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01/23/2023 City Council Regular Meeting (02 - Final Agenda) January 23, 2023 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 REGULAR MEETING | 6:00 PM MONDAY, JANUARY 23, 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. 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. City Council Regular Meeting Agenda Page 2 of 6 January 23, 2023 | 6:00 PM 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 and Awards 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Presentation from City Historian City Council Regular Meeting Agenda Page 3 of 6 January 23, 2023 | 6:00 PM 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 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 City Council Regular Meeting Agenda Page 4 of 6 January 23, 2023 | 6:00 PM 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 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 January 9, 2023 City Council Regular Meeting 7.2. Accept and File Quarterly Cash and Investment Report as of September 30, 2022 7.3. Amendment to the Lease Agreement with Gilroy Gardens Family Theme Park 8. BIDS AND PROPOSALS 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 10.1. Appointments to City Boards, Commissions, and Committees with Seats Vacant as of January 9, 2023 1. Staff Report: Thai Nam Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to the following: Arts and Culture Commission One seat with a term expiring 12/31/2024; and One seat with a term expiring 12/31/2025; Building Board of Appeals One seat with a term expiring 12/31/2026. Library Commission One seat with a term expiring 12/31/2026. Personnel Commission Two seats with terms expiring 12/31/2026. Physically Challenged Board of Appeals Two seats with a term expiring 12/31/2025; and One seat with a term expiring 12/31/2026. City Council Regular Meeting Agenda Page 5 of 6 January 23, 2023 | 6:00 PM 11. INTRODUCTION OF NEW BUSINESS 11.1. Interview and Appointment for the Position of City Historian 1. Staff Report: Thai Nam Pham, City Clerk 2. Public Comment 3. Possible Action: Staff recommends Council interview candidates for the City of Gilroy City Historian position and appoint a member as City Historian after interviews have been conducted. 11.2. Receive Fiscal Year 2022-23 (FY23) Mid-Year Budget Update and Adopt a Resolution Updating the Position Control List 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: Receive the FY23 mid-year budget update; and Adopt a resolution updating the City’s FY22 and FY23 Position Control List. 11.3. Resolution Declaring the Cherry Blossom Apartments as Surplus Pursuant to Government Code Section 54221 1. Staff Report: Bryce Atkins, Assistant to City Administrator 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy declaring the Cherry Blossom Apartments Property to be surplus, and direct staff to proceed in conformance with the State Surplus Lands Act regarding the potential disposition of said property. 11.4. Jumpstart Downtown – Approve the Downtown Building and Planning Fee Reduction Policy and the Downtown Façade and Blight Removal Program; and Amend the Fiscal Year 2023 Operation Budget by $100,000 in the General Fund 1. Staff Report: Bryce Atkins, Assistant to City Administrator 2. Public Comment 3. Possible Action: Receive Downtown Survey results; Adopt a resolution approving the Downtown Building and Planning Fee Reduction Policy; Approve the Downtown Facade and Blight Removal Program; and Adopt a resolution amending the Fiscal Year 2023 operation budget by $100,000 in the General Fund. 11.5. Proposed Modifications to Chapter 19B, Smoking Pollution Control, Relating to Banning Smoking from Multi-Family Developments and Public Events 1. Staff Report: Bryce Atkins, Assistant to City Administrator 2. Public Comment 3. Possible Action: Council provide direction on the parameters of the multi-family and public event smoking ban. City Council Regular Meeting Agenda Page 6 of 6 January 23, 2023 | 6:00 PM 11.6. Report on Quality of Life Officer Activity 1. Staff Report: Pedro Espinoza, Police Chief 2. Public Comment 3. Possible Action: Receive report. 12. CITY ADMINISTRATOR'S REPORTS 12.1. South County Youth Task Force Strategic Plan Presentation 12.2. ICMA-Gilroy Tourism Video 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 15. ADJOURNMENT FUTURE MEETING DATES January 2023 28 Strategic Planning Workshop – 9:00 AM February 2023 6 Regular Meeting – 6:00 PM 27 Regular Meeting – 6:00 PM March 2023 6 Regular Meeting – 6:00 PM 20 Regular Meeting – 6:00 PM Meeting is webstreamed.