10/03/2022 City Council Regular Meeting (01 - Preliminary Agenda)
September 26, 2022 3:00 PM City Council Regular Meeting Preliminary 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, OCTOBER 3, 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 th e 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 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 review 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 Preliminary Agenda
10/3/2022 Page2 A Closed Session may be called during this meeting pursuant to Gove rnment 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
City Council Regular Meeting Preliminary Agenda
10/3/2022 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 Hall, 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 t he
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
3.1.1. Public Correspondence - Xavier Garcia
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 Energy 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, Historic 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 Reduction 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 Preliminary Agenda
10/3/2022 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
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 discu ssion 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 C ouncil 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 - Sep 19, 2022
6:00 PM
7.2. Appointment to One Seat on the Santa Clara Valley Transportation
Authority Bicycle Pedestrian Advisory Committee for a Term Ending
June 30, 2024
7.3. 2022 Prepare CA Jumpstart Grant - Acceptance of Cal OES grant and
update of the Position of Control List
7.4. Approval of Final Map and Property Improvement Agreement No.
2022-03 for The Cottages Development Tract 10582, APN 790-002,
003
8. BIDS AND PROPOSALS
City Council Regular Meeting Preliminary Agenda
10/3/2022 Page5 9. PUBLIC HEARINGS
9.1. Solar Power Purchase and Lease Agreement with Jua Capital
1. Disclosure of Ex-Parte Communications
2. Staff Report: Walter Dunckel, Facilities Superintendent
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
1. Hold a public hearing pursuant to California Government Code Section
4217.12; and
2. Adopt a Resolution to:
Enter into a Power Purchase Agreement (PPA) with Jua Capital, pursuant
to California Government Code Section 4217.12; and
Find that the anticipated solar energy cost will be less than what the City
will pay in the absence of the project; and
Authorize the City Administrator or his designee to complete final
negotiations and execute a Power Purchase Agreement and Lease
Agreement with Jua Capital.
10. UNFINISHED BUSINESS
10.1. Appointments to Parks and Recreation Commission and Youth
Commission
1. Staff Report: Thai Pham, City Clerk
2. Public Comment
3. Possible Action:
1. Appoint a member of the Parks and Recreation Committee to a vacated
seat with a term ending December 31, 2022.
2. Appoint members of the Youth Commission to six (6) seats with a term
ending September 30, 2024.
11. INTRODUCTION OF NEW BUSINESS
11.1. Council Initiated Discussion of Requesting the Resignation of
Council Member Armendariz
1. Staff Report: Marie Blankley, Mayor
2. Public Comment
3. Possible Action:
None.
City Council Regular Meeting Preliminary Agenda
10/3/2022 Page6 11.2. Award a Contract to Syserco Energy Solutions in the amount of
$3,685,718 for Energy Conservation Measures
1. Staff Report: Walter Dunckel, Facilities Superintendent
2. Public Comment
3. Possible Action:
Staff recommends City Council to:
1. Adopt a resolution of the City Council of the City of Gilroy amending
the fiscal year 2022-2023 budget to appropriate $3,685,718 for this
project from the General Fund; and
2. Award a construction contract in the amount of $3,685,718 to
Syserco Energy Solutions for Energy Conservation Measures,
pursuant to California Government Code Section 4217.16, which
will be fully re-paid by PG&E under their On Bill Financing Program.
3. Authorize the City Administrator to execute the related contract
documents and approve any future change orders and items within
the approved project budget.
11.3. Council Review of City Code Chapter 19B Entitled "Smoking
Pollution Control"
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council provide direction to staff if it desires to modify Chapter 19B of the City
Code relating to Smoking Pollution Control.
11.4. Fiscal Year 2022-23 1st Quarter Department and Legislative Work
Plan Update
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council receive the report.
12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
City Council Regular Meeting Preliminary Agenda
10/3/2022 Page7 14. CLOSED SESSION
14.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC
Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General &
Supervisory Units) Representing Employees Affiliated with AFSCME,
Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters;
Gilroy Management Association Representing Mid-Management
Employees; Unrepresented Exempt Employees (Confidential, Department
Heads & Council-Appointed); Unrepresented Confidential Non-Exempt
Employees; Part-Time/Temporary/Seasonal Employees (Hourly &
Exempt)
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 Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101
General & Supervisory Units; City of Gilroy and Gilroy Management
Association (GMA)
1. Receive Public Comment on Closed Session Item.
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)
16. ADJOURNMENT
FUTURE MEETING DATES
OCTOBER 2022
17* Regular Meeting - 6:00 p.m.
24* Special Study Session Meeting - 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.
19* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed