Meeting
  City Council
MAYOR
Marie Blankley
     
  Agenda
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA  95020

CITY COUNCIL REGULAR MEETING 6:00 PM
MONDAY MAY 15, 2023		 COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tover

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
 
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.

COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL.  Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker.  Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.

Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA  95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting.  Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, and Assembly Bill 361, 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 a minimum of 72 hours prior to the meeting at (408) 846-0204.  

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing.  Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. 

A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.
 
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 assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].

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 [email protected].
 
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 City Council Regular Meeting is 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 Retirements
2.
CEREMONIAL ITEMS - Proclamations and Awards
2.1.
Proclamation Recognizing APWA National Public Works Week May 21 - 27, 2023
2.2.
Proclamation – Proclaiming June 2023 as LGBTQ Pride Month
3.
PRESENTATIONS TO THE COUNCIL
3.1.
Annual Youth Commission Presentation
3.2.
PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL

This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.

Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.
4.
REPORTS OF COUNCIL MEMBERS
 
Council Member Bracco – Cities Association Santa Clara County Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
 
Council Member Armendariz – Santa Clara County Library Joint Powers Authority, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South County United for Health
 
Council Member Marques – ABAG, 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, South County United for Health (alternate), VTA Policy Advisory Committee
 
Council Member Cline – Gilroy Economic Development Partnership (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
 
Council Member Tovar – 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, VTA Mobility Partnership
 
Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Gilroy 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
5.
COUNCIL CORRESPONDENCE
6.
FUTURE COUNCIL INITIATED AGENDA ITEMS
7.
CONSENT CALENDAR
 
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
7.1.
Approval of the Action Minutes of the May 1, 2023 City Council Regular Meeting
7.2.
Approval of the Action Minutes of the May 3, 2023 City Council Capital Improvement Plan Workshop
7.3.
Council Appointment of Council Member Tom Cline to the Valley Transportation Authority Mobility Partnership Committee
7.4.
Amending the City of Gilroy Conflict of Interest Code
7.5.
Approve Replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician on the Budgeted Position Control List and Adopt a Resolution Updating the Position Control List for FY 23
7.6.
Accept and File Quarterly Cash and Investment Report as of March 31, 2023
7.7.
Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481
7.8.
Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program
7.9.
Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds
7.10.
Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission
7.11.
Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277
7.12.
Adoption of an Ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03)
7.13.
Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections 10.A15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks
8.
BIDS AND PROPOSALS
8.1.
Award of Contract to Hill International to Manage the Design of 21 CIP Projects for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088 with a Project Contingency of $119,912 (~10%) and Approve a Total Project Expenditure of $1,280,000
 
1. Staff Report:  Daryl Jordan, Public Works Director
2. Public Comment
3. Possible Action:
   
  Award a contract to Hill International in the amount of $1,160,088 with a project contingency of $119,912 (approximately 10%) for the Capital Improvement Program Project Management Services, Project No. 23-RFP-PW-476, and authorize the City Administrator to execute the contract and associated documents.
9.
PUBLIC HEARINGS (NONE)
10.
UNFINISHED BUSINESS
10.1.

Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations

 
1. Staff Report:  Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
   
  Council provide direction regarding the proposed ordinance.
11.
INTRODUCTION OF NEW BUSINESS
11.1.

Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project

 
1. Staff Report:  Daryl Jordan, Public Works Director
2. Public Comment
3. Possible Action:
   
  Receive report.
11.2.

Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program

 
1. Staff Report:  Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
   
  Council approve the agreement with Silicon Valley Creates for the “Elevate Gilroy Through the Arts” program.
11.3.

Adopt a Resolution Setting the 2023 Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A

 
1. Staff Report:  Sharon Goei, Community Development Director
2. Public Comment
3. Possible Action:
   
  Adopt a resolution of the City Council of the City of Gilroy setting the 2023 Fireworks Service Fee for impacts on City Fire and Police Services related to the sale and use of safe and sane fireworks pursuant to Gilroy City Code Chapter 10A.
12.
CITY ADMINISTRATOR'S REPORTS
13.
CITY ATTORNEY'S REPORTS
14.
CLOSED SESSION
14.1.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8(2)
Property: 761 Tatum Ave., Gilroy, CA
Negotiator: Jimmy Forbis, City Administrator 
Other Party to Negotiations: A. Marc Palmer 
Under Negotiations: Price and Terms of Purchase
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).
15.
ADJOURNMENT
FUTURE MEETING DATES
 
May 2023
22 Recommend Operating Budget Workshop - 6:00 p.m. – 8:00 p.m.
   
June 2023
5 Regular Meeting - 6:00 p.m
19 Regular Meeting - 6:00 p.m
   
July 2023
3 Regular Meeting - 6:00 p.m -CANCELED-
10 Special Meeting - 6:00 p.m
   
August 2023
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
   
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.