02/27/2023 City Council Regular Meeting Adopted 03/06/2023
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City of Gilroy
City Council Regular Meeting Minutes
Monday, February 27, 2023 | 6:00 PM
1. OPENING (CITY COUNCIL)
1.1 Call to Order
Meeting was called to order by Mayor Blankley at 6:00 PM.
1.2. Pledge of Allegiance
Council Member Hilton led the Pledge of Allegiance.
1.3. Invocation
There were none.
1.4. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the posting of the Agenda.
1.5. Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
1.6. Orders of the Day
Mayor Blankley requested Agenda Item No. 11.1 be held after the consent
calendar. There were no objections to the request.
1.7. Employee Introductions
Community Development Director Goei introduce Hazardous Material Inspector
David Ayers, Jr. to the Council.
2. CEREMONIAL ITEMS – Proclamations and Awards
2.1. Proclamation – Proclaiming March 2023 as Youth Arts Month
Mayor Blankley acknowledged the proclamation.
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Regular Meeting Minutes
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
Mayor Blankley opened Public Comment.
The following members spoke on items that were not in the agenda:
Jeff Orth provided a status update on the Downtown Business Association
meeting with the Spanish speaking community.
Jan Guffey expressed concerns about the freight trains going through the
City carrying toxic chemicals.
Joanne Fierro expressed disappointment of the video shown at the
January 23, 2023 City Council Regular Meeting as it did not display the
City’s diversity.
Ron Kirkish opined about the article from Gilroy Dispatch with regards to
Silicon Clean Energy and reiterated that carbon dioxide is not a pollutant.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendariz had nothing to report.
Council Member Marques reported on Gilroy Gardens Board of Directors.
Council Member Hilton reported on VTA Policy Advisory Committee.
Council Member Cline had nothing to report.
Council Member Tovar reported on meetings with community members. He also reminded
the public about the Poppy Jasper International Film Festival being held in April 2023 and
his second annual Salsa Tasting Contest and Classic Car Show in mid May 2023.
Mayor Blankley reported that City Staff will submit a federal grant application in the amount
of $21 million for the construction of the 10th Street Bridge and welcomed the public to
submit letters of advocacy. She also reported on the CalTrain Policy Group.
5. COUNCIL CORRESPONDENCE
5.1. Advisory and Request from the California League of Cities for a Resolution
Opposing the Taxpayer Protection and Government Accountability Act
Ballot Measure
Council acknowledged receipt of the correspondence.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
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Regular Meeting Minutes
7. CONSENT CALENDAR
Mayor Blankley requested for Agenda Item Nos. 7.1 and 7.4 to be pulled out of the Consent
Calendar.
Council Member Cline notified the Council he would recuse from voting on Consent
Calendar Item No. 7.4 due to a conflict of interest.
MOTION: Approve the Consent Calendar excluding Consent Calendar Item No. 7.1
and 7.4.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline,
Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
7.1. Approval of the Action Minutes of the February 6, 2023 City Council Regular
Meeting
Item was pulled from Consent Calendar.
7.2. Adoption of a Resolution Approving Budget Amendments in Fiscal Year
2022-23 Adding $43,529 from the Board of State and Community Corrections
Officer Wellness and Mental Health Grant Program to the Police Department
Grants Fund.
A motion was made to adopt the resolution.
RESULT: Pass
Enactment No.: Resolution No. 2023-07
7.3. Resolution of the City Council of the City of Gilroy Declaring Weeds a
Nuisance
A motion was made to adopt the resolution.
RESULT: Pass
Enactment No.: Resolution No. 2023-08
7.4. Tentative Map Time Extension Request for Greenfield Subdivision approval
to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres
to Uvas Creek Preserve, located at the northerly end of Greenfield Drive,
APN 808-20-008, Applicant James Suner (TM 16-02)
Item was pulled from Consent Calendar.
7.5. Adopt an Ordinance of the City Council of the City of Gilroy Amending
Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control
to Prohibit Smoking at Multi-Family Housing Properties and Public Events
Except in Designated Areas
A motion was made to adopt the ordinance.
RESULT: Pass
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Enactment No.: Ordinance No. 2023-02
7.6. Adopt an Ordinance of the City Council of the City of Gilroy Amending
Chapter 19C of the Gilroy City Code Relating to Social Host Accountability
to Increase the Penalty Amounts and Increase the Period of Time for Issuing
Citations
A motion was made to adopt the ordinance.
RESULT: Pass
Enactment No.: Ordinance No. 2023-03
7.7. Claim of Loreen Clark (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute a denial of the claim).
A motion was made to deny the claim.
RESULT: Pass
ITEMS PULLED FROM CONSENT CALENDAR
7.1. Approval of the Action Minutes of the February 6, 2023 City Council Regular
Meeting
Mayor Blankley requested to add additional verbiage in the title of the ordinance
of the minutes for further clarification.
Motio n: Approve the minutes with additional verbiage for clarification in the
title
RESULT: Pass
MOVER: Marie Blankley, Mayor
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
7.4. Tentative Map Time Extension Request for Greenfield Subdivision approval
to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres
to Uvas Creek Preserve, located at the northerly end of Greenfield Drive,
APN 808-20-008, Applicant James Suner (TM 16-02)
Motion: to approve the Tentative Map Time Extension Request for
Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential
lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the
northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner
(TM 16-02)
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Hilton, Council Member Marques, Council Member Tovar, Mayor
Blankley
RECUSED: Council Member Cline
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Enactment No.: Resolution No. 2023-09
11. INTRODUCTION OF NEW BUSINESS
11.1. Renaming of the Gilroy Senior Center’s Classroom One after Theodore
“Ted” Carpenetti
Recreation Manager Henig provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
The following speakers spoke in support of the item:
Barbara Lemal
Albert E. Noble
Joe Carpenetti
There being no further speakers, Mayor Blankley closed public Comment.
MOTION: Approve the renaming the Gilroy Senior Center’s Classroom One
after Theodore “Ted” Carpenetti.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
8. BIDS AND PROPOSALS
8.1. Award a Contract to Itech Solution in the Amount of $134,140 with a project
contingency of $13,414 (10%) and Approve a Project Expenditure of
$147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23-
PW-276
Public Works Management Analyst Michael Lewis provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no further speakers, Mayor
Blankley closed public Comment.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Award a Contract to Itech Solution in the Amount of $134,140 with
a project contingency of $13,414 (10%) and Approve a Project Expenditure
of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No.
23-PW-276 and authorize the City Administrator to execute the contract and
associated documents.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
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8.2. Approve an Amendment to the Agreement for Services with Alpine
Landscapes for Community Facilities District (CFD) Landscape Maintenance
Services to Include Trash and Debris Removal, the Annual Cost for the
Expanded Service, Extend the Agreement for 18 Months, with a Total Cost
of $500,450 for the 18 Month Extension
Public Works Director Jordan provided staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
MOTION: Approve an amendment with Alpine Landscapes to increase the
annual contract amount by $26,916 per year to a total amount of $333,633
and extend the term of the existing agreement by 18 months for landscape
and maintenance services and authorize the City Administrator to execute
the amendment and related documents.
RESULT : Pass
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
8.3. Approve an Amendment to the Agreement for Services with Jensen
Landscape Services, LLC for Parks and Landscape Maintenance Services to
Include Trash and Debris Removal, the Annual Cost for the Expanded
Service, Extend the Agreement for 18 Months, with a Total Cost of $1,541,637
for the 18 Month Extension
Public Works Director Jordan provided staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Motion: Approve an amendment with Jensen Landscape Services, LLC to
increase the annual contract amount by $92,750 to a total annual amount of
$1,027,758 and extend the term of the existing agreement by 18 months for
landscape and maintenance services and authorize the City Administrator
to execute the amendment and related documents.
RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
9. PUBLIC HEARING
9.1. Proposed Tentative Map to divide 6955 Camino Arroyo into two parcels
(within Gilroy Crossing commercial development), Application No. TM 22-05
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Mayor Blankley asked Council Members to disclose any ex-parte
communications. N one were disclosed.
Community Development Director Goei provided staff presentation and
responded to Council Member questions.
Mayor Blankley open the Public Hearing at 6:53 PM. There being no speakers,
Mayor Blankley closed the Public Hearing at 6:53 PM.
MOTION: Determine that the proposed Tentative Map is exempt from further
environmental review and qualifies for the State CEQA Guidelines Class 15
Exemption, Minor Land Divisions because the proposed subdivision results
in less than four parcels, is in conformance with the City’s General Plan and
Zoning, seeks no exceptions or variances, and all services and access to
the resulting parcels is available, based on its independent analysis; and
adopt a resolution to approve the proposed tentative map to divide the
property known as APN 841-70-045 into two separate parcels.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-10
10. UNFINISHED BUSINESS
There were none.
11. INTRODUCTION OF NEW BUSINESS - CONTINUED
11.1. Renaming of the Gilroy Senior Center’s Classroom One after Theodore
“Ted” Carpenetti
Item was heard after the Consent Calendar.
11.2. Adopt a Resolution Declaring Additional Gilroy Gardens Property as Surplus
Pursuant to Government Code Section 54221; find that the Council’s action
in doing so is exempt from CEQA pursuant to CEQA Guidelines Section
15061(b)(3)
City Administrator Forbis provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed public Comment.
MOTION: Adopt a Resolution Declaring Additional Gilroy Gardens Property
as Surplus Pursuant to Government Code Section 54221; find that the
Council’s action in doing so is exempt from CEQA pursuant to CEQA
Guidelines Section 15061(b)(3).
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Tom Cline, Council Member
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AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-11
11.3. Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended
June 30, 2022
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.
Council accepted the report.
11.4. Report on Illegal Fireworks Administrative Citations
Community Development Director Goei provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed public Comment.
Mayor Blankley expressed support in bring ing the item back to Council in a future
meeting date. She received unanimous support.
12. ADJOURN TO THE MEETING OF GILROY PUBLIC FACILITIES FINANCING AUTHORITY
Mayor Blankley adjourned to the Gilroy Public Facilities Financing Authority at 7:25 PM.
13. OPENING (GILROY PUBLIC FACILITIES FINANCING AUTHORITY)
13.1. Call to Order
The Gilroy Public Facilities Financing Authority Regular Meeting was called to
order by Chair Blankley at 7:25 PM.
13.2. Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Director
Dion Bracco, Vice Chair
Tom Cline, Director
Zach Hilton, Director
Carol Marques, Director
Fred Tovar, Director
Marie Blankley, Chair
14. CONSENT CALENDAR (GILROY PUBLIC FACILITIES FINANCING AUTHORITY)
Motion: Approve the Consent Calendar
RESULT: Pass
MOVER: Carol Marques, Director
SECONDER: Fred Tovar, Director
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AYES: Director Armendariz, Director Cline, Director Hilton, Director Marques, Director
Tovar, Chair Blankley
ABSENT : Vice Chair Bracco
14.1. Approval of the Action Minutes of the December 5, 2022 Gilroy Public
Facilities Financing Authority Regular Meeting
A motion was made to approve the minutes.
15. INTRODUCTION OF NEW BUSINESS (GILROY PUBLIC FACILITIES FINANCING
AUTHORITY)
15.1. Approval of Resolutions Specifying Circumstances Under Which Regular
Meetings Will Not Be Held; Designating Certain Officers and Employees as
Ex Officio Positions; and Adopting a Budget for Fiscal Year 2023-24
General Counsel/Legal Advisor Faber provided staff presentation and responded
to board member questions.
Chair Blankley opened Public Comment. There being no speakers, Chair Blankley
closed Public Comment.
Motion: Approve Resolutions Specifying Circumstances Under Which
Regular Meetings Will Not Be Held; Designating Certain Officers and
Employees as Ex Officio Positions; and Adopting a Budget for Fiscal Year
2023-24
RESULT: Pass
MOVER: Rebeca Armendariz, Director
SECONDER: Carol Marques, Director
AYES: Director Armendariz, Vice Chair Bracco, Director Cline, Director Hilton,
Director Marques, Director Tovar, Chair Blankley
Enactment No.: Resolution Nos. GPFFA 2023-01, 2023-02, and 2023-03
16. ADJOURN TO THE MEETING OF GILROY CITY COUNCIL
Chair Blankley adjourned the Gilroy Public Facilities Financing Authority and returned to the
Gilroy City Council Regular Meeting at 7:31 PM.
17. CITY ADMINISTRATOR'S REPORTS
17.1. Gilroy Clean Up Program Announcement
City Administrator Forbis provided a brief report and responded to Council
Member questions.
18. CITY ATTORNEY'S REPORTS
City Attorney Faber reported on a court case involving City of Arcadia with regards to CEQA.
19. CLOSED SESSION
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed
Public Comment.
The Mayor recessed the City Council at 7:44 PM.
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The Mayor reconvened the Council to Closed Session at 7:53 PM. The motion to stay in
Closed Session was unanimous.
19.1. Conference with Negotiator – Collective Bargaining Unit Pursuant to
Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4)
Collective Bargaining Unit: Gilroy Police Officers Association, Inc.,
Representing Gilroy Police Officers;
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips,
Assistant City Administrator/Administrative Services & Human Resources
Director;
Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working
Conditions; Memorandum of Understanding: MOU Between City of Gilroy &
Gilroy Police Officers
No reportable action.
20. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
21. ADJOURNMENT
The meeting was adjourned by Mayor Blankley at 8:01 PM.
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 March 6, 2023.
Thai Nam Pham, CMC, CPMC
City Clerk