07/10/2023 City Council Special Meeting Adopted 08/07/2023
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City of Gilroy
City Council Special Meeting Minutes
Monday, July 10, 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 Bracco led the Pledge of Allegiance.
1.3. Invocation
There was 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
Absent None 1.6. Orders of the Day
There were none.
1.7. Employee Introductions
City Administrator Forbis introduced Management Analyst (Grants) Cheryl
Ellemberg.
Police Chief Espinoza introduced Police Officer Don Tong.
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1. Retirement Proclamation – Gilroy Golf Course General Manager Don
DeLorenzo
Mayor Blankley read aloud the proclamation and presented it to General
Manager Don DeLorenzo.
2.2. Retirement Proclamation – Police Sergeant John Ballard
Mayor Blankley read aloud the proclamation and presented it to John Ballard.
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Special 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. There being no speakers, Mayor
Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had no report.
Council Member Armendariz had no report.
Council Member Marques reported Gilroy Gardens Board of Directors and praised the City’s
4th of July fireworks show.
Council Member Hilton attended the swearing-in ceremony of Assembly Member
Rodriguez, thanked County Supervisor Arenas, commended the South County Youth Task
Force for their focus on youth gun violence, and announced that the City will receive
$350,000 for the Gateway Senior Apartment Pedestrian Crossing from the recently adopted
FY 23-24 state budget.
Council Member Cline reported on Visit Gilroy California Welcome Center Board.
Council Member Tovar had no report.
Mayor Blankley announced the completion of the CalTrain survey and briefly mentioned a
trip to Angra do Heroísmo. Additionally, the Mayor informed the public about two upcoming
events by the South County Youth Task Force: Party at the Park on July 22nd and National
Night Out on August 1st.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested a discussion on reopening the Wayland Parking Lot at
Las Animas Park for the community. The item received majority support.
7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed
Public Comment.
Motion: Adopt the Consent Calendar.
RESULT: Pass
MOVER: Fred Tovar, 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
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Special Meeting Minutes
7.1. Approval of the Action Minutes of the June 19, 2023 City Council Regular
Meeting
A motion was made to approve the minutes.
7.2. Approve Amendments to Gilroy Youth Commission Bylaws
A motion was made to approve the Gilroy Youth Commission Bylaws
amendments.
7.3. Claim of Maria Salinas (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
7.4. Claim of David Humberto Garcia Mejia (The City Administrator
recommends a "yes" vote under the Consent Calendar shall constitute
denial of the claim)
A motion was made to deny the claim.
7.5. Claim of Eliseo Ramirez Pacheco (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
7.6. Claim of Ameera Kleder Barnes (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
7.7. Claim of Rosaura Aguilar (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
7.8. Claim of Karen Clinton (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
7.9. Claim of Sandra Lopez (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny the claim.
8. BIDS AND PROPOSALS
There were none.
9. PUBLIC HEARINGS
9.1. Introduction and First Reading of an Ordinance Adding Chapter 16B,
Sidewalk Vending, to the Gilroy City Code
Special Assistant to City Administration Biggs provided staff presentation and
responded to Council Member questions.
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Mayor Blankley opened the Public Hearing at 7:14 PM.
David Leal expressed concerns about the state of the historic downtown,
highlighting the need for improvements, safety, and cleanliness to attract
visitors and support the city's investments.
Mercedes Little emphasized the need for the proper distance between
business and sidewalk vendors to ensure accessibility and safety and
specific requirements to prevent illegal business operations and protect
children from risks such as child trafficking.
Armando Recardez, director of the Mesa Redonda Roundtable program,
highlighted the success and potential of street food vendors as viable
businesses, emphasizing their commitment to obtaining certifications and
contributing to the city's tax revenue while expressing readiness to bring
their program to Gilroy with funding support.
Gary Walton commended the city for taking action on the issue but
expressed concerns about liability, safety, and the distinction between
street vendors and outdoor restaurants, emphasizing the need for
objective standards in the proposed ordinance and further discussions
with property owners, business owners, and the fire department to find a
solution that benefits everyone and ensures safe egress in emergencies.
Ron Kirkish raised the question of priorities and emphasized the need to
consider what is best for the city, particularly in terms of downtown
improvement and supporting business owners who have invested
significant amounts of money. He encouraged the council to take a
broader perspective and make decisions that align with the desired vision
for the downtown area.
There being no further speakers, Mayor Blankley closed the Public Hearing at
7:28 PM.
Council engaged in a discussion regarding the proposed ordinance and provided
specific instructions to staff for changes:
• In 16B.3(a)(20), the ordinance should list the actual distance.
• In 16B.3(a)(2), change "service animal" to "leashed animal."
• In 16B.6(b)(6), include language regarding workers' compensation
requirements.
• In 16B.3(a)(8), add the stipulation of "no generators or smoke within a
certain distance of outdoor restaurant dining” and “be compliance with the
California Air Resource Board.”
• In 16B.3(a)(7), include language stating that signage should not exceed
the size affixed to it and comply with ADA standards.
Council also requested staff to provide reports on the reporting structure and
implementation of the proposed ordinance once it becomes effective. City
Administrator Forbis committed to working with Council to schedule a study
session in July to obtain further direction and planned to return the item for a first
reading on August 7th.
The item was continued to the August 7, 2023 City Council Regular Meeting.
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10. UNFINISHED BUSINESS
10.1. Annual Appointments to City Boards, Commissions, and Committees With
Seats Vacant or Expired as of June 19, 2023
City Clerk Pham provided a brief report to Council.
Council appointed Terence Fugazzi to the Planning Commission with a term
expiring on December 31, 2023 and Kortney Hodge to the Parks and Recreation
Commission with a term expiring on December 31, 2023.
11. INTRODUCTION OF NEW BUSINESS
11.1. Council Direction Concerning the City's Ongoing Membership in the Cities
Association of Santa Clara County
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.
Consensus was reached among the Council to no longer participate with the
Cities Association of Santa Clara County.
11.2. Selection of Voting Delegate for the League of California Cities 2023
Annual Conference
City Clerk Pham provided staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Council appointed Council Member Tovar as the voting designate on behalf of
the City, with Mayor Blankley as the alternate voting delegate.
11.3. Consent of the Appointment of Karl Bjarke as Interim Public Works
Director (Retired Annuitant) Effective July 11, 2023 and Adoption of a
Resolution of the City Council of the City of Gilroy Approving the
Appointment and Employment Agreement
Human Resources Director McPhillips provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Motion: Consent of the City Administrator's recommendation to appoint
Karl Bjarke as Interim Public Works Director (as a retired annuitant)
effective July 11, 2023 and adopt a Resolution of the City Council of the
City of Gilroy approving the appointment of Karl Bjarke as Interim Public
Works Director (Retired Annuitant) pursuant to California Government
Code Section 21221(h) and authorizing the City Administrator to execute
the employment agreement.
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RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
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
12. CITY ADMINISTRATOR'S REPORTS
12.1. Visit to Gilroy Sister City Angra do Heroismo
City Administrator Forbis provided a brief report and responded to Council Member
questions.
13. CITY ATTORNEY'S REPORTS
There were none.
14. ADJOURNMENT
Mayor Blankley adjourned the Meeting at 8:21 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 August 7, 2023.
Thai Nam Pham, CMC, CPMC
City Clerk