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06/03/2024 City Council Regular MeetingCity Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 1 of 7 City Council Meeting Action Minutes MONDAY, JUNE 3, 2024 | 6:00 PM 1. OPENING 1.1. Call to Order 1.2. Pledge of Allegiance Council Member Cline led the Pledge of Allegiance. 1.3. Invocation None 1.4. City Clerk's Report on Posting the Agenda City Clerk Minor advised the agenda was posted on Thursday, May 30, 2024, at 1:27 PM. 1.5. Roll Call Attendance Attendee Name Dion Bracco, Council Member Rebeca Armendariz, Council Member Carol Marques, Council Member Zach Hilton, Council Member Tom Cline, Council Member Fred Tovar, Council Member arrived at 6:19 P.M. Marie Blankley, Mayor Absent None 1.6. Orders of the Day None 1.7. Employee Introductions None 2. CEREMONIAL ITEMS - Proclamations and Awards None 3. COUNCIL CORRESPONDENCE (Informational Only) None 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. Mayor Blankley opened Public Comment Ron Kirkish read an email to the City Council regarding an item at the last Council meeting. City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 2 of 7 Robert Butler let the Council know that he is on the board of the downtown theater and is starting the Gilroy Future Filmmakers, and requested information on how to apply for grants. Robert Zepeda spoke about the H5N1 Avian Flu and what affect it could have on people and the lack of food. There being no further speakers, Mayor Blankley closed Public Comment. 5. REPORTS OF COUNCIL MEMBER Council Member Bracco advised that the library is providing daily lunches for kids on a first come first served basis for the summer. Council Member Armendariz No report. Council Member Marques advised that Gilroy Gardens attendance and revenue were down about 20 percent likely caused by the unusually rainy season. Lakeside Splash opened on Memorial Day weekend. Council Member Hilton reported Silicon Valley Clean Energy Board approved a contract with clear result for support on design and implementation of the commercial and industrial CNI decarbonization program. The Pride Flag was raised in honor of Pride Month. Council Member Cline No report. Council Member Tovar No report. Mayor Blankley noted that Caltrain will be at the August 5, 2024 Council meeting to discuss grade separations and electrification. 6. CONSENT CALENDAR 6.1. Approval of the Action Minutes of the May 20, 2024 City Council Regular Meeting. 6.2. Adopt a Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2024-25. 6.3. Approve First Amendment to the Agreement with HdL Companies for the City's Business License Tax Administration Services. 6.4. Adopt a Resolution Approving the Fiscal Year 2024-25 Road Rehabilitation Projects for Funding by Senate Bill 1, the Road Repair and Accountability Act of 2017 Funds. 6.5. Claim of Isabel Christensen (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim). 6.6. Adopt an Ordinance Amending the Gilroy City Code, Chapter 30 (Zoning), Article XI (Residential Use Tables) in Conformance with the City of Gilroy 2023-2031 Housing Element. City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 3 of 7 Mayor Blankley noted a correction was needed to the May 20, 2024 minutes under her Council Comments. The group name should be South County Task Force. Ms. Minor noted she would make the change. Mayor Blankley requested to pull Agenda Item Numbers 6.3 and 6.4 and the full Council agreed. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. MOTION: To approve Consent Calendar Nos. 6.1, 6.2, 6.5, and 6.6. RESULTS: PASS: 6-1 ROLL CALL VOTE MOVER: Rebeca Armendariz, Council Member SECONDER: Dion Bracco, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, BLANKLEY NOES: ABSENT: TOVAR ABSTAIN: Enactment No.: (6.2) Resolution No. 2024-24 Enactment No.: (6.6) Ordinance No. 2024-01 MOTION: To approve Consent Calendar Nos. 6.3, 6.4. RESULTS: PASS: 7 -0 ROLL CALL VOTE MOVER: Tom Cline, Council Member SECONDER: Dion Bracco, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: ABSENT: ABSTAIN: Enactment No.: (6.4) Resolution No. 2024-25 7. BIDS AND PROPOSALS 7.1. Approval of an Agreement for Services in the Amount of up to $517,668 with Innovative Claims Solutions, Inc. for Workers Compensation Program Claims Administration. Mayor Blankley opened Public Comment. City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 4 of 7 There being no speakers, Mayor Blankley closed Public Comment. MOTION: Approve an Agreement for Services with Innovative Claims Solutions, Inc. in the amount of $197,935 for workers compensation program claims administration for the period July 1, 2024 through June 30, 2026 with an option to extend up to an additional three years in the amounts of $103,443 (FY 27), $106,547 (FY 28), and $109,743 (FY 29), for a total potential contract amount of $517,668. Authorize the City Administrator to execute the Agreement. RESULTS: PASS: 7 -0 MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: ABSENT: ABSTAIN: 8.PUBLIC HEARINGS 9.UNFINISHED BUSINESS 9.1. Adopt a Resolution of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2024-25 (FY25) for the Gilroy Community Library Project Bonds. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. MOTION: Adopt a resolution of the City Council of the City of Gilroy setting the tax rate for Fiscal Year 2024-25 with respect to the general obligation bonds for the Gilroy Community Library Project. RESULTS: PASS: 7-0 ROLL CALL VOTE MOVER: Rebeca Armendariz, Council Member SECONDER: Fred Tovar, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: ABSENT: ABSTAIN: Enactment No.: Resolution No. 2024-29 City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 5 of 7 10. INTRODUCTION OF NEW BUSINESS 10.1. Approval of a Memorandum of Understanding among Local Public Agencies in Santa Clara County for the Countywide Food Recovery Program. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. MOTION: Approve the attached Memorandum of Understanding (MOU) and Authorize the City Administrator to execute this MOU that will allow the City to participate in the Santa Clara County Food Recovery Program (Food Recovery Program) for California Senate Bill 1383 compliance. RESULTS: PASS: 7-0 MOVER: Tom Cline, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: ABSENT: ABSTAIN: 11. FUTURE COUNCIL INITIATED AGENDA ITEMS 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. Conference with Legal Counsel – Existing Litigation; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Names: 1. WENDY TOWNER; FRANCISCO AGUILERA; NICK MCFARLAND; JUSTIN BATES; BRYNN OTA-MATTHEWS; GABRIELLA GAUS; HARRY DE LA VEGA; BARBARA V. AGUIRRE; ALBERTO ROMERO; BARBARA J. AGUIRRE; LESLEY SANCHEZ, a minor, by and through her Guardian ad Litem Diana Galindo; and LESLIE ANDRES, a minor, by and through her Guardian ad Litem Laura Rodriguez, Plaintiffs, vs. GILROY GARLIC FESTIVAL ASSOCIATION, INC., a California Nonprofit Corporation; FIRST ALARM SECURITY & PATROL, INC., a California Corporation; CITY OF GILROY; and DOES 1 to 100, inclusive, Defendants; Santa Clara County Superior Court; Case No. 19CV358256; Filed November 12, 2019, Fifth Amended Complaint: July 23, 2021 2. VERONICA HENDERSON, Plaintiffs, vs. GILROY GARLIC FESTIVAL ASSOCIATION, INC., a California Nonprofit Corporation; FIRST ALARM SECURITY & PATROL, INC., a City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 6 of 7 California Corporation; CITY OF GILROY; CENTURY ARMS, INC.; and DOES 1 to 125, inclusive, Defendants; Santa Clara County Superior Court; Case No. 19CV358256; Filed: October 30, 2020, Second Amended Complaint: July 18, 2022 3. JUAN SALAZAR; LORENA SALAZAR; LYANN SALAZAR, a minor, by and through her Guardian ad Litem Juan Salazar; EDUARDO PONCE; and DASHA PIMENTAL, a minor, by and through her Guardian ad Litem Eduardo Ponce, Plaintiffs, vs. GILROY GARLIC FESTIVAL ASSOCIATION, INC., a California Nonprofit Corporation; FIRST ALARM SECURITY & PATROL, INC., a California Corporation; CITY OF GILROY; CENTURY ARMS, INC.; and DOES 1 to 125, inclusive, Defendants; Santa Clara County Superior Court; Case No. 19CV358256; Filed: September 10, 2020, Third Amended Complaint: July 27, 2021 14.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2); Employee Name/Title: Jimmy Forbis, City Administrator MOTION: Go into Closed Session. RESULTS: PASS: 7-0 MOVER: Marie Blankley, Mayor SECONDER: Carol Marques, Council Member AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: ABSENT: ABSTAIN: 15. ADJOURN TO OPEN SESSION Mayor Blankley advised no reportable action. 16. ADJOURNMENT FUTURE MEETING DATES Meeting was adjourned at 8:21 P.M. City Council Regular Meeting Agenda June 3, 2024 | 6:00 PM Page 7 of 7 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. /s/Beth Minor Interim City Clerk