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05/15/2023 City Council Regular Meeting Adopted 06/05/2023 Page 1 of 8 City of Gilroy City Council Regular Meeting Minutes Monday, May 15, 2023 | 6:00 PM 1. OPENING 1.1. Call to Order The 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 Bishop Mark Fullmer from The Church of Jesus Christ of Latter-day Saints provided the Invocation. 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 Absent None 1.6. Orders of the Day There were none. 1.7. Employee Retirements Mayor Blankley read aloud Sergeant Wes Stanford’s retirement proclamation and presented it to him. She also recognized the retirements of Public Safety Communicator Monica Beltran, Fire Division Chief Christopher Weber, and Fire Division Chief Shaun Peyghambary. 2. CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Recognizing APWA National Public Works Week May 21 - 27, 2023 Mayor Blankley read aloud the proclamation and presented it to Public Works Director Jordan. 2.2. Proclamation – Proclaiming June 2023 as LGBTQ Pride Month Mayor Blankley read aloud the proclamation. May 15, 2023 | 6:00 PM Page 2 of 8 City Council Regular Meeting Minutes 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Youth Commission Presentation Youth Commissioner Chair Lavender Hwang presented the Annual Youth Commission presentation to the Council. 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 Mayor Blankley opened Public Comment. The following members spoke on items that were not on the agenda. Matthew Tinsley spoke in support of licensed family childcare home providers in Gilroy. Robert Zepeda was against the pride flag being flown on the City’s grounds. Wes White from Salinas/Monterey County Homeless Union updated the Council on works done in other cities surrounding Gilroy dealing with homelessness. Robert Aguirre from Santa Clara County Homeless Union discussed his research on Gilroy’s Housing Element, particularly that it did not have a category of “extremely low income.” There being no further speakers, Mayor Blankley closed Public Comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported on the Santa Clara County Library Joint Powers Authority. Council Member Armendariz had no report. Council Member Marques reported on Downtown Committee. Council Member Hilton reported on VTA Policy Advisory Committee. He also stated that the Santa Clara County Health Department is seeking community volunteers to help with their bicycles and pedestrian counts. He wished good luck to the Las Animas Elementary School, and his office will be hosting one of the energizer stations on May 18th’s Bike to Wherever Day. Council Member Cline had no report. Council Member Tovar attended the Show and Shine event on May 11, 2023, hosted by the Gilroy Chamber of Commerce and the Garlic City Car Show Committee. He also thanked the local YMCA and the Realty Society for hosting the Roadmap to Home Ownership Seminar. Mayor Blankley attended the Home + Garden Tour & Boutique hosted by the Gilroy Assistance League Assistance, the South County Airport Pilots Association Disaster Airlift Response Team at San Martin Airport, and the St. Louise Hospital Wellness Fair. She promoted a fundraiser event at Promised Land Brewing Company on May 28, 2023. She also reported on the VTA Board Meeting of Directors. May 15, 2023 | 6:00 PM Page 3 of 8 City Council Regular Meeting Minutes 5. COUNCIL CORRESPONDENCE There were none. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. 7. CONSENT CALENDAR Mayor Blankley Closed Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Adopt the Consent Calendar. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore 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 7.1. Approval of the Action Minutes of the May 1, 2023 City Council Regular Meeting A motion was made to approve the minutes. 7.2. Approval of the Action Minutes of the May 3, 2023 City Council Capital Improvement Plan Workshop A motion was made to approve the minutes. 7.3. Council Appointment of Council Member Tom Cline to the Valley Transportation Authority Mobility Partnership Committee A motion was made to appoint Council Member Cline to the Valley Transportation Authority Mobility Partnership Committee. 7.4. Amending the City of Gilroy Conflict of Interest Code A motion was made to adopt the resolution. Enactment No.: Resolution No. 2023-28 7.5. Approve Replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician on the Budgeted Position Control List and Adopt a Resolution Updating the Position Control List for FY 23 A motion was made to approve replacing Accounting Technician with Supervising Accounting Technician on the Budgeted Position Control List and adopt a resolution updating the position control list for FY 23. Enactment No.: Resolution No. 2023-29 May 15, 2023 | 6:00 PM Page 4 of 8 City Council Regular Meeting Minutes 7.6. Accept and File Quarterly Cash and Investment Report as of March 31, 2023 A motion was made to accept and file the Quarterly Cash and Investment Report as of March 31, 2023. 7.7. Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 A motion was made to accept the Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481. 7.8. Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program A motion was made to approve the second amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program. 7.9. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds A motion was made to approve the Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds. Enactment No.: Resolution No. 2023-30 7.10. Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission A motion was made to adopt the resolution. Enactment No.: Resolution No. 2023-31 7.11. Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 A motion was made to reject bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277. 7.12. Adoption of an Ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03) A motion was made to adopt the Ordinance. Enactment No.: Ordinance No. 2023-04 7.13. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections 10.A15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks A motion was made to adopt the Ordinance. Enactment No.: Ordinance No. 2023-05 May 15, 2023 | 6:00 PM Page 5 of 8 City Council Regular Meeting Minutes 8. BIDS AND PROPOSALS 8.1. Award of Contract to Hill International to Manage the Design of 21 CIP Projects for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088 with a Project Contingency of $119,912 (~10%) and Approve a Total Project Expenditure of $1,280,000 Public Work 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: Award a contract to Hill International in the amount of $1,160,088 with a project contingency of $119,912 (approximately 10%) for the Capital Improvement Program Project Management Services, Project No. 23-RFP-PW- 476, and authorize the City Administrator to execute the contract and associated documents. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Tom Cline, 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 HEARINGS There were none. 10. UNFINISHED BUSINESS 10.1. Review of the Draft Ordinance Banning the Use of Certain Public Rights-of- way as Sleeping or Living Accommodations Assistant to the City Administrator Atkins provided staff presentation. He, along with Public Works Director Jordan and Police Chief Espinoza, responded to Council Member questions. Mayor Blankley opened Public Comment. Herman Garcia presented data related to the item to the Council. Robert Aguirre presented data related to the item and inquired where will the unhoused go that is affected by the ordinance. Ann Marie McCauley expressed concerns about the actual logistics of moving folks from prohibited areas. Jan Bernstein Chargin voiced opposition to the proposed ordinance. Joseph Robinson voiced opposition to the proposed ordinance. TJ Napihaa expressed concerns about the portion of the ordinance with regard to sleeping. Linda Leighton stated that the proposed ordinance would severely impact May 15, 2023 | 6:00 PM Page 6 of 8 City Council Regular Meeting Minutes her. Michelle Nelson stated she was in support of certain portions of the ordinance. Nuemi Guzman provided data related to the item to the Council and requested Council to focus on affordable housing. Wes White expressed support for additional support to the unhoused. Ron Kirkish expressed support for the proposed ordinance. Tim Davis stated expressed opposition to the proposed ordinance. Araceli Vaquera expressed concerns that no one was talking about the children in relation to the unhoused. There being no further speakers, Mayor Blankley closed Public Comment. Council directed staff to bring the ordinance as is at the next City Council regular meeting. 11. INTRODUCTION OF NEW BUSINESS 11.1. Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project Public Work Director Jordan provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. David Leal was concerned about the work on the sewer line. There being no further speakers, Mayor Blankley closed Public Comment. Council received the report. 11.2. Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program Assistant to the City Administrator Atkins 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 the agreement with Silicon Valley Creates for the “Elevate Gilroy Through the Arts” program with additional verbiage in the Scope of Services to have all projects reviewed by the Arts and Culture Commission. RESULT: Pass MOVER: Carol Marques, Council Member 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 May 15, 2023 | 6:00 PM Page 7 of 8 City Council Regular Meeting Minutes 11.3. Adopt a Resolution Setting the 2023 Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A Deputy Fire Marshal Crick 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 of the City Council of the City of Gilroy setting the 2023 Fireworks Service Fee for impacts on City Fire and Police Services related to the sale and use of safe and sane fireworks pursuant to Gilroy City Code Chapter 10A. 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. 2023-32 12. CITY ADMINISTRATOR'S REPORTS No report was given. 13. CITY ATTORNEY'S REPORTS No report was given. 14. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. The Mayor recessed the City Council at 8:49 PM. The Mayor reconvened the Council to Closed Session at 8:55 PM. The motion to stay in Closed Session was unanimous. 14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8(2) Property: 761 Tatum Ave., Gilroy, CA Negotiator: Jimmy Forbis, City Administrator Other Party to Negotiations: A. Marc Palmer Under Negotiations: Price and Terms of Purchase No reportable action. May 15, 2023 | 6:00 PM Page 8 of 8 City Council Regular Meeting Minutes 15. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session, as shown above. 16. ADJOURNMENT Mayor Blankley adjourned the meeting at 9:03 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 June 5, 2023. Thai Nam Pham, CMC, CPMC City Clerk