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08/01/2022 City Council Regular Meeting Adopted 08/15/2022City Council Regular Meeting Minutes August 1, 2022 Page 1 of 11 City Council Regular Meeting Minutes 08/1/2022 City of Gilroy City Council Regular Meeting Minutes August 1, 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 Hilton led the Pledge of Allegiance. 2. Invocation There was none. 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 City Administrator Forbis introduced Community Development Director Sharon Goei. Police Chief Espinoza introduced Officer Gadge Farris. City Clerk Pham introduced Deputy City Clerk Christina Ruiz. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations There were none. 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Arts and Culture Commission Presentation Arts and Culture Vice Chair Perdew provided the presentation to Council. City Council Regular Meeting Minutes August 1, 2022 Page 2 of 11 City Council Regular Meeting Minutes 08/1/2022 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 that were not on the agenda: The following individuals spoke in favor of a youth center in Gilroy: Hazel Quintero Xavier Garcia Isabel Santos Leanna Rivera Dela Sandoval Delia Hernandez Donny Ramirez Raymundo Armendariz Manny Estrada Gabriela Mendoza Michelle Nelson requested Council to take a position on the Sargent Ranch Quarry. Jane Howard introduced Visit Gilroy President and CEO Ella Petrosova to Council. Araceli Vaquera requested Council to address the issues that occur in her neighborhood. 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 reported on Gilroy Garden Board of Directors, Gilroy Downtown Business Association Boar. Council Member Hilton reported on Visit Gilroy California Welcome Center Board. Council Member Tovar had nothing to report. Vice Mayor Leroe-Muñoz reported on town hall meeting with Council Member Tovar, Santa Clara Valley Water District, and Gilroy Youth Task Force. Mayor Blankley reported on the Gilroy Youth Task Force. 5. COUNCIL CORRESPONDENCE There were none. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none requested. City Council Regular Meeting Minutes August 1, 2022 Page 3 of 11 City Council Regular Meeting Minutes 08/1/2022 7. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 7.1. City Council - Regular Meeting - Jul 5, 2022 6:00 PM A motion was made to approve the minutes. 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 A motion was made to approve the agreement, authorize City Administrator to execute the agreement, and add $25,490 to the current contract. 7.3. Emergency Sewer Line Repairs at Old City Hall Restaurant A motion was made to ratify the emergency procurement and adopt a resolution. Enactment No.: Resolution No. 2022-53 7.4. Argument in favor of the Public Projects Bidding, Contracting, and Notification Charter Amendment Ballot Measure A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-54 8. BIDS AND PROPOSALS There were none. 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 Mayor Blankley asked the Council if they have any ex-parte communications to disclose. There were none disclosed. Deputy Fire Marshal Crick gave staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 6:44 PM There being no comments, Mayor Blankley closed the public hearing at 6:44 PM. City Council Regular Meeting Minutes August 1, 2022 Page 4 of 11 City Council Regular Meeting Minutes 08/1/2022 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. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No.: Resolution No. 2022-55 9.2. Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for 4-unit Townhome Development on Gurries Drive Mayor Blankley asked the Council if they have any ex-parte communications to disclose. There were none. Customer Service Manager McCormick gave staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 6:48 PM Michael Davis, representative of the Applicant DZ Design Associates, Inc., spoke about the project. There being no comments, Mayor Blankley closed the public hearing at 6:49 PM. Possible Action: a) Motion to read the ordinance by title only and waive further reading City Clerk Pham read aloud the title of the ordinance. RESULT: READ THE ORDINANCE BY TITLE ONLY AND WAIVE FURTHER READING [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 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 City Council Regular Meeting Minutes August 1, 2022 Page 5 of 11 City Council Regular Meeting Minutes 08/1/2022 RESULT: INTRODUCE AN ORDINANCE MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 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 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. 2022-56 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. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No: Resolution No. 2022-57 9.3. Approval of a Zoning Amendment and Tentative Map for 700 W 6th St. Residential Subdivision Project Mayor Blankley asked the Council if they have any ex-parte communications to disclose. Council Member Armendariz disclosed that she spoke with residents about the project. Mayor Blankley disclosed she communicated with two individuals; one via email and one via telephone. Senior Planner Tamborini gave staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 7:15 PM. Applicant Adam Peterson provided a brief presentation to Council. Marc Ziegler voiced concern about the time of operation of construction and requested for a lockable gate at the south side Princevalle Street. Matt Morley requested to add a red curb on Princevalle, add nine additional laurel trees to the south side of project, and install a lockable gate. Christel Morley reiterated Matt's request. There being no further comments, Mayor Blankley closed the public hearing at 7:22 PM. City Council Regular Meeting Minutes August 1, 2022 Page 6 of 11 City Council Regular Meeting Minutes 08/1/2022 Possible Action: a) Motion to read the ordinance by title only and waive further reading (Z22-01). RESULT: READ THE ORDINANCE BY TITLE ONLY AND WAIVE FURTHER READING [UNANIMOUS] MOVER: Rebeca Armendariz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar City Clerk Pham read aloud the title of the ordinance. 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 2040 General Plan. RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS] MOVER: Rebeca Armendariz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar c) Adopt a Resolution approving Tentative Map application TM 22-01 to subdivide the property into 19 single family residential lots with a gate with a secure access code controlling access from Princevalle Street to the proposed pedestrian walkway along the south side of the project, add up to additional nine trees placed along south project boundary in order to provide additional privacy for the neighboring properties on Georgetown place, and direct staff to evaluate a red curb. RESULT: APPROVE AS AMENDED [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No.: Resolution No. 2022-58 10. UNFINISHED BUSINESS There were none. 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 City Clerk Pham gave a brief presentation and responded to Council Member questions. City Council Regular Meeting Minutes August 1, 2022 Page 7 of 11 City Council Regular Meeting Minutes 08/1/2022 Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed Public Comment. A motion was made by Council Member Leroe-Muñoz, seconded by Council Member Bracco, to designate Council Member Tovar as the delegate voter and Mayor Blankley as the alternate voter at the League of California Cities Annual Conference. RESULT: APPROVE [6 TO 0] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Dion Bracco, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar AWAY: Rebeca Armendariz 11.2. Clarification and Potential Amendment to Attendance Policy for City Boards, Commissions and Committees City Clerk Pham 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 Discuss Issues Related to Current Attendance Policy for City Boards, Commissions, and Committees and Consider Adoption of a Resolution to Amend Policy RESULT: APPROVE [6 TO 1] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar NAYS: Rebeca Armendariz Enactment No.: Resolution No. 2022-59 11.3. Consideration of a Council Correspondence Policy for Council Agendas 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 August 1, 2022 Page 8 of 11 City Council Regular Meeting Minutes 08/1/2022 Possible Action: Council to approve a Council Correspondence Policy and authorize the City Administrator to implement the policy in future City Council meeting agendas. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes Building Official Olmos gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Enrique Navarro-Donnellan, Santa Clara County Association of REALTORS, endorsed staff’s recommendation of option A. Anthony Eulo, Silicon Valley Clean Energy, requested Council to adopt all electric code and provided further clarification on electric vs. gas savings. James Pullo, resident of Gilroy, voiced disappointment that he was not able to obtain solar panels at his house due to current codes. There being no further comments, Mayor Blankley closed Public Comment. A motion was made by Mayor Blankley, seconded by Council Member Bracco, to direct staff to return to a future City Council meeting for formal adoption of final reach code language as recommended by staff and incorporate such language into the adoption of the 2022 California Green Building Code Update. A substitute motion was made by Council Member Hilton, seconded by Council Member Armendariz, to adopt option #2 (all electric construction) and staff’s recommendation for EV charging and bicycle. The substitute motion failed by the following vote: RESULT: FAILED [3 TO 4] MOVER: Zach Hilton, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Rebeca Armendariz, Zach Hilton, Peter Leroe-Muñoz NAYS: Marie Blankley, Dion Bracco, Carol Marques, Fred Tovar The original motion by Mayor Blankley was then voted upon and was carried by the following vote: City Council Regular Meeting Minutes August 1, 2022 Page 9 of 11 City Council Regular Meeting Minutes 08/1/2022 RESULT: APPROVE [5 TO 2] MOVER: Marie Blankley, Mayor SECONDER: Dion Bracco, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Rebeca Armendariz, Zach Hilton 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 HR Director McPhillips gave staff presentation and responded to Council Member questions responded to Council member questions. Mayor Blankley opened Public Comment. 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 future FY 24 and FY 25 budgets for salary and benefit expenditures related to the implementation of the MOU. 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. 2022-60 b) Approve a Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2022 - June 30, 2025. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar c) 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 associated with the Gilroy Management Association Memorandum of Understanding. City Council Regular Meeting Minutes August 1, 2022 Page 10 of 11 City Council Regular Meeting Minutes 08/1/2022 RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No.: Resolution No. 2022-61 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 HR Director McPhillips and City Administrator Forbis gave staff presentation and responded to Council Member questions responded to Council member questions. Mayor Blankley opened Public Comment. There being no further comments, Mayor Blankley closed public comment. 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. 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. 2022-62 x 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. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No.: Resolution No. 2022-63 City Council Regular Meeting Minutes August 1, 2022 Page 11 of 11 City Council Regular Meeting Minutes 08/1/2022 12. CITY ADMINISTRATOR'S REPORTS 12.1. International City Management Association Economic Development Video City Administrator Forbis provided a brief report and responded to Council Member questions. 13. CITY ATTORNEY'S REPORTS There were none. 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 9:05 p.m. The City Council convened in Closed Session at 9:08 p.m. The Council voted to stay in closed session was unanimous. 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 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 9:20 PM 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 15, 2022. Thai Nam Pham, CMC, CPMC City Clerk