City Council Regular Meeting Minutes
October 3, 2022
City of Gilroy
City Council Meeting Minutes
October 3, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.
1. Pledge of Allegiance
Council Member Tovar led the Pledge of Allegiance.
2. Invocation
Pastor Trevor Van Laar led the Invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
Administrative Services Director McPhillips introduced Fleet Superintendent Abraham Carmelino.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Minutes
October 3, 2022
3.1. 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.
The following individuals spoke on items that were not on the agenda:
Karen Fortino spoke about animal control at the garlic farm and inquired if there is a way for a mobile spay/neuter station to visit that location.
Raymundo Armendariz requested Council to place the building of a youth center on the Community Investment Plan agenda at the next City Council meeting.
Marty Estrada requested Council to place the building of a youth center at the next City Council meeting.
Bill James addressed the public comment made by a speaker from the previous City Council meeting.
James Pearson, a member of the Library Bond Committee, reminded Council that $5 million from the funds should be returned to the taxpayers, but it has not been done.
Michael A. Sanchez thanked Council for their service and iterated that party politics does not have a place in the Council and reminded them be public servants.
Elia Salinas requested Council Member Armendariz to resign.
Valentina Renales implored Council to be nonpartisan and represent the entire city.
Cat Tucker spoke regarding the youth center, not to forget the seniors within the community, and have the youth center be multipurpose for both the youth and seniors.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report
Council Member Armendáriz recognized October as Filipino American History Month.
Council Member Marques had nothing to report.
Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar thanked the community for coming out tonight.
Council Member Leroe-Muñoz reminded folks about Gilroy’s National Night Out happening on October 4th.
Mayor Blankley reported on Gilroy Economic Development Partnership and the South County Joint Recycled Water Advisory Committee Meeting will meet Wednesday, October 6th.
City Council Regular Meeting Minutes
October 3, 2022
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened public comment.
There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
7.1. City Council - Regular Meeting - Sep 19, 2022 6:00 PM A motion was made to approve the minutes.
7.2. Appointment to One Seat on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for a Term Ending June 30, 2024
A motion was made to appoint Eugene Bernosky to the VTA Bicycle Pedestrian Advisory Committee.
7.3. Acceptance of the 2022 Prepare CA Jumpstart California Office of Emergency Services Grant and Amendment of the Position Control List and Operating Budget for Fiscal Year 2022-23 to Implement the Grant Award
A motion was made to adopt the resolutions.
Enactment Nos. Resolution Nos. 2022-74, 2022-75, and 2022-76
7.4. Approval of Final Map and Property Improvement Agreement No. 2022-03 for The Cottages Development Tract 10582, APN 790-002, 003
A motion was made to adopt the Final Map and Property Improvement Agreement No. 2022-03 for The Cottages Development Tract 10582, APN 790-002, 003.
8. BIDS AND PROPOSALS
8.1. Award a Contract to Syserco Energy Solutions in the amount of $3,685,718 for Energy Conservation Measures Reimbursable under Pacific Gas & Electric's (PG&E) On-Bill Financing Program Administrative Services Director McPhillips provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
City Council Regular Meeting Minutes
October 3, 2022
Marty Estrada asked Council to look to support climate change legislation.
There being no further speakers, Mayor Blankley closed Public Comment.
Possible Action:
1. Adopt a resolution of the City Council of the City of Gilroy amending the FY 23 budget to appropriate $3,685,718 for the Energy Conservation Measures project.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Enactment No.: Resolution No. 2022-77
2. Award an Energy Services Contract in the amount of $3,685,718 to Syserco Energy Solutions for Energy Conservation Measures, pursuant to California Government Code Section 4217.16, which will be fully reimbursed by PG&E under their On-Bill Financing Program;
3. Authorize the City Administrator to enter into an On-Bill Financing and Reimbursement Agreement with PG&E in the amount of $3,685,718; and
4. Authorize the City Administrator to finalize and execute the related contract documents and approve any future change orders and items within the approved project budget.
RESULT: APPROVE (Items 2 - 4) [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
9. PUBLIC HEARINGS
9.1. Solar Power Purchase and Site Lease Agreement with Jua Capital, LLC Mayor Blankley asked Council if they have any ex-parte communications. None were disclosed.
Administrative Services Director McPhillips provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Hearing at 7:01 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 7:01 PM.
City Council Regular Meeting Minutes
October 3, 2022
Possible Action:
1. Hold a public hearing pursuant to California Government Code Section 4217.12.
2. Adopt a Resolution to enter into a Power Purchase Agreement (PPA) and Site Lease with Jua Capital, LLC pursuant to California Government Code Section 4217.12 making findings that the costs will be less than what the City will pay in the absence of the project.
3. Authorize the City Administrator or his designee to complete final negotiations and execute a Power Purchase Agreement and Site Lease Agreement with Jua Capital, LLC.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Enactment No.: Resolution No. 2022-78
10. UNFINISHED BUSINESS
10.1. Appointments to Parks and Recreation Commission and Youth Commission.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
1. Appoint a member of the Parks and Recreation Committee to a vacated seat with a term ending December 31, 2022.
Council appointed Luis Ramirez as Parks and Recreation Commissioner with a term expiring 12/31/2022.
2. Appoint members of the Youth Commission to six (6) seats with a term ending September 30, 2024.
Council appointed Sophie Gong, James Dinh, Destiny Saldate, Michael D'Angelo, Alfred James, and Winston James as Youth Commissioners with terms expiring 09/30/2024.
11. INTRODUCTION OF NEW BUSINESS
11.1. Council Initiated Discussion of Requesting the Resignation of Council Member Armendariz if the Recall Petition Qualifies for the Ballot Mayor Blankley provided a brief presentation. City Clerk Pham briefly responded to Council Member questions.
Mayor Blankley opened Public Comment.
City Council Regular Meeting Minutes
October 3, 2022
The following speakers were against the item and were in support of Council Member Armendariz not resigning:
Iris Monge
Gabriela Mendoza
Marty Estrada
Hazel Quintero
Cesar Santillan
Raymundo Armendariz
Jacqueline Castillo
Saul Gonzales
Miguel M. Correa
Valentina Renales
Phil Laursen
Esperanza Cid
Vanessa Ashford
Ola Martinez
Sally Armendariz
Anastasia Boyd
The following speakers were in support of the item and requested Council Member Armendariz to resign:
Ron Kirkish
Kelly Ramirez
Elias Salinas
Tracey Hill
Jeff Una Dia
Bill James requested Council to not take any action on the item.
Linda Pulido asked Council Member Armendariz to make the right decision.
Phil Laursen stated the event from last year could have happened to him and Council Member Armendariz could not have known the incident would have occurred.
There being no further speakers, Mayor Blankley closed public comment.
Possible Action:
1. Direct the Mayor to prepare a formal request for resignation should the recall petition qualify for the ballot; or
2. Take no action.
The majority of the Council directed the Mayor to prepare a formal request for resignation should the recall petition qualify for the ballot. Council Member Armendariz voted “no” with Council Member Hilton abstained.
City Council Regular Meeting Minutes
October 3, 2022
11.2. Second Amendment to the Contract with NRC Environmental (US Ecology) Increasing the Not-to-Exceed Amount by $30,000 for Unhoused Encampment Cleanup Services, to a Total of $130,000.
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Valentina Renales inquired if the City has a plan to prevent encampments after it has been cleaned up.
Marty Estrada reminded the ongoing lawsuit in San Jose, asked the Council to get the community involved, and develop an ad-hoc committee to address the issues of homelessness.
There being no further speakers, Mayor Blankley closed Public Comment.
Possible Action:
Council approve the contract amendment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
11.3. Fiscal Year 2022-23 1st Quarter Department and Legislative Work Plan Update
City Administrator Forbis provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
Council receive the report.
RESULT: RECEIVE REPORT
11.4. Council Review of City Code Chapter 19B Entitled "Smoking Pollution Control"
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Bill O'Connor stated he is in support of adding more areas to the smoking ban ordinance.
Valentina Renales concurred with the previous speaker.
Michelle Nelson stated she would appreciate Council adding more areas to the smoking ban ordinance.
William Maquinalez stated he was not a big fan of smoking and suggested
City Council Regular Meeting Minutes
October 3, 2022
if an event continues to violate the no smoking ban ordinance repetitively, then Council should not renew their permit.
There being no further speakers, Mayor Blankley closed Public Comment.
Possible Action:
Council provide direction to staff if it desires to modify Chapter 19B of the City Code relating to Smoking Pollution Control.
Council directed staff to modify 19B of the City Code relating to Smoking Pollution Control to include multi-unit housing with two units or more (both inside and out) and public events.
12. CITY ADMINISTRATOR'S REPORTS
Chief Wyatt provided a brief report of the two fires that occurred during the past weekend as requested by Council Member Tovar.
13. CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member questions.
14. CLOSED SESSION
Mayor Blankley opened Public Comment.
There being no further speakers, Mayor Blankley closed Public Comment.
A motion was made by Mayor Blankley to go into Closed Session. The vote was unanimous.
Mayor Blankley adjourned Regular Meeting to Closed Session at 9:04 PM.
The City Council convened in Closed Session at 9:09 PM.
The Council voted to stay in closed session was unanimous.
14.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA) No reportable action.
City Council Regular Meeting Minutes
October 3, 2022
15. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
16. ADJOURNMENT
The meeting was adjourned at 9:11 PM by Mayor Blankley.
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 on Monday, October 17, 2022.
Thai Nam Pham, CMC, CPMC
City Clerk