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08/21/2023 City Council Regular Meeting (02 - Final Agenda) August 21, 2023 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda CITY COUNCIL REGULAR MEETING AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 MONDAY, AUGUST 21, 2023 | 6:00 PM 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 PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion. Send written comments on any agenda item to publiccomment@cityofgilroy.org or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available at 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 assistance, contact the City Clerk’s Office 72 hours before the meeting at (408) 846-0204 or cityclerk@cityofgilroy.org. If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing. Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure. During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City. Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible. 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. August 21, 2023 | 6:00 PM Page 2 of 6 City Council Regular Meeting Agenda 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 translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or 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. Accessing Meeting Translations | Accediendo a las Traducciones de la Reunión 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. Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo. The agenda for this meeting is outlined 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 (NONE) 3. PRESENTATIONS TO THE COUNCIL 3.1. Presentation from the League of California Cities 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 part of the meeting allows public address on non-agenda topics within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended discussions or actions on non-agenda items are restricted by law. For Council August 21, 2023 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda action, the topic may be listed on a future agenda. Email written comments on non-agenda topics to publiccomment@cityofgilroy.org or mail to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 pm on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials, but electronic submissions are unlimited. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA Council Member Armendariz – Downtown Committee, 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, Downtown Committee, 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 (alternate), 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, VTA Mobility Partnership Committee Council Member Tovar – Downtown Committee, Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Downtown Committee, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Committee, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership Committee 5. COUNCIL CORRESPONDENCE (NONE) 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. CONSENT CALENDAR Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order. 7.1. Approval of the Action Minutes of the August 7, 2023 City Council Regular Meeting August 21, 2023 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda 7.2. Accept and File Quarterly Cash and Investment Report as of June 30, 2023 7.3. Approval of the Annual Evaluation Report for the Santa Clara County Multi- Jurisdictional Program for Public Information Associated with the Community Rating System of the National Flood Insurance Program 7.4. Authorization to Approve Application to Receive Grant Funds from the California Youth Community Access Grant Program 7.5. Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code 8. BIDS AND PROPOSALS 8.1. Award of Contract to Perkins & Will for the Preparation of 'Basis of Design' Documents for the Gilroy Ice Center and Approve a Contract Expenditure of $275,000 1. Staff Report: Karl Bjarke, Interim Public Works Director 2. Public Comment 3. Possible Action: a) Award a contract to Perkins & Will in the amount of $250,000 and approve an additional project contingency of $25,000 (10%) for a total amount of $275,000 for the preparation of ‘Basis of Design’ documents related to the Gilroy Ice Center project; and b) Authorize the City Administrator to execute the contract and associated documents. 9. PUBLIC HEARINGS (NONE) 10. UNFINISHED BUSINESS 10.1. Selection and Appointment of Youth Commission Members 1. Staff Report: Thai Nam Pham, City Clerk 2. Public Comment 3. Possible Action: Review the applications and interviews from the candidates and proceed with the formal appointment of suitable candidates to the vacant positions within the Youth Commission. 10.2. Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code to Modify the Regular Meeting Schedule of the City Council 1. Staff Report: Thai Nam Pham, City Clerk 2. Public Comment 3. Possible Action: 1. Motion to read the ordinance by title only and waive further reading of the ordinance; and August 21, 2023 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda 2. Introduce an ordinance of the City Council of the City of Gilroy amending Chapter 2 relating to the Regular Meeting Schedule of the City Council. 11. INTRODUCTION OF NEW BUSINESS 11.1. Presentation of the Comprehensive Water and Wastewater Utilities Rate Study; Adoption of a Resolution Commencing the Proposition 218 Noticing Process, and Setting October 16, 2023, as the Date for the Public Hearing to Adopt Water and Wastewater Rates 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: a) Receive report; and b) Adopt a resolution: 1. Declaring intent to adjust water and wastewater rates; 2. Commencing the Proposition 218 noticing process; and 3. Setting October 16, 2023, as the date for the Public Hearing to adopt the new proposed water and wastewater rates. 11.2. Extension of Temporary Outdoor Dining Program 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Adopt a resolution extending the temporary outdoor dining program through December 31, 2023. 11.3. Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project (the “Project”). 12. CITY ADMINISTRATOR'S REPORTS 12.1. Gilroy 2023-2031 Housing Element Update 12.2. Santa Teresa Interim Fire Station Update 13. CITY ATTORNEY'S REPORTS 14. ADJOURNMENT August 21, 2023 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda FUTURE MEETING DATES September 2023 11 Regular Meeting - 6:00 p.m 18 Regular Meeting - 6:00 p.m October 2023 2 Regular Meeting - 6:00 p.m 16 Regular Meeting - 6:00 p.m November 2023 6 Regular Meeting - 6:00 p.m 20 Regular Meeting - 6:00 p.m December 2023 4 Regular Meeting - 6:00 p.m 11 Special Meeting - 6:00 p.m 18 Regular Meeting - 6:00 p.m -CANCELED- Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.