.3. Approval of the Santa Teresa Interim Fire Station Alternate Location and
Funding
Fire Chief Wyatt 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 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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Peter Leroe-Muñoz
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-41
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
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:
Council adopt the resolution amending the proposed City Charter
amendment relating to the use of newspaper advertisements.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-42
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
Senior Management Analyst Atkins gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
Marty Estrada requested Council to set aside a part of the land to be used
as a Youth Center and leverage the rest of the site as temporary
homeless shelter.
Sally Armendariz echoed Mr. Estrada’s sentiments need of youth center.
There being no comments, Mayor Blankley closed public comment.
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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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-43
11.2. Gourmet Alley/Downtown Ad Hoc Committee Recommendations
Economic Development Manager Decker gave staff presentation and responded
to Council Member questions responded to Council member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Update the Downtown Strategic Plan
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Develop New Ordinances to Address Vacancies and Noise
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Pursue Opportunities for An Assessment District
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Develop a Downtown Parking Management Plan
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x
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
HR Director McPhillips gave staff presentation and responded to Council
Member questions responded to Council member questions.
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Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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.
Enactment No.: Resolution No. 2022-44
b) Approve the Memorandum of Understanding between the City and
Gilroy Firefighters, IAFF, Local 2805 for the period July 1, 2022 - June
30, 2026.
A motion was made to 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.
Enactment No.: Resolution No. 2022-45
11.4. Approval of AFSCME, Local 101 General Unit and AFSCME, Local 101
Supervisory Unit Memoranda of Understanding and Related Salary
Schedules for the Period July 1, 2022 Through June 30, 2026
HR Director McPhillips gave staff presentation and responded to Council
Member questions responded to Council member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
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RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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.
Enactment No.: Resolution No. 2022-46
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.
A motion was made to 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 was approved.
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.
Enactment No.: Resolution No. 2022-47
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.
Enactment No.: Resolution No. 2022-48
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
HR Director McPhillips gave staff presentation and responded to Council
Member questions responded to Council member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment
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RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
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.
Enactment No.: Resolution No. 2022-49
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.
Enactment No.: Resolution No. 2022-50
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.
Enactment No.: Resolution No. 2022-51
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
HR Director McPhillips gave staff presentation and responded to Council
Member questions responded to Council member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
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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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-52
12. CITY ADMINISTRATOR'S REPORTS
12.1. City’s Animal Removal Contracts
Police Chief Espinoza provided a brief report and responded to Council
Member questions.
Mayor Blankley open Public Comment.
Michelle Rodriguez requested that the City should use San Martin Animal
Shelter for animal welfare services within the City.
There being no further speakers, Mayor Blankley closed public comment.
Possible Action:
12.2. Silicon Valley Economic Development Alliance Tour of Downtown
Morgan Hill
City Administrator Forbis provided a brief report and responded to Council
Member questions.
13. CITY ATTORNEY'S REPORTS
There were none.
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14. 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 9:30 p.m.
The City Council convened in Closed Session at 9:35 p.m.
The Council voted to stay in closed session was unanimous.
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
No reportable action.
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
No reportable action.
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
No reportable action.
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
No reportable action.
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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)
No reportable action.
15. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
16. ADJOURNMENT
The meeting was adjourned at 10:35 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 August 1, 2022.
Thai Pham, CMC, CPMC
City Clerk