09/12/2022 City Council Regular Meeting (02 - Final Agenda)
September 9, 2022 10:30 AM 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, SEPTEMBER 12, 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 the meet ing 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, 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’s Office at least 72 hours prior to the meeting at
(408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that
reasonable arrangements can be made.
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 delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial r eview of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
City Council Regular Meeting Agenda
09/12/2022 Page2 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
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
If you need assistance with translation and would like to speak during public
comment, please contact the City Clerk a minimum of 72 hours prior to the
meeting at 408-846-0204 or e-mail the City Clerk’s Office at
cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público,
comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la
junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de
la Ciudad a cityclerk@cityofgilroy.org.
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
2.1.1. Proclamation Naming September as Childhood Cancer
Awareness Month
City Council Regular Meeting Agenda
09/12/2022 Page3 3. PRESENTATIONS TO THE COUNCIL
3.1. 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 agenda may be e -
mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the
Gilroy City Clerk’s Office at City H all, 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 Council 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 E nergy 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, His toric 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 Redu ction Commission, Santa Clara Co.
Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate),
South County Joint Recycled Water Advisory Committee, South County Regional
City Council Regular Meeting Agenda
09/12/2022 Page4 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 Board, 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
Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory
Committee, VTA South County City Group
5. COUNCIL CORRESPONDENCE
5.1. City Council Member Meeting Attendance
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. Action Minutes of the City Council - Regular Meeting - Aug 15, 2022
6:00 PM
7.2. Action Minutes of the City Council - Special Meeting - Study Session
- Aug 29, 2022 6:00 PM
7.3. Proclamation Naming September 17 - 23, 2022 as Constitution Week
7.4. Approval of the Update to the Gilroy Conflict of Interest Code During
Its Biennial Review
7.5. 2023 City Council Meeting Schedule
7.6. Acceptance of an Office of Traffic Safety Selective Traffic
Enforcement Program Grant for $95,000 and Adoption of a
Resolution of the City Council of the City of Gilroy Approving a FY23
Budget Amendment
7.7. Adoption of a Resolution in Opposition to the Proposed Sargent
Ranch Quarry Project in South Santa Clara County
7.8. Claim of Ceily Hepner (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim.)
City Council Regular Meeting Agenda
09/12/2022 Page5 8. BIDS AND PROPOSALS
9. PUBLIC HEARINGS
10. UNFINISHED BUSINESS
10.1. Consideration of Expanding Restrictions on Camping on Public
Property
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council consider possible expansions to the restrictions on camping on public
property and direct staff to report back on possible cha nges consistent with
Council priorities.
11. INTRODUCTION OF NEW BUSINESS
11.1. Approval of an Exclusive Negotiating Agreement by and between
Select Contracts and the City of Gilroy in Order to Assess
Opportunities for Development of the 536 Acres of Hillside Property
at Gilroy Gardens (Proposed to be Renamed the Recreation Gateway
Area)
1. Staff Report: Karine Decker, Management Analyst - Economic Development
2. Public Comment
3. Possible Action:
a) Approve an Exclusive Negotiating Agreement between the City of Gilroy and
Select Contracts and authorize the City Administrator to execute all related
documents; and
b) Approve the Gilroy Economic Development Partnership recommendation to
rename the "536 Project" to the "Recreation Gateway Area."
11.2. Award of Contract to W-Trans for Downtown Parking Management
Plan
1. Staff Report: Gary Heap, City Engineer/Transportation Engineer
2. Public Comment
3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
budget for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating
proposed expenditure amendments from the General Fund.
b) Award a contract to W-Trans in the amount of $273,419 with a project
contingency of $27,342 (approximately 10%) for the Downtown Parking
Management Plan, Project, No. 22-RFP-PW-477 and authorize the City
Administrator to execute the contract and associated documents.
11.3. Memorandum of Understanding with the County of Santa Clara to
Utilize Affordable Housing Bonds (2016 Measure A) for the
Development of Affordable Housing at 8th & Alexander
City Council Regular Meeting Agenda
09/12/2022 Page6 1. Staff Report: Crystal Zamora, Program Administrator
2. Public Comment
3. Possible Action:
a) Approve the Memorandum of Understanding with the County of Santa Clara
to Utilize Affordable Housing Bonds (2016 Measure A) for the Development of
Affordable Housing at 8th & Alexander.
b) Authorize the City Administrator to waive development impact fees and to
execute the Memorandum of Understanding and any related documents.
c) Authorize the City Administrator to make minor modifications to the MOU with
the legal approval of the City Attorney.
12. CITY ADMINISTRATOR'S REPORTS
12.1. California Office of Emergency Services Grant
12.2. Car Show Impact on City Services
12.3. Uvas Creek Clean Up Event
12.4. Update on Unhoused Encampment at IOOF Ave and Miller Slough
12.5. South County Joint Webinar – CalHFA ADU Grant Program
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
14.1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION:
Government Code Section 54956.9(d)(1) and Gilroy City Code
Section 17A.11(3)(b) Name of case: Jesse R. Sanchez; Mirna
Leonides Sanchez; and the Estate of Jesse Sanchez, Jr. v. The City
of Gilroy; County of Santa Clara; Rebeca Armendariz; Sally
Armendariz; Domingo Armendariz Filed August 22, 2022.
1. Receive advice from City Attorney pursuant to Gilroy City Code Section
17A.11(3) to assert the attorney-client privilege and enter into closed session
because discussion in open session would likely and unavoidably prejudice the
position of the City.
2. Receive Public Comment on Closed Session Item
3. Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjourn to
Closed Session.
14.2. 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)
City Council Regular Meeting Agenda
09/12/2022 Page7 16. ADJOURNMENT
FUTURE MEETING DATES
SEPTEMBER 2022
19* Regular Meeting - 6:00 p.m.
OCTOBER 2022
3* Regular Meeting - 6:00 p.m.
17* Regular Meeting - 6:00 p.m.
24* Special Study Session - 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