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07/05/2022 City Council Regular Meeting Adopted 08/01/2022City Council Regular Meeting Minutes July 5, 2022 Page 1 of 14 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. City Council Regular Meeting Minutes July 5, 2022 Page 2 of 14 City Council Regular Meeting Minutes 07/5/2022 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 City Council Regular Meeting Minutes July 5, 2022 Page 3 of 14 City Council Regular Meeting Minutes 07/5/2022 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 City Council Regular Meeting Minutes July 5, 2022 Page 4 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 5 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 6 of 14 City Council Regular Meeting Minutes 07/5/2022 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 City Council Regular Meeting Minutes July 5, 2022 Page 7 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 8 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 9 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 10 of 14 City Council Regular Meeting Minutes 07/5/2022 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 City Council Regular Meeting Minutes July 5, 2022 Page 11 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 12 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 13 of 14 City Council Regular Meeting Minutes 07/5/2022 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. City Council Regular Meeting Minutes July 5, 2022 Page 14 of 14 City Council Regular Meeting Minutes 07/5/2022 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