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08/21/2023 City Council Regular Meeting Adopted 09/11/2023 Page 1 of 7 City of Gilroy City Council Regular Meeting Minutes Monday, August 21, 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 Pastor Trevor Van Laar from Gilroy Presbyterian Church led 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 Mayor Blankley requested that Agenda Item 12.1 be done after 1.6. The request received unanimous support. 12. CITY ADMINISTRATOR'S REPORTS 12.1. Gilroy 2023-2031 Housing Element Update City Administrator Forbis and Community Development Director Goei reported that the state approved the City’s Housing Element Update. 1.7. Employee Introductions Police Chief introduced the following new employees to Council: • Sandra Quintanar, Police Records Technician • Neil Garrett, Detention Services Officer • Officer Antonio Gomez • Officer Brett Batey Finance Director Sangha introduced newly promoted Accountant Erika Pacheco August 21, 2023 | 6:00 PM Page 2 of 7 City Council Regular Meeting Minutes and newly hired Kellie Ullom to Council. Interim Public Works Director Bjarke introduced the following new employees to Council: • Salvatore Russo, Maintenance Worker – Parks and Landscapes • Everardo Gallegos, Maintenance Worker – Parks and Landscapes • John Sousa, Supervisor – Parks and Landscapes 2. CEREMONIAL ITEMS - Proclamations and Awards There were none. 3. PRESENTATIONS TO THE COUNCIL 3.1. Presentation from the League of California Cities Seth Miller, Regional Public Affairs Manager from League of California Cities, provided his presentation. 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 on items that were not on the agenda. Robert Zepeda expressed concerns about the recent events in Hawaii, highlighting the suspicious circumstances surrounding fires and the significant investments in Hawaiian Electric, and emphasized skepticism towards potential new COVID-19 mandates and restrictions. Ron Kirkish addressed concerns about an individual spreading false information and targeting elected officials on local mass media platforms, emphasizing his ongoing efforts to address the situation. There being no further 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 on Gilroy Gardens Board of Directors. Council Member Hilton reported on VTA Policy Advisory Committee and Silicon Clean Energy Authority JPA Board. Council Member Cline had no report. Council Member Tovar reported on South County Youth Task Force Policy Team and attended the “Fill the Boot Maui” fundraiser at the Gilroy Premium Outlets on August 19, 2023. Mayor Blankley reported on South County Youth Task Force Policy Team, the cancellation of a VTA Administration and Finance Committee meeting, a potential position on Senator Wiener's Bill SB 532, the introduction of a fourth weekday Caltrain from Gilroy, and state funding for a battery-equipped electric train pilot program on non-electrified tracks. 5. COUNCIL CORRESPONDENCE August 21, 2023 | 6:00 PM Page 3 of 7 City Council Regular Meeting Minutes There were none. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. 7. CONSENT CALENDAR Council Member Marques requested to pull Agenda Item 7.5 from the Consent Calendar. Mayor Blankley opened Public Comment for items not pulled out of the agenda. There being no speakers, Mayor Blankley closed Public Comment. Motion: Adopt Consent Calendar Items 7.1 through 7.4. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore 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 7.1. Approval of the Action Minutes of the August 7, 2023 City Council Regular Meeting A motion was made to approve the action minutes. 7.2. Accept and File Quarterly Cash and Investment Report as of June 30, 2023 A motion was made to accept and file the Quarterly Cash and Investment Report. 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 A motion was made to approve 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 A motion was made to adopt a resolution to approve the application to receive grant funds from the California Youth Community Access Grant Program. Enactment No.: Resolution No. 2023-48 7.5. Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code Council discussion ensued about the proposed item. Special Assistant to City Administration Biggs responded to Council Member questions. Mayor Blankley opened Public Comment. August 21, 2023 | 6:00 PM Page 4 of 7 City Council Regular Meeting Minutes Rocio Rojas expressed concerns about the city's response to complaints regarding street vendors, emphasizing the need for proper investigation before action and questioning the protocol once vendor licenses are approved. There being no further speakers, Mayor Blankley closed Public Comment. Motion: Adopt the Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code. RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Marie Blankley, Mayor AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley Enactment No.: Ordinance No. 2023-08 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 Interim Public Works Director Bjarke 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 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 authorize the City Administrator to execute the contract and associated documents. RESULT: Pass MOVER: Rebeca Armendariz, 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 9. PUBLIC HEARINGS There were none. 10. UNFINISHED BUSINESS 10.1. Selection and Appointment of Youth Commission Members Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. August 21, 2023 | 6:00 PM Page 5 of 7 City Council Regular Meeting Minutes Council appointed the following individuals to the Youth Commission: • Lavander Hwang to a seat starting on October 1, 2023, and expiring September 30, 2025; • Aiden Francis to a seat starting on October 1, 2023, and expiring September 30, 2025; • Crystal Garcia Pablo to a seat starting on August 21, 2023 and expiring September 30, 2025; • Maya Beyret to a seat starting on August 21, 2023, and expiring September 30, 2025; • Saed Mustafa to a seat starting on August 21, 2023, and expiring September 30, 2025; and • Thamay Sarath to a seat starting on August 21, 2023, and expiring September 30, 2024 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 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: Read the ordinance by title only and waive further reading of the ordinance. 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 City Clerk Pham read aloud the title of the ordinance. Motion: 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. RESULT: Pass MOVER: Tom Cline, 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 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 August 21, 2023 | 6:00 PM Page 6 of 7 City Council Regular Meeting Minutes to Adopt Water and Wastewater Rates Finance Director Sangha provided staff presentation and responded to Council Member questions. Public Comment was opened by Mayor Blankley and closed due to no speakers. Motion: Receive the report and adopt the resolution declaring intent to adjust water and wastewater rates, commencing the Proposition 218 noticing process, and setting October 16, 2023, as the date for the Public Hearing to adopt the new proposed water and wastewater rates. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Marie Blankley, Mayor 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. 2023-49 11.2. Extension of Temporary Outdoor Dining Program Community Development Director Goei provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Sammy Trujillo spoke in support of the resolution. Jose Montes spoke in support of the resolution. There being no further speakers, Mayor Blankley closed Public Comment. Motion: Adopt the Resolution. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Zach Hilton, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: Council Member Cline Enactment No.: Resolution No.: 2023-50 11.3. Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project Finance Director Sangha provided staff presentation and responded to Council Member questions. Public Comment was opened by Mayor Blankley and closed due to no speakers. Motion: Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project (the August 21, 2023 | 6:00 PM Page 7 of 7 City Council Regular Meeting Minutes “Project”). RESULT: Pass MOVER: Tom Cline, 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 Enactment No.: Resolution No. 2023-51 12. CITY ADMINISTRATOR'S REPORTS 12.1. Gilroy 2023-2031 Housing Element Update The item was reported earlier. 12.2. Santa Teresa Interim Fire Station Update Fire Chief Wyatt provided a report on this item and responded to Council Member questions. 13. CITY ATTORNEY'S REPORTS City Attorney Faber provided a brief report and responded to Council Member questions. 14. ADJOURNMENT Mayor Blankley adjourned the meeting at 8:29 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 September 11, 2023. Thai Nam Pham, MMC, CPMC City Clerk