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2021-05-17 City Council Regular Meeting Minutes City of Gilroy City Council Meeting Minutes May 17, 2021 1. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley r- 1. Pledge of Allegiance Council Member Bracco led the pledge of allegiance. 2. Invocation There was no invocation. 3. City Clerk's Report on Posting the Agenda Chief Deputy City Clerk reported the agenda was posted on Wednesday, May 12th at 3:42 p.m. Attendee Name __ Title Stags Arie �.. . .Marie Blankley _ Mayor_ _ Remote I * Reb_eca_Armendariz _Council Member 1_Remote � Dion Bracco I Council Member Remote Z_a_ch Hilto_n__ Council Member Remote n Peter Leroe Muoz ____._._.__....... Council Member Remote Carol Marques Council Member Remote Fred Tovar Council Member Remote � ^ B. Orders of the Day Mayor Blankley announced that the Council was participating remotely under the Governor's order and she then provided details on the process of public participation. Mayor Blankley also asked Council we move item X.A. after consent agenda. Council received consensus. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Bicycle Awareness Month Mayor Blankley read the proclamation and highlighted May as Bicycle Awareness Month. 2. National Public Works Week Mayor Blankley read the proclamation and highlighted May 16-23, 2021 as National Public Works Week. 3. Girl Scout Gold Award Recipient Madison Hammer Mayor Blankley read the proclamation recognizing Madison Hammer, Girl Scout Gold Award recipient. 4. Girl Scout Gold Award Recipient Lauren DeRosa Mayor Blankley read the proclamation recognizing Lauren DeRosa, Girl Scout Gold Award recipient. 111. PRESENTATIONS TO THE COUNCIL City Council Meeting Minutes 05/17/2021 L Susan Meister spoke about status of renaming portion of First Street to Veterans Memorial Parkway. Jan Guffey spoke regarding loud fireworks. A. Art & Culture Commission Annual Presentation to Council Chairperson Melanie Reynisson presented to Council. Possible Action: B. Interview of Park & Recreation Commission Applicants n Interviews for one open seat on the Parks & Recreation Commission with a term expiring on December 31, 2022 were held. Applicants Tony Cisneros, Nicole Martinez and Efren Pineda were present. Possible Action: IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco thanked Gilroy Police Officers for their professionalism and quality of work. Council Member Armendariz announced that the Downtown Business Association had an alley clean-up event on Saturday, May 15th; many community members and local business owners attended the event. Historic Heritage will meet next week. Recognized that May is also Asian American and Pacific Islander Heritage Month. Council Member Marques reminded Council of an upcoming Gourmet Alley between 4th and 5th Street event sponsored by GDBA on June 19th between 3pm - 9pm. Ad-Hoc Committee for the Unhoused met last week; minutes and agendas are posted on a regular basis. Council Member Bracco and Marques toured City Team in San Jose. Council Member Hilton provided an update on the Silicon Valley Clean Energy program. Council Member Tovar; no report. Council Member Leroe-Munoz had a brief report on the GEDC; met last week and Jane Howard provided a presentation displaying how far behind California is in tourism dollars. Mayor Blankley reported to Council on A61091 from Assembly Mark Berman was put on hold. VTA Transit Oriented Development will move forward for the RFP process. On June 9th the Mobility Partnership they are going to start public outreach for the Highway 101/25 interchange, discussing design and timeline for completion. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] .: MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar A. Minutes of the May 3, 2021 Regular Meeting B. Endorsement Letter to Support Grant Request for Restoration of Gilroy Yamato Hot Springs City Council Meeting Minutes 05/17/2021 J C. Agreement No. 2021-01, Approval-of'the' Final Map - Prop rrt g`Irmlpr ��olhent Right of Way Dedications by Separate Documents, and Easement Dedications b .Separate Documents for Hoey ranch Development, Tract 10495, APN°s 783-04-023, 783-04-026, 783-04-027 (portion), and 783-04-028 (portion) D. Approval of a Notice of Acceptance of Completion for the Curb Ramps and Minor Concrete Improvements on 2nd and 3rd Street Project No. 20-PW-265 and Approval of a Final Contract with McKim Corporation in the Am,ount of $62,100 E. Claim of George Rosas (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Nicole Craig (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Vil. BIDS AND PROPOSALS A. First Amendment to the Agreement for Services with CSG Consultants, Inc. for Continued On-Call Building and Fire Prevention Plan Check and Inspection Services until July 15, 2021 The staff report was presented by Management Analyst Carrera. There were no public comments. Possible Action: Approve an amendment with CSG Consultants, Inc. to extend their agreement until July 15, 2021 and increasing their contract capacity by $.59,178, to a total of$922,766 for On-Call Building and Fire Preventlon Plan Check and Inspection Services. RESULT: APPROVE [UNANIMOUS] .: MOVER: Peter Leroe Munoz,-Council Member SECONDER: :';Dion Bracco Council'Member AYES: Blankley,Armendanz Bracco, Hilton, Leroe-Munoz, Marques, Tovar Fill. PUBLIC HEARINGS A. Conduct of a TEFRA Public Hearing and Approval of the Issuance of Multi- family Housing Revenue Bonds by the California Municipal Finance Authority for an Affordable Housing Project Located at 1520 Hecker Pass Highway The item was introduced by Mayor Blankley informing Council and the public the item would be moved to the next scheduled City Council meeting on June 7th due to a newspaper noticing error. Public comment was received by Stefanie Elie. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the issuance of multifamily housing revenue bond's in,an aggregate principal amount not to exceed $30,000,000 for the purpose of financing or refinancing the acquisition and construction of Hecker Pass Apartments project. B. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code This item was introduced by Chief Wyatt and further presented by Michael Schuster. City Council Meeting Minutes 05/17/2021 Disclosure of Ex-Parte Communication - None There were no public comments. Possible Action: Adopt Resolution 2021-15 of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. RESULT: APPROVE [UNANIMOUS] MOVER: Peter.Leroe-Munoz; Council Member SECONDER: . Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar IX. UNFINISHED BUSINESS A. Garlic City BMX Proposal Presentation This item was introduced by City Administrator Forbis and further presented by Garlic City BMX President, Mary Garcia. There were no public comments. Possible Action: Receive presentation from representatives of Garlic City BMX for the potential development of a public BMX Pump Track at Christmas Hill Park. B. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds The item was presented by Public Works Director Jordan. There were no public comments. Possible Action: Adopt Resolution 2021-16 of the City Council of the City of Gilroy adopting a list of projects for Fiscal Year 2021-22 to be funded by SB 1: The Road Repair and Accountability Act of 2017. RESULT: APPROVE[UNANIMOUS] MOVER: Dion Bracco; Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton,`Leroe-Munoz, Marques, Tovar C. City Facilities Flag Flying Policy The item was introduced by City Administrator Forbis. Public comment was opened. Public comment was received by Ray Muelller, Joseph Galvan, Freda Kogan, Maribel Martinez, Carlos Pineda, Tere P and Erika Cisneros. Public comment was then closed. Motion was made by Council Member Armendariz, seconded by Council Member ; Hilton to add specific language to the City Flag Flying Policy: The City of Gilroy will hold a ceremony for every approved flag raising upon the first raising of the set flag, participation from the Mayor and Council shall be voluntary, the City will provide podium, audio, electricity and seating. The event shall be coordinated by the sponsoring council member and be held on the.first business day of the corresponding month. .City Council Meeting Minutes 05/11.7/2021 Possible Action: Adopt a City Facility Flag Flying Policy RESULT: APPROVE.; 6 T� 1] MOVER: 'Rebeoa Armendariz, Council Member SECONDER Zach';Hili8h, Council Member AYES.., Ar'rmendariz, Bracco, H lton;:'Lerole-Mu oz,.Marques �� ar NAYS: Marie BlaroiCley City Facilities Flag Flying Policy Motion was made by Mayor Blankley, seconded by Council Member Leroe- Munoz to add the following language at the end of the policy: No more than one commemorative flag shall be displayed in any given period. Possible Action: Adopt a City Facility Flag Flying Policy RESULT: APPROVE[UNANIMOUS] MOVER: Marie Blankley, Mayor SECONDER: Peter Leroe-Munoz, Council Member AYES: Blankley,;Armen dariz :Bracc©, .Hilton, Leroe-M0bz, Marques, Tovar. City Facilities Flag Flying Policy Motion was made by Council Member Leroe-Munoz, seconded by Council Member Tovar to adopt resolution 2021-1 7 approving a Council Policy regarding the display of flags at City of Gilroy facilities as amended on the two prior motions. Possible Action: Adopt a City Facility Flag Flying Policy RESULT: APPROVE [U. NANIMOUS] MOVER: Peter Len®e-Mu'noz,;Council Member SECONDER: Fred'Tovar, C6ur dl Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar D. Standing Report on Operational Impacts and Other City Efforts Related to the COVID-19 Pandemic Chief Wyatt provided a brief COVID update. Gilroy has 42,000 people eligible to receive the vaccine and of this 32,000 have received their first dose, since the last report provided on May 3rd. Chief Wyatt added by stating that the Fire Department has seen a drastic decrease in COVID related transports and that in-mobile vaccination requests have diminish tremendously. There were no public comments. Possible Action: Receive report. X. INTRODUCTION OF NEW BUSINESS A. City Council Position on Senate Bill 612 (Portantino): A Ratepayer Equity Bill Melicia Charles presented the report. There were no public comments. City Council Meeting Minutes 05/17/2021 b Possible Action: Approve a Letter of Support for Senate Bill 612 (Portantino): A Ratepayer Equity Bill RESULT: APPROVE,[UNANIM OUS] MOVER: Peter Leroe MunozCouncil,Member SECONDER: .,Rebeca Armendariz;'Council`Member AYES: Blankley, Armendariz, Bracco, H'iiton, Leroe=Munoz, Marques, To var B. Acceptance of American Rescue Plan Act Funding and Review and Approval of the Conceptual Plan to Restore Projects and Services in the Upcoming Biennial Budget City Admin Forbis presented the report. Discussion was held on the distribution of restoring projects and allocation of money. Public Comment was opened. Public comment was received by Freda Kogan and Jan Bernstein suggested hiring outreach or social workers. Public comment was closed. Possible Action: 1. Ratify acceptance of the American Rescue Plan Act award; and 2. Review and approve conceptual plan to restore projects and services in the upcoming FY 22 and 23 biennial budget. RESULT: APPROVE [5 TO 2] , MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Leroe-Munoz; Marques, Tovar NAYS: Rebeca Armendariz, Zach Hilton C. Appointment to a Vacant Seaton the Parks and Recreation Commission with a Term Ending December 31, 2022 Council appointed Efren Pineda to the Parks and Recreation Commission with a term ending December 31, 2022. Possible Action: Appoint a member.to the vacant seat on the Parks and Recreation Commission with a term ending December 31, 2022. RESULT: APPR OVE [UNANIMOUS] AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Munoz, Marques, Tovar D. City Council Position on AB 1091 (Berman) - Santa Clara County Valley Transportation Authority Board of Directors Mayor Blankley stated this item was withdrawn.. Possible Action: i Consideration of Council's position on Assembly Bill-1091 (Berman) RESULT: WITHDRAW Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority Mayor Blankley called the Gilroy Public Facilities Financing Authority to order at 9:45 p.m. City Council Meeting Minutes 05/17/2021 XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF DIRECTORS Roll Call of the Board of Directors 1. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Declaring Intent to Reimburse Costs Incurred In Connection to Wastewater Capital Improvements from the Proceeds of Bonds to be Issued by the Authority Finance Director Sangha presented the report. There were no public comment. Possible Action: Adopt Resolution 2021-01 of the Board of Directors of the Gilroy Public Facilities Financing Authority declaring intent to reimburse costs incurred in connection with the wastewater system capital improvements, including the expansion of the regional wastewater treatment facility owned by South County Regional Wastewater Authority, from the proceeds of the Bonds to be issued by the Authority. RESULT: APPROVE,'[UNANIMOUS] MOVER: Peter Leroe-Munoz,:Council Member SECONDER: Rebeca,Armendai nz, Council Member AYES: Blankley, Arm endariz,rbrac.co;,Hilton; Leroe'-Munoz; Marques,. Tovar Adjourn to the Meeting of the Gilroy City Council Adjourned at 9:48 p.m. XII. CITY ADMINISTRATOR'S REPORTS No report. XIII. CITY ATTORNEY'S REPORTS City Attorney Faber presented the report. A. State Surplus Lands Act XIV. CLOSED SESSION Vote to stay in closed session: Motion was made by Council Member Bracco, seconded by Council Member Leroe-Munoz, to remain in closed session on items B and C. Motion Passes 7-0-0-0 A. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Joseph Foshee vs. City of Gilroy; Robert Zuniga; and Does 1 to 10 Inclusive; United States Northern District.Court of California San Jose Division; Case No. 5:20-cv-000132-VKD, Filed January 7, 2020. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property: 6490 Auto Mall Parkway, Gilroy, APN 841-15-069 ; Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: r Mike Conrotto; Under Negotiations: Price and Terms of Payment. C. 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 ADJOURNMENT City Council Meeting Minutes 05/17/2021 U MEETING DATES MAY 2021 24* Study Session — 6:00 p.m. JUNE 2021 7* Regular Meeting — 6:00 p.m. 21* Regular Meeting — 6:00 p.m. ...:W ?i JULY 2021 *1 Regular Meeting l--,6:00 p.m. E �eAnn McPhillip ,jlnrim City Clerk City Council Meeting Minutes 05/17/2021