09/12/2022 City Council Regular Meeting Adopted 09/19/2022
City Council Regular Meeting Minutes
September 12, 2022
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City of Gilroy
City Council Regular Meeting Minutes
September 12, 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 Bracco led the Pledge of Allegiance.
2. Invocation
Invocation was led by Pastor Quirke from South Valley Community Church.
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
2.1.1. Proclamation Naming September as Childhood Cancer Awareness
Month
Mayor Blankley read aloud the proclamation and presented it to Allyssa Gil-
Ojeda, Development and Communications Coordinator of Jacob's Heart.
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
The following individuals spoke on items that were not on the agenda:
The following members spoke in favor of building a youth Center at
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September 12, 2022
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the east side of Gilroy:
Raymundo Armendariz
Hazel Quintero
Jacqueline Castillo
Xavier Garcia
Vanetina Runales
John Zekanoski invited Council Members to SCAPA DART Annual
Disaster Preparedness Exercise scheduled for September 24th at
San Martin Airport.
David C. Lopez requested an update on his case from the Police
Department.
Ron Kirkish urged council to vote no on Council Member’s Hilton
future agenda item on gun safety ordinance.
Joan Lewis provided Council Members a brochure to Council
updating the state of the farming community.
Eric Jacobson spoke about the issue of homelessness at IOOF
Avenue.
Valentina Runales spoke on the issue homelessness, advocated
for a youth center, and commented on one of the Council Member
comments about the low rider community in the City.
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 recognize Hispanic Heritage Month.
Council Member Marques notified the public of two upcoming events: Chalk
Festival on October 8th and Beer Crawl on October 15th.
Council Member Hilton reported on South County United for Health.
Council Member Tovar National League of Cities Conference.
Council Member Leroe-Muñoz reported on VTA Mobility Partnership will be
meeting on Wednesday, September 14th, and reminded the public that Gilroy’s
National Night Out Event is on October 4th.
Mayor Blankley reported on Gilroy Economic Development Partnership and
League of California Cities Conference.
5. COUNCIL CORRESPONDENCE
5.1. City Council Member Meeting Attendance
Council accepted the report.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Hilton requested Council to amend City Code Chapter 16
Offenses-Miscellaneous to add “Safe Storage of Firearms” on a future agenda.
The item failed to receive majority support.
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Council Member Armendariz requested Council to consider a resolution
recognizing September 15th through October 15th as National Hispanic Heritage
Month. The item received unanimous support.
7. CONSENT CALENDAR (ROLL CALL VOTE)
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 - Aug 15, 2022 6:00 PM
A motion was made to approve the minutes.
7.2. City Council - Special Meeting - Study Session - Aug 29, 2022 6:00 PM
A motion was made to approve the minutes as amended.
7.3. Proclamation Naming September 17 - 23, 2022 as Constitution Week
A motion was made to accept the Proclamation.
7.4. Approval of the Update to the Gilroy Conflict of Interest Code During Its
Biennial Review
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-67
7.5. 2023 City Council Meeting Schedule
A motion was made to approve the 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
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-68
7.7. Adoption of a Resolution in Opposition to the Proposed Sargent Ranch
Quarry Project in South Santa Clara County
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-69
7.8. Claim of Ceily Hepner (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim.)
A motion was made to deny the claim.
8. BIDS AND PROPOSALS
There were none.
9. PUBLIC HEARINGS
There were none.
10. UNFINISHED BUSINESS
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September 12, 2022
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10.1. Consideration of Expanding Restrictions on Camping on Public
Property
Senior Management Analyst Atkins provided staff report and responded to Council
Member questions.
Mayor Blankley opened public comment.
Jan Bernstein Chargin reminded Council that kids are also in homeless
encampments and requested the City should make maps where the
unhoused could go be publicly available.
Ron Kirkish requested that a ban on homeless encampments should be
1,000 ft in the new ordinance
Araceli Vaquera requested that playgrounds be considered within the
ordinance.
Eric Jacobson stated the Gilroy should look into the City of Fremont model
of dealing with homeless encampments and designate walk areas in the
new ordinance.
Valentina Renales stated that the City needs to fix the underlying issues of
homelessness and provide rehab services in the City. She also advocated
that Youth Center is needed in Gilroy to prevent future kids in becoming
homeless.
Sally Armendariz stated that a Youth Center is need on east side of Gilroy.
Maria Delgado inquired if the City has conducted a survey on who the
unhoused population are.
Bill O'Connor stated he like the proposed approach of dealing with
encampments.
There being no further speakers, Mayor Blankley closed public comment.
Mayor Blankley requested Council to direct staff to come back to no camping within
500 ft of schools, daycares, playgrounds, or where children are expected to be;
and no camping that restricts public safety or infrastructure access. The request
received unanimous support.
Council Member Marques requested Council to look at creeks within the City’s
jurisdiction. The request received unanimous support.
Council Member Armendariz requested Council for staff to provide a report on
service provider feedback, port-a-potties and trash bins, and ample notices based
on best practices. The request did not receive majority support.
Council Member Leroe-Munoz requested Council for staff to look at the
enforcement of this proposed ordinance. The request received unanimous support.
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)
City Administrator Forbis provided staff presentation and responded to Council
Member questions.
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Mayor Blankley opened Public Comment.
Kelly Ogier requested Council to vote for the proposal.
There being no further speakers, Mayor Blankley closed Public Comment.
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
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
b) Approve the Gilroy Economic Development Partnership recommendation
to rename the "536 Project" to the "Recreation Gateway Area."
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.2. Award of Contract to W-Trans for Downtown Parking Management Plan -
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.
City Engineer Heap provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Scott Solmonson inquired what would be the cost of implementing the parking
management plan.
There being no further speakers, Mayor Blankley closed Public Comment.
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.
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
RESULT: APPROVE [5 TO 2]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Hilton, Leroe-Muñoz, Tovar
NAYS: Dion Bracco, Carol Marques
Enactment No.: Resolution No. 70
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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.
RESULT: APPROVE [5 TO 2]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Hilton, Leroe-Muñoz, Tovar
NAYS: Dion Bracco, Carol Marques
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 Administrator Forbis provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Valentina Renales inquired what waiving the development impact fees
meant.
City Administrator Forbis briefly responded to Ms. Renales’s inquiry.
There being no further speakers, Mayor Blankley closed Public Comment.
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; and
c) Authorize the City Administrator to make minor modifications to the
MOU with the legal approval of the City Attorney.
RESULT: APPROVE [UNANIMOUS] (ALL IN ONE MOTION)
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
12. CITY ADMINISTRATOR'S REPORTS
12.1. California Office of Emergency Services Grant
City Administrator Forbis provided brief report and responded to Council
Member questions.
12.2. Car Show Impact on City Services
City Administrator Forbis provided brief report and responded to Council
Member questions.
Mayor Blankley opened public comment.
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Sally Armendariz stated bringing this item is an attack on Hispanic
community.
Valentina Renales implored Council to embrace Gilroy's low-rider
community.
Ron Kirkish apologized for writing the letter he wrote previously.
Scott Solmonson inquired what the issue was at Downtown.
There being no further speakers, Mayor Blankley closed public comment.
12.3. Uvas Creek Clean Up Event
City Administrator Forbis provided brief report and responded to Council
Member questions.
12.4. Update on Unhoused Encampment at IOOF Ave and Miller Slough
City Administrator Forbis provided brief report and responded to Council
Member questions.
Mayor Blankley opened public comment.
Scott Solmonson inquired what the site clean up was actually entailing.
There being no further speakers, Mayor Blankley closed public comment.
12.5. South County Joint Webinar – CalHFA ADU Grant Program
City Administrator Forbis provided brief and responded to Council Member
questions.
13. CITY ATTORNEY'S REPORTS
There was none.
14. CLOSED SESSION
Mayor Blankley opened Public Comment.
There being no further speakers, Mayor Blankley closed Public Comment.
Council Member Armendariz notified that she would recuse herself on Closed
Session item No. 14.1.
A motion was made by Mayor Blankley to go into Closed Session. The vote was
unanimous
Mayor Blankley adjourned Regular Meeting to Closed Session at 9:00 p.m.
The City Council convened in Closed Session at 9:05 p.m.
The Council voted to stay in closed session was unanimous.
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.
No reportable action.
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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
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.
Thai Nam Pham, CMC, CPMC
City Clerk