11/21/2022 City Council Regular Meeting (02 - Final Agenda)
November 17, 2022 3:15 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, NOVEMBER 21, 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 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 re view 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
11/21/2022 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 a ntes 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. Retirement Proclamation for Visit Gilroy Executive
Director/CEO Jane Howard
2.1.2. Proclamation - Small Business Saturday
City Council Regular Meeting Agenda
11/21/2022 Page3 3. PRESENTATIONS TO THE COUNCIL
3.1 Annual Planning Commission Presentation
3.2. 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 Coun cil
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 pa cket 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 mate rial
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 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 Regio nal 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),
City Council Regular Meeting Agenda
11/21/2022 Page4 South County Joint Recycled Water Advisory Committee, South County Regional
Wastewater Authority Board, Street Naming Committee, South Cou nty 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 - Nov 7, 2022
6:00 PM
7.2. Adopt a Resolution of the City Council of the City of Gilroy
Authorizing the City Administrator to Execute a Non-Disclosure
Agreement with W-Trans and Strategic Economics, Inc. and Release
Confidential Sales Tax Data for Development of the Downtown
Parking Management Plan
8. BIDS AND PROPOSALS
8.1. Award a Contract to Moore Iacofanco Goltsman, Inc. for Justice,
Equity, Diversity, and Inclusion Consultation Services in the Amount
of $114,905.
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity
and inclusion consultation services in the amount of $114,905.
City Council Regular Meeting Agenda
11/21/2022 Page5 9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of
Gilroy Adopting a Franchise Agreement with Recology South Valley
for Solid Waste Hauling Services and a Finding that Its Action in
Adopting the Ordinance is Exempt From Review Under the California
Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State-Mandated
Program for the Protection of Public Health and the Environment,
and None of the Circumstances in CEQA Guidelines Section 15300.2
Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive any future reading.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy
approving a franchise agreement with Recology South Valley for solid
waste hauling services.
9.2. Introduction of An Ordinance of the City Council of the City of Gilroy
Adopting a Franchise Agreement with Recology South Valley for
Solid Waste Hauling Services and a Finding that Its Action in
Adopting the Ordinance is Exempt From Review Under the California
Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State-Mandated
Program for the Protection of Public Health and the Environment,
and None of the Circumstances in CEQA Guidelines Section 15300.2
Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading.
b) Introduce an Ordinance of the City Council of the City of Gilroy Approving
a Franchise Agreement with Recology South Valley for Solid Waste
Hauling Services.
City Council Regular Meeting Agenda
11/21/2022 Page6 9.3. Proposed Rezoning, Tentative Map and Architectural and Site
Review to Develop 3.37 Acres with a 45 Unit Townhouse Project
(Royal Way Townhomes).
1. Disclosure of Ex-Parte Communications
2. Staff Report: Kraig Tambornini, Senior Planner
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive furthe r reading; and
Introduce an Ordinance of the City Council approving adoption of a
Planned Unit Development Overlay Zoning Amendment for property at
Royal Way (file number Z 21-05); and
b) Adopt a resolution approving a Tentative Map for a 45 -unit townhome
development (file number TM 21-04); and
c) Adopt a resolution approving an Architectural and Site Review Permit to
allow construction of a 45-unit townhome project on the property following
approval of the associated PUD zoning amendment and tentative map.
9.4. Adopt an Ordinance Adopting by Reference the 2022 California
Building Codes with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.1, 6.6,
and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the
2022 California Building Code, 2022 California Residential Code, 2022 California
Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing
Code, 2022 California Energy Code, 2022 California Historical Building Code,
2022 California Existing Building Code, 2021 International Property Maintenance
Code, and 2021 International Swimming Pool and Spa Code, with amendments.
City Council Regular Meeting Agenda
11/21/2022 Page7 9.5. Adopt an Ordinance Adopting by Reference the 2022 California
Green Building Standards Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.6 and
6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022
California Green Building Standards Code with amendments .
9.6. Adopt an Ordinance Adopting by Reference the 2022 California Fire
Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 10.9 and
10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2022
California Fire Code with amendments.
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Agricultural Zoning Districts and Establishment of Agricultural,
Resource, and Open Spaces Uses Including Beekeeping
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council direction not to proceed with pursuing policies permitting agriculture
operations, including beekeeping, outside of agriculture districts.
City Council Regular Meeting Agenda
11/21/2022 Page8 12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
FUTURE MEETING DATES
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
12* Special Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m. -CANCELLED-
JANUARY 2023
9* Regular Meeting - 6:00 p.m.
23* Regular Meeting - 6:00 p.m.
Strategic Planning Workshop - Date and Time To Be Determined
FEBRUARY 2023
6* Regular Meeting - 6:00 p.m.
27* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed