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10/17/2022 City Council Regular Meeting (02 - Final Agenda) October 13, 2022 5:00 PM 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, OCTOBER 17, 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 meetin g 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 rev iew 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 10/17/2022 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 bef ore 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 Agenda 10/17/2022 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. 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 T ransit 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 Agenda 10/17/2022 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 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 - Oct 3, 2022 6:00 PM 7.2. Approval of a Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2015-01, Vista Bella – Tract 10255 7.3. Authorize the City Administrator, or Designee, to Execute an Easement Deed to PG&E for a New Transformer within APN 799-08- 045 for the Downtown Gourmet Parking Lot City Council Regular Meeting Agenda 10/17/2022 Page5 8. BIDS AND PROPOSALS 8.1. Award a Contract for the Interim Fire Station Modular Building 1. Staff Report: Jim Wyatt, Fire Chief 2. Public Comment 3. Possible Action: 1. Award a sole-source contract for the interim fire station modular building to Mobile Modular in the amount of $204,908 to fund construction, installation, and leasing for three (3) years located on the corner of 10 th Street & DeAnza Place in the Santa Teresa Fire Response District; and 2. Adopt a budget amendment resolution to appropriate $204,900 in the Capital Projects Fund for the construction at the alternate site of an interim fire station. 8.2. Award a Five-Year Lease-Purchase and Maintenance Agreements to Sharp Business Systems, Inc. for City-Wide Multi-Function Printers in the Combined Amount Not to Exceed $542,642 1. Staff Report: Scott Golden, IT Manager 2. Public Comment 3. Possible Action: a) Award a lease-purchase agreement to Sharp Business Systems, Inc. for city-wide multi-function printers in the amount not to exceed $371,975. b) Award a maintenance agreement to Sharp Business Systems, Inc. for city- wide multi-function printer maintenance in the amount not to exceed $170,667. c) Authorize the City Administrator to execute the agreement documents. 8.3. Award of a Three-Year Custodial Services Contract to Frank and Grossman Landscape Contractors Inc. in a Not to Exceed Amount of $976,866 (Project 23-RFP-FAC-480) 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: a) Award a bid for custodial services to Frank and Grossman Land scape Contractors Inc., for a three-year term with a not to exceed amount of $976,866 and with the City's option to extend the agreement for an additional two years; and b) Authorize the City Administrator to execute the contract. City Council Regular Meeting Agenda 10/17/2022 Page6 9. PUBLIC HEARINGS 9.1. Review of the Draft Housing Element 1. Disclosure of Ex-Parte Communications 2. Staff Report: Cindy McCormick, Customer Service Manager 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Accept the report and provide direction to staff on the Draft Hous ing Element. 10. UNFINISHED BUSINESS 11. INTRODUCTION OF NEW BUSINESS 11.1. Gilroy Downtown Ad Hoc Committee Final Report and Adoption of Committee Recommendations 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: a) Receive the Final Report; b) Adopt the Final Downtown Ad Hoc Committee Recommendations; and c) Adopt a Resolution of the City Council of the City of Gilroy amending the Fiscal Year 2023 operating budget for downtown beautification and lighting. 11.2. Agreement with CSG Consultants, Inc. for Plan Check and Inspection Services for the Frontier Fiber Optic Project in the Amount of $419,765. 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: Award a contract to CSG Consultants, Inc. for $419,765 to provide plan check and inspection services for Frontier's Fiber Optic Project. City Council Regular Meeting Agenda 10/17/2022 Page7 11.3. Third Amendment to the Agreement for Services with CSG Consultants, Inc. to Extend On-Call Engineering Plan Review, Land Surveying Services, and Inclusion of Inspection Services through June 30, 2024 and Increase Existing Agreement by $280,000. 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: Approve an amendment with CSG Consultants, Inc. to increase funding by $280,000 and extend the term of the existing agreement for engineering plan review and land surveying services, add inspection services, and authorize the City Administrator to execute the amendment and related documents. 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. Closed Session Pursuant to Government Code Section 54957(a) and Gilroy City Code Section 17A.11(1) Concerning Protection Against Cyber Threats to Essential Public Services 1. Receive Public Comment 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 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