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03/04/2024 City Council Regular Meeting (02 - Final Agenda) | Published 03/01/2024 @ 1:38 PMMarch 4, 2024 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda CITY COUNCIL REGULAR MEETING AND GILROY PUBLIC FACILITIES FINANCING AUTHORITY AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 MONDAY, MARCH 4, 2024 | 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 publiccomments@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 special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that reasonable arrangements can be made. 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. March 4, 2024 | 6:00 PM Page 2 of 6 City Council Regular Meeting Agenda 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. 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. 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 on your device. 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 March 2024 as Youth Arts Month March 4, 2024 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda 2.2. Proclamation Proclaiming March 2024 as American Red Cross Month 3. COUNCIL CORRESPONDENCE (Informational Only) 4. PRESENTATIONS TO THE COUNCIL 4.1. 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 publiccomments@cityofgilroy.org or mail them to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 p.m. 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. 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) 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, VTA Policy Advisory Committee Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Gardens Board of Directors (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 March 4, 2024 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda 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 6. 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. 6.1. Adopt the Council-Initiated Agenda Item Policy 6.2. Approve Final Downtown Parking Management Plan 7. BIDS AND PROPOSALS 8. PUBLIC HEARINGS 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS 10.1. Use of City-Owned Property for the Installation and Maintenance of the Highway 152 Tree Row Plaque and Monument 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Approve the request to install the Highway 152 Tree Row Plaque and Monument on City-owned property located at the southwest corner of Hecker Pass Road and Autumn Drive (APN 810-20-038) in the Hecker Pass Special Use District. 10.2. Appointment of City Representative for County of Santa Clara Housing and Community Development Advisory Committee 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Appoint a member and an alternate member of the City Council to serve on the County of Santa Clara Housing and Community Development Advisory Committee. 10.3. Santa Teresa Fire Station Operational and Financial Plan and Adoption of a Resolution Amending the Fiscal Year 2024 Operating Budget by $350,000 for Fire Department Overtime 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: a) Receive report and provide feedback/direction as necessary. March 4, 2024 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda b) Adopt a resolution amending the operating budget for the Fire Department’s overtime budget for Fiscal Year 2024 by $350,000 and transferring $200,000 from the Capital Projects fund allocated to the modular fire station to the General Fund for Fire overtime expenditures. 11. ADJOURN TO THE MEETING OF GILROY PUBLIC FACILITIES FINANCING AUTHORITY 12. OPENING (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) 12.1. Call to Order 12.2. Roll Call 13. CONSENT CALENDAR (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) Items under the Consent Calendar are deemed routine and approved with one motion. If a director or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Agency’s approval vote. If removed, the item will be discussed in its original order. 13.1. Approval of the Action Minutes of the February 27, 2023 Gilroy Public Financing Authority Regular Meeting 13.2. Adoption of a Resolution Setting the Budget for Fiscal Year 2024-25 14. ADJOURN TO THE MEETING OF GILROY CITY COUNCIL 15. FUTURE COUNCIL INITIATED AGENDA ITEMS 16. CITY ADMINISTRATOR'S REPORTS 17. CITY ATTORNEY'S REPORTS 18. CLOSED SESSION 18.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8 Properties: 10th Street Bridge: APNs 808-19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808- 21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19- 029 Negotiators: Jimmy Forbis, City Administrator Other Party to Negotiations: John M. Filice Jr,. Glen Loma Corporation Under Negotiation: Price and terms of payment 18.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of GC 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Names: 1. TIMOTHY GAVIN, Petitioner, vs. CITY OF GILROY, Respondent; Superior Ct. Case Number 24CV428673; Petition for Writ of Mandamus: Filed January 5, 2024 2. CITY OF GILROY, Petitioner, vs. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; LAW FOUNDATION OF SILICON VALLEY, Real Party in Interest. LAW FOUNDATION OF SILICON VALLEY, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CITY OF GILROY, Real Party in Interest; Cal. Supreme Ct. Case Numbers March 4, 2024 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda S282937 and S282950; Filed January 22, 2020 18.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 Property: 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: Gilroy Gardens Family Theme Park, LLC Under Negotiations: Price and terms of payment for sale or lease. 19. 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). 20. ADJOURNMENT FUTURE MEETING DATES March 2024 18 Regular Meeting - 6:00 p.m April 2024 8 Regular Meeting - 6:00 p.m 15 Regular Meeting - 6:00 p.m May 2024 6 Regular Meeting - 6:00 p.m 20 Regular Meeting - 6:00 p.m Meetings are live streamed on the City of Gilroy’s website at gilroy.city/meetings and on YouTube at h Access the 2024 City Council Meeting Calendar at https://bit.ly/3LLzY1n.