City Council Regular Meeting Minutes
11/21/2022
City of Gilroy
City Council Regular Meeting Minutes
November 21, 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 Armendariz led the Pledge of Allegiance.
2. Invocation
Pastor Trevor Van Laar from Gilroy Presbyterian Church provided 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 Absent
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
Fire Chief Wyatt introduced the following new employees:
Firefighter / Paramedic Chris Channell
Firefighter / Paramedic Cesar Ruelas
Firefighter / Paramedic Ian Nickolas
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Retirement Proclamation for Visit Gilroy Executive Director/CEO Jane Howard
Mayor Blankley read aloud the Proclamation and presented it to Visit Gilroy Executive Director Howard.
2.1.2. Proclamation - Small Business Saturday
Mayor Blankley briefly mentioned the Proclamation.
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3. PRESENTATIONS TO THE COUNCIL
3.1. Annual Planning Commission Presentation
Planning Commission Chair Manny Bhandal presented the annual presentation to Council.
2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
The following speakers spoke on items that were not on the agenda:
The following individuals spoke about animal abuse in Gilroy:
Mariah Gomez
Ron Kirkish
Cheryl Parks
Stephanie Elle
Al Pinheiro requested Council to revisit the trash collection debt ordinance and the social host fireworks ordinance.
Nancy Maciel from the Gilroy Downtown Business Association reminded the public to shop and dine downtown on November 26th and thanked the City for supporting the citywide banners.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendariz offered condolences to community members that lost their pets to the abuse and to the survivors, friends, and family members that were affected in the ClubQ attack in Colorado Springs. She also reported on Santa Clara Valley Habitat Agency Implementation Board and CalTrain Policy Group.
Council Member Marques offered her condolences to community members that lost their pets to the abuse.
Council Member Tovar offered his condolences to community members that lost their pets to the abuse. He also reported on 2023 World Kindness Day and spoke with high-tech CEOs at the event.
Council Member Leroe-Muñoz reported Silicon Valley Regional Interoperability Authority Board. He also thanked those who were part of the Veteran's Day Parade to the volunteers who attended the Commissioner Appreciation Dinner.
Mayor Blankley reported the Veteran's Day Parade, Arbor Day Event at Sunrise Park, and the Commissioner Appreciation Dinner. She also reported that she along with City Administrator Forbis, Police Chief Espinoza, Fire Chief Wyatt, and Public Works Deputy Director Jones visited a temporary housing place in San Francisco.
Lastly, she noted the non-profit Digital Nest celebrated its 8th birthday.
5. COUNCIL CORRESPONDENCE
There were none.
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11/21/2022
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco requested a report from staff on fireworks citations and a report on water bills. City Administrator Forbis responded that the fireworks citations report will be provided in January and requested for Council to wait on the water bill report.
7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened public comment.
There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
7.1. City Council - Regular Meeting - Nov 7, 2022 6:00 PM A motion was made to approve the minutes.
7.2. Adopt a Resolution of the City Council of the City of Gilroy Authorizing the City Administrator to Execute a Non-Disclosure Agreement with W- Trans and Strategic Economics, Inc. and Release Confidential Sales Tax Data for Development of the Downtown Parking Management Plan A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-86
8. BIDS AND PROPOSALS
8.1. Award a Contract to Moore Iacofanco Goltsman, Inc. for Justice, Equity, Diversity, and Inclusion Consultation Services in the Amount of $114,905.
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:
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity, and inclusion consultation services in the amount of $114,905.
RESULT: AWARD CONTRACT [5 TO 1 WITH 1 ABSENCE]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Leroe-Muñoz, Marques, Tovar NAYS: Dion Bracco
ABSENT: Zach Hilton
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9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of Gilroy Adopting a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services and a Finding that Its Action in Adopting the Ordinance is Exempt From Review Under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance Will Continue an Existing State-Mandated Program for the Protection of Public Health and the Environment, and None of the Circumstances in CEQA Guidelines Section 15300.2 Apply.
Assistant to the City Administrator Atkins provided staff presentation on items 9.1 and 9.2 combined and responded to Council Member questions.
Mayor Blankley opened Public Hearing at 7:12 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 7:12 PM.
Possible Action:
a) Motion to read the ordinance by title only and waive any future reading.
RESULT: READ TITLE ORDINANCE AND WAIVE FURTHER
READING [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Zach Hilton
City Clerk Pham read aloud the title of the urgency ordinance. b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy approving a franchise agreement with Recology South Valley for solid waste hauling services.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Zach Hilton
Enactment No.: Ordinance No. 2022-09
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9.2. Introduction of An Ordinance of the City Council of the City of Gilroy Adopting a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services and a Finding that Its Action in Adopting the Ordinance is Exempt From Review Under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance Will Continue an Existing State-Mandated Program for the Protection of Public Health and the Environment, and None of the Circumstances in CEQA Guidelines Section 15300.2 Apply.
Mayor Blankley opened Public Hearing at 7:15 PM.
David Matuszak stated that the agreement is a step in the right direction but had concerns about the spring mattress pickup and pop-up stations in downtown and Miller Park not complying with the organic waste regulations.
Mike Kelly, General Manager of Recology South Valley, briefly responded to the previous speaker’s concerns and responded to Council Member questions.
There being no speakers, Mayor Blankley closed Public Hearing at 7:21 PM.
Possible Action:
a) Motion to read the ordinance by title only and waive further reading.
RESULT: READ TITLE ORDINANCE AND WAIVE FURTHER READING
[UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
City Clerk Pham read aloud the title of the ordinance.
b) Introduce an Ordinance of the City Council of the City of Gilroy Approving a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
9.3. Proposed Rezoning, Tentative Map and Architectural and Site Review to Develop 3.37 Acres with a 45 Unit Townhouse Project (Royal Way Townhomes).
Mayor Blankley asked Council Members if they received any ex-parte communications.
Council Members Bracco, Armendariz, Marques, and Mayor Blankley reported they met with the developer and residents near the project.
Senior Planner Tambornini provided staff presentation and responded to Council Member questions. Dustin Bogue, the applicant, also responded to Council Member questions.
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Mayor Blankley opened Public Hearing at 7:35 PM.
Rodney Pickett stated he had some privacy concerns and would support the project if certain conditions were met.
Mae Valentino Pickett stated she was in support of the Royal Way Townhomes Project.
Renee Rocca voiced concerns about the potential fire danger and wanted fire and traffic study reports with regard to the project.
Blanca Ramirez voiced concern about the project with regard to her dog and privacy.
Ron Kirkish inquired if there is any parking in the project There being no further speakers, Mayor Blankley closed Public Hearing at 7:46 PM.
Possible Action:
Motion to read the ordinance by title only and waive further reading.
RESULT: READ TITLE ORDINANCE AND WAIVE FURTHER READING
[UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
City Clerk Pham read aloud the title of the ordinance.
Introduce an Ordinance of the City Council approving adoption of a Planned Unit Development Overlay Zoning Amendment for property at Royal Way (file number Z 21-05)
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
x Resolution approving a Tentative Map for a 45-unit townhome development (file number TM 21-04)
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
Enactment No.: Resolution No. 2022-87
x Resolution approving an Architectural and Site Review Permit to allow construction of a 45-unit townhome project on the property following approval of the associated PUD zoning amendment and tentative map.
A motion was made by Council Member Leroe- Muñoz, seconded by Council Member Tovar, to adopt the resolution with the following amendment in the
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Conditional Use Permit:
Install a solid 8-foot tall redwood fence along the shared property line of the lots on Antonio Court and the fence shall be constructed with a minimum of 6-inch by 6-inch posts and a pressure-treated kickboard to close the bottom of the fence.
The motion was carried by the following vote:
RESULT: APPROVE AS AMENDED [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
Enactment No.: Resolution No. 2022-88
9.4. Adopt an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments
Community Development Director Goei provided staff presentation on items 9.4,
9.5, and 9.6 combined and responded to Council Member questions.
Mayor Blankley opened Public Hearing at 8:00 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 8:00 PM.
Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.1,
6.6, and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2021 International Property Maintenance Code, and 2021 International Swimming Pool and Spa Code, with amendments.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
Enactment No.: Ordinance No. 2022-10
9.5. Adopt an Ordinance Adopting by Reference the 2022 California Green Building Standards Code with Amendments
Mayor Blankley opened Public Hearing at 8:01 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 8:01 PM.
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Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.6 and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
Enactment No.: Ordinance No. 2022-11
9.6. Adopt an Ordinance Adopting by Reference the 2022 California Fire Code with Amendments
Mayor Blankley opened Public Hearing at 8:01 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 8:02 PM.
Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 10.9 and 10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2022 California Fire Code with amendments.
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton
Enactment No.: Ordinance No. 2022-12
10. UNFINISHED BUSINESS
There were none.
11. INTRODUCTION OF NEW BUSINESS
11.1. Agricultural Zoning Districts and Establishment of Agricultural, Resource, and Open Spaces Uses Including Beekeeping
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Mike Phillips stated the safety concern was overblown and that City already has feral beehives.
Sara Cutrignelli, Vice President of the Gilroy Beekeeper Association, emphasized the importance of bees and beekeeping and requested that the City work off on existing ordinances from other cities.
Robert Weaver took issue with the way the staff report was written and stated that staff should have separated bees from barnyard animals.
Gurmon Randhawa, part of the Gilroy Bee Association, emphasized the
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importance of honeybees.
Stefanie Elle emphasized the importance of honeybees and stated she was disappointed with the way the staff report was written.
Gondie Chavez expressed her support for urban beekeeping ordinance within the City.
Cheryl Parks expressed her support for an urban beekeeping ordinance within the City.
Ron Kirkish expressed his support for an urban beekeeping ordinance within the City.
Dudrpreet Randhawa expressed his support for an urban beekeeping ordinance within the City.
There being no further speakers, Mayor Blankley closed Public Comment.
Possible Action:
Council direction not to proceed with pursuing policies permitting agriculture operations, including beekeeping, outside of agriculture districts.
The council directed staff to add the urban beekeeping ordinance into the discussion during the strategic planning workshop meeting.
12. CITY ADMINISTRATOR'S REPORTS
City Clerk Pham reported on the status of the election results timeline.
Police Captain Smith reported on the status of the animal abuse within the City.
City Administrator Forbis thanked those who attended the Arbor Day event. He also encouraged everyone to visit the Dolores Huerta Exhibit at the Gilroy Library.
13. CITY ATTORNEY'S REPORTS
There were none.
14. CLOSED SESSION
There were none.
15. ADJOURNMENT
The meeting was adjourned at 9:16 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.
/s/ Thai Nam Pham, CMC, CPMC
City Clerk