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11/20/2023 City Council Regular Meeting Adopted 12/04/2023 Page 1 of 8 City of Gilroy City Council Regular Meeting Minutes Monday, November 20, 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 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 Introductions City Administrator Forbis introduced Economic Development Manager Victoria Valencia. Finance Director Sangha introduced Financial Analyst Katty Alvarez. Police Chief Espinoza introduced Police Officer Mauricio Rodriguez. 2. CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Proclaiming November 25, 2023 as Small Business Saturday Mayor Blankley read aloud the proclamation and presented it to Gilroy Chamber of Commerce CEO Jane Howard. 2.2. Receive Proclamation from Gilroy Sister City Takko Machi, Japan Dave Peoples from the Gilroy Sister Cities Association presented the proclamation to the Council. November 20, 2023 | 6:00 PM Page 2 of 8 City Council Regular Meeting Minutes 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Presentation by the Planning Commission Planning Commission Chair Bhandal provided the annual presentation and responded to Council Member questions. 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: Donald Perino raised questions about the practicality and cost of electric vehicles versus hydrogen or hybrid options and mentioned a surprising utility bill issue after decades of on-time payments. Ron Kirkish approved a court decision absolving the City from the Garlic Festival damages, hopeful for lower future insurance costs, and voiced concerns about the risks of hybrid meetings. Gregory Felios commended the council's anti-hate stance and spoke on fostering unity and education through recent community events involving various local organizations. No further speakers were present, Mayor Blankley closed Public Comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Armendariz had nothing to report. Council Member Marques reported on Santa Clara Valley Habitat Agency Implementation Board. Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board. Council Member Cline had no report. Council Member Tovar reported on community engagement activities, including the Veterans Parade and an upcoming Christmas Parade, Downtown Committee, efforts to foster educational partnerships, and proactive initiatives to attract new businesses to Gilroy. Mayor Blankley on CalTrain Policy Group, South County Youth Task Force, Sister Cities Association, and VTA Board of Directors. 5. COUNCIL CORRESPONDENCE There were none. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Armendariz requested to agendize a discussion of a resolution recognizing child care as a critical service, often provided by small business owners from their homes. The proposal received majority support. November 20, 2023 | 6:00 PM Page 3 of 8 City Council Regular Meeting Minutes 7. CONSENT CALENDAR Council Member Cline requested Consent Calendar Item 7.3 from the Consent Calendar. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Approve the Consent Calendar Items 7.1, 7.2, and 7.4. 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 NAYS: None ABSENT: None 7.1. Approval of the Action Minutes of the November 6, 2023 City Council Regular Meeting A motion was made to approve the minutes. 7.2. Accept and File Quarterly Cash and Investment Report as of September 30, 2023 A motion was made to accept and file the Quarterly Cash and Investment Report. 7.3. Commemorative Flag Application Review and Approval for Calendar Year 2024 The item was pulled out of the Consent Calendar for further discussion. 7.4. Adoption of an Ordinance Amending Chapters 17A and 24 of the Gilroy City Code in Compliance with the California Public Records Act (CPRA) Recodification Act (AB 473) A motion was made to adopt the Ordinance. Enactment No.: Ordinance No. 2023-10 7.3. Commemorative Flag Application Review and Approval for Calendar Year 2024 Mayor Blankley opened Public Comment. Ron Kirkish expressed opposition to the item, citing concerns about the LGBTQ community's alleged support for Hamas, which he characterized as a terrorist organization, and questioning the appropriateness of flying a flag that he perceives as supportive of terrorism. Enactment No.: Resolution No. 2023-64 November 20, 2023 | 6:00 PM Page 4 of 8 City Council Regular Meeting Minutes Motion: Approve the flag application for Calendar Year 2024. RESULT: Pass MOVER: Zach Hilton, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Council Member Armendariz, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: Mayor Pro Tempore Bracco, Council Member Cline ABSENT: None 8. BIDS AND PROPOSALS 8.1. Purchase of Four Dodge Durango Police Pursuit Vehicles Via Alameda County Tag-On Bid Process (Master Contract No. 902035) in the Amount of $229,002.04 Administrative Services and 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: Approve the Purchase of Four (4) Dodge Durango Police Pursuit Vehicles in the Amount of $229,002.04 from MY Jeep-Chrysler-Dodge-Ram Utilizing Alameda County Tag-On Bid Process and Authorize the City Administrator to Execute All Necessary Purchase Documents and adopt a budget amendment resolution to re-appropriate the budget for the planned police pursuit vehicle purchases from fiscal year 2024-2025 (FY25) to fiscal year 2023-2024 (FY24). 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 NAYS: None ABSENT: None Enactment No.: Resolution No. 2023-65 9. PUBLIC HEARINGS 9.1. Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Chapter 30, Article LIV of the Gilroy City Code Relating to Accessory Dwelling Units (Z 23-05) Planner II Freitas provided staff presentation and responded to Council Member questions. November 20, 2023 | 6:00 PM Page 5 of 8 City Council Regular Meeting Minutes Mayor Blankley opened the Public Hearing at 7:03 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 7:03 PM. Motion: Read the ordinance by title only and waive further reading of the ordinance. RESULT: Pass MOVER: Tom Cline, Council Member 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 NAYS: None ABSENT: None 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 30, Article LIV of the Gilroy City Code relating to accessory dwelling units and find that it is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15282(h) for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Section 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code with the modification of section 30.54.20(c) from "sign an affidavit" to "record a deed restriction." RESULT: Pass MOVER: Marie Blankley, Mayor 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 NAYS: None ABSENT: None 10. UNFINISHED BUSINESS There were none. 11. INTRODUCTION OF NEW BUSINESS 11.1. Renaming the Downtown Pop-Up Park and Installing a Plaque in Honor of Donald “Elvis” Prieto 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 November 20, 2023 | 6:00 PM Page 6 of 8 City Council Regular Meeting Minutes Blankley closed Public Comment. Motion: Approve naming the Downtown Pop-Up Park the Donald “Elvis” Prieto Park and the installation of a privately funded memorial plaque. 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 NAYS: None ABSENT: None 11.2. Santa Teresa Fire District Station Update City Administrator Forbis provided staff presentation. He, Human Resources Director McPhillips, and Fire Chief Wyatt responded to Council Member questions. Mayor Blankley opened Public Comment. Frank Saiz highlighted the urgency of addressing fire safety issues in his neighborhood, which has been affected by prolonged studies since 2005. He acknowledged the strain of overtime and sick leave on firefighters across California. Steven Hayes discussed challenges like increased sick and overtime leave due to injuries and high work demands, over-staffing during emergencies, equipment issues, and the strain caused by increased call volume. Chris Ingram urged collaboration with local firefighters to address staffing shortages and open the fourth fire station, emphasizing the importance of quick response times in emergencies. Jeff MacPhail advocated for increasing firefighter staffing to ensure consistent, equitable city services and highlighted the commitment of Gilroy firefighters to the community. Justin Santos highlighted the strain of mandatory overtime on Gilroy firefighters and urged the City Council to engage in dialogue with the firefighters' union to address staffing and budget challenges. Joe Andrews emphasized the need to increase firefighter staffing, fully open a fire station for better community and firefighter safety, and enhance Gilroy's role in the statewide mutual aid plan. Ron Kirkish discussed witnessing local fires, suggested additional revenue sources for public services, and emphasized the importance of funding beyond politics. Marty Estrada advocated for a youth center in Gilroy, suggested an audit for firefighters' staffing issues, and recommended exploring federal grants for funding. November 20, 2023 | 6:00 PM Page 7 of 8 City Council Regular Meeting Minutes Former Gilroy Fire Chief Jeff Clet discussed the city's awareness of the need for additional fire stations and resources, highlighting past and current efforts to address these needs. Saul Gonzalez expressed support for funding the new fire station and emphasized the importance of including youth services in public safety measures. Jeff UnaDia shared a personal experience about delayed response times leading to a child's death, highlighting the importance of timely emergency services and questioning the value placed on human life. There being no further speakers, Mayor Blankley closed Public Comment. A motion was made by Mayor Blankley, seconded by Council Member Marques, to direct staff to come back to Council with all suggestions provided in the staff report and for the Council to continue receiving regular reports from staff regarding firefighter staffing. Council Member Hilton provided a substitute motion to Mayor Blankley’s original motion. Substitute Motion: Include all elements of Mayor Blankley’s original motion and direct Staff to explore and report back to the Council on the possibility of reopening negotiations on the Memorandum of Understanding. RESULT: Pass MOVER: Zachary Hilton, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Council Member Armendariz, Council Member Cline, Council Member Hilton, Council Member Tovar NAYS: Mayor Pro Tempore Bracco, Council Member Marques, Mayor Blankley ABSENT: None 12. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis provided the report. 13. CITY ATTORNEY'S REPORTS There were none. 14. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Mayor Blankley recessed the Regular Meeting at 9:05 PM. The City Council reconvened into Closed Session at 9:10 PM. The vote to stay in Closed Session was unanimous. November 20, 2023 | 6:00 PM Page 8 of 8 City Council Regular Meeting Minutes 14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: City-Owned 536 Acres at Hecker Pass (Including Gilroy Gardens Theme Park), 3050 Hecker Pass Highway, Gilroy, CA (APN’s: 810-17-024, 810-17-026, 810-17-029, 810-17- 030, 810-17-031, 810-18-002, 810-18-013, 810-19-005, 810-19-007, 810-19- 010, 810-19-011, 810-19-014) Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager Other Party to Negotiations: Paul Nakamoto, Bay.Org (DBA Aquarium of the Bay/Bay Ecotarium) Under Negotiations: Price and terms of payment for sale or lease. No reportable Action 15.ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 16.ADJOURNMENT Mayor Blankley adjourned the meeting at 9:23 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 December 4, 2023. Thai Nam Pham, MMC, CPMC City Clerk