11/07/2022 City Council Regular Meeting Adopted 11/21/2022
City Council Regular Meeting Minutes
11/7/2022
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City of Gilroy
City Council Regular Meeting Minutes
November 7, 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 Marques led the Pledge of Allegiance.
2. Invocation
Rabbi Faith Joy Dantowitz led the invocation.
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
Public Works Director Jordan introduced the following new employees:
Marco Martinez, Engineer I
Rigoberto Chavez, Maintenance Worker I
Christian Martinez, Maintenance Worker I
Daniel Contreras, Maintenance Worker I
Police Chief Espinoza introduced the following new employees.
Leonor Velasquez, Police Officer
Nico DeVillires, Police Officer
Matthew Lopez, Community Service Officer
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation - United Against Hate Week
Mayor Blankley read aloud the Proclamation.
2.1.2. Proclamation - Arbor Day
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11/7/2022
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Mayor Blankley read aloud the Proclamation and presented it to Parks and
Recreation Chair Graham.
2.1.3. Proclamation - Lung Cancer Awareness Month
Mayor Blankley briefly mentioned the Proclamation.
2.1.4. Retirement Proclamation - Bill Headley
Mayor Blankley briefly mentioned the Proclamation.
2.1.5. Annual Library Commission Presentation
Library Commission Chair Victoria Converson-Baxter presented the annual
presentation to Council.
2.1.6. Annual Open Government Commission Presentation
Open Government Commission Chair Diana Bentz presented the annual
presentation to Council.
3. PRESENTATIONS TO THE COUNCIL
1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Blankley opened Public Comment.
The following individuals spoke on items that were not on the agenda:
The following individuals from Citizens for Ethics and Accountability spoke
on three ethical concerns Council Member Tovar and requested Council to
investigate the legality of residency:
Karl T.
Jan C.
Cindy K.
Grace T.
Bob B.
Alan Harunaga spoke on crime in his neighborhood at Uvas Creek and
presented questions for Council to address with regard to police patrol.
Nicole Craig echoed Mr. Harunaga’s concerns about the homelessness
issue in the Uvas Creek neighborhood.
Bill O’Connor asked the Mayor to follow the Council norms when it comes
to Public Comments.
Crescencia Sanchez from Bill Wilson Center reminded Council that
November is National Homeless Youth Awareness Month and promoted the
resources the center has to offer to the community.
Marty Estrada requested Council to build a Youth Center within Gilroy.
Cheryl Parks discussed an incident of her child finding a loaded pistol on
the sidewalk and a crime incident that same evening.
There being no further speakers, Mayor Blankley closed Public Comment.
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11/7/2022
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4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendariz recognized November as National Native American
Heritage Month and recognized the coming of Cesar Chavez Day as a holiday for
the City.
Council Member Marques reminded the public about the Holiday Parade on
December 3, 2022 and reported on Gourmet Alley Ad Hoc Committee.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Clean Energy Authority JPA Board, and the Gilroy Sister Sisters Cities
Association Dinner that was held on November 1, 2022.
Council Member Tovar reported on Gourmet Alley Ad Hoc Committee.
Council Member Leroe-Muñoz reported on Santa Clara Valley Water District,
Veteran's Day parade on November 11, 2022, and asked the public to vote.
Mayor Blankley reported on the visit to Gilroy by the Mayor and Vice Mayor of
Sister City Angra do Heroismo and thanked the Sister Cities Association for
maintaining our Sister City relationships. Mayor Blankley and Morgan Hill Mayor
Constantine, VTA Board representatives for South County, attended the CalTrain
Board meeting to push for a fourth train to South County . She also reminded the
public to visit the Smithsonian Traveling Exhibition at the Gilroy Library.
5. COUNCIL CORRESPONDENCE
5.1. Council-Initiated Request for an Inventory of Youth Program and
Facilities
Assistant City Administrator McPhillips responded to Council Member questions.
Mayor Blankley opened Public Comment:
Raymundo Armendariz complimented the Recreation staff for providing the
inventory list and stated the need for a Youth Center.
Gabriela Mendoza requested for a Youth Center to be built within the City.
Jacqueline Castillo requested for a Youth Center to be built within the City.
Xavier Garcia discussed the unaffordability of the current facilities.
Bella Santos suggested a location of a Youth Center should one be built .
Marty Estrada inquired who operates the parks and recreation facilities if
the City removed funding away from Recreation.
Sally Armendariz requested for a Youth Center to be built within the City.
There being no further speakers, Mayor Blankley closed Public Comment.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7. CONSENT CALENDAR (ROLL CALL VOTE)
Council Member Tovar requested to pull Consent Calendar Item No. 7.4.
Mayor Blankley opened public comment.
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There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE ITEMS 7.1, 7.2, 7.3, 7.5, and 7.6 [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
7.1. City Council - Regular Meeting - Oct 17, 2022 6:00 PM
A motion was made to accept the minutes.
7.2. City Council - Special Meeting - Study Session - Oct 24, 2022 6:00 PM
A motion was made to accept the minutes.
7.3. Approve Amendments to the 2023 City Council Meeting Schedule
A motion was made to adopt the amended 2023 City Council meetings.
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an
Observed Holiday
The item was pulled out of Consent Calendar by Council Member Tovar.
7.5. Authorize the City Administrator, or Designee, to Execute an Easement
Deed to PG&E for a Relocated Joint Guy Stub Pole and Anchor within
APN 799-08-051 for the Downtown Gourmet Parking Lot
A motion was made to adopt a Resolution and Authorize the City Administrator
to execute the easement deed.
Enactment No.: Resolution No. 2022-83
7.6. First Amendment to the Agreement for Services with Luhdorff &
Scalmanini Consulting Engineers (LSCE) to Extend Design and
Construction Engineering Services through June 30, 2024 and Increase
Existing Agreement by $99,502 for a Total Contract Amount of $719,502
A motion was made to approve an amendment with Luhdorff & Scalmanini
Consulting Engineers (LSCE).
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an
Observed Holiday
Council Member Tovar provided a brief speech on the impact of Cesar Chavez.
Mayor Blankley opened Public Comment.
Diane Ortiz, CEO of Youth Alliance, thanked the City Council for
acknowledging the holiday.
Sally Armendariz thanked Council for acknowledging the holiday.
Andres Chavez, Director of the National Chavez Center, thanked Council
for acknowledging the holiday.
Alicia Hernandez, president of the National Hispanic Organization of Real
Estate Associates, stated that she was ho nored and excited to hear about
for Cesar Chavez Day to be a City recognized holiday.
There being no further speakers, Mayor Blankley closed Public Comment.
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RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-82
8. BIDS AND PROPOSALS
There were none.
9. PUBLIC HEARINGS
9.1. Approve Proposed Tentative Map to Divide 778 First Street Into Two Parcels
Mayor Blankley asked Council Members if they received any ex -parte
communications. Mayor Blankley reported one ex-parte communication with a
nearby resident.
Community Development Director Goei provided staff presentation. She and
Senior Planner Tamborinini responded to Council Member questions.
Mayor Blankley opened the Public Hearing at 7:38 PM.
James Polo spoke about the potential issue of whom to contact about the
gate that is on the parcel if the land is split.
Amanda Musy-Verdel, representing Hanna & Brunetti, provided clarification
on the APN number.
Philip Rodriguez, a resident at Oak Commons, requested Council to hold
off on voting on the resolution.
There being no further speakers, Mayor Blankley closed Public Hearing at 7:52
PM.
Possible Action:
Adopt a Resolution approving a Tentative Map to subdivide the property
located at 778 First Street into two parcels (APN: 808 -12-035 & 808-12-036)
(File Number TM 22-04).
RESULT: APPROVE [5 TO 1 WITH 1 ABSTENTION]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques
NAYS: Fred Tovar
ABSTAIN: Rebeca Armendariz
Enactment No.: Resolution No. 2022-84
10. UNFINISHED BUSINESS
There were none.
11. INTRODUCTION OF NEW BUSINESS
11.1. Annual Review and Adoption of the City's Investment Policy
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Finance Director Sangha provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
Adopt a resolution establishing the City’s updated Investment Policy.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-85
11.2. Introduce an Ordinance Adopting by Reference the 2022 California
Building Codes with Amendments, and Set a Public Hearing on November
21, 2022, for Adoption of the Ordinance. This Ordinance has been
assessed in accordance with the California Environmental Quality Act
(Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA
Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically
exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which
exempts from CEQA any project where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the
environment, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies.
Community Development Director provided staff presentation on items 11.2, 11.3,
and 11.4 combined and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
x City Clerk Pham read aloud the title of the proposed ordinance.
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2. Introduce 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.
RESULT: INTRODUCE THE ORDINANCE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.3. Introduce an Ordinance Adopting by Reference the 2022 California
Building Codes with Amendments, and Set a Public Hearing on November
21, 2022, for Adoption of the Ordinance. This Ordinance has been
assessed in accordance with the California Environmental Quality Act
(Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA
Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically
exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which
exempts from CEQA any project where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the
environment. Adoption of the proposed Ordinance includes the adoption
of the California Green Buildings Standards Code which is also exempt
from CEQA pursuant to CEQA Guidelines, § 15308 which exempts actions
taken by regulatory agencies for the enhancement and protection of the
environment, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
Ron Kirkish requested Council to review the Green Building Code before it
is adopted.
There being no further speakers, Mayor Blankley closed Public Comment.
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Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
City Clerk Pham read aloud the title of the proposed ordinance.
2. Introduce 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.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.4. Introduce an Ordinance Adopting by Reference the 2022 California Fire
Codes with Amendments, and Set a Public Hearing on November 21,
2022, for Adoption of the Ordinance. This Ordinance has been assessed
in accordance with the California Environmental Quality Act (Cal. Pub.
Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14
Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA
under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any
project where it can be seen with certainty that there is no possibility that
the activity may have a significant effect on the environment, and none of
the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
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Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
City Clerk Pham read aloud the title of the ordinance.
2. Introduce 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.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
12. CITY ADMINISTRATOR'S REPORTS
No report was provided.
13. CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member
questions.
14. CLOSED SESSION
There were none.
15. ADJOURNMENT
The meeting was adjourned at 8:32 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 on November 21, 2022
Thai Nam Pham, CMC, CPMC
City Clerk