2021-09-13 City Council Regular Meeting Minutes 1
City of Gilroy
City Council Meeting Minutes
September 13, 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 Marques led the pledge of allegiance.
2. Invocation
The invocation was given by Pastor Greg Quirk.
3. City Clerk's Report on Posting the Agenda
Management Assistant Ruiz announced that the agenda had been posted on
Wednesday, September 8th at 4:46 p.m.
Attendee Name Title Status Arrived
Marie Blankley _ Mayor_ Present —' 5:38 PM
Rebeca Armendariz Council Member Present 6:00 PM
Dion Bracco Council Member Present 5 48 PM
-- ._. .. ---... .............. ...._......... ........--._. -- -- ... _.....-.-.._
Zach Hilton Council Member Present 5:31 PM
Peter Leroe-Munoz Council Member _ Present 5:58 PM
Carol Marques Council Member Present _5:48 PM_
Fred Tovar Council Member Present 5:52 PM
B. Orders of the Day
Mayor Blankley announced she would like to end the meeting in honor of
Salvation Army Captain Manuel Baton who recently passed away. Council
Member Tovar shared a few words.
C. Employee Introductions
Police Chief Espinoza introduced three new corporals: Robert Bausino, Doug
Remmick, and Daniel Pineda.
Administrative Services/HR Director/Risk Manager McPhillips introduced: HR
Analyst, Jason Davalos.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Parks and Recreation Commission Annual Presentation
Chairperson Michelle Wexler presented the report.
2. Arts and Culture Commission Presentation of Lifetime Community
Service Award for Donald "Elvis" Prieto
Melanie Reynisson presented the award to the Prieto family.
3. Unveiling of Gilroy Sesquicentennial Time Capsule
Amanda Rudeen provided a brief presentation of the Gilroy Sesquincentennial
time capsule, followed by an unveiling of the capsule.
Ill. PRESENTATIONS TO THE COUNCIL
Public comments were received by Susan Jacobsen and David McManus.
Ms. Jacobsen spoke regarding an email received by a Gilroy City Council
member.
Mr. McManus spoke regarding Christopher High School and a recent injury that
occurred at the intersection. Mr. McManus requested further study to consider
prohibiting traffic during school hours.
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A. Planning Commission Interviews
Applicant Stefanie Elie provided a brief introduction and interest in participating
as Planning Commissioner.
Possible Action:
Interview candidate for an open seat on the Gilroy Planning Commission.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco - No report.
Council Member Armendariz - Silicon Valley Clean Energy discussion on the
compensation for the CEO, budget, and wildfire concerns in the region. Historic
Heritage Committee will report at the next meeting; meeting is scheduled for
Wednesday, September 15th.
Council Member Marques - Reported that Gilroy Gardens continues to stay
stable; upcoming event themes are Halloween and Holiday Lights.
Council Member Hilton - Transit occupancy went down to 21% and retail sales
increased. Climate resilience program. September is Transit Month and Caltrans
is offering 50% off fares.
Council Member Tovar - Thanked staff for the 9111 presentation provided this
past weekend.
Council Member Leroe-Munoz - Attended the VTA Mobility Partnership last
Wednesday to address matters of transportation on Highway 156, 152 and
101/25 interchange. Discussion and updates on High Speed Rail a meeting is
scheduled for December. Highway 101 and 25 interchange - new ramps will be
added and expected Costa Mesa Road and Castro Valley be finalized by late
summer of 2023.
Mayor Blankley - Provided an update on City Hall's opening day, August 30th,
2021; 42 customers were served. Received 28 RHNA appeals and six (6) of
those were by cities in Santa Clara County. Gilroy Economic Development is
promoting three (3) tour initiatives. There is a community meeting on September
27th, 2021 regarding Sharks to receive public and community involvement. VTA
PAC met Thursday - US 101 mobility action plan discussed the improvement of
commuter lanes and congestion on 101 and both Gilroy and Morgan Hill were
excluded; item is being revised.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Blankley brought forth a future initiated agenda item to evaluate and
possibly reduce the number of Board, Commission and Committees due to the
high number of resignations in the last year.
Majority voted yes to bring this back to Council.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Munoz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques,
Tovar
A. Boards and Commission Recruitments
B. 8-16-2021 City Council Meeting Minutes
C. 2022 City Council Meeting Schedule
D. Adoption of Ordinance 2021-03 of the City Council of the City of Gilroy
Approving Zone Change Application Z 20-06, a Planned Unit Development
Zoning Amendment to Approve the Planned Unit Development Permit for
Construction of "The Cottages at Kern" Residential Project Filed by D. R.
Horton
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VII. BIDS AND PROPOSALS
A. Award of a Contract to Rosenbauer America in the Amount Not to Exceed
$684,899.18 for a Type 1 Fire Engine and Adoption of a Resolution of the
City Council of the City of Gilroy to Enter into a Lease-Purchase Agreement
with Leasing 2, Inc. to Finance the Type I Fire Engine Purchase for Seven
Years at the Interest Rate of 2.03% for a Financing Cost Not to Exceed
$56,857.36
Administrative Services/HR Director/Risk Manager McPhillips presented the
report.
Public comment was opened.
No public comment.
Public comment was closed.
Possible Action:
a) Motion was made by Council Member Tovar, seconded by Council Member
Leroe-Munoz to award contract not to exceed $684,899.18 (Base price of
$628,676 plus $56,223.18 sales tax) to Rosenbauer America for a Type I Fire
Engine, Project No. 21-PW-262.
Motion Passes: 7-0-0-0 (unanimous)
Possible Action:
a) Award contract not to exceed $684,899.18 (Base price of$628,676
plus $56,223.18 sales tax) to Rosenbauer America for a Type 1 Fire
Engine, Project No. 21-PW-262.
b) Adopt a resolution of the City Council of the City of Gilroy
authorizing the City Administrator to enter into a seven-year lease-
purchase Agreement with Leasing 2, Inc. to finance the purchase of
the Type 1 Fire Engine in the total amount of$684,899.18 purchased
from Rosenbauer America for a financing cost not to exceed a rate of
2.03% or$56,857.36.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar; Council Member
SECONDER: Peter Leroe-Munoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques,
Tovar
Possible Action:
b) Motion was made by Council Member Armendariz, seconded by Council
Member Marques adopt Resolution 2021-49 of the City Council of the City of
Gilroy authorizing the City Administrator to enter into a seven-year lease-
purchase Agreement with Leasing 2, Inc. to finance the purchase of the Type
Fire Engine in the total amount of$684,899.18 purchased from Rosenbauer
America for a financing cost not to exceed a rate of 2.03% or$56,857.36.
Roll Call Vote: 7-0-0-0 (unanimous)
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Possible Action:
a) Award contract not to exceed $684,899.18 (Base price of$628,676
plus $56,223.18 sales tax) to Rosenbauer America for a Type I Fire
Engine, Project No. 21-PW-262.
b) Adopt a resolution of the City Council of the City of Gilroy
authorizing the City Administrator to enter into a seven-year lease-
purchase Agreement with Leasing 2, Inc. to finance the purchase of
the Type I Fire Engine in the total amount of$684,899.18 purchased
from Rosenbauer America for a financing cost not to exceed a rate of
2.03% or$56,857.36.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe--Munoz, Marques,
Tovar
Vill. PUBLIC HEARINGS
There were no Public Hearing items.
IX UNFINISHED BUSINESS
A. Approval of the City of Gilroy's 5-Year Street Repair Program
City Engineer Heap presented the report.
Comments were received by Council Members Leroe-Munoz, Tovar, Hilton, and
Mayor Blankley.
Public comment was opened.
Public comments were received by Ron Kirkish and Stefanie Elle.
Public comment was closed.
Motion Passes: 7-0-0-0 (unanimous)
Possible Action:
Approval of the 5-Year Street Repair Program.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Munoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques,
Tovar
B. Selection of Alternate Voting Delegate for the League of California Cities
2021 Annual Conference
Administrative Services/HR Director/Risk Manager McPhillips stated that an
alternate voting delegate should have been designated at the August 16, 2021
Council meeting in the event the appointed delegate, Councilmember Tovar,
could not attend the scheduled League of California Cities 2021 Annual
Conference.
Council Member Hilton and Armendariz commented on the League of CA Cities
voting system. Mayor Blankley suggested in future years to bring forth the
conference items and resolutions for the Council's information.
Public comment was opened.
No public comment.
Public comment was closed.
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Motion was made by Council Member Marques, seconded by Council Member
Bracco to appoint Mayor Blankley as the alternate voting delegate for the City of
Gilroy at the League of California Cities 2021 Conference.
Motion Passes: 6-0-1-0 (Abstain - Hilton)
Possible Action:
Appointment of a Council Member to serve as the alternate voting delegate
for the City of Gilroy at the League of California Cities 2021 Conference.
RESULT: APPROVE [6 TO 0]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Munoz, Marques, Tovar
ABSTAIN: Zach Hilton
X. INTRODUCTION OF NEW BUSINESS
A. Presentation of Information on Reach Codes Pertaining to Building Codes
Adopted by the City of Gilroy
Community Development Director Garner provided a brief introduction. Donald
Bray added to the presentation.
Council Members discussed and expressed their concerns regarding the 2022
Reach Codes and requested additional information to address various questions
including:
1. Will the public be penalized for using more energy usage?
2. What will be the cost?
3. If switched to 100% electric, how will continuous power outages impact on
daily household activities; i.e. cooking/laundry.
4. Why is there a demand for additional charging stations?
5. What is the impact on GHG emissions?
6. Public Outreach and educating the public of the upcoming changes is of
utmost importance.
7. Maintain flexibility to determine what Reach Code would be of most benefit to
Gilroy.
8. Is there an economic competitiveness?
9. Asked staff to provide an example on an average size home and added price
for gas usage.
Public comment was opened.
Public Comments were received by email from Connie Rogers and Carolyn
Tognetti. Additional public comment received in-person by Ron Kirkish.
Public comment was closed.
No action required; receive report.
Possible Action:
None — this is an informational item.
B. HouseKeys Quarterly Report
Community Development Director Garner presented the report.
Council Member Tovar, Marques, Hilton, Armendariz, and Mayor Blankley
commented.
Public comment was opened.
No public comment.
Public comment was closed.
No action required; receive report.
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Possible Action:
Receive report.
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator reported on following items:
1. City Hall's Opening Day was Monday, August 30th.
2. The Future of Council Meeting's; finding solutions to technical issues and how
we should be proceeding with meetings. Current issues due to technology
include the inability to conduct hybrid meetings and we are working on the
possibility of translating all meetings in Spanish.
3. September 14, 2021 Study Session with Valley Transit Authority (VTA) -
Transit and the Gilroy Transit Center will be held virtually at 6:00 p.m. Public is
welcomed to join and comment.
4. September 27, 2021 - Sharks Community Meeting with Jane Howard
Chief Wyatt provided a COVID-19 update - Delta and Booster Vaccinations:
1. Delta - Vaccines are efficient; 2x more infectious than the original Alpha
variant; Deaths and Hospitalizations are higher due to variant. Those being
hospitalized are the unvaccinated population; breakthrough infections -
vaccinated population who have contracted the virus are 0.05% from dying from
Delta variant.
2. Booster- Recommendation is to receive a booster vaccine eight (8) months
from last dosage received. Booster vaccines will be available in October 2021 as
well as vaccination clinics will return to Gilroy. The action steps are to start with
vulnerable first, then move down to younger population.
XI I. CITY ATTORNEY'S REPORTS
No report.
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2); 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: Glen Loma Corporation, John M. Filice, Jr.; Negotiating
Price and terms of payment regarding purchase, sale
B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Paragraph
(1) of Subdivision (d) of 54956.9 and GCC Section 17A.11(3)(a); Case: Law
Foundation of Silicon Valley v. City of Gilroy, Superior Court, County of Santa
Clara, Case No. 20CV362347, filed: January 22, 2020
Public comment was opened.
Public comments were received by email from Connie Rogers and Carolyn Tognetti
regarding Executive Session Item A.
Public comment was closed.
City Attorney Faber advised Council pursuant to the Open Government Ordinance that
with respect to Item B, in his opinion discussion of the matter in open session would
unavoidably prejudice the City's position in such litigation, and therefore that they
should enter closed session for that discussion. Upon motion of Council Member
Bracco, seconded by Council Member Armendariz, the Council voted unanimously to
enter closed session on that item.
ADJOURNMENT
Mayor Blankley adjourned the regular City Council meeting to closed session at 8:27
p.m. and in honor of Captain Manuel Baton.
City Council Meeting Minutes
09/13/2021
FUTURE MEETING DATES
SEPTEMBER 2021
14* Transit and the Gilroy Transit Center— 6:00 p.m.
20* Regular Meeting - 6:00 p.m.
OCTOBER 2021
4* Regular Meeting- 6:00 p.m.
18* Regular Meeting - 6:00 p.m.
NOVEMBER 2021
1* Regular Meeting - 6:00 p.m.
15* Regular Meeting - 6:00 p.m.
DECEMBER 2021
6* Regular Meeting - 6:00 p.m.
* meeting is webstreamed and televise
e Ann McPhillip , In rim City Clerk
City Council Meeting Minutes
09/13/2021