01/08/2024 City Council Regular Meeting
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City of Gilroy
City Council Regular Meeting Minutes
Monday, January 8, 2024 | 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
Mayor Blankley 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, Council Member
Tom Cline, Council Member
Carol Marques, Mayor Pro Tempore
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent Zach Hilton, Council Member 1.6. Orders of the Day
There were none.
1.7. Employee Introductions
Police Chief Espinoza introduced Police Officer Virginia Valencia.
2. CEREMONIAL ITEMS - Proclamations and Awards
There were none.
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. The following speakers spoke on
items that were not on the agenda:
Donald Perino expressed concerns about various community issues,
including the treatment of his 15-year-old cat, problems with neighbors
and wildlife, local airport operations, and the impact of a pipeline project
on regional water resources.
Ron Kirkish addressed the council, highlighting the repeated absence of
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Regular Meeting Minutes
Council Member Hilton, noting this was his 20th absence in three years,
including the first meeting of 2024
Tom Miller discussed his personal history in Gilroy and his efforts to
revitalize the downtown area, focusing on his initiative to introduce
parklets, highlighting their community-building potential and the extensive
process he underwent to establish a fully permitted parklet.
Ruth Garcia advocated for equitable treatment of parklets in Gilroy,
emphasizing the need for consistent rules and fair consideration for all,
and offered assistance in communicating the concerns of another local
business owner.
Teo Castillo emphasized the vital role of the parklet for her business's
survival amid pandemic and recession challenges, and expressed
gratitude for the opportunity to present her case to the council.
Evelyn Hudson advocated for the parklet program, questioning the
fairness of requiring a business owner to dismantle an already
established parklet while the city deliberates on parklet policies,
especially considering the financial and social importance of such spaces
during the pandemic.
Sammy Trujillo expressed disappointment in the recent council vote on
parklets and urged the council to adopt a parklet program that supports
business growth and creates a vibrant, diverse downtown area conducive
to outdoor dining and community engagement.
Albert Moran spoke in support of Station 55, emphasizing the importance
of al fresco dining in creating a sense of community and family
togetherness, advocating for more such spaces in Gilroy to enhance the
dining experience and retain local tax dollars.
Parke M. Fox expressed confusion and concern over the council's
consideration to remove parklets, emphasizing the challenges they pose
to people with injuries, the elderly, and the handicapped, particularly at
establishments like Station 55 which are not at ground level and require
steps or ramps for access.
Mike Montuy emphasized the importance of parklets like Station 55's for
providing a safer outdoor dining option amidst the ongoing Covid-19
pandemic, highlighting the choice it offers to avoid crowded indoor spaces
and reduce the risk of contamination.
Robert Zepeda raised concerns about the state's approval of using
treated sewer water in tap water, its implications for Santa Clara County,
and criticized the broader approach to climate change, questioning the
effectiveness of electric cars, solar panels, and wind turbines due to their
reliance on fossil fuels, and warned of potential health risks, including E.
coli, from tap water consumption.
Andrea Hightower advocated for the support of small businesses and the
preservation of parklets like Station 55's, emphasizing their importance
for families with disabled members by providing accessible outdoor
spaces, aligning with Gilroy's 2030 vision for increased ADA compliance
and community inclusion.
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Ana Mendoza urged the council to retain Station 55's parklet,
emphasizing equality and the challenges faced by the business owner,
while calling for community-focused decision-making.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Members Bracco, Armendariz, Marques, Cline, Tovar had no report.
Mayor Blankley reported on SCWRA, the Santa Clara Valley Water Joint Water Resources
Committee, and the Gilroy Sister Cities Association.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Armendariz requested the council to re-agendize the issue of parklets,
specifically focusing on the parklet at Station 55, in response to the public interest and
community requests on the matter. Mayor Blankley informed Council Member Armendariz
that the issue concerning parklets and discussions with businesses, as directed in their last
meeting, is already scheduled to be addressed in the upcoming meeting.
7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed
Public Comment.
Motion: Approve the Consent Calendar.
RESULT: Pass
MOVER: Dion Bracco, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council Member
Cline, Mayor Pro Tempore Marques, Council Member Tovar, Mayor
Blankley
NOES: None
ABSTAIN: None
ABSENT: Council Member Hilton
7.1. Approval of the Action Minutes of the December 11, 2023 City Council
Special Meeting
A motion was made to approve the minutes.
7.2. Acceptance of the Annual Development Impact Fee Report for Fiscal Year
2022-2023 as Required under Government Code 66000
A motion was made to accept the Annual Development Impact Fee Report.
7.3. Approval of a First Amendment to the Agreement with Circlepoint, Inc. in
the amount of $32,252 for the Preparation of an Environmental Impact
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Report (EIR) for the Gilroy Data Center Project
A motion was made to approve a first amendment agreement with Circlepoint,
Inc.
7.4. Adoption of the Council Modified Resolution in Support of “Build the
Future” (Childcare)
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2024-01
8. BIDS AND PROPOSALS
There were none.
9. PUBLIC HEARINGS
There were none.
10. UNFINISHED BUSINESS
10.1. Annual Appointments to City Boards, Commissions, and Committees with
Seats Vacant or Expired as of December 31, 2023
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Council made the following appointments:
Amy Hufford to the Arts and Culture Commission with a term expiring
12/31/2025.
No appointments were made to the Library Commission.
Salvatore Bozzo and Theresa Graham to the Parks and Recreation
Commission with terms expiring on 12/31/2027.
Stefanie Elle and Monica Valdez to Planning Commission the Planning
Commission with terms expiring 12/31/2027.
No appointments were made to the Open Government Commission.
Emily Lai, Biruh Abaneh, and Gianna Garcia to the Youth Commission
with terms expiring 9/30/2025.
11. INTRODUCTION OF NEW BUSINESS
11.1. City of Gilroy Donation and Fundraising Policy
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
Blankley closed Public Comment.
Council directed staff to revise and return with the City of Gilroy Donation and
Fundraising Policy for further review and potential adoption. The changes
include the following:
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• Unsolicited Donations Section
o 1(i) - tie the recognition appropriate to the level of the
donation as referenced in Section 2(b) and 2(c)
• Costs, Accounting and Record Keeping Section
o Add an item No. 5 that requires a donation of $5,000 or
more to be reported to the City Council when it occurs
• Sponsorship Agreements
o Similar to Unsolicited Donations, tie in a reference to
Section 2(b) and 2(c) for the dollar amount to determine which
level of authority selects a sponsor
• Other Donations or Contributions
o 2) Works of Art – insert that the recommendation of the Arts
and Culture Commission is to the City Council
• Disclaimers and Miscellany
o 7) Add elected officials and appointees after staff for the
requirement to maintain the highest standard of ethics in
fundraising activities
• Purpose
• Change “one of its commissions, committees, or boards” to
list only the Arts and Culture Commission and the Parks and
Recreation Commission in addition to the City
11.2. City Council Downtown Committee (Part 1) - Subcommittee Reports and
Recommendations – Plywood Removal and Vacancy Ordinances
Downtown Subcommittee on Plywood Removal provided their presentation to
Council and responded to Council Member questions.
Downtown Subcommittee on Vacancy Ordinances provided the presentation to
Council and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Jeanie Rizzuto inquired about the potential citywide application of the
plywood removal and vacancy ordinance, the rationale behind the $1,500
annual monitoring fee, concerns about publicizing property owner details,
and the possibility of city assistance for business owners in maintaining or
renting their properties.
There being no further speakers, Mayor Blankley closed Public Comment.
Council directed staff to draft ordinances incorporating the Downtown Standing
Committee's recommendations for managing plywood-covered storefronts and
prolonged vacancies in downtown, including enforcing aesthetic standards for
vacant properties and implementing fines and a vacancy tax for non-compliance.
11.3. Police Department Axon Program and Community Survey Update
Police Captain Rocha provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Ron Kirkish expressed concern about the outdated calculation of police
staffing levels in Gilroy, which haven't been reevaluated since 1986
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despite significant population growth and advocated for a reassessment
to ensure adequate law enforcement resources in response to current
crime rates.
There being no further speakers, Mayor Blankley closed Public Comment.
Council received the report.
11.4. Consent to the Appointment of Heath McMahon as Utilities Director
Administrative Services and Human Resources Director / Risk Manager
McPhillips provided staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment. There being no further speakers,
Mayor Blankley closed Public Comment.
Motion: Consent to the City Administrator’s recommendation to appoint
Heath McMahon to the department head position of Utilities Director.
RESULT: Pass
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Council Member Armendariz, Council Member Bracco, Council
Member Cline, Mayor Pro Tempore Marques, Council Member
Tovar, Mayor Blankley
NOES: None
ABSTAIN: None
ABSENT: Council Member Hilton
12. CITY ADMINISTRATOR'S REPORTS
12.1. Gilroy Garlic Festival Memorial Update
City Administrator Forbis provided his report and responded to Council Member questions.
13. CITY ATTORNEY'S REPORTS
There were none.
14. ADJOURNMENT
The meeting was adjourned by Mayor Blankley at 8:01 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 January 22, 2024.
Thai Nam Pham, MMC, CPMC
City Clerk