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Home My WebLink About2021-12-06 City Council Regular Meeting Minutes1 City Council Meeting Minutes 12/6/2021 City of Gilroy City Council Meeting Minutes December 6, 2021 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley. 1. Pledge of Allegiance Council Member Leroe-Munoz led the Pledge of Allegiance. 2. Invocation None. 3. City Clerk's Report on Posting the Agenda Interim City Clerk McPhillips reported that the agenda was posted on Wednesday, December 1, 2021 at 4:52 p.m. Attendee Name Title Status Arrived Marie Blankley Mayor Present 5:20 PM Rebeca Armendariz Council Member Absent Dion Bracco Council Member Present 5:10 PM Zach Hilton Council Member Present 5:11 PM Peter Leroe-Muñoz Council Member Present 5:13 PM Carol Marques Council Member Present 5:11 PM Fred Tovar Council Member Present 5:13 PM B. Orders of the Day C. Employee Introductions City Administrator Forbis introduced the following new employees: Thai Pham, City Clerk Crystal Zamora, Program Administrator II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations None. III. PRESENTATIONS TO THE COUNCIL Mayor Blankley opened the public comment period. The following individuals provided public comments: Kristin Brown Paul Brown Beatrice Macias Petra Macias Ron Kirkish Dori Prado There being no further public comment, Mayor Blankley closed public comment. City Attorney Faber made a brief statement at the close of public comment: The Gilroy City Council does not have control over whether a Council Member steps down or stays on Council. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco - no report. Council Member Hilton – reported on Visit Gilroy and the review of the Strategic Marketing Report for quarter ending September 30, 2021; also reported on Silicon Valley Clean Energy and a pilot program to provide fifty portable electric batteries to residents dependent upon medical devices which go down in a power outage. 2 City Council Meeting Minutes 12/6/2021 Council Member Leroe-Munoz - no report. Council Member Marques – reported that there was a very nice tree lighting and parade this past Saturday evening in the downtown; also recommended the Holiday Lights show at Gilroy Gardens which is available through New Year’s. Vice Mayor Tovar - no report. Mayor Blankley – no report; will include some comments related to Cities Association when Item IX C. is discussed. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tovar - requested discussion of a second Downtown Paseo; City Council provided support to place on future agenda. Council Member Marques - requested report on homeless encampments and meth use. Jimmy Forbis - fielded comments and question on this item and offered to give a verbal report at next meeting focused on the problems around Gilroy Prep School; Council Member Tovar asked that report cover the full city rather than just one specific area. City Council provided support to place on a future agenda. VI. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley opened the public comment. No public comments regarding consent calendar items. Mayor Blankley closed public comment. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz A. Approval of a Notice of Acceptance of Completion for the FY21 Citywide Pavement Maintenance Project No. 21-PW-260 and Approval of a Final Contract with Teichert & Son, Inc in the Amount of $2,965,305.92 A motion was made to approve the notice. B. Acceptance of an Edward Byrne Memorial Justice Assistance Grant for $16,732 and Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2021-2022 Budget Amendment A motion was made to accept the grant and adopt the resolution. Enactment No.: Resolution No. 2021-65 C. Second Reading and Adoption of an Ordinance Amending Chapter 27 of the Gilroy City Code, Article VI "Water Supply Shortage Regulations" Authorizing the Public Works Director to Make Changes to the City of Gilroy Watering Schedule as Needed Enactment No.: Ordinance No. 2021-05 D. Second Reading and Adoption of An Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 12 to Add a New Article VI, Entitled Mandatory Organic Waste Disposal Reduction, to Chapter 12 of the Gilroy City Code to Implement the Requirements of SB 1383 Enactment No.: Ordinance No. 2021-06 E. 10-18-21 City Council Meeting Minutes A motion was made to approve the minutes. F. 10-25-21 City Council Study Session Minutes A motion was made to approve the minutes. G. 11-1-21 City Council Meeting Minutes A motion was made to approve the minutes. 3 City Council Meeting Minutes 12/6/2021 H. 11-15-21 City Council Meeting Minutes A motion was made to approve the minutes. VII. BIDS AND PROPOSALS None VIII. PUBLIC HEARINGS A. Project Garlic Industrial Subdivision (Panattoni Development) Mitigated Negative Declaration and Request for Industrial Planned Development Approval for Warehouse, Distribution Facility and Commercial Use of Property at the Northeast Corner of Pacheco Pass Highway and Camino Arroyo (File No.s Z 20-07, AS 20-21, TM 20-07, CUP 20-02 and GPA 20-01) Item withdrawn by Applicant. No continuance. Mayor Blankley opened Public Comment. Michelle Nelson commented on this project. Mayor Blankley closed Public Comment. Possible Action: Staff and the Planning Commission analyzed the proposed project and recommend the City Council: a) Adopt, by resolution, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project with findings required by the California Environmental Quality Act (CEQA); b) Adopt a resolution to approve General Plan Amendment GPA 20- 01 amending the Mobility Element Figures M-1 and M2 for the project; c) Motion to read the ordinance by title only and waive further reading; d) Introduce an ordinance to approve Z 20-07 Commercial/Industrial Planned Unit Development Zoning Amendment; e) Adopt a resolution to approve Architectural and Site Review AS 20-21 for the site planned unit development plan and buildings, with findings and conditions; and f) Adopt a resolution to approve Tentative Parcel Map TM 20-07, with findings and conditions. The applicant requests a second continuance to January 2022. Staff recommends continuance to January 24, 2022. IX. UNFINISHED BUSINESS There were no Unfinished Business items listed. X. INTRODUCTION OF NEW BUSINESS A. Gilroy Zoning Code Update Progress Report Staff report provided by Senior Planner Kraig Tambornini. Council Members asked questions of staff (Bracco, Hilton). Mayor Blankley opened the public comment period. No public comment. Mayor Blankley closed public comment. 4 City Council Meeting Minutes 12/6/2021 Possible Action: Accept report. Council provided unanimous support to receive the report with no objections. B. Discussion on Renter Protection Policies Staff report provided by Senior Management Analyst Bryce Atkins. Item returning as item was on legislative agenda of Council with budget. Council asked questions of staff (Blankley, Leroe-Munoz, Bracco). Mayor Blankley opened the public comment period. No public comment. Mayor closed public comment. A motion was made by Council Member Leroe-Munoz, seconded by Council Member Bracco, to take no action on the item. The motion was carried by the following vote: RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz C. A Resolution of the City Council of the City of Gilroy Supporting the "Brand- Huang-Mendoza Tripartisan Land Use Initiative" to Amend Article XI of the Constitution of the State of California to Make Zoning and Land Use Community Affairs, and Not of State Interest Staff report provided by Senior Management Analyst Bryce Atkins. No questions of staff. Mayor Blankley spoke about SB 9 and discussion ensued between the Council Members. Mayor Blankley opened the public comment period. Ron Kirkish commented on this item. There being no further public comment, Mayor closed public comment. Possible Action: Consider the adoption of a resolution supporting the initiative to amend the California Constitution to make zoning and land use a local affair. RESULT: APPROVE [5 TO 1] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Marie Blankley, Dion Bracco, Peter Leroe-Munoz, Carol Marques, Fred Tovar NAYS: Zach Hilton ABSENT: Rebeca Armendariz D. Community Development Block Grant (CDBG) Overview Community Development Director Karen Garner provided staff report. Council questions of staff (Blankley). Mayor Blankley opened the public comment period. No public comment was given. Mayor closed public comment. 5 City Council Meeting Minutes 12/6/2021 Possible Action: Receive report and provide direction to move to two-year cycle. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz E. Status Report Regarding City Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan Staff report provided by IT Manager Scott Golden. Council questions and comments of staff (Leroe-Munoz, Tovar, Marques). Mayor Blankley opened the public comment period. No public comment was given. Mayor closed public comment. Possible Action: Receive report. RESULT: APPROVE [5 TO 1] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques NAYS: Fred Tovar ABSENT: Rebeca Armendariz XI. CITY ADMINISTRATOR'S REPORTS Council Chambers Modernization Project - City Administrator Forbis provided a brief update on project. A. Gilroy Crime Update City Administrator Forbis provided an introduction of this item. Police Chief Pedro Espinoza provided a Gilroy Crime Update report. Council asked questions of staff (Leroe-Munoz, Tovar, Blankley, Bracco). Mayor Blankley opened the public comment period. Public Comments: Cheryl Parks and Ron Kirkish commented on this item. There being no further public comment, Mayor closed public comment. B. Sharks Ice Update City Administrator Forbis provided a status update on the Sharks Ice project. City still discussing terms with the Sharks. City hopes to return to Council in January with a further update. XII. CITY ATTORNEY'S REPORTS There was no City Attorney’s Report. XIII. CLOSED SESSION City Attorney announced the closed session. No public comment. Adjourned to closed session at 7:38 p.m. 6 City Council Meeting Minutes 12/6/2021 A motion was made by Council Member Leroe-Munoz, seconded by Council Member Tovar, to stay in Closed Session. The motion was carried by the following vote: RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz Reportable Action: None A. 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 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT Mayor Blankley adjourned the meeting at 8:42 p.m. 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. __________________________________ Thai Nam Pham Thai Nam Pham, CMC, CPMC City Clerk