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09/11/2023 City Council Regular Meeting (02 - Final Agenda) | Published 09/07/2023 @ 1:38 PM September 11, 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, SEPTEMBER 11, 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. September 11, 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 2.1. Proclamation Proclaiming September 2023 as Childhood Cancer Awareness Month 2.2. Proclamation Proclaiming September 2023 National Preparedness Month 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Presentation to Council – Library Commission September 11, 2023 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda 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 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. CITY COUNCIL TRAINING 4.1. Council Roles and Responsibilities During an Emergency Operation Activation 5. 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 September 11, 2023 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda 6. COUNCIL CORRESPONDENCE 6.1. City Council Member Meeting Attendance 6.2. Receive State-Certified 2023-2031 Housing Element for the City of Gilroy (Note that this is the final, official version of the Housing Element that was approved on May 1, 2023) 6.3. Letter from City of Gilroy Open Government Commission 7. FUTURE COUNCIL INITIATED AGENDA ITEMS 8. 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. 8.1. Approval of the Action Minutes of the August 21, 2023 City Council Regular Meeting 8.2. A Resolution of the City Council of the City of Gilroy to Release Unclaimed Checks to the City's General Fund in accordance with California Government Code Section 50053 8.3. A Resolution of the City Council of the City of Gilroy Updating the Appropriation Limit for Fiscal Year 2023-24 8.4. Approving the 2024 City Council Meeting Schedule 8.5. Adoption 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 8.6. Approval of City Council Members' Travel for the League of California Cities Conference 8.7. Claim of Rita Castro (The City Administrator Recommends a 'Yes' Vote Under the Consent Calendar Shall Constitute a Denial of the Claim) 9. BIDS AND PROPOSALS (NONE) 10. PUBLIC HEARINGS 10.1. Proposed Tentative Map for a three-lot subdivision at 7040 Church Street, Application No. TM 22-03 1. Disclosure of Ex-Parte Communications 2. Staff Report: Sharon Goei, Community Development Director 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Staff has analyzed the proposed project and recommends the following: a) That the City Council, based on its independent analysis, determines that the proposed Tentative Map is exempt from further environmental review September 11, 2023 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda 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 necessary services and access to the resulting parcels are available; and b) Adopt a resolution to approve the proposed tentative map to divide the property, known as 7040 Church Street, APN 799-11-068, into three residential parcels. 11. UNFINISHED BUSINESS (NONE) 12. INTRODUCTION OF NEW BUSINESS 12.1. Gilroy Garlic Festival Memorial Repairs/Upgrades 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council receive report and provide feedback as appropriate. 13. CITY ADMINISTRATOR'S REPORTS 13.1. Love Gilroy/Fight Dirty Campaign Update 13.2. Gilroy Cares – Employee Wellness Program 13.3. Update on Sidewalk Vending Enforcement Program 14. CITY ATTORNEY'S REPORTS 15. CLOSED SESSION 15.1. THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code section 54957; Gilroy City Code Chapter 17A Consultation with Gilroy Police Department and Chief Espinoza Gilroy City Code Section 17A.11(1) 16. ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e). 17. ADJOURNMENT September 11, 2023 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda FUTURE MEETING DATES September 2023 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 Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.