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01/09/2023 City Council Regular Meeting (01 - Preliminary Agenda) January 9, 2023 6:00 PM Page 1 of 5 City Council Regular Meeting Preliminary Agenda CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 REGULAR MEETING | 6:00 PM MONDAY, JANUARY 9, 2023 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tovar 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 www.cityofgilroy.org 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 http://bit.ly/3NuS1IN. 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. 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 City Council Regular Meeting Preliminary Agenda Page 2 of 5 January 9, 2023 6:00 PM 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. To access written translation during the meeting, please scan the QR Code or click this link: Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace: bit.ly/3FBiGA0 Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir Use a headset on your phone for audio or read the transcript on your device. Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo. The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1.2. Pledge of Allegiance 1.3. Invocation 1.4. City Clerk’s Report on Posting the Agenda 1.5. Roll Call 1.6. Orders of the Day 1.7. Employee Introductions 2. CEREMONIAL ITEMS - Proclamations, Awards and Presentations City Council Regular Meeting Preliminary Agenda Page 3 of 5 January 9, 2023 6:00 PM 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 the 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 – Cities Association Santa Clara County Board of Directors (Alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Commission, Valley Water Joint Water Resources Commission, SCRWA Council Member Armendariz – Santa Clara County Library Joint Powers Authority (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), South County United for Health Council Member Marques – ABAG, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (Alternate) Council Member Hilton – CalTrain Policy Group (Alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (Alternate), VTA Policy Advisory Committee Council Member Cline – Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (Alternate), Visit Gilroy California Welcome Center Board Council Member Tovar – Gilroy Youth Task Force (Alternate), Santa Clara County Expressway Plan 2040 Policy Advisory Board (PAB), Santa Clara Valley Water Commission (Alternate), SCRWA, South County Youth Task Force Policy Team (Alternate), VTA Mobility Partnership Mayor Blankley – ABAG (Alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (Alternate), Gilroy Youth Task Force, Valley Water Joint Water Resources City Council Regular Meeting Preliminary Agenda Page 4 of 5 January 9, 2023 6:00 PM Commission, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership 5. COUNCIL CORRESPONDENCE 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. CONSENT CALENDAR 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 December 12, 2022 City Council Special Meeting 7.2. Removal of Commissioner Destiny Saldate from Youth Commission Pursuant to Gilroy City Charter Section 900 7.3. Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2021-2022 as Required under Government Code 66000 7.4. Adopt an Ordinance of the City Council of the City of Gilroy Repealing Ordinance Number 99-13, Removing the Use of Liens to Collect for Delinquent Garbage Fees 8. BIDS AND PROPOSALS 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 10.1. Annual Appointments to City Boards, Commissions and Committees with Seats Vacant or Expired as of December 31, 2022 1. Staff Report: Thai Nam Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to the following commissions: Arts and Culture Commission One (1) seat with a term expiring 12/31/2024 One (1) seat with a term expiring 12/31/2025 Two (2) seat with a term expiring 12/31/2026 Open Government Commission One (1) seat with a term expiring 12/31/2024 Two (2) seats with terms expiring 12/31/2026 Parks and Recreation Commission One (1) seat with a term expiring 12/31/2026 Personnel Commission Two (2) seats with terms expiring 12/31/2026 Physically Challenged Board of Appeals Two (2) seats with terms expiring 12/31/2025 One (1) seat with term expiring 12/31/2026 Planning Commission City Council Regular Meeting Preliminary Agenda Page 5 of 5 January 9, 2023 6:00 PM One (1) seat with a term expiring 12/31/2023 Two (2) seats expiring 12/31/2026 Youth Commission One (1) seat with a term expiring 9/30/2024 11. INTRODUCTION OF NEW BUSINESS 11.1. A Resolution of the City Council of the City of Gilroy Authorizing the Submittal of Applications for Payment Programs and Related Authorizations 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: Adopt resolution authorizing the City’s application for recycling program funding through the annual CalRecycle program. 11.2. Council-Initiated Item: Review of the Social Host Ordinance 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council review the Social Host Ordinance and advise staff of any direction. 11.3. Downtown Survey Results 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council receive the survey results report. 12. CITY ADMINISTRATOR'S REPORTS 12.1. Federal Budget Update – Gilroy Allocations 13. CITY ATTORNEY'S REPORTS 13.1. 2023 Brown Act Update (AB 2449) 14. CLOSED SESSION 15. ADJOURNMENT IN MEMORY OF DON CHRISTOPHER FUTURE MEETING DATES JANUARY 2023 23* Regular Meeting - 6:00 p.m. 28* Strategic Planning Workshop - 9:00 a.m. FEBRUARY 2023 6* Regular Meeting - 6:00 p.m 20* Regular Meeting - 6:00 p.m MARCH 2023 6* Regular Meeting - 6:00 p.m 20* Regular Meeting - 6:00 p.m * Meeting is webstreamed