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All right, let's get this meeting started. Please, it's 5 o'clock. Call the order of the special

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study session. Roll call, please. Council member Baracko. Council member Klein. Council member Futati.

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Council member Hilton. Council member Marks. Council member Ramirez. Here, Mayor Bozo. Here. Thank you very much. So we will get right into it. This is a special study, a C map study session. And I'll lay out the expectations today. We have one hour. Because we do have a city council meeting right after this.

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So we're going to go right to staff presentations. And then right after that, we have presentations by C map.

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That you guys can have the center mic here. Please. And then city council will have some questions. If there is time for regular public comment, we'll go to that.

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And then I would like to leave 15 minutes or so at the end of the meeting for council direction.

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So with that being said, take it away.

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Good evening, Mayor and Council. Tonight, we're going to review our community media access partnership. We're going to start with a little bit of background, a little bit about the contract with C map.

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And then we're going to talk about the funding.

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So to start with the background, charter communications and AT&T granted a state franchise to provide a cable video services in Gilroy, Hollister and San Juan,

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about to serve her the digital infrastructure and video competition act of 2006 or DIVCA.

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Prior to that time, there were other franchise laws and agreements in place. DIVCA kind of took this to another level.

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DIVCA provides channel capacity for public educational and government access or peg.

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And authorizes cities to receive payments from state franchisees for peg access purposes. These are called peg fees.

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In 2001, Gilroy Hollister and San Juan, about TSA formed C map or community media access partnership.

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As an organization to develop, manage, and administer the peg access channels in a community media center.

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Under this agreement, peg fees 100% of those of which came from charter to the city have been remitted to C map.

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And 20% of cable franchise fees, which were provided to the city from charter were remitted to C map.

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The difference in the 20% to 22% depends on the contract because we've had various contracts since 2001.

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And then in this most recent contract that started at 20% and then moved to 22% after that first year of the contract.

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In 2020, the current five year agreement was negotiated and in January 1, 2021, that contract was entered into.

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It was entered into by C map and the three cities and this contract expires on December 31, 2025.

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In January 2025, the city in preparation for a potential renewal commenced contractual performance review of the agreement and the services and submitted several information requests to C map.

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Among these requests, we were asking for annual reports, year in financial statements and account statements showing the fund balance for the special banking sub-account for the purchase of city council chambers broadcasting equipment.

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The 10 year plan for council chambers broadcasting equipment replacement and an independent financial audit all of these items are required by the contract.

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In April of 2025, the city issued a letter of non-compliance to C map per the agreement and with this letter of non-compliance, it commenced the 100 days to cure the reaches as required by the contract.

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So that 120 day cure period was set to expire on August 20, 2025.

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I believe we did extend it by about 30 days after discussing with C map on some of the challenges that they were facing in providing this material to us.

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In November 2025, so our current where we are right now, certain of these items have been cured of they have been able to provide us some of the reports.

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But other key provisions have not been cured, notably the 2023 and 2024 financial statements and the independent audit.

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We believe that there are likely other non-compliance items that are still out there.

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One is that we're kind of looking at are the insurance requirements.

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Also, there's a requirement for an independent performance review which was supposed to be completed after the fourth year of the contract.

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So under this contract, C map has certain obligations.

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One is to operate the peg channels.

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So that public access channel, the education channel, the government channel.

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These are the channels on cable TV which are channel 1718 and 19.

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In addition, they're required with operating a community media center.

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They're required to have policies and procedures for use and operation of the peg equipment, facilities and channels.

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They're in charge of the playback in the cable cast for these channels.

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They're programming the channels making sure that there's shows running on the channels.

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And they're in charge for maintenance of the equipment.

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So in the media center, they have a wide range of equipment in there that they're in charge of maintaining.

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There's also equipment here at City Hall that connects their feed to the cable feed.

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So they're in charge of maintaining that.

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And then under this agreement, whatever equipment that they replace in our council chambers with that fund that they set aside,

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they would be in charge of maintaining that equipment as well.

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They are required under this agreement to provide staffing for video production services for council and planning commission meetings.

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This piece we halted because we had an ongoing issue with reliability and with their staffing train to run our equipment.

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We had multiple times where new people were just thrown in here without having seen our equipment before knowing how to run our equipment.

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And then ultimately we had an issue where their staff left the audio run during a closed session.

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And we didn't find out about it until it received a call from a community member letting us know that the audio was able to be heard.

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So at that time we stopped using CMAP staff for the video production services and we're currently outsourcing that to a third party vendor.

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This vendor has been extremely reliable.

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It's now all completed remotely.

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So they have a variety of staff that can perform this recording of our meetings for us.

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And we've never had an issue with them leading the cameras on, leading the audio on.

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They've done a job for us.

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In addition to these obligations, there's a reporting requirement.

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Some of which we've touched on already, but just to go through them really quickly.

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The annual planning budget and reports regarding statistics on programming.

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Year in financial statements by an independent CPA and audit every three years by an independent CPA.

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And just to point out that audit's really important because that's one of the mechanisms that we have to ensure that the way they're using the funding is in compliance with the legal requirements for how those funds are required to be used.

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They're required to have a independent performance review after the fourth year of the contract.

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There's certain insurances are required to have.

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And then there is a provision in the contract that a city request, they'll provide a certain number hours of video production services if the city desires.

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Two date we haven't used that provision because we've been focused on trying to get these reports and the requirements of the contract in place before we ask them to provide.

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Other services that are a nice benefit, but not required by the contract.

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And with that, I'm going to turn it over to Harjo to go over some of the funding in the numbers.

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Thank you.

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Harjo, it's not going to be the final instructor with the city of Gilroy.

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I'll cover the next few slides to begin.

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So with respect to funding, what's been provided to see map under the current agreement.

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On average, Gilroy has contributed about $250,000 to see map or approximately about a million dollars over the four years.

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That consists of two categories of payments.

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One is the franchise fees.

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So about $65,000 on average and then the peg fees that are collected by the operators roughly about $187,000 on that.

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We did pause the funding earlier this year due to non-compliance and with respect to other agencies.

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You know, how much are they contributing?

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They're contributing about $224,000 a year.

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And on this slide, I've deleted staff estimates based on the financial statements that were provided for 2021 and 2022.

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So again, on average, $170,000 a year and peg fees is coming from the other agencies.

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One of the qualified uses of those funds, again, the peg fees do are required to be spent on capital expenditures to maintain facilities and equipment for the peg access.

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And then with respect to the franchise fees, they're general fund use.

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So no certain requirements are tied to those.

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Our concern primarily is in the peg funding, how is that currently being spent and are we compliant or is there exposure for the city on that front.

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Again, the key provisions that we outlined where we are currently is we have two that are in compliant, which is the proof of the 10% set aside and a separate sub-account.

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A team up has also since the information request, developed a equipment replacement plan.

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There are two items that are non-compliant, which are the annual reports regarding the activities during the preceding fiscal year, as well as the financial statements and the independent fiscal audit.

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They are currently in process, they have completed the financial statements for 2021 and 2022 as of last Friday.

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And I believe there is a plan to complete the subsequent years by December.

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Again, you believe there may be other areas of non-compliance, particularly insurance, the fourth year performance review that's required.

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I believe this was these were additional stipulations that the council at that time had built into the agreement given the concerns.

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They wanted an opportunity in the fourth year after the fourth year to review the performance of the agreement.

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And then also in July of 2025, seem upupated there bylaws to effectively remove the city's voting rights on the board.

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We still have a position on the board, but no voting rights.

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So staff have expressed concerns on that front as well.

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So with respect to next steps, we're really here before you to get council direction on where we're headed in the future.

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So the first option is again, knowing that there are challenges with the current agreement and itself with compliance related issues.

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One option is, you know, you can direct us to renew the seam up agreement, but our recommendation would be under a restructor scope and funding on an ad be going on a going forward basis.

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The other option is to transition to internal management where we would administer the fees to ensure they are spent in compliance with the laws.

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And then we would take on developing a program in house and we did survey about seven cities, five of them are managing them.

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A majority of them are managing them internally or through some sort of a similar arrangement, separate organization where they petition the cities to provide funding.

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The third is a hybrid option where we would conduct a RFP for specific services that this council desires to offer and then we would obviously solicit those proposals from other organizations and of course seeing up would be an organization that would.

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likely be invited to participate in the RFP process as well.

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Which to do so.

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Alternative uses of funding again, pet fees really are required to be spent on broadcasting equipment, upgrades and main team those facilities.

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Recently the state has enacted Senate Bill 77 which outlines changes to the Brown Act and does require the city to make an investment to the technologies that are.

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that are offered here in the council chamber, so we believe there is a next is we already have a requirement that we would need to fulfill and can utilize those those fees for.

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With respect to franchise fees again, if we were to bring this in house, we would either through our recreation division or a third party developing program to offer.

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You know media literacy classes or similar scope of services and then formulate an agreement for services based on that which would be more so.

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Organizations are paid or vendors are paid after the services are rendered so it be on an actual expenditure basis.

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So those are the alternative uses of the funds that concludes the staff's presentation and I'm happy to take questions now or I'll turn this back over to the mayor.

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Yeah, we're we are going to go right to presentation by C map and then we'll if we have we will have questions for staff right after this as well.

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Thank you take it away Mike.

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Good evening city council staff everybody here thank you for being here.

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Where to begin.

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I became the executive director of C map on February 4th 2024.

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I came in with the understanding that things need to be improved upon reorganized.

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I knew that we were 20 months or so away from renegotiating contracts or contract expiration, I'll say.

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And I knew there was a lot of work to do. My sales pitch to the hiring committee was, this place is a mess I'm here to fix it up. They believe me.

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On February 5th, 2024, I walked into the upstairs office and facilities basically and then I realized, oh my God, I had no idea.

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So nobody here, actually except for your city, representative who's been on a board, has been there from 2021 to 2024. Nobody. Everybody's new.

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What we've been able to do was put our head down, create a community media center, which is the first and only in the region that accepts everyone in the community.

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It allows everybody to express their individual artistic ability, the creativeness, it's welcoming, it's friendly and open, it's collaborative.

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And in addition to that, we went to work on getting these compliance issues handled.

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What we learned was because when the last group of leadership left, the only semblance of leadership was a few board members who had been there for the time.

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And let me start correct it. So resale is recently at eight years of a six year term has removed yourself from the board.

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But in February of 2024, we had roughly five people held over that board members.

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What became really clear was, I came in as a change agent, I came in to improve things I came in to really make seem up what I remember it being in 2001 through about 2006 when I had familiar early and part and with them on different things.

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They were incredible and amazing and a great resource. I wanted to bring that back.

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Change agents if you are one, realize that you get a lot of turbulence in the air when you try to relaunch.

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To sum up the past 20 months, we faced every kind of obstacle. We faced, we faced, we faced, we faced board members who've met with lawyers to talk about my termination.

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Even though they never approached me to have a conversation or talk about performance or anything like that, change is scary.

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With that, I was able to piece together a very incredible team working with Gavin College who is our strategic partner.

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To put together a group that can service the community to help the city council and the city of Gilroy fulfill your charter to enhance the lives of your residents.

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I'm a big city council, I'm a big city of Gilroy supporter, I always have been.

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And what I can share with you is that my experience trying to revive seam up.

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I've met with some city council members and or city staff people who are very supportive, very collaborative.

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And I've met and had to kind of run up against others who aren't.

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It's a adult world out there, I'm an adult, I am happy that I'm standing here, able to present to you.

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But without that little bit of history,

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I don't know if you could appreciate where we are today and that's the point of this.

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Where we are today is providing government meeting recordings and playback for all the municipalities in our contract except for Gilroy.

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When it was brought up to me in 2024 about October that we were not streaming or taking care of meetings in Gilroy.

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I think within a day or two, I had our then operations manager reach out to our city representative.

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And we have been looking for solutions ever since.

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We don't want to replace what you currently have to quote one of you up there.

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It was broken, it's fixed, don't mess with it.

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I kind of agree with that.

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But what I have a problem with is your contractor provided us with the exact.

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The exact connection in the exact slot so that we can also stream and fulfill our contractual obligations.

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I don't know what happened and I could imagine how bad service was in 2022, 2023 when this all went down.

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But what I can share is that I have provided that information and I believe it was March of this year, may let me correct that.

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We have yet to be able to connect our equipment, technically your equipment that we steward.

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To be able to fulfill our contractual obligation.

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So there's.

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You guys probably know when you're trying to rebuild something and there's a little bit of lack of organization or maybe some relationships that aren't as good as you'd like them to be.

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You go, you go to repair mode.

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That's what we've been doing.

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We've been trying really hard to get our connection back so that we can represent the city the way that we are contractual obligated to.

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I will add that we do have insurance and I'm happy to provide anything that you want as far as policies improve.

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And I'm.

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It's pretty much it.

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I'm here to answer your questions to find a path forward.

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I believe see map has come back in 20 months to be the cutting edge community media center that we are.

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We provide excellent proven.

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Service.

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We troubleshoot equipment that goes down we solve problems.

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We are responsive.

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We are professional.

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And I think it deserves a deeper look than.

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What stuff is proposing.

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And I'm again happy to answer any questions at the proper time.

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Thank you.

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Thank you.

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Okay.

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So now we'll go back more of.

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Once you come back up.

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I'm assuming there might be some questions from staff.

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I'll give me the council.

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So any questions?

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I don't see any questions.

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Kelly.

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Council member.

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Once you go first.

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I do.

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Finally.

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So thank you.

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Both for your presentations.

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I have a bunch of questions.

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I don't know who.

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To direct them at.

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Do I just throw them out there and have either you or Mr. Sanchez.

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Sure.

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Answer them.

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Yeah.

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Some I think are more directed for you.

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Some are more first off.

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Sure.

201
00:23:13,000 --> 00:23:17,000
One of the questions I have is why is our city representative.

202
00:23:17,000 --> 00:23:20,000
No longer a voting member on the board.

203
00:23:20,000 --> 00:23:23,000
I think I.

204
00:23:23,000 --> 00:23:24,000
Yeah.

205
00:23:24,000 --> 00:23:25,000
You should stay up here.

206
00:23:25,000 --> 00:23:26,000
Mike.

207
00:23:26,000 --> 00:23:27,000
If you'd like.

208
00:23:27,000 --> 00:23:29,000
So we get through this phase.

209
00:23:29,000 --> 00:23:30,000
Thank you.

210
00:23:34,000 --> 00:23:39,000
The question is why does your city representative no longer have the ability.

211
00:23:39,000 --> 00:23:43,000
Bylaws have been actually.

212
00:23:43,000 --> 00:23:50,000
It seems to be revised since at least 2020.

213
00:23:50,000 --> 00:23:53,000
Former leadership has never been able to do it.

214
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We got there.

215
00:23:56,000 --> 00:23:59,000
We're able to bring on some board members who are very active.

216
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Very proactive, very professional.

217
00:24:01,000 --> 00:24:03,000
And we started working on the bylaws.

218
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And we got them revised.

219
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The reason.

220
00:24:08,000 --> 00:24:13,000
Not just your city representative but all municipal representatives.

221
00:24:13,000 --> 00:24:20,000
Being treated as strategic partners and advisors to our board as opposed to voting members.

222
00:24:20,000 --> 00:24:23,000
Came down to a couple of issues that we debated.

223
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One was conflict of interest.

224
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Especially in regards to.

225
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City.

226
00:24:30,000 --> 00:24:35,000
And the logic behind that was.

227
00:24:35,000 --> 00:24:39,000
The department that the city representative represents.

228
00:24:39,000 --> 00:24:41,000
Basically.

229
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Benefits from any funds.

230
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Not paid to see him out.

231
00:24:46,000 --> 00:24:48,000
Um.

232
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That right there would.

233
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Be something of concern.

234
00:24:53,000 --> 00:24:54,000
Um.

235
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We didn't have any other municipal representatives because.

236
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The former board.

237
00:25:01,000 --> 00:25:05,000
They never saw fit or never assigned somebody to go after the.

238
00:25:05,000 --> 00:25:07,000
The municipalities and say, hey, you have a seat.

239
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Come and come and represent.

240
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So the only.

241
00:25:11,000 --> 00:25:13,000
Uh oh.

242
00:25:13,000 --> 00:25:16,000
You'll get a chance.

243
00:25:16,000 --> 00:25:17,000
That's my bouncer.

244
00:25:17,000 --> 00:25:18,000
Sorry.

245
00:25:18,000 --> 00:25:20,000
You'll get a chance.

246
00:25:20,000 --> 00:25:21,000
Um.

247
00:25:21,000 --> 00:25:23,000
So.

248
00:25:23,000 --> 00:25:24,000
The city.

249
00:25:24,000 --> 00:25:27,000
The only one that had a representative.

250
00:25:28,000 --> 00:25:31,000
From personal experience being the executive director.

251
00:25:31,000 --> 00:25:33,000
I was routinely.

252
00:25:33,000 --> 00:25:35,000
Called out in meetings.

253
00:25:35,000 --> 00:25:37,000
off agenda.

254
00:25:37,000 --> 00:25:38,000
With.

255
00:25:38,000 --> 00:25:39,000
Leading.

256
00:25:39,000 --> 00:25:42,000
There's an accusation that.

257
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For example.

258
00:25:43,000 --> 00:25:47,000
There's an accusation that you fired somebody read for Christmas.

259
00:25:47,000 --> 00:25:52,000
Did you want me to answer that.

260
00:25:52,000 --> 00:25:56,000
There's an accusation that you spent 54 dollars on gas.

261
00:25:56,000 --> 00:26:00,000
It's a personal use.

262
00:26:00,000 --> 00:26:01,000
There's an.

263
00:26:01,000 --> 00:26:03,000
So on and so on.

264
00:26:03,000 --> 00:26:04,000
Um.

265
00:26:04,000 --> 00:26:08,000
Another example is the fact that.

266
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If a board member on a seam up board.

267
00:26:13,000 --> 00:26:17,000
Doesn't put the benefit the.

268
00:26:17,000 --> 00:26:22,000
Future and growth and success of seam up first.

269
00:26:22,000 --> 00:26:25,000
They probably don't belong at least with a voting.

270
00:26:25,000 --> 00:26:27,000
The position on the board.

271
00:26:27,000 --> 00:26:30,000
Now we take our advisors and our.

272
00:26:30,000 --> 00:26:33,000
Uh, strategic partners very seriously.

273
00:26:33,000 --> 00:26:36,000
We're building alliances with a lot of different agencies.

274
00:26:36,000 --> 00:26:38,000
We want everybody at the table.

275
00:26:38,000 --> 00:26:43,000
But in order for us to make the changes as fast as we have and to keep growing in the direction we are.

276
00:26:43,000 --> 00:26:47,000
We have to bring in the vote to people who have see maps.

277
00:26:47,000 --> 00:26:51,000
Growth and prosperity and success to benefit the community.

278
00:26:51,000 --> 00:26:52,000
First.

279
00:26:52,000 --> 00:26:53,000
Thank you.

280
00:26:53,000 --> 00:26:54,000
Thank you.

281
00:26:54,000 --> 00:26:56,000
So before I go to council member Fugati.

282
00:26:56,000 --> 00:26:57,000
Council member.

283
00:26:57,000 --> 00:26:58,000
You said you had a few questions.

284
00:26:58,000 --> 00:26:59,000
You want to keep going.

285
00:26:59,000 --> 00:27:00,000
Yes.

286
00:27:00,000 --> 00:27:01,000
If you don't mind.

287
00:27:01,000 --> 00:27:02,000
Thank you.

288
00:27:02,000 --> 00:27:03,000
I'm.

289
00:27:03,000 --> 00:27:04,000
Heart.

290
00:27:04,000 --> 00:27:05,000
Would you be able.

291
00:27:05,000 --> 00:27:07,000
Like the other cities that have contracts like this.

292
00:27:07,000 --> 00:27:10,000
Do they do you know whether or not they have.

293
00:27:10,000 --> 00:27:12,000
Representatives that are voting members of the board.

294
00:27:12,000 --> 00:27:16,000
It's not uncommon for for city to be providing funding is.

295
00:27:16,000 --> 00:27:17,000
And also have a voting.

296
00:27:17,000 --> 00:27:20,000
See on the board of a third party organization.

297
00:27:20,000 --> 00:27:22,000
As is the case with.

298
00:27:22,000 --> 00:27:23,000
You know here.

299
00:27:23,000 --> 00:27:24,000
Well then.

300
00:27:24,000 --> 00:27:25,000
Gilroy we have visit.

301
00:27:25,000 --> 00:27:28,000
Obviously we have a council member that's representative.

302
00:27:28,000 --> 00:27:29,000
We provide funding to visit.

303
00:27:29,000 --> 00:27:30,000
Gilroy or other.

304
00:27:30,000 --> 00:27:31,000
But there are.

305
00:27:31,000 --> 00:27:34,000
And the funding that you provide is absolutely earmarked.

306
00:27:34,000 --> 00:27:35,000
It's not.

307
00:27:35,000 --> 00:27:36,000
Okay.

308
00:27:36,000 --> 00:27:37,000
That's my understanding.

309
00:27:37,000 --> 00:27:38,000
Okay.

310
00:27:38,000 --> 00:27:45,000
Does the board adopt a budget split a spend plan to.

311
00:27:45,000 --> 00:27:48,000
To demonstrate physical stewardship.

312
00:27:48,000 --> 00:27:49,000
Yes.

313
00:27:49,000 --> 00:27:51,000
In a perfect world.

314
00:27:51,000 --> 00:27:52,000
Absolutely.

315
00:27:52,000 --> 00:27:56,000
What we have been doing with the yearn reviews that we've been.

316
00:27:56,000 --> 00:27:58,000
Completing to submit to the city.

317
00:27:58,000 --> 00:28:01,000
And our audit that's in process.

318
00:28:01,000 --> 00:28:03,000
Is we've been.

319
00:28:03,000 --> 00:28:07,000
Restructuring our accounting and accountability.

320
00:28:07,000 --> 00:28:09,000
When it comes to finance.

321
00:28:09,000 --> 00:28:11,000
Because again, getting in.

322
00:28:11,000 --> 00:28:12,000
When I did.

323
00:28:12,000 --> 00:28:13,000
Seeing.

324
00:28:13,000 --> 00:28:15,000
Where things were.

325
00:28:16,000 --> 00:28:20,000
I'm not going to ascribe any malfeasance or or anything to anybody.

326
00:28:20,000 --> 00:28:22,000
I can just say that.

327
00:28:22,000 --> 00:28:25,000
Our finances were not as clean and.

328
00:28:25,000 --> 00:28:26,000
And.

329
00:28:26,000 --> 00:28:27,000
Clear.

330
00:28:27,000 --> 00:28:30,000
As we should be to operate.

331
00:28:30,000 --> 00:28:33,000
From a from a physical stewardship.

332
00:28:33,000 --> 00:28:34,000
Um.

333
00:28:34,000 --> 00:28:35,000
Situation.

334
00:28:35,000 --> 00:28:38,000
So one of the things that I will.

335
00:28:38,000 --> 00:28:41,000
Uh commit to you and promise and we are working on this.

336
00:28:41,000 --> 00:28:43,000
I promise you is.

337
00:28:43,000 --> 00:28:45,000
We will have a budget.

338
00:28:45,000 --> 00:28:46,000
For.

339
00:28:46,000 --> 00:28:48,000
Twenty twenty twenty six.

340
00:28:48,000 --> 00:28:50,000
Be for.

341
00:28:50,000 --> 00:28:51,000
They probably.

342
00:28:51,000 --> 00:28:54,000
I think I have the 20th of December as our target date.

343
00:28:54,000 --> 00:28:57,000
Part of that reason is because as we're going through these.

344
00:28:57,000 --> 00:28:59,000
You're in reviews and audited.

345
00:28:59,000 --> 00:29:00,000
It's helping us.

346
00:29:00,000 --> 00:29:03,000
To look at the books and make sure that we're aligned.

347
00:29:03,000 --> 00:29:06,000
And then also we're trying to align ourselves.

348
00:29:06,000 --> 00:29:08,000
Budget wise to go after grants.

349
00:29:08,000 --> 00:29:09,000
There's.

350
00:29:10,000 --> 00:29:15,000
Easy couple hundred thousand quarter million dollars grants a year available to us because of what we do.

351
00:29:15,000 --> 00:29:17,000
We want to go after that money.

352
00:29:17,000 --> 00:29:18,000
And.

353
00:29:18,000 --> 00:29:21,000
Be considered as an investment from the city.

354
00:29:21,000 --> 00:29:24,000
That is finding their own funding from different sources.

355
00:29:24,000 --> 00:29:27,000
And by their being good stewards.

356
00:29:27,000 --> 00:29:29,000
Okay.

357
00:29:29,000 --> 00:29:30,000
So.

358
00:29:30,000 --> 00:29:31,000
Um.

359
00:29:31,000 --> 00:29:32,000
Some of the.

360
00:29:32,000 --> 00:29:34,000
The agreement has a couple of.

361
00:29:35,000 --> 00:29:39,000
And what it means is that the point is we're going.

362
00:29:39,000 --> 00:29:42,000
Requirements.

363
00:29:42,000 --> 00:29:43,000
Section one.

364
00:29:43,000 --> 00:29:44,000
D.

365
00:29:44,000 --> 00:29:46,000
Policies and procedures.

366
00:29:46,000 --> 00:29:49,000
See map shall develop policies and procedures for the use.

367
00:29:49,000 --> 00:29:53,000
An operation of peg access equipment and shall file these policies and procedures with the cities.

368
00:29:53,000 --> 00:29:56,000
Have you done that.

369
00:29:56,000 --> 00:29:58,000
We have not.

370
00:29:58,000 --> 00:30:02,000
We are working on that.

371
00:30:00,000 --> 00:30:07,640
As of right now, I will say that we have not completed it. Section 1, Jay, performance review, that

372
00:30:02,000 --> 00:30:03,000
Um.

373
00:30:07,640 --> 00:30:14,600
has still not been done. Is that correct? We have contracted with a person to do the review

374
00:30:14,600 --> 00:30:21,000
back in August, the week that she was going to start for farther past the way. It's kind

375
00:30:21,000 --> 00:30:27,440
of been the story of how things are going over here. So we just reached out and found another person

376
00:30:27,440 --> 00:30:32,560
to call a five. Suzanne St. John, I don't know if you guys remember her name. She was the actual

377
00:30:32,560 --> 00:30:40,560
founding CEO executive director of CMAP in 2001. She and her husband, consulting agency, we're

378
00:30:40,560 --> 00:30:46,360
meeting with her on Wednesday to get the performance review completed. Okay, and you're working

379
00:30:46,360 --> 00:30:51,800
on the insurance, you said. No, we have insurance. I just need to work on getting you proof. Okay, so you just

380
00:30:51,800 --> 00:30:55,640
haven't submitted. So remember, we're married after the next question, I'd like to move around. Okay,

381
00:30:55,640 --> 00:31:01,440
so I have let me ask one more. Do you have doubted that quantifies the benefit to the

382
00:31:01,440 --> 00:31:07,080
Gilroy community, for example, how many Gilroy youth have you had in your programs or taking

383
00:31:07,080 --> 00:31:17,960
classes, things like that? We do and in our annual report that you have and I'll qualify the annual

384
00:31:17,960 --> 00:31:24,400
report. There's no financial data in it because again, we're waiting for the audits and year-in

385
00:31:24,400 --> 00:31:32,000
reviews so that we can establish our 2025 budget. It will be revised and with all the other

386
00:31:32,000 --> 00:31:39,840
years that are due, you will get all these, but we're waiting on the final audits in year-in-reviews. But in

387
00:31:39,840 --> 00:31:47,360
here, there is data, and I will tell you, the work that we've done has really been laying the groundwork.

388
00:31:47,360 --> 00:31:52,720
Now, we've had thousands of people come through in open houses and different tours and different

389
00:31:52,720 --> 00:31:59,760
events that we've had. We've had hundreds of people come in and do different types of training. We have

390
00:31:59,760 --> 00:32:07,360
a full podcast room that we actually are securing contracts to do podcasts for community individuals

391
00:32:07,360 --> 00:32:16,160
and or businesses, but we're just getting started as far as all the work that we've been doing

392
00:32:16,880 --> 00:32:24,160
has been to the undercarriage to the foundation. Now, we are ready to launch our marketing.

393
00:32:24,800 --> 00:32:29,760
We have our online memberships that are going online. We have our class schedule for the spring.

394
00:32:31,280 --> 00:32:41,200
So, the data isn't impressive now, but that's because we had to get to this point to be ready to take on

395
00:32:41,200 --> 00:32:50,800
youth and community members. I will say that we have been in communication with both the

396
00:32:52,160 --> 00:32:56,480
Hulcer Unified School District, San Bernardino Reunified School District. They've had tours from the

397
00:32:56,480 --> 00:33:04,400
high school group. We've been in a couple meetings with Giora Unified and YMCA and we're looking at

398
00:33:04,400 --> 00:33:12,960
potentially doing some power school activities. There's a lot. This sounds like a snow job, but

399
00:33:12,960 --> 00:33:17,600
there's a lot coming. That's all I can say and that's all I've been saying is there's a lot coming,

400
00:33:17,600 --> 00:33:22,400
but there's been a lot of work that we've had to do to get her. Thank you. Thank you.

401
00:33:22,400 --> 00:33:29,680
Council members, we've got you. Yeah, first question, Harzo, the funding that comes in,

402
00:33:29,680 --> 00:33:36,320
if we were to take this internal, there's certain things that we can spend that on and they might be in

403
00:33:36,320 --> 00:33:44,960
different places. How do you guys see that going forward is there in terms of providing the services that need to

404
00:33:44,960 --> 00:33:53,520
be there for us here as well as the community engagement or community services that have to also be provided?

405
00:33:53,520 --> 00:34:03,280
So, if I'll take it in two parts one, I think your, if the city were to retain the funding internally

406
00:34:03,280 --> 00:34:10,480
for peg fees component, we have qualifying expenditures. Primarily the audio video and the chambers

407
00:34:10,480 --> 00:34:16,720
as well as the broadcasting equipment that's stored in there periodically every few years requires to be updated.

408
00:34:16,720 --> 00:34:25,360
So, the expenditure plan for peg fees can be set aside, built up and then be spent on on these projects.

409
00:34:25,360 --> 00:34:29,760
With respect to the franchise fees that we're currently providing,

410
00:34:29,760 --> 00:34:36,240
about 60, some 1000 staff would then come back if that's a direction council gives us to

411
00:34:37,280 --> 00:34:41,760
formulate a program, essentially internally, either within the recreation division or via the third

412
00:34:41,760 --> 00:34:49,040
party to contract for those services. And so that way whether it's media literacy classes,

413
00:34:49,040 --> 00:34:55,360
anything else related to the youth program that allows them to go ahead and develop content,

414
00:34:55,360 --> 00:35:00,320
things of that nature, we would develop that program in health. So, those peg fees in addition to providing

415
00:35:00,320 --> 00:35:05,200
the equipment here could provide equipment for those particular classes. How so? Yep. Okay.

416
00:35:05,200 --> 00:35:11,280
So if we, yeah, if this, yeah. And you said it was, I don't know, 170,000, some 100,000, 100,000,

417
00:35:11,280 --> 00:35:16,160
180,000 a year, right? That's quite a bit of equipment since we already have an investment in the equipment,

418
00:35:16,160 --> 00:35:23,680
in terms of just updating, right? Correct. Yeah. So, you know, I would probably say when in 2022,

419
00:35:23,680 --> 00:35:30,320
last time the city did the major upgrade, I think we spent close to 300,000 dollars in that in that year.

420
00:35:30,320 --> 00:35:35,920
So things are getting expensive. So while it is a sizable chunk, but if and when we were to do

421
00:35:35,920 --> 00:35:42,000
these modernization projects, you know, large chunk of those fees would be consumed, and then anything

422
00:35:42,000 --> 00:35:50,240
that's left, either, you know, we would buy equipment for those classes and things of that nature.

423
00:35:50,240 --> 00:35:57,280
So, but the services that we pay to basically manage the cameras during the meetings and whatnot,

424
00:35:57,280 --> 00:36:02,400
that can't come out of any of those funds, right? We're already budgeting and paying for those,

425
00:36:02,400 --> 00:36:09,680
so we're not counting that as coming out of these funding. It can't. You said it can. It can't.

426
00:36:09,680 --> 00:36:15,200
What does that amount to every year? Gosh, I want to say it's roughly about 30 to 40,000 dollars in

427
00:36:15,200 --> 00:36:21,040
subscription. Okay, because that's obviously what they're promoting that they would be doing those services

428
00:36:21,040 --> 00:36:27,680
as well, ostensibly for the same money, right? So the next question I have is actually,

429
00:36:28,720 --> 00:36:38,800
from Sanchez is 20 months since you've been there. I didn't see in here necessarily a layout plan of

430
00:36:38,800 --> 00:36:45,040
what's going to be different now than before. In other words, if you were not there before,

431
00:36:45,040 --> 00:36:49,600
and things were done poorly and you can find out probably from the city staff from what have you.

432
00:36:49,680 --> 00:36:54,640
Have you laid out a plan and given it to the city to say, this is, this is how we're going to

433
00:36:54,640 --> 00:36:58,320
do it differently. It's going to be exactly like this. This is how we're not going to make this mistake. This is

434
00:36:58,320 --> 00:37:06,640
what we're going to do. In regards to the annual report, there's a section in there that talks about the next 10

435
00:37:06,640 --> 00:37:13,360
years. Pardon me. I don't go for five years. I'm trying to go for 10. Strict like a strategic

436
00:37:14,160 --> 00:37:20,320
barebones plan. We haven't got that far. We've been dealing with getting into compliance.

437
00:37:20,960 --> 00:37:29,920
I'm happy not only to have our team present that plan, which we can do, I'd be even happier if

438
00:37:29,920 --> 00:37:35,120
the city wanted to be involved in that. We can partner and collaborate to create something that

439
00:37:35,120 --> 00:37:39,920
not just the city wants, but the community wants. We could be that bridge between the two.

440
00:37:40,240 --> 00:37:45,760
Yeah, I mean, one of the things that got me out of what you mentioned here and I just kind of pulled

441
00:37:45,760 --> 00:37:55,440
out of it that that set off my little Spidey senses is that you started there in February and in October,

442
00:37:55,840 --> 00:38:03,200
you realized that the feed wasn't happening. It took eight months for us to understand that the feed wasn't that's

443
00:38:03,280 --> 00:38:10,160
real concerning. Yeah, I'll tell you why or I'll give you my perspective. Let me in a really quick.

444
00:38:10,160 --> 00:38:14,960
We are 20 minutes away from 22 minutes away from six o'clock. I don't want you to stop. I don't need a long

445
00:38:14,960 --> 00:38:20,480
follow-up on that. Okay. Quick answer. You quickly could have one more. I was going to lay it out. We have one

446
00:38:20,480 --> 00:38:25,920
more question from council and then I'm going to go to real quick public comment because we need 15 minutes

447
00:38:25,920 --> 00:38:32,960
to do council direction. So go ahead. Okay. Quick answer. Our operations manager that was there when I was hired.

448
00:38:34,080 --> 00:38:41,120
Had full knowledge. Our board had full knowledge. There was no information dump. As you're there,

449
00:38:41,120 --> 00:38:46,400
you're new, you're like, what do I need to know? What do we got going on? And I'm putting out fires everywhere.

450
00:38:47,040 --> 00:38:53,200
It wasn't until our board president at the time called the silver was leaving. He did an exit interview with me

451
00:38:53,760 --> 00:38:59,200
and that's when I learned. Now it's not that I had I known earlier. I think within two or three days,

452
00:38:59,200 --> 00:39:05,120
I emailed the city go right, trying to get it resolution. And it's all in the packet that you guys have.

453
00:39:05,120 --> 00:39:10,480
So yeah. One more question with council member Ramirez. Just a quick question.

454
00:39:11,280 --> 00:39:18,320
Harja, would we be able to use the peg funding for updating our translation services,

455
00:39:19,520 --> 00:39:24,720
council chambers? There could be an access to utilize some of that as long as it's for actual

456
00:39:24,720 --> 00:39:29,600
capital equipment that translates by not for operations. Right. Okay. Thank you.

457
00:39:31,600 --> 00:39:36,560
Yeah. So we don't have any public comments. So you feel free to come in more minutes. You may have one.

458
00:39:37,680 --> 00:39:41,040
So far we have no public comments. Okay. There's going to be any public comment.

459
00:39:41,040 --> 00:39:46,240
Sign the card. Okay. On up. It looks like you. Our public comment will be limited to one minute each.

460
00:39:46,240 --> 00:39:55,120
Please. Okay. If I could add to that we have that capability as well. We have the same technology and the same equipment,

461
00:39:55,120 --> 00:40:03,600
the same support stuff and support partners to be able to do that. Now, given the same things,

462
00:40:03,600 --> 00:40:11,280
I'm not trying to replace your current vendor. The biggest goal for me is to plug in our equipment.

463
00:40:11,360 --> 00:40:16,720
So we could also stream the meetings. What we do now because we're trying to best to be in

464
00:40:16,720 --> 00:40:21,360
compliance is we go to your website. We pull the meetings down and then we put them on our YouTube channel.

465
00:40:22,160 --> 00:40:27,280
When we started doing that, we found that there was about a seven minute dead time because no one would

466
00:40:27,280 --> 00:40:32,960
turn off the recording. We brought that to the attention of the city and then in our next meeting,

467
00:40:32,960 --> 00:40:39,840
they said there's no problem there. We fixed it. So we're trying to be good stewards and good partners.

468
00:40:39,840 --> 00:40:46,480
And yeah. Okay. Thank you, Mike. You're welcome much. Thank you, staff.

469
00:40:46,480 --> 00:40:50,960
So now we will go to public comment. Looks like we have four or five. And I am going to ask to limit

470
00:40:50,960 --> 00:40:55,280
your public comments to one minute, please, so that we can get back to council direction.

471
00:40:57,520 --> 00:41:01,360
If Elliot could come up and Kevin followed by Gary.

472
00:41:10,800 --> 00:41:17,840
Good evening, Mayor and council members. I would like for you all to consider the option to

473
00:41:17,840 --> 00:41:23,920
continue the contract with CMAP. The most important thing to me is economic development.

474
00:41:24,720 --> 00:41:30,000
Right now you have an outside source that you're vending with. They don't live in this community.

475
00:41:30,000 --> 00:41:36,240
They don't sleep in this community. They're not spending money in this community. CMAP is in this community.

476
00:41:37,200 --> 00:41:42,880
CMAP is also in the community that I live in, which is in San Bernardo County. And I advocate

477
00:41:42,880 --> 00:41:52,320
for transparency. I'm a big brown act advocate that nothing should be done behind closed doors.

478
00:41:52,320 --> 00:41:58,720
Everything is out front. So that is why I'm asking you as an independent person of this community and

479
00:41:58,720 --> 00:42:08,080
that uses this CMAP is that when you're not, where's my time? You have seven seconds.

480
00:42:09,520 --> 00:42:17,520
Thank you, Elliot. Hi. My name is Kevin Feffer and I just wanted to say that in the short time that

481
00:42:17,520 --> 00:42:23,760
I've been around Mike at CMAP. I've seen amazing things happen. They've had classes servicing

482
00:42:23,840 --> 00:42:29,360
kids with autism, special needs, open houses for artists of all over the community. They've covered

483
00:42:29,360 --> 00:42:35,200
a whole bunch of the downtown events that we've had with the open houses. We see so many people coming in

484
00:42:35,200 --> 00:42:42,400
and just showcasing different kinds of culture. Like as she said just before me, sourcing it from

485
00:42:42,400 --> 00:42:46,880
outside of our community, I think you wouldn't have the same vision. I don't think you would have the same

486
00:42:47,760 --> 00:42:54,320
just the community being involved. And I think that's really important. I've seen everything

487
00:42:54,320 --> 00:43:01,920
from the art classes to music, to kids coming to learn how to do film, audio. There's just so much

488
00:43:01,920 --> 00:43:06,960
happening in a very short time. Mike was saying they're just getting started. He had to put out a lot

489
00:43:06,960 --> 00:43:11,200
of fires first and I think that vision moving forward was a lot of potential. Thank you. Thank you.

490
00:43:17,840 --> 00:43:24,720
This is really a day when Gabe Gonzalez was a city manager. He tried to do the same thing.

491
00:43:24,720 --> 00:43:31,280
This is not the first time around. And after that I was at that meeting with Becker Reed was there and

492
00:43:31,280 --> 00:43:38,480
got blindsided by that city manager saying we need those funds to improve our equipment. So I met with

493
00:43:38,480 --> 00:43:44,720
J. Boxa about this because J. negotiated this agreement with the franchise agreement with the cable

494
00:43:44,800 --> 00:43:51,040
company. And he said you can't do that. You can't do that. And there's two other cities that are

495
00:43:51,040 --> 00:43:57,440
tied to this agreement. And the thing that got left out when Gabe never told the city council

496
00:43:57,440 --> 00:44:04,880
is that the city received like a quarter million dollars a year fees from the same cable company.

497
00:44:04,880 --> 00:44:10,400
So the question was, well what did you do with the $250,000 a year or whatever that number was?

498
00:44:10,400 --> 00:44:14,480
All the years that you had it, it didn't go to equipment. But you wanted to close down

499
00:44:14,480 --> 00:44:21,360
C map, which is your public access. That's what public access means. Not city access, but public access.

500
00:44:21,360 --> 00:44:27,120
So I think you need to go back to why this agreement was put in place. And where the funds went,

501
00:44:27,120 --> 00:44:31,600
you know, why you need it now, when it's not like you're not getting anybody. This this point

502
00:44:31,600 --> 00:44:42,720
comes from the franchise. Not not the city. Thank you. Kelly followed by Mike and then Jeff.

503
00:44:43,520 --> 00:44:50,240
Good evening council. My name is Kelly Feffer. I'm the co-founder of Iraq's school mother of seven

504
00:44:50,240 --> 00:44:54,960
and someone who was once a young single mom experiencing homelessness with two small children.

505
00:44:54,960 --> 00:45:00,080
I've lived on both sides of this community, the side that struggles and the side that builds opportunity.

506
00:45:00,000 --> 00:45:04,100
Students from the United States, for others.

507
00:45:04,100 --> 00:45:06,640
Seeing map is contracted with the city to film and disturb yudet city council meetings, but in 2022.

508
00:45:06,640 --> 00:45:11,920
The city made the decision to take this opportunity and these jobs away from our local youth.

509
00:45:11,920 --> 00:45:15,360
Instead, send that work and our tax dollars out of state.

510
00:45:15,360 --> 00:45:18,740
What could have been on the job training for a young people to be returning remote video services

511
00:45:18,740 --> 00:45:24,340
purchased from another state? Removing both skill building in economic investment from our own community.

512
00:45:24,340 --> 00:45:27,060
It seemed out this so much more than media service.

513
00:45:27,060 --> 00:45:29,900
It seemed out as a space of true inclusivity.

514
00:45:29,900 --> 00:45:32,860
As space were youth and adults from every economic background,

515
00:45:32,860 --> 00:45:34,580
every ability level, and every culture

516
00:45:34,580 --> 00:45:36,260
can come together and learn.

517
00:45:36,260 --> 00:45:38,340
It is a place for local college students.

518
00:45:38,340 --> 00:45:40,180
A color can create their own art show

519
00:45:40,180 --> 00:45:42,540
and art show that uplift state diversity

520
00:45:42,540 --> 00:45:44,460
and carries a message of belonging

521
00:45:44,460 --> 00:45:47,020
as the place where teens and kids with autism

522
00:45:47,020 --> 00:45:48,740
can take classes, they'll welcome

523
00:45:48,740 --> 00:45:51,020
in our downtown and game confidence

524
00:45:51,020 --> 00:45:53,340
in front of them behind the camera.

525
00:45:53,340 --> 00:45:54,180
Thank you.

526
00:45:54,340 --> 00:45:59,340
You sell one more correct?

527
00:45:59,340 --> 00:46:01,340
I have a few more.

528
00:46:01,340 --> 00:46:02,340
Okay.

529
00:46:02,340 --> 00:46:03,340
Okay, go ahead.

530
00:46:03,340 --> 00:46:05,340
Hi, it's Megan.

531
00:46:05,340 --> 00:46:09,340
I wanted to add this to the end of my presentation.

532
00:46:09,340 --> 00:46:12,340
In addition to the options

533
00:46:12,340 --> 00:46:14,340
that staff has provided council,

534
00:46:14,340 --> 00:46:17,340
I have some alternatives.

535
00:46:17,340 --> 00:46:20,340
Again, we welcome the transparency of the accountability.

536
00:46:20,340 --> 00:46:22,340
So we want to partner with the city

537
00:46:22,340 --> 00:46:25,340
whether that's an elected official that acts as a liaison

538
00:46:25,340 --> 00:46:28,340
and an oversight accountability partner.

539
00:46:28,340 --> 00:46:32,340
We want to consider

540
00:46:32,340 --> 00:46:35,340
an extension of a year to two

541
00:46:35,340 --> 00:46:39,340
with quarterly accountability check-ins

542
00:46:39,340 --> 00:46:42,340
and oversight.

543
00:46:42,340 --> 00:46:47,340
And at the very minimum, give us another six months.

544
00:46:47,340 --> 00:46:49,340
Let us finish what we're doing

545
00:46:49,340 --> 00:46:52,340
so we can prove to you guys that we belong

546
00:46:52,340 --> 00:46:54,340
and we are good stewards of city funding

547
00:46:54,340 --> 00:46:58,340
and we can take that and use it as seed money to grow.

548
00:46:58,340 --> 00:47:02,340
Silicon Valley Arts, Silicon Valley Foundation,

549
00:47:02,340 --> 00:47:05,340
they're all wanting to partner with us.

550
00:47:05,340 --> 00:47:07,340
We have...

551
00:47:07,340 --> 00:47:08,340
Thank you.

552
00:47:08,340 --> 00:47:09,340
My districts.

553
00:47:09,340 --> 00:47:10,340
Thank you, Mike.

554
00:47:10,340 --> 00:47:11,340
Thank you, guys.

555
00:47:11,340 --> 00:47:14,340
Have Jeff and then Alex?

556
00:47:14,340 --> 00:47:15,340
Yes, sir.

557
00:47:15,340 --> 00:47:16,340
Yes, sir.

558
00:47:16,340 --> 00:47:17,340
Council, my name is Jeff Perkins.

559
00:47:17,340 --> 00:47:19,340
I am the current board.

560
00:47:19,340 --> 00:47:21,340
I guess, Treasurer.

561
00:47:21,340 --> 00:47:24,340
I came on board in July this year.

562
00:47:24,340 --> 00:47:26,340
And I certainly share some of the concerns

563
00:47:26,340 --> 00:47:28,340
about the financials when I first came in and looked at it

564
00:47:28,340 --> 00:47:30,340
that I would say this.

565
00:47:30,340 --> 00:47:33,340
The Seamath has been filing a tax return every year.

566
00:47:33,340 --> 00:47:37,340
And so there is access of 2021, 2022, 2023, 2024.

567
00:47:37,340 --> 00:47:39,340
And the first thing I did is it laid them out.

568
00:47:39,340 --> 00:47:41,340
And now that we've been spending this time having

569
00:47:41,340 --> 00:47:44,340
the numbers reviewed and soon to be an audit.

570
00:47:44,340 --> 00:47:47,340
The first few years was almost identical to what the tax return is.

571
00:47:47,340 --> 00:47:53,340
So we also have bank statements to show where we stand with the funds.

572
00:47:53,340 --> 00:47:59,340
So I feel confident that once everything is said and done,

573
00:47:59,340 --> 00:48:03,340
we will find that there was nothing that was done inappropriately.

574
00:48:03,340 --> 00:48:08,340
And that we're on found good financial footing provided the people

575
00:48:08,340 --> 00:48:10,340
that OS would pay us.

576
00:48:10,340 --> 00:48:15,340
And so I look forward to work with Seamath to get back

577
00:48:15,340 --> 00:48:16,340
where they need to be.

578
00:48:16,340 --> 00:48:17,340
Thank you.

579
00:48:26,340 --> 00:48:27,340
My name is Alex Larson.

580
00:48:27,340 --> 00:48:31,340
I'm currently the Vice Chairman of the Board of Directors.

581
00:48:31,340 --> 00:48:34,340
The biggest problem that I've seen is communication

582
00:48:34,340 --> 00:48:37,340
between the city of Gilroy, none of the other cities.

583
00:48:37,340 --> 00:48:42,340
We've had problems with communication between the city of Gilroy

584
00:48:42,340 --> 00:48:47,340
and Seamath has been absolutely terrible, which is awful

585
00:48:47,340 --> 00:48:51,340
because we've had a person on there that should have been communicating

586
00:48:51,340 --> 00:48:52,340
back and forth to us.

587
00:48:52,340 --> 00:48:57,340
This is the first time that I've heard of the closed session

588
00:48:57,340 --> 00:49:01,340
that was inappropriately broadcast.

589
00:49:02,340 --> 00:49:08,340
We have never received that I know of that we've seen anything coming

590
00:49:08,340 --> 00:49:12,340
from the city saying that we've had any of these problems.

591
00:49:12,340 --> 00:49:17,340
We've been locked out of the room there to be able to complete our mission.

592
00:49:17,340 --> 00:49:21,340
And I thank you all for considering this and I hope that you

593
00:49:21,340 --> 00:49:24,340
go on the right side of the citizens of Gilroy.

594
00:49:24,340 --> 00:49:25,340
Thank you very much.

595
00:49:25,340 --> 00:49:27,340
Thank you.

596
00:49:27,340 --> 00:49:28,340
Okay.

597
00:49:28,340 --> 00:49:31,340
So now we have a time for all council to have some comments.

598
00:49:31,340 --> 00:49:32,340
I do see speakers still up.

599
00:49:32,340 --> 00:49:34,340
Or is this from councilmember Fragazzi?

600
00:49:34,340 --> 00:49:35,340
Is this from before still?

601
00:49:35,340 --> 00:49:36,340
Okay.

602
00:49:36,340 --> 00:49:38,340
Did you bring in again to speak?

603
00:49:38,340 --> 00:49:39,340
Could your name still up?

604
00:49:39,340 --> 00:49:41,340
Okay.

605
00:49:41,340 --> 00:49:42,340
Okay.

606
00:49:42,340 --> 00:49:43,340
So we're now at that time.

607
00:49:43,340 --> 00:49:44,340
I have another discussion.

608
00:49:44,340 --> 00:49:46,340
So I'm looking for council.

609
00:49:46,340 --> 00:49:49,340
I mean staff is up on the board there.

610
00:49:49,340 --> 00:49:52,340
You see that what the consideration is.

611
00:49:52,340 --> 00:49:54,340
They're asking staff is asking for us.

612
00:49:54,340 --> 00:49:57,340
It's for consideration of these future uses.

613
00:49:57,340 --> 00:50:00,340
And these are some of the things that Hardsho pointed out.

614
00:50:00,340 --> 00:50:02,340
Go ahead.

615
00:50:02,340 --> 00:50:04,340
Thank you.

616
00:50:04,340 --> 00:50:05,340
I came in late to all this.

617
00:50:05,340 --> 00:50:07,340
So I've had to do a lot of catching up.

618
00:50:07,340 --> 00:50:15,340
And I think from the staff standpoint is we do have a responsibility to administer a contract.

619
00:50:15,340 --> 00:50:19,340
And there were provisions that were laid out sometime.

620
00:50:19,340 --> 00:50:27,340
Unfortunately, many months have gone by as staff has tried to get the information necessary

621
00:50:27,340 --> 00:50:29,340
to comply with the contract.

622
00:50:29,340 --> 00:50:31,340
I appreciate what was said tonight.

623
00:50:31,340 --> 00:50:35,340
I understand myself starting with a difficult organization and having to rebuild it.

624
00:50:35,340 --> 00:50:37,340
I've been there.

625
00:50:37,340 --> 00:50:41,340
But that said, we have to keep in mind.

626
00:50:41,340 --> 00:50:44,340
We have given them additional time.

627
00:50:44,340 --> 00:50:48,340
Even if they were able to bring it in compliance towards the end of the this year.

628
00:50:48,340 --> 00:50:51,340
The current contract is going to expire.

629
00:50:51,340 --> 00:50:54,340
And it's going to have to be renegotiated in some format.

630
00:50:54,340 --> 00:50:58,340
So I think a lot of good things were said tonight,

631
00:50:58,340 --> 00:51:03,340
relative to communication and expectations.

632
00:51:03,340 --> 00:51:07,340
But again, the primary focus from the staff standpoint,

633
00:51:07,340 --> 00:51:12,340
which I know the council also feels we have a fiduciary responsibility

634
00:51:12,340 --> 00:51:17,340
to make sure that the terms of the contract approved by the council are met.

635
00:51:17,340 --> 00:51:23,340
So that said, we're here to really go whatever direction you want.

636
00:51:23,340 --> 00:51:27,340
But really we're trying to get some understanding where you want to go in the future.

637
00:51:27,340 --> 00:51:34,340
And the three alternatives that the staff has laid out is to focus on renegotiating

638
00:51:34,340 --> 00:51:39,340
a contract with CMAP for the future.

639
00:51:39,340 --> 00:51:46,340
What that might, what that would allow though is trying to look at what they realistically might be able

640
00:51:46,340 --> 00:51:52,340
services to provide so that the contract better fits what their capabilities are.

641
00:51:52,340 --> 00:51:55,340
Transition to internal management.

642
00:51:55,340 --> 00:52:03,340
If that's the desire to find, but the more important thing is to get the services and the compliance of the law met.

643
00:52:03,340 --> 00:52:11,340
And then the hybrid would be if you wish to do an RFP, which of course CMAP could also apply for that too.

644
00:52:11,340 --> 00:52:15,340
submit a bid and see what services are out there.

645
00:52:15,340 --> 00:52:19,340
So we're looking for direction going forward tonight.

646
00:52:19,340 --> 00:52:21,340
Thank you.

647
00:52:21,340 --> 00:52:23,340
Council Member Fragazzi.

648
00:52:23,340 --> 00:52:27,340
I mean given the short timeframe that we have now in the requirements that we have,

649
00:52:27,340 --> 00:52:32,340
I think we have to, number one, look at transitioning to internal.

650
00:52:32,340 --> 00:52:35,340
But at the same time, I love the idea of the community doing this.

651
00:52:35,340 --> 00:52:37,340
I just think it's poor management.

652
00:52:37,340 --> 00:52:41,340
I think 20 months on board and whatever the issues are.

653
00:52:41,340 --> 00:52:43,340
I mean, I built the company in 12 months.

654
00:52:43,340 --> 00:52:50,340
So it's definitely something I wish would stay with the community if we can find out a way after taking it.

655
00:52:50,340 --> 00:52:54,340
And internally how we can go back, our show to say, these are the things we'd like you to do.

656
00:52:54,340 --> 00:52:56,340
And they seem like that you're capable of this.

657
00:52:56,340 --> 00:52:57,340
You made some changes.

658
00:52:57,340 --> 00:52:58,340
We want you to do this.

659
00:52:58,340 --> 00:53:00,340
That's where I stand on this.

660
00:53:00,340 --> 00:53:05,340
But we do have these requirements of us that we have to also take on.

661
00:53:05,340 --> 00:53:08,340
Council Member Ramirez.

662
00:53:08,340 --> 00:53:15,340
You know, to somewhat echo Council Member Fragazzi with my nonprofit background,

663
00:53:15,340 --> 00:53:33,340
I'm stressed about this because while conceptually I absolutely want public access and transparency and everything that

664
00:53:33,340 --> 00:53:37,340
I'm seeing that is supposed to be.

665
00:53:37,340 --> 00:53:45,340
I have some significant concerns about the lack of compliance and that's coming from not just like Mr.

666
00:53:45,340 --> 00:53:54,340
Kilger talked about with our food issue, responsibility, but it's also from a nonprofit background.

667
00:53:54,340 --> 00:53:56,340
I'm concerned about that.

668
00:53:56,340 --> 00:54:02,340
So perhaps a hybrid or something.

669
00:54:02,340 --> 00:54:06,340
You know, I would be open to a number of different things.

670
00:54:06,340 --> 00:54:19,340
Hybrid, internal management, six months to get everything going with proof of absolute service and programming.

671
00:54:19,340 --> 00:54:21,340
But there needs to be a time limit.

672
00:54:21,340 --> 00:54:24,340
Council Member Braco.

673
00:54:24,340 --> 00:54:27,340
Yeah.

674
00:54:27,340 --> 00:54:33,340
You don't have on there to give them three months, six months, whatever.

675
00:54:33,340 --> 00:54:35,340
And for them to get in the compliance.

676
00:54:35,340 --> 00:54:37,340
Do you think it would make any difference?

677
00:54:37,340 --> 00:54:39,340
Well, that's one second.

678
00:54:39,340 --> 00:54:41,340
I'll let Harja go ahead.

679
00:54:41,340 --> 00:54:49,340
I don't have enough information to comfortably state that that time period would allow them to come into compliance for all aspects.

680
00:54:49,340 --> 00:54:53,340
And I was going to add is the contract is going to expire.

681
00:54:53,340 --> 00:54:54,340
Terminate.

682
00:54:54,340 --> 00:54:57,340
So we would have to renegotiate another contract anyway.

683
00:54:57,340 --> 00:55:00,340
So I think what we're going.

684
00:55:00,340 --> 00:55:11,340
We're looking at is do you want us to solely negotiate with CMAP for a new contract or do a hybrid and let others possibly submit.

685
00:55:11,340 --> 00:55:18,340
And during that, we could also see if there are some potential internal expenditures that might fix.

686
00:55:18,340 --> 00:55:20,340
Also, so there's several options.

687
00:55:20,340 --> 00:55:22,340
We just want to get a sense from you.

688
00:55:22,340 --> 00:55:26,340
Do you want us to negotiate with CMAP or possibly go out.

689
00:55:26,340 --> 00:55:30,340
And see if others might be also interested.

690
00:55:30,340 --> 00:55:32,340
Okay.

691
00:55:32,340 --> 00:55:36,340
I don't agree that we should bring this in house.

692
00:55:36,340 --> 00:55:39,340
I think we need to leave it alone.

693
00:55:39,340 --> 00:55:47,340
And I would prefer to keep it with CMAP if we can work with them.

694
00:55:47,340 --> 00:55:54,340
To get things straightened out to our standards.

695
00:55:54,340 --> 00:55:58,340
I would prefer to go that route.

696
00:55:58,340 --> 00:56:01,340
So, you know, I would think we could go.

697
00:56:01,340 --> 00:56:09,340
I mean, you should be able to whip up a short term contract for six months.

698
00:56:09,340 --> 00:56:15,340
And while we're negotiating and trying to leave straightness out, thank you.

699
00:56:15,340 --> 00:56:19,340
That's remember playing?

700
00:56:19,340 --> 00:56:23,340
I know it talks about relationships and very important.

701
00:56:23,340 --> 00:56:25,340
And I understand that aspect of it.

702
00:56:25,340 --> 00:56:29,340
I also know from a nonprofit, the responsibilities you have.

703
00:56:29,340 --> 00:56:30,340
And that'll be an on council.

704
00:56:30,340 --> 00:56:35,340
You're talking about public funds and being very transparent with that.

705
00:56:35,340 --> 00:56:36,340
We expect that.

706
00:56:36,340 --> 00:56:44,340
And so I kind of lean towards what council member Bronco talks about and given it that time.

707
00:56:44,340 --> 00:56:48,340
And working at it more so than the other aspects of this.

708
00:56:48,340 --> 00:56:50,340
So, that's just my thought.

709
00:56:50,340 --> 00:56:52,340
Council member Marks.

710
00:56:52,340 --> 00:56:58,340
I too would like to see maybe short term contract of six months and go shade it with them.

711
00:56:58,340 --> 00:57:00,340
I think they've heard how we feel.

712
00:57:00,340 --> 00:57:02,340
We've heard the report.

713
00:57:02,340 --> 00:57:03,340
You know what you need to do.

714
00:57:03,340 --> 00:57:07,340
And I'd like to see you have the six months to turn it around and get it done.

715
00:57:07,340 --> 00:57:09,340
And keep it local.

716
00:57:09,340 --> 00:57:10,340
All right.

717
00:57:10,340 --> 00:57:11,340
Thank you.

718
00:57:11,340 --> 00:57:14,340
Yeah.

719
00:57:14,340 --> 00:57:21,340
So a couple things we have to remember here is that what has staff is presented and what we've heard from the folks here this evening.

720
00:57:21,340 --> 00:57:23,340
There's two things going on here.

721
00:57:23,340 --> 00:57:26,340
There is the contract that exists now.

722
00:57:26,340 --> 00:57:27,340
Right.

723
00:57:27,340 --> 00:57:30,340
That's from from 2020 to 2025.

724
00:57:30,340 --> 00:57:31,340
Right.

725
00:57:31,340 --> 00:57:36,340
And that's what I believe that you that staff has reported that they're out of compliance.

726
00:57:36,340 --> 00:57:40,340
And I believe that the CMAP folks have acknowledged that there's some compliance.

727
00:57:40,340 --> 00:57:43,340
So there's there's that issue.

728
00:57:43,340 --> 00:57:46,340
And there's also the issue that presented with us up on this board.

729
00:57:46,340 --> 00:57:48,340
And that is moving forward.

730
00:57:48,340 --> 00:57:54,340
It sounds like this council does not want to lose the opportunity to continue working with CMAP.

731
00:57:54,340 --> 00:57:56,340
Is that is that safe that part?

732
00:57:56,340 --> 00:57:57,340
Is that safe to say?

733
00:57:57,340 --> 00:57:59,340
Is everybody okay with that?

734
00:57:59,340 --> 00:58:04,340
So it sounds like to me that we anyone jump in here.

735
00:58:04,340 --> 00:58:08,340
It sounds like to me considering the second part that I just talked about this.

736
00:58:08,340 --> 00:58:11,340
We knew the CMAP agreement under a restructured scope.

737
00:58:11,340 --> 00:58:18,340
The staff would really be asking staff to go back and consider the needs of this community and this.

738
00:58:18,340 --> 00:58:24,340
And and and the city of Yoray in 2026 through 2030.

739
00:58:24,340 --> 00:58:25,340
Right.

740
00:58:25,340 --> 00:58:27,340
Because this is what's we're considering now.

741
00:58:27,340 --> 00:58:29,340
The next five years.

742
00:58:29,340 --> 00:58:30,340
Right.

743
00:58:30,340 --> 00:58:31,340
It could be five years.

744
00:58:31,340 --> 00:58:32,340
It could be whatever.

745
00:58:32,340 --> 00:58:33,340
Okay.

746
00:58:33,340 --> 00:58:34,340
Okay.

747
00:58:34,340 --> 00:58:36,340
Council of the amount of years I just said.

748
00:58:36,340 --> 00:58:38,340
Looking forward after 2025.

749
00:58:38,340 --> 00:58:40,340
What city of administrator.

750
00:58:40,340 --> 00:58:44,340
Kilsard keeps talking about is that we have a current agreement right now.

751
00:58:44,340 --> 00:58:47,340
That's in place that expires on 2025.

752
00:58:47,340 --> 00:58:48,340
And what this.

753
00:58:48,340 --> 00:58:50,340
This is administrative.

754
00:58:50,340 --> 00:58:53,340
At this point in time, this is administrative.

755
00:58:53,340 --> 00:58:54,340
Correct.

756
00:58:54,340 --> 00:58:57,340
That this is not what's up for debate at this moment in time.

757
00:58:57,340 --> 00:58:58,340
Right.

758
00:58:58,340 --> 00:59:03,340
This is a staff administrative issue to deal with compliance or non compliance or acceptance.

759
00:59:03,340 --> 00:59:04,340
Is that correct?

760
00:59:04,340 --> 00:59:05,340
Yes.

761
00:59:05,340 --> 00:59:06,340
Correct.

762
00:59:06,340 --> 00:59:07,340
City manager.

763
00:59:07,340 --> 00:59:08,340
Administrator.

764
00:59:08,340 --> 00:59:09,340
Yeah.

765
00:59:09,340 --> 00:59:10,340
Okay.

766
00:59:10,340 --> 00:59:11,340
So.

767
00:59:11,340 --> 00:59:12,340
Are you guys.

768
00:59:12,340 --> 00:59:13,340
So I had.

769
00:59:13,340 --> 00:59:14,340
Tonight.

770
00:59:14,340 --> 00:59:15,340
Can I make the point clear?

771
00:59:15,340 --> 00:59:16,340
I think.

772
00:59:16,340 --> 00:59:17,340
I think.

773
00:59:17,340 --> 00:59:18,340
I tend to be overly dramatic.

774
00:59:18,340 --> 00:59:22,340
This is what happened when you get my age and you've been doing in a work for so many years.

775
00:59:22,340 --> 00:59:25,340
My wife tells me to stop doing this.

776
00:59:25,340 --> 00:59:26,340
Anyway.

777
00:59:26,340 --> 00:59:28,340
So we have a contract.

778
00:59:28,340 --> 00:59:31,340
It has all these responsibilities.

779
00:59:31,340 --> 00:59:35,340
The team app wants to continue to provide some services to the city.

780
00:59:35,340 --> 00:59:37,340
Whatever those are.

781
00:59:37,340 --> 00:59:40,340
They may end up being less.

782
00:59:40,340 --> 00:59:42,340
But we'll have a contract with C-map.

783
00:59:42,340 --> 00:59:44,340
To provide some of those services.

784
00:59:44,340 --> 00:59:48,340
We have a fiduciary responsibility and a contractual responsibility.

785
00:59:48,340 --> 00:59:53,340
If you make sure whatever that scope of service is said is met.

786
00:59:53,340 --> 00:59:57,340
Otherwise, we could be held legally liable.

787
00:59:57,340 --> 00:59:59,340
So there.

788
01:00:00,000 --> 01:00:11,000
For what I'm trying to say is, we're more than happy to sit down, because I'm hearing soul source with CMAP, give me a sec, soul source CMAP to negotiate a contract.

789
01:00:11,000 --> 01:00:24,000
But I want you to know, it's not three months, it's not six months, it's creating a contract that we both can live with that they can perform under and we're comfortable and they can provide the information needed.

790
01:00:24,000 --> 01:00:28,000
It's not going to be easy, you're still working on building your organization.

791
01:00:28,000 --> 01:00:42,000
We're more than happy to sit down with CMAP representatives, have this discussion, but we will be looking to them to sit down and say, this we know we can provide this, we know we can do this and we can meet those requirements.

792
01:00:42,000 --> 01:00:44,000
Fair enough? Okay.

793
01:00:44,000 --> 01:00:51,000
Brad, if I can add, does that mean that's why I was saying it's going to expire before we can get that done.

794
01:00:51,000 --> 01:00:52,000
Yes.

795
01:00:52,000 --> 01:00:57,000
So therefore it's going to transition to internal management by default, right?

796
01:00:57,000 --> 01:01:02,000
And then we're going to basically work toward creating some new form of some new contract.

797
01:01:02,000 --> 01:01:03,000
Right.

798
01:01:03,000 --> 01:01:07,000
And that's why I said it the way I said it, because that's essentially what's going to happen.

799
01:01:07,000 --> 01:01:14,000
But I wanted, yes, yes, sir. I wanted to say there wasn't something we could whip up and do for a few months.

800
01:01:14,000 --> 01:01:18,000
We've got to sit down and build this thing, so it works for both parties.

801
01:01:18,000 --> 01:01:23,000
So to be clear from council, we are not interested in a transition to our internal management.

802
01:01:23,000 --> 01:01:29,000
We are not interested in a hybrid issue in RFP to some outside city, state, far, far away from here.

803
01:01:29,000 --> 01:01:38,000
We are interested in the city of Gilroy reviewing the needs of this community and working with CMAP for our future agreement.

804
01:01:38,000 --> 01:01:39,000
Does that work?

805
01:01:39,000 --> 01:01:40,000
There's a number one states.

806
01:01:40,000 --> 01:01:41,000
Yep.

807
01:01:41,000 --> 01:01:43,000
Well, we were Mayor, I have a question.

808
01:01:43,000 --> 01:01:51,000
Brad, could we write into the contract that we have an update in six months after the contract has been issued?

809
01:01:51,000 --> 01:01:56,000
Just to see that things are progressing or what's happening?

810
01:01:57,000 --> 01:02:00,000
Let me sit down with staff.

811
01:02:00,000 --> 01:02:03,000
I have the same thought you did.

812
01:02:03,000 --> 01:02:07,000
I was going to put it that way.

813
01:02:07,000 --> 01:02:13,000
As you said before, an agreement will be based on the needs of this community and what they can agree to.

814
01:02:13,000 --> 01:02:18,000
Yeah, I think what we need to do is, because of these things with everything going on, they're busy.

815
01:02:18,000 --> 01:02:25,000
We're busy is that we need to get started on it now, not later, and we need to come back and give the council an update.

816
01:02:25,000 --> 01:02:26,000
Yeah.

817
01:02:26,000 --> 01:02:29,000
Where we are on this, so that you have a sense that we're making progress.

818
01:02:29,000 --> 01:02:30,000
And they're making progress.

819
01:02:30,000 --> 01:02:32,000
Well, together we're making progress.

820
01:02:32,000 --> 01:02:33,000
Okay.

821
01:02:33,000 --> 01:02:36,000
Thank you.

822
01:02:36,000 --> 01:02:39,000
One last comment, Mr. Sanchez.

823
01:02:39,000 --> 01:02:43,000
And then the study session will come to an end already to get to the next.

824
01:02:43,000 --> 01:02:47,000
Regarding the compliance issues that we are, quote unquote, not going to meet.

825
01:02:47,000 --> 01:02:54,000
We have communicated to Harzo in particular, but city staff in general, that we will meet these

826
01:02:54,000 --> 01:02:57,000
compliance issues before the end of this contract.

827
01:02:57,000 --> 01:02:59,000
Now, I wish it could have been sooner.

828
01:02:59,000 --> 01:03:07,000
We had a CPA firm back in May, I'm sorry, March, because we couldn't get a meeting with city staff.

829
01:03:07,000 --> 01:03:13,000
It kicked it out till August before we could even start our year-end reviews and our audit.

830
01:03:13,000 --> 01:03:16,000
So it has to be said that it's a two-way street.

831
01:03:16,000 --> 01:03:20,000
We have been trying uphill, and I'm used to hard struggles.

832
01:03:20,000 --> 01:03:23,000
But this has been one of the harder ones that I've had to deal with.

833
01:03:23,000 --> 01:03:24,000
We want to be in compliance.

834
01:03:24,000 --> 01:03:25,000
We will be in compliance.

835
01:03:25,000 --> 01:03:28,000
I've given all the dates there in your packets.

836
01:03:28,000 --> 01:03:30,000
That's all I got.

837
01:03:30,000 --> 01:03:31,000
Thank you.

838
01:03:31,000 --> 01:03:32,000
Thank you.

839
01:03:32,000 --> 01:03:33,000
Thank you.

840
01:03:33,000 --> 01:03:34,000
Thank you.

841
01:03:34,000 --> 01:03:35,000
We want to thank you.

842
01:03:35,000 --> 01:03:38,000
Do you think we have issues like that?

843
01:03:38,000 --> 01:03:39,000
Eight.

844
01:03:39,000 --> 01:03:40,000
Nine.

845
01:03:40,000 --> 01:03:41,000
Don't.

846
01:03:41,000 --> 01:03:42,000
Don't.

847
01:03:42,000 --> 01:03:43,000
We're done with this.

848
01:03:43,000 --> 01:03:45,000
So when you pack it.

849
01:03:45,000 --> 01:03:46,000
No, no, no.

850
01:03:46,000 --> 01:03:47,000
We're done with this.

851
01:03:47,000 --> 01:03:48,000
This session's over.

852
01:03:48,000 --> 01:03:49,000
Thank you very much, Mark.

853
01:03:49,000 --> 01:03:50,000
We got to get to the next meeting.

854
01:03:50,000 --> 01:03:51,000
Thank you very much, staff.

855
01:03:52,000 --> 01:03:54,000
Come back in 11 minutes, please, for the next meeting.

856
01:03:54,000 --> 01:03:55,000
Thank you very much.

857
01:04:12,000 --> 01:04:14,000
Frankly, when you came through the door.

858
01:04:21,000 --> 01:04:23,000
Thank you.

859
01:04:51,000 --> 01:04:52,000
I love her name.

860
01:04:52,000 --> 01:04:53,000
It's all right.

861
01:04:53,000 --> 01:04:54,000
Thank you.

862
01:04:54,000 --> 01:04:55,000
Thank you.

863
01:04:55,000 --> 01:04:56,000
Thank you.

864
01:04:56,000 --> 01:04:57,000
I'm George.

865
01:04:57,000 --> 01:04:58,000
Thank you.

866
01:04:58,000 --> 01:04:59,000
Thank you.

867
01:04:59,000 --> 01:05:00,000
Thank you.

868
01:05:00,000 --> 01:05:01,000
I'm George.

869
01:05:01,000 --> 01:05:02,000
Thank you.

870
01:05:21,000 --> 01:05:22,000
Thank you.

871
01:05:22,000 --> 01:05:23,000
Thank you.

872
01:05:51,000 --> 01:05:52,000
Thank you.

873
01:05:52,000 --> 01:05:53,000
Thank you.

874
01:06:21,000 --> 01:06:22,000
Thank you.

875
01:06:51,000 --> 01:06:52,000
Thank you.

876
01:07:21,000 --> 01:07:22,000
Thank you.

877
01:07:22,000 --> 01:07:23,000
Thank you.

878
01:07:51,000 --> 01:07:53,000
Thank you.

879
01:08:21,000 --> 01:08:22,000
Thank you.

880
01:08:51,000 --> 01:08:52,000
Thank you.

881
01:09:21,000 --> 01:09:22,000
Thank you.

882
01:09:22,000 --> 01:09:23,000
Thank you.

883
01:09:51,000 --> 01:09:52,000
Thank you.

884
01:09:52,000 --> 01:09:53,000
Thank you.

885
01:10:21,000 --> 01:10:22,000
Thank you.

886
01:10:22,000 --> 01:10:23,000
Thank you.

887
01:10:51,000 --> 01:10:52,000
Thank you.

888
01:10:52,000 --> 01:10:53,000
Thank you.

889
01:11:21,000 --> 01:11:22,000
Thank you.

890
01:11:22,000 --> 01:11:23,000
Thank you.

891
01:11:51,000 --> 01:11:52,000
Thank you.

892
01:11:52,000 --> 01:11:53,000
Thank you.

893
01:12:21,000 --> 01:12:22,000
Thank you.

894
01:12:22,000 --> 01:12:23,000
Thank you.

895
01:12:51,000 --> 01:12:52,000
Thank you.

896
01:12:52,000 --> 01:12:53,000
Thank you.

897
01:13:21,000 --> 01:13:22,000
Thank you.

898
01:13:22,000 --> 01:13:23,000
Thank you.

899
01:13:51,000 --> 01:13:52,000
Thank you.

900
01:13:52,000 --> 01:13:53,000
Thank you.

901
01:14:21,000 --> 01:14:22,000
Thank you.

902
01:14:22,000 --> 01:14:23,000
Thank you.

903
01:14:51,000 --> 01:14:52,000
Thank you.

904
01:14:52,000 --> 01:14:53,000
Thank you.

905
01:15:00,000 --> 01:15:29,640
Okay, let's call the official Monday, November 3rd, 2025 meeting, to order.

906
01:15:29,640 --> 01:15:34,280
At 6.15 PM, roll call, please.

907
01:15:34,280 --> 01:15:43,400
Council member Baracko, council member Klein, council member Fugazzi, council member Hilton, council member Marks, council member Ramirez, your air bow, so.

908
01:15:43,400 --> 01:15:48,600
Here, 1.3 cities and clerks reporting on the agenda, please.

909
01:15:48,600 --> 01:15:53,640
Thank you, Mayor. This agenda was posted on Monday, October 27th at 4 o'clock PM.

910
01:15:53,640 --> 01:16:04,200
Okay, pledge of allegiance will be led by council member Ramirez, please remain standing for invocation.

911
01:16:04,200 --> 01:16:28,200
Thank you, good evening, Mayor, city council. The privilege to do the invocation this evening, so let us pray.

912
01:16:28,200 --> 01:16:52,200
Father, we come before you, we just want to thank you for the opportunity to serve our community, we pray Father God for wisdom, insight, discernment, we pray for the city council, the mayor, the law enforcement, medical, fire, and all the other departments that serve our community, we thank you and your precious name, we pray.

913
01:16:52,200 --> 01:16:56,200
Thank you, Jesse.

914
01:16:56,200 --> 01:17:04,200
Okay, item 1.6 orders of the day, we have none, items 1.7, and we're going to jump right to employee introductions.

915
01:17:04,200 --> 01:17:12,200
You chill these director heat mechanic, introducing Jay Katta Manini, I'm so sorry if I got that name wrong, I should have reviewed it.

916
01:17:12,200 --> 01:17:15,200
I'm going to find out right now, how about that was? Jay?

917
01:17:15,200 --> 01:17:16,200
I'm going to be.

918
01:17:16,200 --> 01:17:19,200
Oh man, I have a close.

919
01:17:19,200 --> 01:17:20,200
I was close.

920
01:17:20,200 --> 01:17:23,200
All right, good evening, Mayor, everybody's city council public can see tonight.

921
01:17:23,200 --> 01:17:34,200
Please introduce a new member to your intelligence department, and Jay joined us as an engineer one who will be primarily working on task related to a squirrel multiple tasks there in project over at the treatment plant.

922
01:17:34,200 --> 01:17:43,200
Jay recently earned his bachelor's of science degree in mechanical engineering from UC Riverside, graduating with honors, and also passed his fundamentals of engineering exam,

923
01:17:43,200 --> 01:17:47,200
which a thousand become an EIT engineering and training with the state of California.

924
01:17:47,200 --> 01:17:54,200
Before joining the city of Giroi, he gained some experience in both other utilities and advanced research environments,

925
01:17:54,200 --> 01:18:01,200
and Southern California Gas Company supported the planning and design of capital improvements for pipeline and pressure regularly to infrastructure,

926
01:18:01,200 --> 01:18:07,200
and he also interned at hyonics incorporated where he contributed to research and development process optimization.

927
01:18:07,200 --> 01:18:12,200
Early in his academic career he worked as a pediatric rehabilitation technology lab,

928
01:18:12,200 --> 01:18:18,200
for that company, designing wearable assistive devices to support children with movement impairments.

929
01:18:18,200 --> 01:18:24,200
Outside of working enjoys rock climbing volleyball and trying out new hobbies, please welcome Jay.

930
01:18:24,200 --> 01:18:39,200
Hi, my name is Jay Kenton-Naney, and I recently graduated through my career in school I learned that I had a real passion for sustainability and infrastructure.

931
01:18:39,200 --> 01:18:45,200
I'm really grateful for the city to grant me this opportunity to serve the community and put those passions to good use.

932
01:18:45,200 --> 01:18:46,200
Thank you.

933
01:18:46,200 --> 01:18:54,200
Okay, next captain Luke Powell will be introducing two.

934
01:18:54,200 --> 01:18:57,200
They're not new employees.

935
01:18:57,200 --> 01:18:59,200
Well, one is new, right?

936
01:18:59,200 --> 01:19:05,200
It's my pleasure to introduce two new employees to the city of Giroi, police department and the city team.

937
01:19:05,200 --> 01:19:08,200
First up, we'll be officer Michael Defritus.

938
01:19:08,200 --> 01:19:10,200
Michael started on November 1st.

939
01:19:10,200 --> 01:19:15,200
Michael grew up in Belmont, California, where he was raised by his mother and grandparents.

940
01:19:15,200 --> 01:19:18,200
In 2019 he purchased a home and moved to Gilroy.

941
01:19:18,200 --> 01:19:21,200
He's proud to be a member of our community.

942
01:19:21,200 --> 01:19:24,200
Michael's career path has been diverse.

943
01:19:24,200 --> 01:19:30,200
He has worked in customer service, retail, food service, and the medical field.

944
01:19:30,200 --> 01:19:34,200
He also spent time as a personal trainer and self defense coach.

945
01:19:34,200 --> 01:19:39,200
And for six years he worked as a union nutrition in San Jose, Calera County.

946
01:19:39,200 --> 01:19:42,200
He only called to service.

947
01:19:42,200 --> 01:19:45,200
He only called to serve his community in a deeper way.

948
01:19:45,200 --> 01:19:51,200
Michael joined the Gilroy Police Department in March of 2024 as a community service officer.

949
01:19:51,200 --> 01:19:58,200
Where he handled vehicle abatement, graffiti abatement, animal control, and cold case investigations.

950
01:19:59,200 --> 01:20:05,200
Inspired by the character, compassion, and professionalism of the officers he worked with,

951
01:20:05,200 --> 01:20:10,200
Michael decided to pursue his dream of becoming a police officer.

952
01:20:10,200 --> 01:20:18,200
He recently graduated from the South A Police Academy and his eager to begin serving the Gilroy community in this new capacity.

953
01:20:18,200 --> 01:20:25,200
Outside of work Michael enjoys spending time outdoors, walking and hiking with his wife and their dogs.

954
01:20:25,200 --> 01:20:36,200
He is a fan of movies and science fiction, a fitness enthusiast, and an avid, martial artist who trains and competes in jujitsu and MMA.

955
01:20:36,200 --> 01:20:41,200
Please help me welcome Officer Michael to the City of Gilroy.

956
01:20:41,200 --> 01:20:50,200
It's an honor to be here guys.

957
01:20:50,200 --> 01:20:57,200
I worked really hard and been in the town for a couple years now and I truly just love our community.

958
01:20:57,200 --> 01:21:05,200
It's part of the reason I stepped up to try to help the officers of Gilroy and the people of Gilroy, some of the best people I've met.

959
01:21:05,200 --> 01:21:12,200
So like I said it's an honor to be here. Thank you for this opportunity and if you ever seen me out there and you feel like you want to stop and talk.

960
01:21:12,200 --> 01:21:19,200
I'm always here.

961
01:21:19,200 --> 01:21:24,200
All right, up next we'll be police officer, Camilla Aguilar.

962
01:21:24,200 --> 01:21:33,200
Camilla started on the verbers' seconds. Camilla is a proud first-generation college graduate who earned her degree from Sacramento State University.

963
01:21:33,200 --> 01:21:39,200
She recently completed the South Bay Police Academy where she trained to become a sworn police officer.

964
01:21:39,200 --> 01:21:47,200
Before beginning her law enforcement career, Camilla gained a wide range of experience in both customer service and public safety.

965
01:21:47,200 --> 01:21:59,200
Holding Rose rolls, sorry, as a grocery store or cashier, game master at an escape room and community service officer for the University Police Department.

966
01:21:59,200 --> 01:22:09,200
One of her most meaningful professional experiences came right here in Gilroy, where she served as an intern with the South County Youth Task Force.

967
01:22:09,200 --> 01:22:19,200
That experience strengthened her passion for community engagement and public service, inspiring her to return to Gilroy as a police officer.

968
01:22:19,200 --> 01:22:26,200
Outside of work Camilla enjoys watching films spending time with friends and family and exploring new places.

969
01:22:26,200 --> 01:22:33,200
She is excited to be in her the next chapter and looks forward to serving and growing with the Gilroy community.

970
01:22:33,200 --> 01:22:38,200
Please join me in welcoming Camilla to this day of Gilroy.

971
01:22:38,200 --> 01:22:49,200
Hi there everybody. My name is Camilla Aguilar. You know it's an honor to be here.

972
01:22:49,200 --> 01:22:53,200
I'm very excited to work with you guys and just how Michael said it.

973
01:22:53,200 --> 01:23:01,200
If you guys ever want to stop by and say hi to me. Please let me know and I'll be here and talk and just have a nice time with you guys.

974
01:23:01,200 --> 01:23:03,200
Very excited to be here.

975
01:23:03,200 --> 01:23:04,200
Thank you.

976
01:23:09,200 --> 01:23:15,200
Thank you Captain Pal, you guys have no obligation. You're welcome to stay here all night if you'd like to. You have no obligation to stay.

977
01:23:15,200 --> 01:23:20,200
Let's see. Let's see if we go first.

978
01:23:20,200 --> 01:23:23,200
Okay moving on to item number two.

979
01:23:23,200 --> 01:23:26,200
The only items. Proclamation. I have one.

980
01:23:26,200 --> 01:23:45,200
Proclamation day. An arbor day. Proclamation. Which will be accepted by parks and wrecked commission chair Luis Ramirez.

981
01:23:45,200 --> 01:23:46,200
Okay city of Gilroy.

982
01:23:46,200 --> 01:23:54,200
We're as in 1872 the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees.

983
01:23:54,200 --> 01:23:58,200
And we're as arbor day is now observed throughout the nation and the world.

984
01:23:58,200 --> 01:24:06,200
And we're as trees are a renewable resource giving us paper wood for our homes, fuel for our fires and countless other wood products.

985
01:24:06,200 --> 01:24:12,200
And we're as trees wherever they are planted are a source of joy and spiritual renewal.

986
01:24:12,200 --> 01:24:19,200
Now therefore I Greg Bozo Mayor of the city of Gilroy together with my colleagues on the city council.

987
01:24:19,200 --> 01:24:24,200
Do hereby proclaim November 3rd, 2025 as arbor day.

988
01:24:24,200 --> 01:24:27,200
And encourage all citizens to celebrate arbor day.

989
01:24:27,200 --> 01:24:36,200
Support efforts to protect our trees and woodlands and plant trees to glad in the heart and promote the well-being of this and future generations.

990
01:24:36,200 --> 01:24:37,200
Thank you.

991
01:24:38,200 --> 01:24:39,200
Thank you.

992
01:24:43,200 --> 01:24:45,200
Thank you Mr. Mayor Council. Public.

993
01:24:45,200 --> 01:24:48,200
I invite everybody to come join us for arbor day.

994
01:24:48,200 --> 01:24:53,200
We're actually going to be planting some trees on Wednesday at 10 a.m. at Sydney Casper Park.

995
01:24:53,200 --> 01:24:56,200
Make this a this is something we've done.

996
01:24:56,200 --> 01:24:59,200
We've been part of tree city USA since 1979.

997
01:24:59,200 --> 01:25:02,200
It's a tradition that we've honored every single year.

998
01:25:02,200 --> 01:25:07,200
And then on Wednesday we do it again and maintaining joy as a tree city,

999
01:25:07,200 --> 01:25:09,200
keeping a green and keeping a healthy soul.

1000
01:25:09,200 --> 01:25:11,200
Thank you and I'd like you all there.

1001
01:25:11,200 --> 01:25:13,200
Thank you.

1002
01:25:32,200 --> 01:25:34,200
You are very good at this.

1003
01:25:34,200 --> 01:25:35,200
Thank you.

1004
01:25:35,200 --> 01:25:37,200
Oh, I'm here.

1005
01:25:37,200 --> 01:25:39,200
I'm here for every day.

1006
01:25:39,200 --> 01:25:41,200
Thank you.

1007
01:25:41,200 --> 01:25:43,200
Thank you very much.

1008
01:25:43,200 --> 01:25:45,200
Thank you.

1009
01:25:45,200 --> 01:25:47,200
Thank you.

1010
01:25:47,200 --> 01:25:48,200
Thank you.

1011
01:25:48,200 --> 01:25:49,200
Thank you.

1012
01:25:49,200 --> 01:25:52,200
Thank you.

1013
01:25:52,200 --> 01:26:15,200
Thank you very much.

1014
01:26:15,200 --> 01:26:20,480
Moving on to item number three, presentations to Council public comment by members of the

1015
01:26:20,480 --> 01:26:24,480
public, on items not on the agenda but within the subject matter jurisdiction of the City Council.

1016
01:26:24,480 --> 01:26:25,480
Any public comments?

1017
01:26:25,480 --> 01:26:27,480
Yes, I have five speakers currently.

1018
01:26:27,480 --> 01:26:33,480
I, Greg Filios, followed by Adam Jaso and Sherry Jaso.

1019
01:26:33,480 --> 01:26:36,480
Thank you.

1020
01:26:36,480 --> 01:26:38,480
I will post servants.

1021
01:26:38,480 --> 01:26:40,480
You see me wearing my vote?

1022
01:26:40,480 --> 01:26:41,480
It matters t-shirt.

1023
01:26:41,480 --> 01:26:44,480
This is a, I have a number of different vote shirts.

1024
01:26:44,480 --> 01:26:45,480
This is the last night.

1025
01:26:45,480 --> 01:26:49,480
I get to how is you for getting out to your constituents and

1026
01:26:49,480 --> 01:26:53,480
I think, reminding them that it is important to vote.

1027
01:26:53,480 --> 01:26:55,480
You guys, the last night.

1028
01:26:55,480 --> 01:26:58,480
So I'll find something else to ask you about.

1029
01:26:58,480 --> 01:27:02,480
But for tonight and tomorrow, I'll be wearing this over the weekend.

1030
01:27:02,480 --> 01:27:06,480
I, at the front of the festival was a great, great crowd.

1031
01:27:06,480 --> 01:27:12,480
Lots of different organizations had booths and every booth I made sure that I said,

1032
01:27:12,480 --> 01:27:16,480
hey, when you see people tell them voting matters.

1033
01:27:16,480 --> 01:27:20,480
So, no matter what happens in the, there's also the election.

1034
01:27:20,480 --> 01:27:22,480
No matter what happens.

1035
01:27:22,480 --> 01:27:25,480
You're still going to see us on Saturdays here.

1036
01:27:25,480 --> 01:27:29,480
So just to let you know that, no matter what the results are.

1037
01:27:29,480 --> 01:27:31,480
You're going to see us, our group.

1038
01:27:31,480 --> 01:27:36,480
We have a group of, you know, we average 35 to 40 tonight's more sometimes less on the corner.

1039
01:27:36,480 --> 01:27:41,480
First in Santa Teresa, every Saturday at 12am, spreading our message.

1040
01:27:41,480 --> 01:27:44,480
So you're still be seeing us.

1041
01:27:44,480 --> 01:27:47,480
And we just want you to be aware that we are there.

1042
01:27:47,480 --> 01:27:54,480
And we want people to go, and we don't say, and again, we don't say, we just want people to be informed voters.

1043
01:27:54,480 --> 01:27:56,480
So voting is important.

1044
01:27:56,480 --> 01:27:58,480
We don't say who is your vote vote.

1045
01:27:58,480 --> 01:28:03,480
But the idea of getting people to vote, getting people informed, spread that message.

1046
01:28:03,480 --> 01:28:04,480
Thank you so much.

1047
01:28:04,480 --> 01:28:06,480
Thank you.

1048
01:28:06,480 --> 01:28:11,480
Sorry, who's next, Kim?

1049
01:28:11,480 --> 01:28:16,480
Adam Jaso, followed by Sherry.

1050
01:28:24,480 --> 01:28:28,480
Mayor, City Council members and public.

1051
01:28:28,480 --> 01:28:32,480
My name is Adam Hasa, and this is my wife, Sherry Hasa.

1052
01:28:32,480 --> 01:28:36,480
My wife and I live on Forest Street in Delroy, Long Miller, Slu.

1053
01:28:36,480 --> 01:28:41,480
My mother, Martha Hasa, who couldn't be here tonight, owns the house across the sluph from us.

1054
01:28:41,480 --> 01:28:45,480
I'm here today to speak on behalf of my wife, my mother and myself,

1055
01:28:45,480 --> 01:28:50,480
and to bring to your attention an issue that I'm sure you're all well aware of.

1056
01:28:50,480 --> 01:28:52,480
And at some level have been dealing with.

1057
01:28:52,480 --> 01:28:56,480
That is the presence of homeless folks who reside in the sluph.

1058
01:28:56,480 --> 01:29:00,480
And the question of who is responsible for cleaning up their debris.

1059
01:29:00,480 --> 01:29:04,480
In part, I understand the rationale behind requiring the homeowner to clean up the debris,

1060
01:29:04,480 --> 01:29:06,480
because it is legally there property.

1061
01:29:06,480 --> 01:29:11,480
I discovered that through speaking with Feliciano Aguilar of Santa Clara,

1062
01:29:11,480 --> 01:29:14,480
Valley Water in Juke in June.

1063
01:29:14,480 --> 01:29:19,480
I call to inform Valley Water of the presence of the homeless folks in the sluph.

1064
01:29:19,480 --> 01:29:24,480
And the debris they had generated, and to ask if they had plans for cleaning it up.

1065
01:29:24,480 --> 01:29:29,480
He informed me that Valley Water had zero jurisdiction because of the sluph.

1066
01:29:29,480 --> 01:29:32,480
He passed through our property boundaries.

1067
01:29:32,480 --> 01:29:38,480
In September, my wife and I, as well as my mother, began receiving letters from the city of Gilroy,

1068
01:29:38,480 --> 01:29:46,480
requiring us to fill out a 602 PC enforcement form and to have it notarized and taken to the police department,

1069
01:29:46,480 --> 01:29:48,480
which we did.

1070
01:29:48,480 --> 01:29:52,480
The letter also instructed us to put up no trespassing signs with particular language,

1071
01:29:52,480 --> 01:29:54,480
which we also did.

1072
01:29:54,480 --> 01:30:00,480
Eventually, we received a citation in the amount of $200 for not cleaning up the homeless folks debris.

1073
01:30:00,000 --> 01:30:15,000
We have also received an additional citation letter increasing the amount of $400 for not meeting the deadline.

1074
01:30:15,000 --> 01:30:22,200
On June 23rd of this year, about four and a half months ago, the homeless encampment became so large that I called the city of Gilroy's non-emergency

1075
01:30:22,200 --> 01:30:26,200
phone number to request help in having these folks removed.

1076
01:30:26,200 --> 01:30:31,200
An officer came out, Christopher Silva by name, and asked them to leave.

1077
01:30:31,200 --> 01:30:35,200
They eventually left, and it was then my responsibility to remove the debris.

1078
01:30:35,200 --> 01:30:41,200
Approximately a 20 yard dumpster of debris was removed.

1079
01:30:41,200 --> 01:30:44,200
In late August, the homeless folks slowly returned.

1080
01:30:44,200 --> 01:30:50,200
I went down into the slew and informed them that they were on private property and needed to leave.

1081
01:30:50,200 --> 01:30:57,200
Some left and most stayed. One of them told me that they had returned to this location because they had asked.

1082
01:30:57,200 --> 01:31:00,200
They had been asked to leave another area downstream.

1083
01:31:00,200 --> 01:31:05,200
They had previously excavated a side of the bank here to create a level area.

1084
01:31:05,200 --> 01:31:14,200
So it was a convenient place to return to camp and they've also dug other trenches there as well.

1085
01:31:14,200 --> 01:31:20,200
Thus altering the water course as Matt Jones, the Deputy Director of Public Works Observed,

1086
01:31:20,200 --> 01:31:24,200
when looking at what the homeless folks had been doing.

1087
01:31:24,200 --> 01:31:30,200
This is not a new issue. On November 14th, 2022.

1088
01:31:30,200 --> 01:31:32,200
You can continue.

1089
01:31:32,200 --> 01:31:34,200
I'm sharing.

1090
01:31:40,200 --> 01:31:43,200
On November 14th, 2022,

1091
01:31:43,200 --> 01:31:45,200
almost three years ago.

1092
01:31:45,200 --> 01:31:49,200
I received a letter from the Code Enforcement Officer, Scott Barron,

1093
01:31:49,200 --> 01:31:54,200
regarding the same subject with similar requirements and penalties for not cleaning up the debris.

1094
01:31:54,200 --> 01:31:59,200
Here is a portion of my email response to him regarding this.

1095
01:31:59,200 --> 01:32:03,200
Quote, I hope that you're not serious about me cleaning up this mess in this slew

1096
01:32:03,200 --> 01:32:05,200
and issuing a citation if I have not.

1097
01:32:05,200 --> 01:32:08,200
Addressing the homelessness and the results of it.

1098
01:32:08,200 --> 01:32:13,200
Their trash is not my responsibility unless by force of law you make it my responsibility.

1099
01:32:13,200 --> 01:32:17,200
It seems like the city officials should be seeking to address the issue of homelessness.

1100
01:32:17,200 --> 01:32:22,200
And while they are working on it, cleaning up the debris that the Transans create.

1101
01:32:22,200 --> 01:32:26,200
I included my mother's name above in this letter, Martha Haasso,

1102
01:32:26,200 --> 01:32:30,200
because she's the owner of the property across the slew and also received a letter.

1103
01:32:30,200 --> 01:32:34,200
I'm writing on her behalf as well with due respect and thanks to your service to the community.

1104
01:32:34,200 --> 01:32:41,200
Again, that was a quote from a letter that my husband sent to the Code Enforcement Officer

1105
01:32:41,200 --> 01:32:43,200
almost three years ago.

1106
01:32:43,200 --> 01:32:48,200
Now I'm asking that the citation be cancelled or whatever the correct language is.

1107
01:32:48,200 --> 01:32:52,200
I do not want to be charged or cited for a problem that I did not create.

1108
01:32:52,200 --> 01:32:57,200
Before I was cited, I addressed the problem in June of this year and now it is returned.

1109
01:32:57,200 --> 01:33:02,200
Even if I were to address this problem again now or pay the fine and the city which would address it, it will return.

1110
01:33:02,200 --> 01:33:06,200
Thank you for your consideration.

1111
01:33:06,200 --> 01:33:07,200
Thank you.

1112
01:33:07,200 --> 01:33:10,200
We appreciate your service to the community.

1113
01:33:10,200 --> 01:33:11,200
Thank you very much.

1114
01:33:11,200 --> 01:33:15,200
John Kirkish, followed by Linda Burdy.

1115
01:33:15,200 --> 01:33:18,200
I'm sorry to hear that folks.

1116
01:33:18,200 --> 01:33:23,200
Good evening Mayor, council and community.

1117
01:33:23,200 --> 01:33:27,200
There's a couple of things I'd like to speak about real quick tonight.

1118
01:33:27,200 --> 01:33:35,200
Number one is the great work that our city administrator, you guys, and our public works department

1119
01:33:35,200 --> 01:33:38,200
and ahead on the streets.

1120
01:33:38,200 --> 01:33:44,200
We've made a great progress on several of the streets in Gilroy and I really appreciate it.

1121
01:33:44,200 --> 01:33:55,200
And I hope the public works people hear this because they need to have their stuff on the back too for doing a great job for this community.

1122
01:33:55,200 --> 01:34:09,200
On another note this weekend, I was informed this morning by somebody in San Jose that we had an assault against a police officer, a Gilroy police officer this weekend.

1123
01:34:09,200 --> 01:34:14,200
The assault officer heard his hand pretty badly, I understand.

1124
01:34:14,200 --> 01:34:23,200
And the officer's name is Brett Bakley and he's from what I understand he's going to be out for a long time.

1125
01:34:23,200 --> 01:34:31,200
So I just want to let our police officers know that I do hear stuff and I want to report it.

1126
01:34:31,200 --> 01:34:40,200
I want to expose it to the community so that you all understand how bad this problem can be to and how dangerous police work is.

1127
01:34:40,200 --> 01:34:43,200
So anyway, thank you very much.

1128
01:34:43,200 --> 01:34:48,200
Thank you.

1129
01:34:48,200 --> 01:34:53,200
Linda.

1130
01:34:53,200 --> 01:34:57,200
Good evening city council and they are my name is Linda Birdie.

1131
01:34:57,200 --> 01:35:02,200
I wanted to just say what's happening in my neighborhood and all around my neighborhoods.

1132
01:35:02,200 --> 01:35:06,200
The allowance of all these ad use being put in.

1133
01:35:06,200 --> 01:35:13,200
They I know it's not the city's problem in a sense because they're being mandated from the state.

1134
01:35:13,200 --> 01:35:17,200
But is there anything the city can do about it? They are leaving trash.

1135
01:35:17,200 --> 01:35:23,200
They're bringing down the values of the homes. The streets are over run with cars.

1136
01:35:23,200 --> 01:35:30,200
And so are the alleys which aren't dangerous because of a vehicle like a fire engine would not be able to get through.

1137
01:35:30,200 --> 01:35:40,200
And I just want to know what can be done to help homeowners like me who have been paying taxes keep my yard up and try to make it a pleasant community to live in.

1138
01:35:40,200 --> 01:35:50,200
And when people can move in multiple families built multiple units and then just trash the place. Thank you.

1139
01:35:50,200 --> 01:35:52,200
I have no more speakers.

1140
01:35:52,200 --> 01:35:55,200
Okay, thank you very much.

1141
01:35:55,200 --> 01:35:56,200
I'll go ahead.

1142
01:35:56,200 --> 01:35:58,200
Yes, sorry.

1143
01:35:58,200 --> 01:36:09,200
Two quick comments on the ADU we do have some illegal ADUs in the community and I would suggest she talk to Sharon our community development director.

1144
01:36:09,200 --> 01:36:17,200
Check out your area because the standards definitely have to take into account fire access in those types of issues.

1145
01:36:17,200 --> 01:36:21,200
So if there are some legitimate problems with those speak to them.

1146
01:36:21,200 --> 01:36:23,200
Also two yeah.

1147
01:36:23,200 --> 01:36:26,200
Our code enforcement officers speaking to the two individuals.

1148
01:36:26,200 --> 01:36:32,200
The attorney was going to mention and the reason I'm doing is we're not allowed to discuss if this is public information.

1149
01:36:32,200 --> 01:36:34,200
You do have a right to appeal on a citation.

1150
01:36:34,200 --> 01:36:44,200
But this is these are older ones and I think it was a previous administration that took a different approach to dealing with the enforcement issues.

1151
01:36:44,200 --> 01:36:49,200
And so I think they should bring that also to the attention of community development.

1152
01:36:49,200 --> 01:36:54,200
We'll see what we can do.

1153
01:36:54,200 --> 01:36:58,200
Okay, moving on to item number four reports of council members.

1154
01:36:58,200 --> 01:37:00,200
Council member Bronco.

1155
01:37:00,200 --> 01:37:05,200
I think I have I'd like to wish my colleague council member marks happy birthday.

1156
01:37:05,200 --> 01:37:06,200
Thank you.

1157
01:37:06,200 --> 01:37:07,200
Happy birthday.

1158
01:37:07,200 --> 01:37:13,200
Council member council member Fugazzi.

1159
01:37:13,200 --> 01:37:14,200
Nothing.

1160
01:37:14,200 --> 01:37:15,200
Thank you.

1161
01:37:15,200 --> 01:37:16,200
Council member marks.

1162
01:37:16,200 --> 01:37:19,200
Yes, one year younger.

1163
01:37:19,200 --> 01:37:24,200
But I would just like to say congratulations to the law of forensic committee.

1164
01:37:24,200 --> 01:37:26,200
It looked like a wonderful celebration.

1165
01:37:26,200 --> 01:37:27,200
Great music.

1166
01:37:27,200 --> 01:37:29,200
The sale is beautiful.

1167
01:37:29,200 --> 01:37:32,200
So many more to come in the future.

1168
01:37:32,200 --> 01:37:33,200
Thank you.

1169
01:37:33,200 --> 01:37:34,200
Council member Hilton.

1170
01:37:34,200 --> 01:37:38,200
Thank you from the Valley Transportation Authority Policy Advisory Committee.

1171
01:37:38,200 --> 01:37:40,200
After more than two years of public discussion.

1172
01:37:40,200 --> 01:37:42,200
Technical analysis and refinement.

1173
01:37:42,200 --> 01:37:45,200
The Metropolitan Transportation Commission and Association of Bay Area Governments.

1174
01:37:45,200 --> 01:37:48,200
I released the drop plan Bay Area 2050.

1175
01:37:48,200 --> 01:37:51,200
Plus and the plan Bay Area 2050.

1176
01:37:51,200 --> 01:37:54,200
Drought environmental impact report for review and comment.

1177
01:37:54,200 --> 01:37:58,200
You need to this plan is the parallel transit 2050 planning effort.

1178
01:37:58,200 --> 01:38:04,200
Which culminated in the first of its kind plans to re-envision the future of Bay Area Public Transportation.

1179
01:38:04,200 --> 01:38:07,200
A partnership with transit operators across the region.

1180
01:38:07,200 --> 01:38:12,200
You can read the read online the drop plan Bay Area 2050 reports.

1181
01:38:12,200 --> 01:38:15,200
And public comments are due by December 18th.

1182
01:38:15,200 --> 01:38:20,200
I'd like to thank VTA and their staff for sponsoring and attending the law firm to festival and wellness

1183
01:38:20,200 --> 01:38:21,200
for this past weekend.

1184
01:38:21,200 --> 01:38:26,200
They had their pink rap law in front of us there on display with two booze.

1185
01:38:26,200 --> 01:38:31,200
Were they resharing programs and projects as well as answering questions about current transit options?

1186
01:38:31,200 --> 01:38:33,200
From Silicon Valley Clean Energy.

1187
01:38:33,200 --> 01:38:40,200
SEC does not receive federal funding and staff into space no direct financial impacts from from government shutdown.

1188
01:38:40,200 --> 01:38:46,200
However, there will likely be indirect impacts including delays in energy project permitting.

1189
01:38:46,200 --> 01:38:55,200
Interruptions in rebates and reimbursements made to member agencies and and a potentially general negative impacts on the regional economy.

1190
01:38:55,200 --> 01:39:03,200
SEC faces many challenges in building a clean reliable and affordable supply portfolio and meeting its 100% carbon free target.

1191
01:39:03,200 --> 01:39:10,200
These challenges including increasing costs, expanding the regulation and growing load.

1192
01:39:10,200 --> 01:39:20,200
Despite these challenges, SEC hits its target every year and with the expectation of 2024 in which the goal is relaxed due to market conditions.

1193
01:39:20,200 --> 01:39:26,200
I'd like to personally thank SEC and their staff for sponsoring and attending the law firm to festival and wellness for a space weekend.

1194
01:39:26,200 --> 01:39:30,200
They were their sharing programs and projects as well as answering questions.

1195
01:39:30,200 --> 01:39:33,200
SEC has been a founding partner since the beginning.

1196
01:39:33,200 --> 01:39:42,200
And lastly, I just wanted to thank Senate quick thank you to our city staff from Gilroy from across all departments that either work the festival or attend it on their own.

1197
01:39:42,200 --> 01:39:46,200
Your presence in directing interaction with the festival in attendees.

1198
01:39:46,200 --> 01:39:48,200
Absolutely committee was noticed and appreciated.

1199
01:39:48,200 --> 01:39:58,200
It always live for an festival is bringing together a cross section of sponsorships and partnerships from government education, health, private sector, arts, transportation, culture, nonprofits.

1200
01:39:58,200 --> 01:40:00,200
Labor workforce and more.

1201
01:40:00,200 --> 01:40:06,200
Having our staff play an active part in the festival shows your willingness for collaboration and leadership in our community.

1202
01:40:06,200 --> 01:40:15,200
So I'd like to also echo my congratulations to the law firm.

1203
01:40:15,200 --> 01:40:19,200
The law firm to team great festival.

1204
01:40:19,200 --> 01:40:23,200
Great event for our downtown community as well.

1205
01:40:23,200 --> 01:40:26,200
Also congratulations to the library.

1206
01:40:26,200 --> 01:40:37,200
They had a ceremony on Saturday morning where they had the story walk where they have their storyboards out on display.

1207
01:40:37,200 --> 01:40:41,200
You can walk through the park and read the story.

1208
01:40:41,200 --> 01:40:51,200
They're integrating play and literacy both offsite there at Christmas Hill as well as at the library.

1209
01:40:51,200 --> 01:40:57,200
And I also want to encourage my fellow council members.

1210
01:40:57,200 --> 01:41:00,200
I did a right along with the police department.

1211
01:41:00,200 --> 01:41:05,200
I don't know maybe two weeks ago and I know that that was my third time doing it.

1212
01:41:05,200 --> 01:41:10,200
The last couple of years and I know that the chief sent out an email to all of you.

1213
01:41:10,200 --> 01:41:21,200
It's really a great way to learn about the challenges that they face on a day-to-day basis and ask a lot of questions.

1214
01:41:21,200 --> 01:41:28,200
And I am looking forward to my next ride along with the Fire Department next week.

1215
01:41:28,200 --> 01:41:29,200
Thank you.

1216
01:41:29,200 --> 01:41:30,200
Thank you council member Klein.

1217
01:41:30,200 --> 01:41:31,200
No report.

1218
01:41:31,200 --> 01:41:34,200
I have one report from the Gary Gardens Board of Directors.

1219
01:41:34,200 --> 01:41:40,200
I'm looking forward to our meeting at the end of November where we will be having a strategic plan session.

1220
01:41:40,200 --> 01:41:53,200
Which is a reflection of the new leadership at the Gary Gardens Board of Directors as they've begun to shift from a mode of survival into a mode of sustainability and longevity.

1221
01:41:53,200 --> 01:41:57,200
So I'm looking forward to that and I'll be reporting back after that meeting.

1222
01:41:58,200 --> 01:42:00,200
So moving on to the item number five.

1223
01:42:00,200 --> 01:42:01,200
It's the consent calendar.

1224
01:42:01,200 --> 01:42:10,200
We'll entertain an emotion for the to prove the consent calendar a 5.1 through 5.4.

1225
01:42:10,200 --> 01:42:11,200
So moved.

1226
01:42:11,200 --> 01:42:12,200
Thank you.

1227
01:42:12,200 --> 01:42:13,200
Okay.

1228
01:42:13,200 --> 01:42:16,200
I have a motion by council member Ramirez and the second by council members.

1229
01:42:16,200 --> 01:42:18,200
We'll call please.

1230
01:42:18,200 --> 01:42:20,200
Council member Bronco.

1231
01:42:20,200 --> 01:42:21,200
Council member Klein.

1232
01:42:21,200 --> 01:42:22,200
Yes.

1233
01:42:22,200 --> 01:42:23,200
Council member Fugazzi.

1234
01:42:23,200 --> 01:42:24,200
Yes.

1235
01:42:24,200 --> 01:42:25,200
Council member Hilton.

1236
01:42:25,200 --> 01:42:26,200
Yes.

1237
01:42:26,200 --> 01:42:27,200
Yes.

1238
01:42:27,200 --> 01:42:28,200
Yes.

1239
01:42:28,200 --> 01:42:29,200
Motion passes.

1240
01:42:29,200 --> 01:42:30,200
7 0.

1241
01:42:30,200 --> 01:42:31,200
Good.

1242
01:42:31,200 --> 01:42:32,200
Thank you.

1243
01:42:32,200 --> 01:42:33,200
Are you to the director.

1244
01:42:33,200 --> 01:42:37,200
He wanted me to mention that he's very proud of his staff.

1245
01:42:37,200 --> 01:42:41,200
This deals the report that you adopted tonight.

1246
01:42:41,200 --> 01:42:44,200
This plan.

1247
01:42:44,200 --> 01:42:51,200
Our sewer units have been able to maintain our sewer lines from overflow.

1248
01:42:51,200 --> 01:42:54,200
Beating most cities and counties within the state.

1249
01:42:54,200 --> 01:42:59,200
And so that's a compliment to the staff and it's a compliment to you giving in the resources.

1250
01:42:59,200 --> 01:43:00,200
They need to do that.

1251
01:43:00,200 --> 01:43:01,200
So thank you.

1252
01:43:01,200 --> 01:43:02,200
Thank you.

1253
01:43:02,200 --> 01:43:05,200
Moving on to item number six.

1254
01:43:05,200 --> 01:43:06,200
Bids and proposals.

1255
01:43:06,200 --> 01:43:13,200
6.1 award a contract to FBD van guard construction incorporated for the fiscal year.

1256
01:43:13,200 --> 01:43:22,200
26 CDBG sidewalk and curb ramp project number 26 dash pw dash 303 in the amount of 156.

1257
01:43:23,200 --> 01:43:25,200
6,820 dollars.

1258
01:43:25,200 --> 01:43:30,200
Improved a project contingency of $19,370 and 14 cents.

1259
01:43:30,200 --> 01:43:35,200
And approved a total project expenditure of $176,190.

1260
01:43:35,200 --> 01:43:37,200
14 cents for construction.

1261
01:43:37,200 --> 01:43:42,200
Staff report please.

1262
01:43:42,200 --> 01:43:43,200
Good evening.

1263
01:43:43,200 --> 01:43:44,200
City Council.

1264
01:43:44,200 --> 01:43:46,200
Mayor Bozos staff in the public.

1265
01:43:46,200 --> 01:43:48,200
I'm Nisha Patel City Engineer.

1266
01:43:48,200 --> 01:43:50,200
Please to present tonight.

1267
01:43:50,200 --> 01:43:56,200
Word of a construction contract to FBD van guard construction ink for the fiscal year.

1268
01:43:56,200 --> 01:44:04,200
26 CDBG sidewalk and curb ramp project.

1269
01:44:04,200 --> 01:44:09,200
And the project location is on the east side of Monterey.

1270
01:44:09,200 --> 01:44:12,200
Between 10th Street and Luchessa.

1271
01:44:12,200 --> 01:44:17,200
It's between the existing Monterey gateway apartments.

1272
01:44:17,200 --> 01:44:24,200
And the future Rome apartment development.

1273
01:44:24,200 --> 01:44:34,200
And the project is, again, between those two housing projects.

1274
01:44:34,200 --> 01:44:37,200
The Rome project is currently underway.

1275
01:44:37,200 --> 01:44:40,200
Some on site work is being done right now.

1276
01:44:40,200 --> 01:44:45,200
Construction is expected to begin in full this summer.

1277
01:44:45,200 --> 01:44:52,200
And there is also a city project of installing a hawk signal

1278
01:44:52,200 --> 01:44:57,200
to provide a controlled midblock crossing across Monterey Street

1279
01:44:57,200 --> 01:45:00,200
in front of the Monterey gateway apartments.

1280
01:45:00,000 --> 01:45:13,000
The hot signal project is expected to advertise for bids in spring 2026 and start construction in summer 2026.

1281
01:45:13,000 --> 01:45:20,000
So the details of the project, the project will construct sidewalk, curb, gutter and associated improvements.

1282
01:45:20,000 --> 01:45:27,000
It will provide a sidewalk connection from the existing Monterey Gateway apartment sidewalk and the new sidewalk being constructed,

1283
01:45:27,000 --> 01:45:29,000
the Rome Builders apartment project.

1284
01:45:29,000 --> 01:45:39,000
These improvements will also provide pedestrian connectivity from the Rome Builders apartment project to the future Monterey Gateway Senior apartment pedestrian safety improvements,

1285
01:45:39,000 --> 01:45:43,000
that hawk pedestrian crossing that I spoke about.

1286
01:45:43,000 --> 01:45:50,000
The project will also improve pedestrian safety and accessibility.

1287
01:45:51,000 --> 01:45:58,000
The city participates in HUD CDBG program, which allows the city to receive an annual allocation of CDBG funds.

1288
01:45:58,000 --> 01:46:04,000
The CDBG capital improvement allocation for the project was approved by city council in June 2025.

1289
01:46:04,000 --> 01:46:14,000
The fiscal year 2026 grant awarded to the city was in the amount of 176,190 dollars in 14 cents.

1290
01:46:14,000 --> 01:46:22,000
The project location was chosen because it fills a critical link between the two housing projects where there is currently no sidewalk.

1291
01:46:22,000 --> 01:46:34,000
The project can be constructed with the allocated budget and it will improve safety and accessibility to pedestrians and disabled.

1292
01:46:34,000 --> 01:46:41,000
On September 19, 2025, the city advertised for bids for the project and October 9.

1293
01:46:41,000 --> 01:46:45,000
We had the bid opening for the project received five bids.

1294
01:46:45,000 --> 01:46:50,000
One bid was just qualified and deemed non-responsive.

1295
01:46:51,000 --> 01:46:55,000
And we continued to review the bids and FED.

1296
01:46:55,000 --> 01:47:06,000
The end-guard construction was identified as a lowest responsive and responsible bidder with a bid of 156,820.

1297
01:47:06,000 --> 01:47:16,000
And today staff is requesting the city council award a construction contract and improves the construction contingency.

1298
01:47:21,000 --> 01:47:30,000
The proposed contract with FED Vanguard construction is in the amount of 156,820.

1299
01:47:30,000 --> 01:47:43,000
Staff is also requesting a construction contingency of 19,370 and 14 cents, which is remaining budget for the project, which is 11.

1300
01:47:43,000 --> 01:47:48,000
I mean 12.35% of the construction contract.

1301
01:47:49,000 --> 01:47:55,000
The total construction allocation would be 176,190.

1302
01:47:55,000 --> 01:48:06,000
And the funding is coming from fully coming from CDBG grant funds.

1303
01:48:06,000 --> 01:48:16,000
So staff is recommending the city council awarded contract to FED Vanguard construction ink in the amount of 156,820.

1304
01:48:16,000 --> 01:48:21,000
Approve a construction contingency of 19,370 and 14 cents.

1305
01:48:21,000 --> 01:48:25,000
This is for unforeseen construction conditions.

1306
01:48:25,000 --> 01:48:32,000
Approve a total project expenditure of 176,190 and 14 cents.

1307
01:48:32,000 --> 01:48:41,000
And authorized the city administrator execute the contract and associated documents.

1308
01:48:41,000 --> 01:48:51,000
If the council approves the contract with FED Vanguard construction tonight, staff will finalize the construction construction project schedule.

1309
01:48:51,000 --> 01:48:54,000
And the city administrator will execute the contract.

1310
01:48:54,000 --> 01:49:00,000
Construction is expected to begin in November 2025.

1311
01:49:00,000 --> 01:49:05,000
This concludes my presentation and I'm happy to answer questions.

1312
01:49:05,000 --> 01:49:10,000
Questions for staff?

1313
01:49:10,000 --> 01:49:12,000
Okay, public comment.

1314
01:49:12,000 --> 01:49:14,000
I have no comments.

1315
01:49:14,000 --> 01:49:15,000
All right.

1316
01:49:15,000 --> 01:49:20,000
I'll just have a quick comment.

1317
01:49:20,000 --> 01:49:25,000
This is when we built the Monterey Gateway apartments or started approval process.

1318
01:49:25,000 --> 01:49:28,000
We tried to condition them to build all these sidewalks.

1319
01:49:28,000 --> 01:49:30,000
To go all the way to 10th Street.

1320
01:49:30,000 --> 01:49:33,000
So I just want to give some thanks to staff.

1321
01:49:33,000 --> 01:49:35,000
Both of you weren't here when that occurred.

1322
01:49:35,000 --> 01:49:37,000
You kind of picked this up.

1323
01:49:37,000 --> 01:49:39,000
Great job on your first presentation.

1324
01:49:39,000 --> 01:49:45,000
But this project and that overlay is a perfect example of when we have relationships with our federal partners.

1325
01:49:45,000 --> 01:49:46,000
Our state electives.

1326
01:49:46,000 --> 01:49:48,000
It was representatives.

1327
01:49:48,000 --> 01:49:51,000
A state senator John Lairer who got $350,000.

1328
01:49:51,000 --> 01:49:53,000
A budget appropriations.

1329
01:49:53,000 --> 01:49:58,000
And then representatives are offering $350,000 to get that hot crosswalk in there.

1330
01:49:58,000 --> 01:50:01,000
And then of course using the federal HUD funds.

1331
01:50:01,000 --> 01:50:02,000
So you get that CDBG.

1332
01:50:02,000 --> 01:50:05,000
So just a great example of where we're running in margins.

1333
01:50:05,000 --> 01:50:08,000
We have a lot of stuff that we want to do through our general plan.

1334
01:50:08,000 --> 01:50:11,000
And having those relationships get stuff done like this.

1335
01:50:11,000 --> 01:50:12,000
So just want to say thank you.

1336
01:50:12,000 --> 01:50:14,000
And if no one else has any other comments or anything.

1337
01:50:14,000 --> 01:50:15,000
I'll be happy to make a motion.

1338
01:50:15,000 --> 01:50:16,000
One more ready.

1339
01:50:16,000 --> 01:50:17,000
A second.

1340
01:50:17,000 --> 01:50:18,000
Okay.

1341
01:50:18,000 --> 01:50:21,000
I'll entertain the motion by council member.

1342
01:50:21,000 --> 01:50:24,000
Hilton with a second by council member Klein.

1343
01:50:24,000 --> 01:50:31,000
To award a contract to FBD van guard construction and corporate for fiscal year 26.

1344
01:50:31,000 --> 01:50:41,000
CDBG sidewalk and curb ramp project number 26, PW303 in the amount of 100 in amount of 176,000,

1345
01:50:41,000 --> 01:50:44,000
$1194 in 14 cents.

1346
01:50:44,000 --> 01:50:47,000
Including the cost of project and contingencies.

1347
01:50:47,000 --> 01:50:49,000
Roll call please.

1348
01:50:49,000 --> 01:50:51,000
Council member Rocco.

1349
01:50:51,000 --> 01:50:52,000
Yes.

1350
01:50:52,000 --> 01:50:53,000
Council member Klein.

1351
01:50:53,000 --> 01:50:54,000
Council member Fugazzi.

1352
01:50:54,000 --> 01:50:55,000
Yes.

1353
01:50:55,000 --> 01:50:56,000
Council member Hilton.

1354
01:50:56,000 --> 01:50:57,000
Council member Marks.

1355
01:50:57,000 --> 01:50:58,000
Council member Ramirez.

1356
01:50:58,000 --> 01:50:59,000
Yes.

1357
01:50:59,000 --> 01:51:00,000
Mayor Bozo.

1358
01:51:00,000 --> 01:51:01,000
Yes.

1359
01:51:01,000 --> 01:51:02,000
Motion passes 70.

1360
01:51:02,000 --> 01:51:04,000
Okay.

1361
01:51:04,000 --> 01:51:07,000
Moving on to item number 7.

1362
01:51:07,000 --> 01:51:08,000
7.1.

1363
01:51:08,000 --> 01:51:11,000
Introduction and first reading of an ordinance.

1364
01:51:11,000 --> 01:51:19,000
Reading chapter 30 article 54 of the Gilroy city code relating to accessory dwelling units.

1365
01:51:19,000 --> 01:51:24,000
Z 25 dash 0 2.

1366
01:51:24,000 --> 01:51:29,000
Before we go to staff report, are there any expertise communications report by council?

1367
01:51:29,000 --> 01:51:30,000
None.

1368
01:51:30,000 --> 01:51:31,000
Okay.

1369
01:51:31,000 --> 01:51:32,000
Take it away.

1370
01:51:32,000 --> 01:51:33,000
Staff.

1371
01:51:33,000 --> 01:51:34,000
Thank you, Mayor.

1372
01:51:34,000 --> 01:51:54,000
Thank you, Director Goe and also thank Good evening, Honorable Mayor and council members.

1373
01:51:54,000 --> 01:51:57,000
I'm Michael Fassad, I'm the Planning Manager for the City of Gilroy.

1374
01:51:57,000 --> 01:52:03,000
I'd like to present to you the AD ordinance update for 2025.

1375
01:52:03,000 --> 01:52:14,000
Be dwelling units and junior accessory dwelling units are residential units that can be built on lots that contain either a single family residents or a multifamily residents like an apartment building.

1376
01:52:14,000 --> 01:52:18,000
They come in all shapes and sizes including detached attached.

1377
01:52:18,000 --> 01:52:29,000
Bill inside the existing residents on the lower level attached to a detached garage above that detached garage or by converting and existing attached garage into an ADU.

1378
01:52:29,000 --> 01:52:34,000
The ADUs provide a fast low impact way of adding new housing within existing neighborhoods.

1379
01:52:34,000 --> 01:52:37,000
California has a severe housing shortage.

1380
01:52:37,000 --> 01:52:42,000
Developing ADUs is a large part of California strategy to address the issue.

1381
01:52:42,000 --> 01:52:49,000
As ADUs promotes sustainable development and expand affordability without large-scale new infrastructure.

1382
01:52:49,000 --> 01:52:55,000
Every year, the state of California passes laws that promote ADU development.

1383
01:52:55,000 --> 01:53:06,000
Local jurisdictions must adopt these laws to remain compliant with the state's housing policies while doing our best to protect residents interest as well-stated by Miss Bertie.

1384
01:53:06,000 --> 01:53:13,000
Tonight, we will be discussing these laws with you and explain how the City of Gilroy will remain compliant with state housing policy.

1385
01:53:13,000 --> 01:53:19,000
We will first review the state laws that impact ADU development.

1386
01:53:19,000 --> 01:53:35,000
A stated in the staff report, recent state legislation has established new requirements for ADUs, including Senate Bill 477, Assembly Bill 2533, Senate Bill 1211 and Senate Bill 1077.

1387
01:53:35,000 --> 01:53:40,000
Each of these bills impact ADU legislation in unique ways.

1388
01:53:40,000 --> 01:53:50,000
To start, SB 477, re-numbered and reorganized previous legislation to, into multiple statutes, aiming to make the laws more organized.

1389
01:53:50,000 --> 01:53:58,000
Next, AB 2533, which took effect in January of this year, was designed to help legalize and permit an ADUs.

1390
01:53:58,000 --> 01:54:06,000
The goal of this laws to create a program for older and permitted ADUs and JDUs without homeowners facing fines, penalties, or demolition orders.

1391
01:54:06,000 --> 01:54:14,000
The focus of this law will still be to preserve fundamental health and safety standards compared to broader building code requirements.

1392
01:54:14,000 --> 01:54:24,000
In addition, 1211, SB 1211 allowed more ADUs on multi-family properties in streamlined ADU permitting on coastal towns.

1393
01:54:24,000 --> 01:54:29,000
The major code updates that the city took advantage of were as follows.

1394
01:54:29,000 --> 01:54:37,000
Government code section 65852 was a single, lengthy statute with many complex subsections and extensive details.

1395
01:54:37,000 --> 01:54:45,000
SB 477 repealed that code section and replaced it with 33 shorter clear sections for easier use.

1396
01:54:45,000 --> 01:54:52,000
Our current code prohibits short-term rentals in ADUs, while state law now requires de-districtions to protect those.

1397
01:54:53,000 --> 01:55:00,000
State law doesn't allow the ADU to be sold separately, except in a special case involving a qualified non-profit organization.

1398
01:55:00,000 --> 01:55:18,000
And the state added clarifying language to bar local governments from imposing additional design restrictions on by-right ADUs that include units of a lease, 800 square feet, and no far, and at least four feet from the side in a rear lotline.

1399
01:55:18,000 --> 01:55:27,000
Additional zoning amendments include removing the one story limit and allowing developers to provide covered or uncovered parking spaces to meet ADU requirements.

1400
01:55:27,000 --> 01:55:33,000
The amendments also remove exterior stairways facing public streets as a reason to deny an ADU.

1401
01:55:33,000 --> 01:55:42,000
In multi-family zones up to 80-touch ADUs are allowed, but the actual number depends on the number of existing residential dwelling units on the property.

1402
01:55:42,000 --> 01:55:52,000
For example, if someone owns a four-plex, they're able to build a maximum of four ADUs, one ADU-preach, one residential unit.

1403
01:55:52,000 --> 01:55:55,000
These are state mandates, by the way.

1404
01:55:55,000 --> 01:55:58,000
New laws added definitions and standards.

1405
01:55:58,000 --> 01:56:02,000
For example, the definition of livable space was created.

1406
01:56:02,000 --> 01:56:14,000
Also, language was updated in our local city code to remain consistent with ACD guidance, just for clarity, ACD stands for the California Department of Housing and Community Development.

1407
01:56:14,000 --> 01:56:23,000
Lastly, the state laws mandated that local design standards do not prevent the construction of a by-right ADU.

1408
01:56:23,000 --> 01:56:31,000
As with all zoning amendments, the city must find consistency with the 2040 General Plan goals and policies to recommend for approval.

1409
01:56:31,000 --> 01:56:38,000
And staff found the amendment consistent as it supports the goal of promoting diverse housing for livable neighborhoods.

1410
01:56:38,000 --> 01:56:47,000
Additionally, the amendment supports the housing element goals by encouraging unit production and removing regulatory barriers.

1411
01:56:47,000 --> 01:56:54,000
At their October 16th, the Planning Commission meeting, the Planning Commission recommends city council approve the updated ADU ordinance.

1412
01:56:54,000 --> 01:56:57,000
I have booked a 6-0 with one FC.

1413
01:56:57,000 --> 01:57:01,000
So, in closing, staff recommends the three following items.

1414
01:57:01,000 --> 01:57:07,000
The term of the proposed ordinance is the statutory exempt from the California Environmental Quality Act.

1415
01:57:07,000 --> 01:57:17,000
pursuant to a Sequoagod line section 15252H, which refers to the adoption of an ordinance regarding second units in a single family or multi-family residential zoning district.

1416
01:57:17,000 --> 01:57:31,000
By a city or county to implement the provisions, the government code section 66314 and 6633, a set forth in public resources code section 2100.17.

1417
01:57:32,000 --> 01:57:40,000
A motion to read the ordinance by title only in way the further reading of the ordinance and to introduce the ordinance of the city council of the city of Gilroy,

1418
01:57:40,000 --> 01:57:46,000
amending chapter 50 article 54 of the Gilroy city code relating to accessory dwelling units.

1419
01:57:46,000 --> 01:57:51,000
This concludes to have summary of the proposed ordinance, and I'd be happy to answer any questions.

1420
01:57:51,000 --> 01:57:53,000
Thank you.

1421
01:57:53,000 --> 01:57:55,000
Okay, see someone up on the board here.

1422
01:57:55,000 --> 01:57:59,000
I have council member Fugati questions.

1423
01:57:59,000 --> 01:58:05,000
So, I remember when I was on the planning commission and we had some of this come through a couple years ago.

1424
01:58:05,000 --> 01:58:07,000
I asked the question.

1425
01:58:07,000 --> 01:58:12,000
What of this is mandated versus what of it is discretionary?

1426
01:58:12,000 --> 01:58:14,000
That's coming through as changes.

1427
01:58:14,000 --> 01:58:18,000
Can you itemize or just say, is it all mandated?

1428
01:58:18,000 --> 01:58:20,000
Everything here is mandated.

1429
01:58:20,000 --> 01:58:27,000
There's nothing that the city, the only non-mandated item was that happened when I believe you were on the commission,

1430
01:58:27,000 --> 01:58:32,000
where the buy-write ADUs I was referencing typically are ages where feet.

1431
01:58:32,000 --> 01:58:40,000
The state doesn't allow the city has limited the city has limited discretion to not allow 800 square foot ADUs.

1432
01:58:40,000 --> 01:58:45,000
The city of Gilroy in 2023 allowed that for a thousand square foot ADUs.

1433
01:58:45,000 --> 01:58:47,000
That's the one discretionary thing.

1434
01:58:47,000 --> 01:58:49,000
Okay, that's the only one I recognized out of it.

1435
01:58:49,000 --> 01:58:51,000
I just wanted to make sure I didn't miss one.

1436
01:58:51,000 --> 01:58:54,000
The next thing is in the definition section.

1437
01:58:54,000 --> 01:58:59,000
I didn't see anything that said what car share is.

1438
01:58:59,000 --> 01:59:01,000
I can speak at car share.

1439
01:59:01,000 --> 01:59:07,000
I have to put that in the definitions because it doesn't speak to it at all and it seems kind of ambiguous.

1440
01:59:07,000 --> 01:59:13,000
We have the definition in there.

1441
01:59:13,000 --> 01:59:17,000
Then I'll share the city council discretion.

1442
01:59:18,000 --> 01:59:28,000
The state requires us to, if someone wants to remove a parking space because there's a car share facility allowed in their area,

1443
01:59:28,000 --> 01:59:31,000
then the city has to approve it.

1444
01:59:31,000 --> 01:59:37,000
The reason why it's in our city code is because typically when planners, when someone submits an ADU,

1445
01:59:37,000 --> 01:59:39,000
we go to our city code for reference.

1446
01:59:39,000 --> 01:59:44,000
I'm not having it in there and someone saying I'm a part of a car share program,

1447
01:59:44,000 --> 01:59:47,000
which may not be happening in the future.

1448
01:59:47,000 --> 01:59:50,000
I'm a part of a car share program where there's a zip car adjacent to my property.

1449
01:59:50,000 --> 01:59:52,000
Well, that's what I'm asking.

1450
01:59:52,000 --> 01:59:54,000
So zip car is one.

1451
01:59:54,000 --> 01:59:57,000
If I get a share ride on a Uber, is that a car share?

1452
02:00:00,000 --> 02:00:21,000
The dedicated car share, right, since not defined in here, though, exactly how it is.

1453
02:00:21,000 --> 02:00:24,000
That's my understanding, agreed.

1454
02:00:24,000 --> 02:00:28,000
Okay, so we don't need any language that says what a car share is.

1455
02:00:28,000 --> 02:00:30,000
No, because I-

1456
02:00:30,000 --> 02:00:31,000
Is it-

1457
02:00:31,000 --> 02:00:33,000
Is it intended to be an ambiguous?

1458
02:00:33,000 --> 02:00:34,000
Yes, it-

1459
02:00:34,000 --> 02:00:35,000
I can't-

1460
02:00:35,000 --> 02:00:38,000
How many times have they defined half mile from a transit stop?

1461
02:00:38,000 --> 02:00:39,000
Right, so-

1462
02:00:39,000 --> 02:00:41,000
Okay.

1463
02:00:41,000 --> 02:00:48,000
Okay, the last question I have is, there didn't seem to be any parking requirements, and I saw one of the

1464
02:00:48,000 --> 02:00:51,000
thing on there, too, for multi-family.

1465
02:00:51,000 --> 02:00:56,000
So if I had a four-plex and I wanted to add four more units, first of all, I can make

1466
02:00:56,000 --> 02:00:59,000
them any square footage I want, right, because I saw that on there.

1467
02:00:59,000 --> 02:01:04,000
And then I don't have to have parking for it, or I do, because it didn't seem like it was laid out.

1468
02:01:04,000 --> 02:01:12,000
Oh, parking, parking itself is based on location, not whether it's- if it's a detached ADU, and you're not within

1469
02:01:12,000 --> 02:01:18,000
I believe a quarter mile of a bus station, you need to provide a parking space.

1470
02:01:18,000 --> 02:01:20,000
It was a detached.

1471
02:01:20,000 --> 02:01:21,000
So it's not-

1472
02:01:21,000 --> 02:01:26,000
If those requirements were in the single-family section, I believe, and not in the multi-family section.

1473
02:01:26,000 --> 02:01:29,000
We would reference the parking requirements from the single-family.

1474
02:01:29,000 --> 02:01:30,000
Okay, because they're not.

1475
02:01:30,000 --> 02:01:35,000
That's why I'm saying, they're not referenced in what you submitted under the multi-family portion.

1476
02:01:35,000 --> 02:01:36,000
I see.

1477
02:01:36,000 --> 02:01:39,000
So we might want to be more specific there, as all I'm saying.

1478
02:01:39,000 --> 02:01:40,000
Okay.

1479
02:01:40,000 --> 02:01:47,000
And I didn't- I didn't recall seeing that there isn't a floor space requirement in there either.

1480
02:01:47,000 --> 02:01:50,000
I saw in your presentation that was there, but you might want to go back and-

1481
02:01:50,000 --> 02:01:52,000
And refer to that for multi-family.

1482
02:01:52,000 --> 02:01:54,000
No, because of floor space.

1483
02:01:54,000 --> 02:01:59,000
Because they're- and we spoke with ACD specifically about that because they don't mandate floor space.

1484
02:01:59,000 --> 02:02:01,000
Are you referring to size of the ADU itself?

1485
02:02:01,000 --> 02:02:03,000
Yeah, so just as an example, right?

1486
02:02:03,000 --> 02:02:06,000
Again, back to a floorplex, somebody has a floorplex already.

1487
02:02:06,000 --> 02:02:09,000
They have a bunch of car ports or whatever in the back.

1488
02:02:09,000 --> 02:02:13,000
They just tear them down and say, I'm going to build another four units back there.

1489
02:02:13,000 --> 02:02:18,000
But although I have 700 square foot units in my main floorplex,

1490
02:02:18,000 --> 02:02:22,000
I'd like to make these 1500 square feet a piece.

1491
02:02:22,000 --> 02:02:23,000
They could do that.

1492
02:02:23,000 --> 02:02:24,000
Because that is correct.

1493
02:02:24,000 --> 02:02:25,000
Because it's different than the single family.

1494
02:02:25,000 --> 02:02:27,000
Well, I just want to make sure the public understands that, too.

1495
02:02:27,000 --> 02:02:28,000
Yes.

1496
02:02:28,000 --> 02:02:29,000
Okay. That's it. Thank you.

1497
02:02:29,000 --> 02:02:32,000
If I may, council member, if you guys-

1498
02:02:32,000 --> 02:02:34,000
You know, this is predicated on the size of the lot.

1499
02:02:34,000 --> 02:02:36,000
There's a number of parameters associated with the balping.

1500
02:02:36,000 --> 02:02:37,000
Of course.

1501
02:02:39,000 --> 02:02:41,000
Other questions?

1502
02:02:43,000 --> 02:02:44,000
Okay.

1503
02:02:44,000 --> 02:02:54,000
If this warrants down the road a little bit, whether or not we review and determine whether we want

1504
02:02:54,000 --> 02:03:01,000
to try to update our current ADU ordinance.

1505
02:03:01,000 --> 02:03:07,000
If there is anything that we can do to try to take that some control.

1506
02:03:07,000 --> 02:03:09,000
Just food for thought.

1507
02:03:09,000 --> 02:03:12,000
Just kind of overdo it.

1508
02:03:12,000 --> 02:03:13,000
Yeah. Well, we're big.

1509
02:03:13,000 --> 02:03:14,000
Yep.

1510
02:03:14,000 --> 02:03:16,000
Because we're being mandated by this.

1511
02:03:16,000 --> 02:03:18,000
What? We're feeling what we-

1512
02:03:18,000 --> 02:03:21,000
We can't, we can't hear you guys. Sorry, go ahead and put your mics.

1513
02:03:21,000 --> 02:03:23,000
All I've seen is we're doing that right now.

1514
02:03:23,000 --> 02:03:26,000
The action you just talked about is exactly what we're doing right now.

1515
02:03:26,000 --> 02:03:28,000
So if there's something that you want to add in there,

1516
02:03:28,000 --> 02:03:31,000
and do it now, the floor is open to do that.

1517
02:03:31,000 --> 02:03:32,000
Okay.

1518
02:03:32,000 --> 02:03:34,000
That's what this is.

1519
02:03:34,000 --> 02:03:35,000
Okay.

1520
02:03:35,000 --> 02:03:47,000
Well, what is the requirement in terms of my understanding is they can put ADUs in the front of the home as well?

1521
02:03:47,000 --> 02:03:58,000
Well, actually, if remember the, the buy-write ADU, if the city has to,

1522
02:03:58,000 --> 02:04:00,000
that's kind of a tricky question.

1523
02:04:00,000 --> 02:04:03,000
First of all, I just want to, so we have to speak it out.

1524
02:04:05,000 --> 02:04:11,000
The city can't preclude an 800 square foot ADU that's four feet from the side and we're a lot line.

1525
02:04:11,000 --> 02:04:21,000
We can't preclude it. So what that means is if they have the space in their front yard to build an 800 square foot ADU,

1526
02:04:21,000 --> 02:04:23,000
they have a right to do that per stay log.

1527
02:04:23,000 --> 02:04:25,000
And that can go all the way to the side block.

1528
02:04:25,000 --> 02:04:27,000
That's kind of why it's a tricky question.

1529
02:04:27,000 --> 02:04:30,000
So not if there's typically sidewalks have easements.

1530
02:04:30,000 --> 02:04:32,000
So it doesn't mean you can build into an easement.

1531
02:04:32,000 --> 02:04:35,000
And so what if the adjacent easement precludes that 800 square feet?

1532
02:04:35,000 --> 02:04:40,000
That's where public health and safety kind of over rules state.

1533
02:04:40,000 --> 02:04:42,000
Because it's a case by case that that is correct.

1534
02:04:42,000 --> 02:04:47,000
Okay. And then that four foot is that a,

1535
02:04:47,000 --> 02:04:52,000
from the wall or is that from the, the end of the.

1536
02:04:52,000 --> 02:04:54,000
You've eaves.

1537
02:04:54,000 --> 02:04:59,000
So just a reader is so just to, just to make sure I understand,

1538
02:04:59,000 --> 02:05:06,000
is the four foot set back based on the wall of the ADU to the property line or from the eave.

1539
02:05:06,000 --> 02:05:09,000
So it's from the typically is the wall.

1540
02:05:09,000 --> 02:05:10,000
Okay.

1541
02:05:10,000 --> 02:05:19,000
So the eave can go right next to an adjacent neighboring eave if you will.

1542
02:05:19,000 --> 02:05:26,000
Well, when we reference eaves, there comes the be others standards happening.

1543
02:05:26,000 --> 02:05:32,000
Now the eave would have to be built in a manner that would not,

1544
02:05:32,000 --> 02:05:36,000
not only not in crouched, but also help in safety guidelines.

1545
02:05:36,000 --> 02:05:40,000
So the idea is you can't build an eave ever just speaking apple that.

1546
02:05:40,000 --> 02:05:46,000
Well, they can't speak to eave where it could catch on fire to affect the other property owner.

1547
02:05:46,000 --> 02:05:48,000
It would have to be a certain material.

1548
02:05:48,000 --> 02:05:51,000
So again, it's case by case.

1549
02:05:52,000 --> 02:05:57,000
And that in, you know, I, that's a respect to questions that they're really case by case scenarios.

1550
02:05:57,000 --> 02:06:06,000
The state has really shown the local jurisdictions, all of California cities and counties that they're looking to allow ADU development.

1551
02:06:06,000 --> 02:06:07,000
So.

1552
02:06:07,000 --> 02:06:08,000
Have councilmember.

1553
02:06:08,000 --> 02:06:12,000
Yeah, and I just want to remind us when we say the state and the mandates.

1554
02:06:12,000 --> 02:06:20,000
They're actually elected people just like us that we chose democratically to elect that right this legislation to get it in the signing of the law.

1555
02:06:20,000 --> 02:06:23,000
And we have thousands of people up and down the state of California.

1556
02:06:23,000 --> 02:06:25,000
There are advocates for stuff like this.

1557
02:06:25,000 --> 02:06:27,000
We are advocates for stuff like this in the city of Gilroy.

1558
02:06:27,000 --> 02:06:29,000
We actually wrote it in our housing element.

1559
02:06:29,000 --> 02:06:30,000
It's a goal of ours.

1560
02:06:30,000 --> 02:06:34,000
We're a part of the county collaborative that has made it easier to.

1561
02:06:34,000 --> 02:06:40,000
You know, to build ADUs and go right around the county by doing pre-approved ADU plans.

1562
02:06:40,000 --> 02:06:41,000
Right?

1563
02:06:41,000 --> 02:06:42,000
We do ADU education.

1564
02:06:42,000 --> 02:06:43,000
We're doing outreach.

1565
02:06:43,000 --> 02:06:48,000
So, you know, I want us to take a little bit of a step back on this like.

1566
02:06:48,000 --> 02:06:52,000
They blame it on the state type thing, you know, because they are our partners.

1567
02:06:52,000 --> 02:06:53,000
They are elected.

1568
02:06:53,000 --> 02:06:58,000
If we want them to come here and talk about those that they've that they've gotten past or whatever.

1569
02:06:58,000 --> 02:07:00,000
They wouldn't, you know, let's invite them in.

1570
02:07:00,000 --> 02:07:01,000
But so.

1571
02:07:01,000 --> 02:07:05,000
How are we going to move forward to ensure that we comply with state law?

1572
02:07:05,000 --> 02:07:07,000
Because I can tell you that one of the reasons why.

1573
02:07:07,000 --> 02:07:08,000
Those.

1574
02:07:08,000 --> 02:07:10,000
The land language was added in there.

1575
02:07:10,000 --> 02:07:15,000
That, you know, basically the city doesn't do this process that we're doing right now.

1576
02:07:15,000 --> 02:07:18,000
On annual basis, like a cleanup language basis.

1577
02:07:18,000 --> 02:07:24,000
That you're, you're, you just become no-envoyed because they're not going to sit around and wait for us to enact those changes.

1578
02:07:24,000 --> 02:07:31,000
So, what's our move besides, you know, just having internal conversations like we should get this in front of council.

1579
02:07:31,000 --> 02:07:32,000
We should get this in front of council.

1580
02:07:32,000 --> 02:07:38,000
Like, why are we not just doing language cleanup like every January like other jurisdictions do when I know you came from another jurisdictions.

1581
02:07:38,000 --> 02:07:42,000
So, maybe there's a best practice over there that you can bring here.

1582
02:07:43,000 --> 02:07:50,000
I could speak, there's a number of priorities in the city of Gilroy and there's staff that deal with a lot of these.

1583
02:07:50,000 --> 02:08:01,000
I did, fortunately, come from another jurisdictions and what I've appreciated is the urgency that bringing this 80 ordinance up to the council at this time.

1584
02:08:01,000 --> 02:08:10,000
I, you know, I can't speak on internal operations that had happened six or nine months ago, but I'm really excited about bringing the opportunity to answer these questions about 80 ordinances.

1585
02:08:11,000 --> 02:08:13,000
I can't speak to what's going to happen for the future.

1586
02:08:13,000 --> 02:08:19,000
I know we've had conversations with ACD and they seem to be happy with what we're proposing.

1587
02:08:19,000 --> 02:08:23,000
And we're proposing the minimum standards that they're asking us to propose.

1588
02:08:23,000 --> 02:08:33,000
And I know that actually coming from another jurisdictions, I know that the same standards that are being asked here are being asked and that previous city I was working for.

1589
02:08:33,000 --> 02:08:36,000
So, let me go to councilmember Fugazzi.

1590
02:08:37,000 --> 02:08:41,000
First, let me say I will blame it on the state. So I don't have a problem with that.

1591
02:08:41,000 --> 02:08:50,000
The state of California is encroaching on many cities like Gilroy who are losing little by little all of our local control.

1592
02:08:50,000 --> 02:09:02,000
And whenever we have an opportunity to say how we want things to be and where we have still some room to do it, we should exercise this to figure it out.

1593
02:09:02,000 --> 02:09:11,000
And to that end, we only have to do 800 feet, right? So it could be up to the council still to change that at this point.

1594
02:09:11,000 --> 02:09:17,000
I get that our housing element says one thing, but I just wanted to make that clear, we could change that, right?

1595
02:09:17,000 --> 02:09:18,000
Correct, correct.

1596
02:09:18,000 --> 02:09:19,000
Okay.

1597
02:09:19,000 --> 02:09:21,000
What happened in 2020, three could be changed today.

1598
02:09:21,000 --> 02:09:22,000
But 800 is the minimum.

1599
02:09:22,000 --> 02:09:25,000
Yeah, it's the minimum, but we're doing a thousand right now.

1600
02:09:25,000 --> 02:09:28,000
I'm not saying one way or the other, I'm just saying it.

1601
02:09:28,000 --> 02:09:38,000
It is a place where whatever little control we have, we should make sure that we understand what that is and take any opportunity we can to keep it.

1602
02:09:38,000 --> 02:09:39,000
I can't remember.

1603
02:09:39,000 --> 02:09:40,000
Hold on, sorry about that.

1604
02:09:40,000 --> 02:09:41,000
So put that back on the table.

1605
02:09:41,000 --> 02:09:47,000
A thousand feet is what we are, what we have chosen in the past to restrict these when we can go higher.

1606
02:09:47,000 --> 02:09:49,000
So that is our local control.

1607
02:09:49,000 --> 02:09:56,000
But before we took this action tonight, and maybe the director can come up and talk for a quick second.

1608
02:09:56,000 --> 02:10:05,000
Because it was me working with her office in the city attorney before we went into a budget planning session to figure out when we're going to get this back on the agenda.

1609
02:10:05,000 --> 02:10:07,000
When we're going to be back on the work plan.

1610
02:10:07,000 --> 02:10:13,000
Because if we want to keep that local control that we have, then we can't let this continue to lapse again.

1611
02:10:13,000 --> 02:10:18,000
And it just be no one void, and someone could just say, you guys are not following the state law.

1612
02:10:18,000 --> 02:10:20,000
Anyways, you have it for two years.

1613
02:10:20,000 --> 02:10:24,000
So you're no one going to use the states, which means they could go higher.

1614
02:10:24,000 --> 02:10:30,000
So that is exactly what I'm trying to get at is to say, this should come back every January.

1615
02:10:30,000 --> 02:10:37,000
Whenever there's laws that are rewritten at the end of the year, bring those forward in January.

1616
02:10:37,000 --> 02:10:40,000
So we don't lose our local control that we currently have.

1617
02:10:40,000 --> 02:10:42,000
Does that make sense?

1618
02:10:43,000 --> 02:10:48,000
Do you not want to bring up the director? Are you trying to like, no, I'm the director.

1619
02:10:48,000 --> 02:10:52,000
Yeah, time, time out, time out, you know what?

1620
02:10:52,000 --> 02:10:56,000
Okay, guys, hey, whoa, Sharon.

1621
02:10:56,000 --> 02:10:59,000
Don't be bashful.

1622
02:10:59,000 --> 02:11:05,000
Okay, I understand the discussion that's occurring here, and I'm going to take my part.

1623
02:11:05,000 --> 02:11:12,000
One is, I get that if we have discretionary discretion, let's be proactive with that.

1624
02:11:12,000 --> 02:11:16,000
Let's also be proactive in needing the state requirements.

1625
02:11:16,000 --> 02:11:24,000
Okay, I will also say, in my short time here, that I do know staff has had to set some important things aside.

1626
02:11:24,000 --> 02:11:28,000
In order to get more immediate things, the council would like seeing it done.

1627
02:11:28,000 --> 02:11:36,000
So when my future, when the future CA gets here, it would be good to have that kind of discussion.

1628
02:11:36,000 --> 02:11:45,000
Coupled with what you want to do over here with your other priorities, so that staff can really focus on the key ones and you won't get upset when they don't get one of the other ones done.

1629
02:11:45,000 --> 02:11:52,000
But with that said, Sharon, council member, help me ask you a question.

1630
02:11:52,000 --> 02:11:53,000
Yes.

1631
02:11:53,000 --> 02:11:59,000
And I think the question was, Brad stated, you know, staff has had to deal with a lot of priorities.

1632
02:11:59,000 --> 02:12:06,000
And since I've arrived, I've seen priorities keeping increasing from the state and also to meet community needs.

1633
02:12:06,000 --> 02:12:10,000
And to balance among that and the daily operations.

1634
02:12:10,000 --> 02:12:13,000
And we all try to prioritize our customers first too.

1635
02:12:13,000 --> 02:12:19,000
So number of applications and prepping activity has really increased the last couple of years as well.

1636
02:12:19,000 --> 02:12:26,000
So just balancing all of that between the state-mandated items and the core items that you've seen in our department's work plan is really large.

1637
02:12:26,000 --> 02:12:31,000
So it's just all of these things where you know, staff did bring up data council planning commission.

1638
02:12:31,000 --> 02:12:33,000
Then council in 2023.

1639
02:12:33,000 --> 02:12:38,000
And just in 2024, we have several key retirements of very experienced staff.

1640
02:12:38,000 --> 02:12:41,000
So that has just resulted in, you know, slightly late in this.

1641
02:12:41,000 --> 02:12:44,000
But it has remained 80 update has remained in our work plan.

1642
02:12:44,000 --> 02:12:51,000
And also we've been trying to work on another item which is actually bringing up data council on all the ADU.

1643
02:12:51,000 --> 02:12:56,000
You can call it, you know, marketing and promotional educational activities that we've been trying to work on.

1644
02:12:56,000 --> 02:13:01,000
And as you named, you know, we update our website, created ADU gallery.

1645
02:13:01,000 --> 02:13:03,000
And there are more things that are in the works as well.

1646
02:13:03,000 --> 02:13:05,000
So we'll be bringing that to council.

1647
02:13:05,000 --> 02:13:06,000
Thank you.

1648
02:13:06,000 --> 02:13:08,000
Council member Marks.

1649
02:13:08,000 --> 02:13:09,000
Yes.

1650
02:13:09,000 --> 02:13:13,000
I have to agree that council member Fagaz, I feel our neighborhoods are changing dramatically.

1651
02:13:13,000 --> 02:13:19,000
And I don't feel we have local control any longer because the state keeps passing these new laws.

1652
02:13:19,000 --> 02:13:24,000
And even though they are elected officials at the state level, I understand that.

1653
02:13:24,000 --> 02:13:28,000
But when they got elected, I don't think any of us knew what was coming down the line.

1654
02:13:28,000 --> 02:13:33,000
And with a number of cars that are increasing.

1655
02:13:33,000 --> 02:13:42,000
And do they still does the state allow us to say that it's what 1.5 person on what the 0.5 is for a bedroom.

1656
02:13:42,000 --> 02:13:45,000
But 1.5 per bedroom.

1657
02:13:45,000 --> 02:13:50,000
So basically if you had a 2 bedroom ADU, it would only be 3 people per ADU.

1658
02:13:50,000 --> 02:13:52,000
Is anyone managing that?

1659
02:13:52,000 --> 02:13:56,000
Because it seems like there are a lot of cars that come out of a certain ADU.

1660
02:13:56,000 --> 02:14:01,000
Not only that, but there are a lot of ADUs that are being built without proper standards.

1661
02:14:01,000 --> 02:14:07,000
You know, when we first got involved in the ADU project, it had to look similar to the actual main house.

1662
02:14:07,000 --> 02:14:10,000
So it was more of an attribute, not something that you're just going to go,

1663
02:14:10,000 --> 02:14:13,000
oh my god, I can't believe my neighbor built this.

1664
02:14:13,000 --> 02:14:16,000
And we have some of that going on right now.

1665
02:14:16,000 --> 02:14:25,000
And when we talk about the Eves, there is a property on doubty in the alleyway that is inches.

1666
02:14:25,000 --> 02:14:28,000
The two roof lines are inches.

1667
02:14:28,000 --> 02:14:33,000
One roof line is inches away from the neighbors roof line.

1668
02:14:33,000 --> 02:14:38,000
So if you talk about a fire, you bear a believe, but 1.1 ADU caught on fire.

1669
02:14:38,000 --> 02:14:40,000
It would burn the other structure next to it.

1670
02:14:40,000 --> 02:14:42,000
That needs to be looked at.

1671
02:14:42,000 --> 02:14:48,000
I would like to see that we did have more local control to say what our city is going to look like in the future.

1672
02:14:48,000 --> 02:14:51,000
Because I just feel like everything is being blown up at the moment.

1673
02:14:51,000 --> 02:14:57,000
And 10 years from now, are we going to look at Gilbert's neighborhoods and go, oh my god, what have we done?

1674
02:14:57,000 --> 02:15:00,000
I think we have to be a, I'm going to offer one.

1675
02:15:00,000 --> 02:15:10,000
We need to be a little bit careful about speculating, I think there's a little bit of speculation there on, on some of the building codes and what's happening, some of the neighborhoods.

1676
02:15:10,000 --> 02:15:17,000
If you're talking about downtown, you're right, like on Daudi Street, there are those homes in that neighborhood are zero lotlines.

1677
02:15:17,000 --> 02:15:24,000
So that means that the piece of a wall can be and was deliberately built on the property line.

1678
02:15:24,000 --> 02:15:26,000
So let's see careful about this.

1679
02:15:26,000 --> 02:15:27,000
So that's legal.

1680
02:15:27,000 --> 02:15:36,000
That is, it's been legal for for 80 years in that part of the neighborhood that's called zero lotlines. So it's not unusual. My neighbor's garage wall is on my property line.

1681
02:15:36,000 --> 02:15:42,000
So we have to keep that in mind. So just because we drive by and see something we don't like, it doesn't mean it doesn't mean it's against, it doesn't mean it's against a law.

1682
02:15:42,000 --> 02:15:47,000
But there are some other agencies that I could take you for a ride on that are not in downtown.

1683
02:15:47,000 --> 02:15:55,000
No doubt if we have to be careful if there are some, you know, bad builders and bad development going on.

1684
02:15:55,000 --> 02:16:03,000
Of course we have mechanisms for that. That doesn't mean we have to, yeah, we have to make sure those mechanisms come into play here if they're not legal for sure.

1685
02:16:03,000 --> 02:16:08,000
I know we've come across a few because I've talked to the director about some that have been illegal.

1686
02:16:08,000 --> 02:16:09,000
Sure.

1687
02:16:09,000 --> 02:16:15,000
So I'm just saying we have to be vigilant of what we want our community to.

1688
02:16:15,000 --> 02:16:18,000
Don't disagree. Yes. Council.

1689
02:16:19,000 --> 02:16:24,000
I hope I have my voice. So Michael or Sharon.

1690
02:16:24,000 --> 02:16:33,000
Under those building codes, we can't limit occupants like how many per bedroom we can only limit it per square footage.

1691
02:16:33,000 --> 02:16:35,000
And that came about.

1692
02:16:35,000 --> 02:16:39,000
I believe in then dating myself here everybody.

1693
02:16:39,000 --> 02:16:43,000
I think it happened in the 90s. There was some case law about that.

1694
02:16:43,000 --> 02:16:52,000
Where you can't say only people can only live in the bedrooms or sleep in bedrooms and you can't.

1695
02:16:52,000 --> 02:16:55,000
Yeah, there was there was cases about that.

1696
02:16:55,000 --> 02:17:02,000
But it occupants is limited by square footage not by people.

1697
02:17:02,000 --> 02:17:05,000
We still need to go to public comments. Sharon.

1698
02:17:05,000 --> 02:17:11,000
But yeah, I'll just be out a little bit more. Yeah, and I think there's some fair housing issues too that were raised back then.

1699
02:17:11,000 --> 02:17:17,000
How do you find family or relationships and the people living in the bedroom or in the house?

1700
02:17:17,000 --> 02:17:27,000
And if people want to live in an overcrowded situation, it's not for us to say can't do that.

1701
02:17:27,000 --> 02:17:29,000
All right, let's go to public comment.

1702
02:17:29,000 --> 02:17:32,000
I have no speakers.

1703
02:17:32,000 --> 02:17:34,000
Okay.

1704
02:17:34,000 --> 02:17:36,000
So Council member.

1705
02:17:36,000 --> 02:17:38,000
I can start with the motions if you want.

1706
02:17:38,000 --> 02:17:41,000
I think we have to do this in three separate ones, right?

1707
02:17:41,000 --> 02:17:42,000
Correct.

1708
02:17:42,000 --> 02:17:43,000
We do.

1709
02:17:43,000 --> 02:17:48,000
First, we want to be motion to determine the proposed ordinance to statutory exempt from California.

1710
02:17:48,000 --> 02:17:49,000
Environmental Quality Act.

1711
02:17:49,000 --> 02:17:54,000
We're soon into SQL guidelines section 152-82 for the adoption of an ordinance regarding second units.

1712
02:17:54,000 --> 02:18:03,000
And a single family or multi-family residential zone by a city or county to implement the provisions of section 6-6-314 and 6-6333 of the government code.

1713
02:18:03,000 --> 02:18:09,000
I set forth in section 2-1080.1-7 of the public resources code.

1714
02:18:09,000 --> 02:18:12,000
Okay, I have a motion by Council member Hilton.

1715
02:18:12,000 --> 02:18:14,000
I'll second it.

1716
02:18:14,000 --> 02:18:18,000
So I'll take a roll call please on that motion.

1717
02:18:18,000 --> 02:18:20,000
Council member Bronco.

1718
02:18:20,000 --> 02:18:21,000
Yes.

1719
02:18:21,000 --> 02:18:22,000
Council member Klein.

1720
02:18:22,000 --> 02:18:23,000
Yes.

1721
02:18:23,000 --> 02:18:24,000
Council member Fogazzi. Yes.

1722
02:18:24,000 --> 02:18:25,000
Council member Hilton.

1723
02:18:25,000 --> 02:18:26,000
All right.

1724
02:18:26,000 --> 02:18:28,000
Council member Mark. Yes. Council member Miras. Yes.

1725
02:18:28,000 --> 02:18:29,000
Maribosa.

1726
02:18:29,000 --> 02:18:31,000
Yes. Motion passes.

1727
02:18:32,000 --> 02:18:38,000
The next one to be a motion to read the ordinance by title only a way for the readings of the ordinance.

1728
02:18:38,000 --> 02:18:39,000
That's my motion.

1729
02:18:39,000 --> 02:18:41,000
I have a motion by Council member Hilton.

1730
02:18:41,000 --> 02:18:43,000
Would anyone like to second it?

1731
02:18:43,000 --> 02:18:44,000
A second.

1732
02:18:44,000 --> 02:18:47,000
If you have a second by Council member Klein, roll call please.

1733
02:18:47,000 --> 02:18:49,000
I'm going to read the title of the ordinance.

1734
02:18:49,000 --> 02:18:52,000
First, an ordinance of the city council of the city of Giora,

1735
02:18:52,000 --> 02:18:55,000
and the Giora city code chapter 30.

1736
02:18:55,000 --> 02:19:00,000
Zoning article 54 regarding accessory dwelling units.

1737
02:19:00,000 --> 02:19:03,000
Council member Bronco. Yes.

1738
02:19:03,000 --> 02:19:04,000
Council member Klein. Yes.

1739
02:19:04,000 --> 02:19:06,000
Council member Fogazzi. Yes.

1740
02:19:06,000 --> 02:19:07,000
Council member Hilton. Yes.

1741
02:19:07,000 --> 02:19:08,000
Council member Mark. Yes.

1742
02:19:08,000 --> 02:19:09,000
Council member Miras. Yes.

1743
02:19:09,000 --> 02:19:10,000
Maribosa. Yes.

1744
02:19:10,000 --> 02:19:12,000
Motion passes.

1745
02:19:12,000 --> 02:19:13,000
Sevens.

1746
02:19:13,000 --> 02:19:15,000
You want to do number three, too.

1747
02:19:15,000 --> 02:19:16,000
Thank you.

1748
02:19:16,000 --> 02:19:20,000
The motion to introduce the ordinance of the city council of the city of Giora,

1749
02:19:20,000 --> 02:19:24,000
and then in chapter 30 article article L15 of the city code.

1750
02:19:24,000 --> 02:19:27,000
Giora city code relating to accessory dwelling units.

1751
02:19:27,000 --> 02:19:29,000
You have a motion by Council member Hilton.

1752
02:19:29,000 --> 02:19:30,000
Second.

1753
02:19:30,000 --> 02:19:32,000
Second by Council member Klein.

1754
02:19:32,000 --> 02:19:33,000
Roll call please.

1755
02:19:33,000 --> 02:19:35,000
Council member Bronco. Yes.

1756
02:19:35,000 --> 02:19:36,000
Council member Klein. Yes.

1757
02:19:36,000 --> 02:19:37,000
Council member Fogazzi. Yes.

1758
02:19:37,000 --> 02:19:39,000
Council member Hilton. Yes.

1759
02:19:39,000 --> 02:19:40,000
Council member Marks. Yes.

1760
02:19:40,000 --> 02:19:41,000
Council member Ramirez. Yes.

1761
02:19:41,000 --> 02:19:43,000
Maribosa. Yes.

1762
02:19:43,000 --> 02:19:44,000
Motion passes.

1763
02:19:44,000 --> 02:19:46,000
Sevens. Yes. Thank you.

1764
02:19:46,000 --> 02:19:48,000
Thank you.

1765
02:19:48,000 --> 02:19:51,000
Thank you very much moving on to item number seven point two.

1766
02:19:51,000 --> 02:19:55,000
Consider adopting an urgency interim ordinance prohibiting the issuance of tobacco

1767
02:19:55,000 --> 02:20:00,000
retailer permits for a period of not to exceed 45 days.

1768
02:20:00,000 --> 02:20:05,000
Within the downtown specific plan area m 25 dash 13.

1769
02:20:05,000 --> 02:20:07,000
So before going to staff.

1770
02:20:07,000 --> 02:20:11,000
I'd like to know if there's any exparte communications.

1771
02:20:11,000 --> 02:20:12,000
Okay.

1772
02:20:12,000 --> 02:20:14,000
Staff report, please.

1773
02:20:14,000 --> 02:20:15,000
Good evening again.

1774
02:20:16,000 --> 02:20:22,000
I'd like to present to you a consideration of adopting an urgency

1775
02:20:22,000 --> 02:20:25,000
interim ordinance prohibiting issuance of tobacco retail

1776
02:20:25,000 --> 02:20:29,000
permits for a period not to exceed 45 days within the Giora

1777
02:20:29,000 --> 02:20:32,000
downtown specific plan area.

1778
02:20:32,000 --> 02:20:36,000
In 2014 the city adopted an ordinance requiring all tobacco

1779
02:20:36,000 --> 02:20:41,000
retailers to obtain a tobacco retailer permit.

1780
02:20:42,000 --> 02:20:46,000
Typically tobacco retailer permits there are obtained through

1781
02:20:46,000 --> 02:20:49,000
grocery stores, liquor stores, convenience stores.

1782
02:20:49,000 --> 02:20:53,000
And currently the city has 50 tobacco retailers averaging

1783
02:20:53,000 --> 02:20:56,000
0.9 retailers per thousand residents.

1784
02:20:56,000 --> 02:21:00,000
But as of 2023 the city has noticed an increase in the smoke shops,

1785
02:21:00,000 --> 02:21:04,000
which is tobacco retailer that specifically sells products and

1786
02:21:04,000 --> 02:21:10,000
accessories for smoking and vaping and potentially flavorate tobacco.

1787
02:21:10,000 --> 02:21:15,000
Several neighboring jurisdictions such as Morgan Hill,

1788
02:21:15,000 --> 02:21:18,000
Hollister and unincorporate areas of Santa Clara and San Benito

1789
02:21:18,000 --> 02:21:22,000
counties have limited the sale of flavor tobacco and vaping products

1790
02:21:22,000 --> 02:21:24,000
particularly in smoke shops.

1791
02:21:24,000 --> 02:21:28,000
In contrast, Giora has implemented restrictions only near schools

1792
02:21:28,000 --> 02:21:32,000
and lacks broader policies resulting in a higher per capita

1793
02:21:32,000 --> 02:21:35,000
concentration of tobacco retailers and other cities in the region

1794
02:21:35,000 --> 02:21:37,000
as demonstrated within the table.

1795
02:21:38,000 --> 02:21:41,000
The fact that the city has an over-constitution of tobacco retailers

1796
02:21:41,000 --> 02:21:44,000
per capita and nearby cities and counties gives the city

1797
02:21:44,000 --> 02:21:47,000
council the basis to adopt an urgency ordinance to prohibit

1798
02:21:47,000 --> 02:21:50,000
tobacco retailers for at least 45 days.

1799
02:21:50,000 --> 02:21:53,000
The city attorney and the community development department

1800
02:21:53,000 --> 02:21:56,000
collaborated to bring an urgency ordinance to the city council for adoption

1801
02:21:56,000 --> 02:21:59,000
if you see fit.

1802
02:21:59,000 --> 02:22:03,000
This slide here is to highlight the mayor's request for council

1803
02:22:03,000 --> 02:22:06,000
consideration the ordinance that has been drafted to prohibit

1804
02:22:06,000 --> 02:22:08,000
tobacco retailers in the downtown area.

1805
02:22:08,000 --> 02:22:11,000
If the ordinance is adopted, the city will have the ability to deny

1806
02:22:11,000 --> 02:22:16,000
future business licenses for tobacco retailers for at least 45 days

1807
02:22:16,000 --> 02:22:19,000
or December 17, 2025.

1808
02:22:19,000 --> 02:22:22,000
Adoption will require at least six votes to pass the ordinance

1809
02:22:22,000 --> 02:22:26,000
and it will become effective today if passed.

1810
02:22:26,000 --> 02:22:30,000
It is staffs understanding that the concern from the community

1811
02:22:30,000 --> 02:22:34,000
has to do more with the proliferation of smoke shops rather than tobacco

1812
02:22:34,000 --> 02:22:35,000
retailers.

1813
02:22:35,000 --> 02:22:38,000
Unfortunately, smoke shops are not defined in the zoning code.

1814
02:22:38,000 --> 02:22:42,000
We consider smoke shops as general retail for zoning purposes.

1815
02:22:42,000 --> 02:22:46,000
A stated in our staff report there seems to be a concern about the proliferation

1816
02:22:46,000 --> 02:22:50,000
of smoke shops in the past two years so we've identified those types of

1817
02:22:50,000 --> 02:22:51,000
shops on this map.

1818
02:22:51,000 --> 02:22:54,000
You'll see 10 businesses on the screen.

1819
02:22:54,000 --> 02:22:58,000
Eight of these businesses will be considered smoke shops while two of them.

1820
02:22:58,000 --> 02:23:01,000
Discount cigarettes and cigarettes for less are mainly

1821
02:23:01,000 --> 02:23:03,000
cigarette into tobacco resellers.

1822
02:23:04,000 --> 02:23:07,000
The mayor's concern is not new in California.

1823
02:23:07,000 --> 02:23:09,000
The staff notes that several other local jurisdictions have recently

1824
02:23:09,000 --> 02:23:12,000
enacted ordinances, resolutions, and more

1825
02:23:12,000 --> 02:23:15,000
tournaments to regulate smoke shops.

1826
02:23:15,000 --> 02:23:18,000
These cities include Stockton, Newport Beach, Riverside,

1827
02:23:18,000 --> 02:23:24,000
Modesto, Lahabra, Stanley Andrew, Richmond, and Santa Clarita.

1828
02:23:24,000 --> 02:23:27,000
As I was watching the news this morning, I even found that the city of

1829
02:23:27,000 --> 02:23:30,000
San Jose will be presenting a similar instrument ordinance tomorrow

1830
02:23:30,000 --> 02:23:32,000
to their city council.

1831
02:23:32,000 --> 02:23:35,000
These ordinances range from prohibiting the expansion of existing

1832
02:23:35,000 --> 02:23:40,000
smoke shops to capping the total number permitted in the city.

1833
02:23:40,000 --> 02:23:44,000
Emergency interim ordinances require specific legislative findings

1834
02:23:44,000 --> 02:23:47,000
demonstrating a current and immediate threat of public health

1835
02:23:47,000 --> 02:23:48,000
welfare and safety.

1836
02:23:48,000 --> 02:23:52,000
We believe the proposed urgency ordinance has adequate findings,

1837
02:23:52,000 --> 02:23:55,000
which includes data that supports the city's concerns of increased

1838
02:23:55,000 --> 02:23:59,000
consumption, negatively impacting smoke-related illnesses,

1839
02:23:59,000 --> 02:24:03,000
contributing to environmental pollution, visual blight, and

1840
02:24:03,000 --> 02:24:06,000
supporting higher-use smoking rates.

1841
02:24:06,000 --> 02:24:09,000
Furthermore, staff is found citing this California tobacco health

1842
02:24:09,000 --> 02:24:13,000
assessment tool developed by the Stanford Prevention Research Center

1843
02:24:13,000 --> 02:24:16,000
and the Green Info Network, a higher density of tobacco retailers

1844
02:24:16,000 --> 02:24:22,000
in comparison to other cities in unincorporated county lands.

1845
02:24:22,000 --> 02:24:25,000
The staff report provides alternatives that the city council does not

1846
02:24:25,000 --> 02:24:28,000
believe an urgency instrument ordinance is warranted.

1847
02:24:28,000 --> 02:24:31,000
Here are a list of alternatives.

1848
02:24:31,000 --> 02:24:34,000
We can adopt the urgency ordinances erected for consideration,

1849
02:24:34,000 --> 02:24:37,000
which would only affect the downtown area.

1850
02:24:37,000 --> 02:24:41,000
The council can consider adopting an urgency ordinance city wide.

1851
02:24:41,000 --> 02:24:44,000
You can direct staff to draft the non- urgency ordinance,

1852
02:24:44,000 --> 02:24:48,000
but that would delay the city's ability to prohibit more tobacco retailers

1853
02:24:48,000 --> 02:24:51,000
for at least 45 days if not longer, and risk new permits

1854
02:24:51,000 --> 02:24:56,000
issued during the interim or simply take no action.

1855
02:24:56,000 --> 02:25:00,000
The city council's decision may have financial implications,

1856
02:25:00,000 --> 02:25:04,000
which includes staff time required to do the research and draft an ordinance.

1857
02:25:04,000 --> 02:25:09,000
Additionally, smoke shops sell retail goods that contribute to sales tax revenues.

1858
02:25:09,000 --> 02:25:13,000
While staff is researched, the sales tax generated by those types of shops,

1859
02:25:13,000 --> 02:25:18,000
we have not determined the exact tax revenue loss of future retailers.

1860
02:25:18,000 --> 02:25:22,000
Assuming the city council adopts the urgency interim ordinance,

1861
02:25:22,000 --> 02:25:24,000
it would become effective immediately.

1862
02:25:24,000 --> 02:25:28,000
Staff would bring the sign-in back to a later date to city council within that

1863
02:25:28,000 --> 02:25:33,000
45 day period, but urgency ordinances can last for up to two years

1864
02:25:33,000 --> 02:25:35,000
that directed by council.

1865
02:25:35,000 --> 02:25:42,000
Current tobacco retail permits or businesses with active business licenses would not be affected.

1866
02:25:42,000 --> 02:25:47,000
So, in closing, staff recommends the city council adopt the urgency interim ordinance,

1867
02:25:47,000 --> 02:25:51,000
establishing a temporary prohibition on the issuance or approval of any

1868
02:25:51,000 --> 02:25:54,000
tobacco retailer permits within the downtown specific plan area,

1869
02:25:54,000 --> 02:25:59,000
within the city of Gilroy, pursuant to government code section 658-588.

1870
02:25:59,000 --> 02:26:04,000
And make the findings as incorporated in the reference that adoption of the ordinance is necessary

1871
02:26:04,000 --> 02:26:08,000
for the immediate preservation of the public health safety and welfare,

1872
02:26:08,000 --> 02:26:13,000
particularly regarding the protection of minors within the downtown specific plan area.

1873
02:26:13,000 --> 02:26:17,000
This concludes that summary of the proposed urgency ordinance,

1874
02:26:17,000 --> 02:26:19,000
and again, I'd be happy to answer any questions.

1875
02:26:19,000 --> 02:26:21,000
Thank you for your time.

1876
02:26:25,000 --> 02:26:27,000
Questions by council?

1877
02:26:29,000 --> 02:26:31,000
I have a question.

1878
02:26:31,000 --> 02:26:33,000
It's not a mine.

1879
02:26:33,000 --> 02:26:35,000
Go ahead.

1880
02:26:35,000 --> 02:26:36,000
I'll go council member, mayors.

1881
02:26:36,000 --> 02:26:37,000
Then I'll go council member, Fragassi.

1882
02:26:37,000 --> 02:26:38,000
Sorry, I'm not seeing them up here.

1883
02:26:38,000 --> 02:26:39,000
Sorry, guys.

1884
02:26:39,000 --> 02:26:40,000
I keep...

1885
02:26:40,000 --> 02:26:41,000
Go ahead.

1886
02:26:41,000 --> 02:26:42,000
Okay.

1887
02:26:42,000 --> 02:26:44,000
You know,

1888
02:26:45,000 --> 02:26:52,000
is it legal to have something on the books saying that if you are...

1889
02:26:52,000 --> 02:26:57,000
If you have a smoke shop and you are in violation,

1890
02:26:57,000 --> 02:27:00,000
like we've had several of them recently,

1891
02:27:00,000 --> 02:27:03,000
in violation of what they're selling,

1892
02:27:03,000 --> 02:27:06,000
closed down for good?

1893
02:27:07,000 --> 02:27:12,000
How I understand the regulations that are...

1894
02:27:12,000 --> 02:27:15,000
They have a smoke, they have a tobacco business,

1895
02:27:15,000 --> 02:27:17,000
they have a tobacco permit,

1896
02:27:17,000 --> 02:27:21,000
and if they're in violation of that permit can be revoked,

1897
02:27:21,000 --> 02:27:24,000
and we have the enforcement control over that.

1898
02:27:24,000 --> 02:27:29,000
But it doesn't have distance or it has requirements

1899
02:27:29,000 --> 02:27:31,000
how close they can be to schools,

1900
02:27:31,000 --> 02:27:35,000
but it doesn't have how close they can be next to another one.

1901
02:27:35,000 --> 02:27:37,000
So we can't...

1902
02:27:37,000 --> 02:27:43,000
We can only if they were in violation of their current tobacco permit license.

1903
02:27:43,000 --> 02:27:45,000
That's on the books now.

1904
02:27:45,000 --> 02:27:46,000
Thank you.

1905
02:27:46,000 --> 02:27:49,000
As a member, Fragassi.

1906
02:27:49,000 --> 02:27:53,000
So, ostensibly we're looking to protect kids.

1907
02:27:53,000 --> 02:27:56,000
Is that kind of like the big part of why we're doing this?

1908
02:27:56,000 --> 02:27:58,000
Do you think?

1909
02:27:58,000 --> 02:28:01,000
Is that the...

1910
02:28:01,000 --> 02:28:04,000
Is that the impetus for why this is an urgent matter?

1911
02:28:04,000 --> 02:28:08,000
I believe so.

1912
02:28:08,000 --> 02:28:10,000
That's...

1913
02:28:10,000 --> 02:28:12,000
Yes, yes.

1914
02:28:12,000 --> 02:28:14,000
Okay.

1915
02:28:14,000 --> 02:28:16,000
So the question I have is, okay,

1916
02:28:16,000 --> 02:28:18,000
we already have smoke shops into tobacco places,

1917
02:28:18,000 --> 02:28:20,000
and in fact they've been in violation,

1918
02:28:20,000 --> 02:28:24,000
and we have some that are within 1000 feet of schools already,

1919
02:28:24,000 --> 02:28:31,000
and we have recently a bust on a bunch of these smoke shops already.

1920
02:28:31,000 --> 02:28:35,000
How has the enforcement been so far with our current ordinance

1921
02:28:35,000 --> 02:28:39,000
and current licensing type requirements?

1922
02:28:39,000 --> 02:28:43,000
Has it been enforced?

1923
02:28:43,000 --> 02:28:47,000
As of recent, for the...

1924
02:28:47,000 --> 02:28:49,000
Okay.

1925
02:28:49,000 --> 02:28:57,000
I'd like to ask both Sharon and Luke to come up.

1926
02:28:57,000 --> 02:28:59,000
If I may.

1927
02:28:59,000 --> 02:29:00,000
Sure.

1928
02:29:00,000 --> 02:29:04,000
I mean, one of the things that I did read in ordinance is there's obviously a financial penalty

1929
02:29:04,000 --> 02:29:06,000
if you sell to miners, right?

1930
02:29:06,000 --> 02:29:09,000
And there are revocation elements in there.

1931
02:29:09,000 --> 02:29:12,000
And I, of course, ask a couple of questions, one of which is

1932
02:29:12,000 --> 02:29:15,000
there are smoke shops that are within a thousand feet of schools,

1933
02:29:15,000 --> 02:29:19,000
and that we had a bust recently that was a coordinated thing for

1934
02:29:19,000 --> 02:29:23,000
mushrooms and other paraphernalia or what have you.

1935
02:29:23,000 --> 02:29:27,000
So if you can, yeah, explain to us how all of that works and how it's working

1936
02:29:27,000 --> 02:29:30,000
in the past and if we revoked things, some of the history.

1937
02:29:30,000 --> 02:29:31,000
Yeah.

1938
02:29:31,000 --> 02:29:37,000
I can only share kind of the recent history because this permit slash license

1939
02:29:37,000 --> 02:29:40,000
isn't regulated or issued by our department,

1940
02:29:40,000 --> 02:29:43,000
but you know, because of the research on this urgency ordinance,

1941
02:29:43,000 --> 02:29:44,000
it has come to our attention.

1942
02:29:44,000 --> 02:29:49,000
So I've had our current enforcement team looking at their business license status.

1943
02:29:49,000 --> 02:29:54,000
And that's how we've been finding out some of them do not have a valid business license.

1944
02:29:54,000 --> 02:29:59,000
And as we were visiting these properties, you know, these facilities,

1945
02:29:59,000 --> 02:30:00,000
and we noticed some...

1946
02:30:00,000 --> 02:30:08,000
May also have illegal products for sale, and so we've also contacted our PD partners on some of those facilities.

1947
02:30:08,000 --> 02:30:09,000
This is recently that you did this.

1948
02:30:09,000 --> 02:30:18,000
This is recent, yes. Because the permit is not issued by our department, and it's because of this ordinance that we've been tasked to work on, that's how we became aware.

1949
02:30:18,000 --> 02:30:26,000
For the one on the map there, you should have a bunch of them on the map, some of those that are on that map, do not have currently a license to sell tobacco products.

1950
02:30:27,000 --> 02:30:28,000
I believe so correct.

1951
02:30:28,000 --> 02:30:32,000
And yet we're still going to let them, we're not going to go ahead and tell them no more.

1952
02:30:32,000 --> 02:30:33,000
You know, we have.

1953
02:30:33,000 --> 02:30:37,000
All right, so I think there's a little confusion.

1954
02:30:37,000 --> 02:30:39,000
I think you're getting to a point.

1955
02:30:39,000 --> 02:30:41,000
I'm sorry, I figured you were.

1956
02:30:41,000 --> 02:30:44,000
But there are three questions I heard.

1957
02:30:44,000 --> 02:30:47,000
Are the ones that are currently operating legally?

1958
02:30:47,000 --> 02:30:50,000
But she gave you information. That's why I was following up on that.

1959
02:30:50,000 --> 02:30:51,000
Right.

1960
02:30:51,000 --> 02:30:56,000
And then two, if they are operating, and I'm not illegally from a land use standpoint,

1961
02:30:56,000 --> 02:31:00,000
versus a license purpose versus there,

1962
02:31:00,000 --> 02:31:03,000
selling things out of there that are not in conformance with either.

1963
02:31:03,000 --> 02:31:06,000
And so what I'm hearing from staff.

1964
02:31:06,000 --> 02:31:08,000
Sorry, back up.

1965
02:31:08,000 --> 02:31:14,000
Part of the challenge, and this has happened like with business assistance, too, is those are usually issued by finance.

1966
02:31:14,000 --> 02:31:19,000
And they usually do not have necessarily a land use component tied to it.

1967
02:31:19,000 --> 02:31:24,000
In our case, we do the schools, as an example, the one that you brought up.

1968
02:31:24,000 --> 02:31:31,000
And so with the question that you raised, staff is now going back for those that were by right,

1969
02:31:31,000 --> 02:31:36,000
did not require a land use permit, only a license through finance to double check those.

1970
02:31:36,000 --> 02:31:38,000
So they're going to go back.

1971
02:31:38,000 --> 02:31:41,000
Now, we'll find out shortly on that.

1972
02:31:41,000 --> 02:31:44,000
If I understood you also, you're asking if they,

1973
02:31:44,000 --> 02:31:50,000
we only speaking if they were in compliance with the license or with respect to the,

1974
02:31:50,000 --> 02:31:56,000
well, the license in terms of what they're allowed to sell, where they selling other things other than what's permitted by the license.

1975
02:31:56,000 --> 02:31:57,000
Was that one of your questions?

1976
02:31:57,000 --> 02:32:00,000
Well, we already know that they weren't because there was a bus that happened.

1977
02:32:00,000 --> 02:32:05,000
And that's why I absolutely can because of this different departments doing different things.

1978
02:32:05,000 --> 02:32:12,000
And in the ordinance, it has enforcement mechanisms in there for fines and for revocation.

1979
02:32:12,000 --> 02:32:20,000
So trying to gather and gather for the public too and understanding of how does that actually take place and hasn't been taking place.

1980
02:32:20,000 --> 02:32:26,000
Before we start to talk about invoking another ordinance out there to,

1981
02:32:26,000 --> 02:32:29,000
are even managing what we have correctly?

1982
02:32:29,000 --> 02:32:33,000
I believe for the most part we are, but we do need to double check.

1983
02:32:33,000 --> 02:32:34,000
You are correct.

1984
02:32:34,000 --> 02:32:40,000
So the, so for instance, and maybe Captain Powell can comment on this with that bus that happened,

1985
02:32:40,000 --> 02:32:51,000
would that not then engage a revocation or suspension or anything else if somebody's license to sell tobacco products under this license thing?

1986
02:32:51,000 --> 02:32:53,000
Yes, you are correct.

1987
02:32:53,000 --> 02:33:00,000
So with the cases you're talking about specifically, we did locate items that were not legal to sell.

1988
02:33:00,000 --> 02:33:05,000
We seized all of those products, we submitted the cases in the district attorney's office with prosecution.

1989
02:33:05,000 --> 02:33:09,000
They declined to prosecute on this particular case.

1990
02:33:10,000 --> 02:33:19,000
So then yes, so we are currently working with the district attorney's office to do follow cases and ensure that we do get prosecution on any future.

1991
02:33:19,000 --> 02:33:20,000
That's prosecution.

1992
02:33:20,000 --> 02:33:26,000
That's different from us licensing and permits engaging and basically saying, hey, you did something that's against your licensing.

1993
02:33:26,000 --> 02:33:30,000
We now want to rip away your, your license.

1994
02:33:30,000 --> 02:33:34,000
So who's responsible for that part in the city?

1995
02:33:34,000 --> 02:33:36,000
I, I do not know that.

1996
02:33:36,000 --> 02:33:40,000
No, we know that that is finance because they issue the license.

1997
02:33:40,000 --> 02:33:47,000
But there's a process that I'm not familiar with because I'm new relative to what steps you have to take.

1998
02:33:47,000 --> 02:33:49,000
I believe that's in the license correct.

1999
02:33:49,000 --> 02:33:50,000
Arjo.

2000
02:33:50,000 --> 02:33:56,000
Here we have an administrative policy for the publication of business license.

2001
02:33:56,000 --> 02:33:57,000
That's correct.

2002
02:33:57,000 --> 02:33:59,000
The existing code does allow us to do so.

2003
02:33:59,000 --> 02:34:05,000
If a department were to conduct enforcement and as a result, the recommendation is to revoke the permit.

2004
02:34:05,000 --> 02:34:09,000
Finance department would work with our legal to drop that notice and issue.

2005
02:34:09,000 --> 02:34:17,000
And then you have and then there'll be a hearing in front of the finance director or his or her design, which then can be a.

2006
02:34:17,000 --> 02:34:20,000
And that's.

2007
02:34:20,000 --> 02:34:31,000
And that's through our administrative hearing policy, not our admin sites, but our administrative hearing that's built into our business license chapter.

2008
02:34:31,000 --> 02:34:43,000
I think it's three or the tobacco within the within the same chapter tobacco retail permits has its own application and own process outlined for hearing and all that such things.

2009
02:34:43,000 --> 02:34:44,000
Yes.

2010
02:34:44,000 --> 02:34:47,000
So so we can retroactively go and still do this, right?

2011
02:34:47,000 --> 02:34:48,000
Absolutely.

2012
02:34:48,000 --> 02:34:49,000
Okay.

2013
02:34:49,000 --> 02:35:00,000
So I'm going to be talked about obviously after this meeting and we kind of raised something to your attention and what not, but it it speaks to why I'm I'm very leary of doing anything new at this point.

2014
02:35:00,000 --> 02:35:09,000
And and as well as some of the concerns that are on here that I see or around blight and other things like that.

2015
02:35:09,000 --> 02:35:18,000
Those are concerns, but those are concerns for lots of businesses, those are concerns for alcohol selling businesses, alcohol selling businesses sell sweet drinks to kid, you know, looking at kids, they could sell the kids.

2016
02:35:18,000 --> 02:35:20,000
We have to all the same concerns.

2017
02:35:20,000 --> 02:35:26,000
So I just think we need to be very careful how much more new stuff we put in place when we can't actually.

2018
02:35:26,000 --> 02:35:28,000
Work with the stuff we have.

2019
02:35:28,000 --> 02:35:29,000
Thank you.

2020
02:35:29,000 --> 02:35:30,000
Let me go to councilmember help.

2021
02:35:30,000 --> 02:35:31,000
I'm supportive of this ordinance.

2022
02:35:31,000 --> 02:35:33,000
I just want to put that on the table.

2023
02:35:33,000 --> 02:35:41,000
But that's breaking news to me that we have the ability to be able to revoke someone's license and that was never brought to this council.

2024
02:35:41,000 --> 02:35:43,000
That to me that is that.

2025
02:35:43,000 --> 02:35:44,000
That hurts.

2026
02:35:44,000 --> 02:35:45,000
That hurts this community.

2027
02:35:45,000 --> 02:35:47,000
That hurts this community that showed up.

2028
02:35:47,000 --> 02:35:54,000
That hurts my office that worked hard behind the scenes with our advocates that are paying attention tonight to this meeting right now.

2029
02:35:54,000 --> 02:36:02,000
That we had the chance to revoke for those smoke shops and nobody seems to go, well, I didn't bring it up.

2030
02:36:02,000 --> 02:36:03,000
Did you bring it up?

2031
02:36:03,000 --> 02:36:04,000
You bring it.

2032
02:36:04,000 --> 02:36:05,000
That bothers me.

2033
02:36:05,000 --> 02:36:08,000
So I'll stop with that and I'll just say whatever happened in the past happened in the past.

2034
02:36:08,000 --> 02:36:13,000
Before we finish this conversation because I know mayor, you want to get back to dealing with this.

2035
02:36:13,000 --> 02:36:19,000
I would like to get some clarification from staff as to what that process is to bring up the revocation of those four smoke shops.

2036
02:36:19,000 --> 02:36:23,000
Whether it's a fair memo from us or whether you feel the pressure tonight from a few council members.

2037
02:36:23,000 --> 02:36:29,000
I understand that you need to bring this up and that should have been brought to our attention.

2038
02:36:29,000 --> 02:36:35,000
Well, just for the I think the council for bringing this to my attention.

2039
02:36:35,000 --> 02:36:36,000
I feel no pressure.

2040
02:36:36,000 --> 02:36:43,000
I feel the need to bring the information back in one manner or another, but we will research it and let you know.

2041
02:36:43,000 --> 02:36:52,000
And I think we need to compare the revocation under the business license section from the specific tobacco retail or permit revocations.

2042
02:36:52,000 --> 02:36:55,000
There's two avenues.

2043
02:36:55,000 --> 02:36:59,000
Yeah, and I do want to say sorry to belaborate mayor.

2044
02:36:59,000 --> 02:37:07,000
I do want to say that I have run into this in other communities when you have a land use section and you have a license section.

2045
02:37:07,000 --> 02:37:14,000
And you have a law enforcement section and each are responsible for implementing a different portion.

2046
02:37:14,000 --> 02:37:22,000
So council member Fugazzi and I've had a couple conversations this regard on some other matters, so we will take a look at that.

2047
02:37:22,000 --> 02:37:24,000
Council member remorse.

2048
02:37:24,000 --> 02:37:29,000
So I have a different approach than council member Fugazzi.

2049
02:37:29,000 --> 02:37:40,000
I feel that I'm grateful that the staff is now going to move forward and looking at how to replicate these business licenses.

2050
02:37:40,000 --> 02:37:56,000
But I think that in the interim given these circumstances that there seems to be some confusion, you know, the right hand not knowing what the left hand is doing and getting that resolved.

2051
02:37:56,000 --> 02:38:03,000
I would advocate for an emergency.

2052
02:38:03,000 --> 02:38:13,000
What is the word in the emergency or emergency ordinance city wide not just downtown.

2053
02:38:13,000 --> 02:38:16,000
Okay, for the comments questions for staff.

2054
02:38:16,000 --> 02:38:18,000
I have a comment.

2055
02:38:18,000 --> 02:38:19,000
Okay.

2056
02:38:19,000 --> 02:38:20,000
Thank you.

2057
02:38:20,000 --> 02:38:29,000
All right, yes, I am definitely in support of this interim downtown ordinance, this emergency ordinance.

2058
02:38:29,000 --> 02:38:31,000
I think I feel like council member Hilton.

2059
02:38:31,000 --> 02:38:35,000
I am shocked that we could revoke those licenses and we never did it.

2060
02:38:35,000 --> 02:38:40,000
I know council member Fugazzi says, well, we should have read the ordinance, but we can't read everything.

2061
02:38:40,000 --> 02:38:42,000
We don't know what's out there.

2062
02:38:42,000 --> 02:38:43,000
And we're busy.

2063
02:38:43,000 --> 02:38:44,000
We should be told these things.

2064
02:38:44,000 --> 02:38:49,000
If you know it's happening, it should come before the council to say, do you want to say this?

2065
02:38:49,000 --> 02:38:55,000
Because how much harm has been done and if they've done it once, are they doing it right now?

2066
02:38:55,000 --> 02:38:58,000
And then to hear that they weren't one was not even prosecuted.

2067
02:38:58,000 --> 02:39:01,000
That's just, that's unforgivable.

2068
02:39:01,000 --> 02:39:06,000
I think to protect our youth, we just can't have them.

2069
02:39:06,000 --> 02:39:16,000
And I agree with you, city wide is what I would prefer to, but if it's not, if we can't do that tonight,

2070
02:39:16,000 --> 02:39:24,000
I think it's more important to get something going on this emergency ordinance to get it started.

2071
02:39:24,000 --> 02:39:27,000
And then let's staff come up with a new ordinance.

2072
02:39:27,000 --> 02:39:30,000
I don't care how many ordinances we have.

2073
02:39:30,000 --> 02:39:31,000
It doesn't matter.

2074
02:39:31,000 --> 02:39:34,000
We are looking at safety here and health.

2075
02:39:34,000 --> 02:39:37,000
We can always turn it into a city wide.

2076
02:39:37,000 --> 02:39:39,000
I think once they started the option.

2077
02:39:39,000 --> 02:39:40,000
Yes.

2078
02:39:40,000 --> 02:39:41,000
I was.

2079
02:39:41,000 --> 02:39:43,000
The option is to do it city wide.

2080
02:39:43,000 --> 02:39:44,000
Right.

2081
02:39:44,000 --> 02:39:45,000
That was one of the options.

2082
02:39:45,000 --> 02:39:47,000
So there are challenges that come with city wide.

2083
02:39:47,000 --> 02:39:50,000
Maybe we can talk about that after public comment.

2084
02:39:50,000 --> 02:39:53,000
Ashley Castillo followed by.

2085
02:39:54,000 --> 02:39:57,000
Saul Gonzalez Gary Walton and then Ron Kirkish.

2086
02:40:18,000 --> 02:40:21,000
Hello, my name is Ashley and tonight I'm here.

2087
02:40:21,000 --> 02:40:25,000
Can I made a ask that we please only any more smoke shops open up in Gilroy.

2088
02:40:25,000 --> 02:40:30,000
I understand that these smoke shops do bring a lot of more business and a lot more tax money,

2089
02:40:30,000 --> 02:40:33,000
but I'm really concerned because they don't really just attract adults.

2090
02:40:33,000 --> 02:40:36,000
They also catch the attention of younger people like me.

2091
02:40:36,000 --> 02:40:43,000
There are already a few smoke shops in town and one of the most popular ones I've seen right now is near middle school and near preschool.

2092
02:40:43,000 --> 02:40:47,000
And I don't think that's right for kids to be exposed to something like this.

2093
02:40:47,000 --> 02:40:55,000
When I was when I did community service for middle school a girl was overdosed, which thankfully she's well and she's alive.

2094
02:40:55,000 --> 02:41:02,000
But the result of this is that she got it from her boyfriend, which he got it from an adult that sold him substance from smoke shop.

2095
02:41:02,000 --> 02:41:08,000
One of one possible solution could be if a smoke shop is opened up.

2096
02:41:08,000 --> 02:41:11,000
They should be mandated to post reminders and signs.

2097
02:41:11,000 --> 02:41:21,000
On inside their shops about risks about smoking and a clear reminder that customers to not smell or like give like vapes to any minors.

2098
02:41:21,000 --> 02:41:27,000
And there should be some sort of consequence if smoke shops advertise smoking and make it like visible for kids to see.

2099
02:41:27,000 --> 02:41:29,000
Thank you for your time in listening.

2100
02:41:29,000 --> 02:41:35,000
I really hope you consider using your position to help make Gilroy a more family and youth friendly place.

2101
02:41:35,000 --> 02:41:37,000
Thank you.

2102
02:41:41,000 --> 02:41:47,000
Hello, good evening. When I'm not just my name is Saul Gonzalez and now I'm the director of Youth Health Services. Here I got us.

2103
02:41:47,000 --> 02:41:51,000
I'm here to obviously speak in favor of this ordinance.

2104
02:41:51,000 --> 02:41:58,000
We definitely need to at least get the process started while we investigate and you know put our ducks and row.

2105
02:41:58,000 --> 02:42:08,000
For sure, when it comes down to the real issue here is that these smoke shops are selling illegal illicit synthetic marijuana Delta 8 products.

2106
02:42:08,000 --> 02:42:19,000
And so what's happening is that these products are being purchased without any one kind of his tax one and two they're being purchased because there is no specific quality control for these.

2107
02:42:19,000 --> 02:42:35,000
So some of these products be 300 to 100% THC which is a direct derivative from the head plant which is differently regulated from marijuana right so the regulations in the government state that marijuana is on supposed to be the flower and the belief.

2108
02:42:35,000 --> 02:42:42,000
And that leaves room for all these synthetic illegal products to get to the market and get hit our kids.

2109
02:42:42,000 --> 02:42:48,000
And so a bag of little hot cheetos or a bag of trolls or a bag of, where is it?

2110
02:42:48,000 --> 02:42:58,000
Flintstone cereal pebbles could be laced could be with high component THC components which can again.

2111
02:42:59,000 --> 02:43:02,000
We're going on a different back in the 80s 90s we now have to worry about overdose.

2112
02:43:02,000 --> 02:43:06,000
When it came down to cannabis because teach levels were super slow or super low.

2113
02:43:06,000 --> 02:43:12,000
Use me now that the plant has been modified and has been strands have been.

2114
02:43:12,000 --> 02:43:15,000
Regulated or increased the potency has also increased.

2115
02:43:15,000 --> 02:43:17,000
So that is the biggest issue here.

2116
02:43:17,000 --> 02:43:20,000
So I definitely agree with you Mrs. Kelly Ramirez.

2117
02:43:20,000 --> 02:43:26,000
I appreciate the fact that you mentioned that this needs to be a city white ordinance and I'm here to let you know that we are off for it.

2118
02:43:26,000 --> 02:43:31,000
We need to protect our youth or right across from the youth center we have a.

2119
02:43:31,000 --> 02:43:38,000
Gas station that converted into a smoke shop which is around Brown now school and so we need to keep these away from our schools away from our youth.

2120
02:43:38,000 --> 02:43:44,000
I'm not telling you I'm not saying stop the the products or the permits.

2121
02:43:44,000 --> 02:43:49,000
But we consider keeping those away from youth populated areas.

2122
02:43:49,000 --> 02:43:52,000
I'm not familiar. Thank you.

2123
02:43:53,000 --> 02:43:54,000
Gary please.

2124
02:43:58,000 --> 02:44:03,000
So I encourage you to adopt this emergency ordinance tonight.

2125
02:44:03,000 --> 02:44:06,000
I think it's important for a number of reasons.

2126
02:44:06,000 --> 02:44:14,000
You know when I look this up and realize that we have potentially nine smoke shops not including what's in liquor stores and everything else.

2127
02:44:14,000 --> 02:44:19,000
I think one of the things that was left out of the staff report is not just tobacco.

2128
02:44:19,000 --> 02:44:25,000
It's drug paraphernalia and who are they marketing that too.

2129
02:44:25,000 --> 02:44:33,000
You know I think if we care about our kids I mean you know we have to come nine smoke shops.

2130
02:44:33,000 --> 02:44:42,000
That's a lot either either we have to admit we have a huge drug problem or we need to admit that we don't need nine smoke shops one of the other.

2131
02:44:42,000 --> 02:44:50,000
And so Modesto just just passed and that was mentioned the staff report they just just passed an ordinance this September.

2132
02:44:50,000 --> 02:44:59,000
And there's a mandatory permit that all smoke shops exist a new must obtain a specific smoke shop permit issued by the police department.

2133
02:45:00,000 --> 02:45:30,000
There's a permit fee. There's a cap on new shops. One per twenty five thousand. Why don't we do the same thing? There's location restrictions. I was the chair of the specific plan downtown. From 2002 to 2025, if smoke shops were a thing back then, vaping wasn't, we would have said no. Because if you look at what we prohibited, and what we wanted, we wanted restaurants, entertainment,

2134
02:45:30,000 --> 02:45:59,000
and other things that brought families downtown. What we didn't want, the things that we did prohibit was massage parlors, pawn shops, and it's a third one anyway, it was, I think it was one but there was another one. I think we need to make a decision, particularly downtown, what kind of downtown we want. If we want those kind of uses, then it's not going to be family oriented.

2135
02:45:59,000 --> 02:46:09,000
And so regardless of what happens, citywide, I'd recommend that they're not allowed downtown at all. So thank you.

2136
02:46:09,000 --> 02:46:10,000
Thank you.

2137
02:46:10,000 --> 02:46:12,000
Ron.

2138
02:46:12,000 --> 02:46:16,000
Thank you, Kim. Thank you, Mayor Council.

2139
02:46:16,000 --> 02:46:25,000
Well, mushrooms. Mushrooms are illegal. Aren't there criminal penalties?

2140
02:46:25,000 --> 02:46:32,000
They go along with somebody cut, selling, but yet Rosen doesn't want to prosecute.

2141
02:46:32,000 --> 02:46:42,000
I'm going to tell you right now, DA Rosen is the most dangerous person in the county of Santa Clara.

2142
02:46:42,000 --> 02:46:53,000
Every month, since 1921, a minimum of people have died of drug overdose.

2143
02:46:53,000 --> 02:47:01,000
That's a minimum, and the reason why is because he's not prosecuting drug crimes. He refuses to do it.

2144
02:47:01,000 --> 02:47:04,000
And in this case, he's doing it again, right, Luke?

2145
02:47:04,000 --> 02:47:08,000
We've got to do something about this guy, okay?

2146
02:47:08,000 --> 02:47:22,000
I would hope that the mayor, city manager, our police department, and our council would get together, compose a letter to Mr. Rosen, and tell him to stop being delinquent, derelict.

2147
02:47:22,000 --> 02:47:28,000
Get on the ball, do his job, because our kids' lives depend on it, and he's not doing it.

2148
02:47:28,000 --> 02:47:32,000
I very, really hope that you will strongly consider this. Thank you.

2149
02:47:32,000 --> 02:47:33,000
Thank you.

2150
02:47:33,000 --> 02:47:34,000
I'm no further speakers.

2151
02:47:34,000 --> 02:47:39,000
Okay, before Council will come, I'm just going to go to Jolie, really quick on some comments.

2152
02:47:39,000 --> 02:47:48,000
Yes, if we go citywide, we'll need to bring this ordinance back and make sure that it's consistent if we go citywide,

2153
02:47:48,000 --> 02:47:51,000
and we don't have any glitches with it.

2154
02:47:51,000 --> 02:47:57,000
I did meet and confer with Sharon, and I was wondering if we needed to take it back to plan and commission,

2155
02:47:57,000 --> 02:48:03,000
and we decided, no, this could be a change, and we could just reintroduce it at the next meeting.

2156
02:48:03,000 --> 02:48:08,000
If you want citywide, if we get that direction, and it will have to come back.

2157
02:48:08,000 --> 02:48:17,000
So then what you're saying is, then doing an immediate emergency ordinance for just the downtown is a good first step.

2158
02:48:17,000 --> 02:48:23,000
And maybe in the future going citywide, is that what you're saying?

2159
02:48:23,000 --> 02:48:29,000
You could adopt this urgency ordinance for just downtown tonight, and it's effective immediately.

2160
02:48:29,000 --> 02:48:32,000
We'll report back in 45 days.

2161
02:48:32,000 --> 02:48:41,000
I'm at a notice public hearing to extend it or not, but if you want to go citywide, we'll have to come back with a new urgency.

2162
02:48:41,000 --> 02:48:46,000
And we will lose our urgency on this downtown one immediately.

2163
02:48:46,000 --> 02:48:49,000
Right, okay. So that makes sense.

2164
02:48:49,000 --> 02:48:54,000
So at what point can we bring it citywide?

2165
02:48:54,000 --> 02:48:58,000
It seems to me that this would be a council initiated item.

2166
02:48:58,000 --> 02:49:04,000
So I'll comment on that too, because the number of the action we took in our August is to get into all the ingredients,

2167
02:49:04,000 --> 02:49:07,000
everything that people talks about tonight to update that ordinance.

2168
02:49:07,000 --> 02:49:09,000
That's already in the process right now.

2169
02:49:09,000 --> 02:49:13,000
So I would say that if you wanted to do the citywide thing, or any of that other stuff,

2170
02:49:13,000 --> 02:49:18,000
to work through the city administrator, to add that later.

2171
02:49:18,000 --> 02:49:20,000
Language, yeah, add that language on there.

2172
02:49:20,000 --> 02:49:24,000
And all the languages being captured tonight is going to be, it's staff is listening to it.

2173
02:49:24,000 --> 02:49:28,000
I know I'm listening to it. This is an agenda item that I had that I've been working on for a long time.

2174
02:49:28,000 --> 02:49:33,000
And we hear all those and we'll be able to get into those, you know, those details.

2175
02:49:33,000 --> 02:49:40,000
But this at least this 45 day period will put a good pause on that to allow us to do that deeper work, right?

2176
02:49:40,000 --> 02:49:45,000
To get that done, but I expect that that's almost finished, but as you can see, there's all new cities are coming up with new ways.

2177
02:49:45,000 --> 02:49:49,000
And that was the reason why we decided to wait a little bit.

2178
02:49:49,000 --> 02:49:55,000
We were going to bring that back earlier, but if we waited a little bit, we get to capture all this great work that other cities are doing.

2179
02:49:55,000 --> 02:49:58,000
And the grant funding was not being canceled in December.

2180
02:49:58,000 --> 02:50:05,000
It was we left up until like June, so we had time on that on that end too.

2181
02:50:05,000 --> 02:50:07,000
That sounds good.

2182
02:50:07,000 --> 02:50:09,000
Yeah, I'm ready to make a motion.

2183
02:50:10,000 --> 02:50:11,000
Okay, then.

2184
02:50:11,000 --> 02:50:13,000
I agree with that.

2185
02:50:13,000 --> 02:50:14,000
Okay.

2186
02:50:14,000 --> 02:50:21,000
So I make a motion that we approve this emergency or I'm not waiting.

2187
02:50:21,000 --> 02:50:22,000
I'm not waiting.

2188
02:50:22,000 --> 02:50:24,000
I'll help you off in a line.

2189
02:50:24,000 --> 02:50:38,000
So I have a motion by council of remarks and the second by council member Klein to wave further readings and adopt an urgency in term ordinance establishing a temporary provision on the issuance of approval of any new tobacco retailer permits within the downtown specific plan area.

2190
02:50:38,000 --> 02:50:53,000
Within the city of yore pursuant to government code section six five eight five eight and make findings as incorporated in the ordinance that adoption of this ordinance is necessary for the immediate preservation of the public health safety and welfare.

2191
02:50:53,000 --> 02:50:59,000
Particularly regarding the protection of minors within the downtown specific plan area.

2192
02:50:59,000 --> 02:51:01,000
We'll call please.

2193
02:51:01,000 --> 02:51:03,000
Do we have a second.

2194
02:51:03,000 --> 02:51:05,000
Council member Klein.

2195
02:51:05,000 --> 02:51:06,000
Sorry.

2196
02:51:07,000 --> 02:51:08,000
I'm going to read the title.

2197
02:51:08,000 --> 02:51:09,000
Okay.

2198
02:51:09,000 --> 02:51:20,000
And an urgency interim ordinance of the city of yore prohibiting the issuance of tobacco retailer permits for a period not to exceed 45 days within the yore downtown specific plan area.

2199
02:51:20,000 --> 02:51:21,000
Council number.

2200
02:51:21,000 --> 02:51:22,000
Yes.

2201
02:51:22,000 --> 02:51:23,000
Council member Klein.

2202
02:51:23,000 --> 02:51:24,000
Yes.

2203
02:51:24,000 --> 02:51:25,000
Council member Fugazzi.

2204
02:51:25,000 --> 02:51:26,000
Yes.

2205
02:51:26,000 --> 02:51:27,000
Council member Hilton.

2206
02:51:27,000 --> 02:51:28,000
Council member Marks.

2207
02:51:28,000 --> 02:51:29,000
Yes.

2208
02:51:29,000 --> 02:51:30,000
Council member Ramirez.

2209
02:51:30,000 --> 02:51:32,000
Yes.

2210
02:51:32,000 --> 02:51:35,000
Yes.

2211
02:51:36,000 --> 02:51:37,000
All right.

2212
02:51:37,000 --> 02:51:39,000
Moving on to item number eight.

2213
02:51:39,000 --> 02:51:48,000
Introduction of new business update on downtown plywood store for an ordinance and downtown vacancy ordinance proposal.

2214
02:51:48,000 --> 02:51:49,000
Staff report.

2215
02:51:49,000 --> 02:51:51,000
Please.

2216
02:51:51,000 --> 02:51:52,000
All right.

2217
02:51:52,000 --> 02:51:53,000
Good evening.

2218
02:51:53,000 --> 02:51:55,000
Mayor council members and members.

2219
02:51:55,000 --> 02:51:56,000
The committee.

2220
02:51:56,000 --> 02:52:01,000
Nice to ask providing an analysis and research of the proposals of the downtown.

2221
02:52:01,000 --> 02:52:06,000
And plywood removals of committee and vacancy ordinance of committee.

2222
02:52:06,000 --> 02:52:16,000
For background in 2023, the city council established the downtown committee to focus on economically enhancing and revitalizing downtown Goroi.

2223
02:52:16,000 --> 02:52:26,000
From its inception, the committee identified plywood covering some vacant storefronts and long-term vacant buildings as major visual and economic deterrence.

2224
02:52:26,000 --> 02:52:30,000
These elements harm the downtown image and economic activity.

2225
02:52:30,000 --> 02:52:35,000
To address these challenges, the downtown committee formed two specialized subcommittees.

2226
02:52:35,000 --> 02:52:46,000
One is the plywood removal subcommittee that's tasked with developing strategies and regulations to minimize or eliminate and silvery plywood covering some vacant storefronts.

2227
02:52:47,000 --> 02:52:58,000
The other is the vacancy ordinance subcommittee that's focused on addressing prolonged vacancies in downtown buildings through new regulations and incentives to promote occupancy.

2228
02:52:58,000 --> 02:53:04,000
So subsequently, these two items were added to our community volume departments work plan.

2229
02:53:04,000 --> 02:53:16,000
Updates the city council staff noted that these items fell under the discretionary category, which are city initiatives for the public good that are typically council or community driven and not mandated or core services.

2230
02:53:16,000 --> 02:53:28,000
Staff estimated June 2025 has the completion time having to balance all priorities, daily operations and stay mandated and core items against limited staffing resources.

2231
02:53:28,000 --> 02:53:45,000
In spring 2025, during the budget and work plan development process, we've experienced some staffing changes, and this was at the same time that Goroi Connect, which is the secret fixed performance being launched, so this requires staff to defer these items to this fiscal year.

2232
02:53:45,000 --> 02:53:57,000
So in tonight's report, staff is going to analyze the downtown subcommittees proposals and evaluate the potential to improve downtown and also sharing some benefits and challenges.

2233
02:53:57,000 --> 02:54:16,000
The city regulations pertaining to vacant commercial space downtown, there are containing city co-chapter 5D, but this ordinance expired back when the seismic safety ordinance expired in December 2026.

2234
02:54:17,000 --> 02:54:22,000
Here are some of the key provisions proposed by the subcommittee.

2235
02:54:22,000 --> 02:54:30,000
Enforcement actions, calling enforcement will issue notices to property owners when a building has been vacant for 90 consecutive days.

2236
02:54:30,000 --> 02:54:38,000
Permissible window coverings, displays of art or other cultural historical educational values will be permitted.

2237
02:54:38,000 --> 02:54:47,000
All artworks must be respectful and appropriate for all ages ensuring that the decorations contribute positively to downtown environment.

2238
02:54:48,000 --> 02:54:56,000
Prohibited window coverings, the use of drywall, plastic, plain paper, or other raw coverings will be prohibited.

2239
02:54:56,000 --> 02:55:06,000
Why would use? The use of bear plywood for up to 90 days is allowed. After this 90 day period, the plywood must be covered with one of the permitted coverings.

2240
02:55:06,000 --> 02:55:13,000
A $500 fine per month will be imposed for failure to decorate the plywood after 90 days.

2241
02:55:14,000 --> 02:55:27,000
Empowering plywood frontage must be removed after one year. A fine of $250 per month will be imposed for failure to remove temporary plywood frontage after the allowed time.

2242
02:55:27,000 --> 02:55:35,000
For fine collection, vice-ma mia system property tax bill, that's what's being proposed by the subcommittee.

2243
02:55:35,000 --> 02:55:40,000
That'll streamline the collection process increase compliance rates.

2244
02:55:41,000 --> 02:55:48,000
Staff also evaluated this from a feasibility perspective, and here are some of the benefits that we see.

2245
02:55:48,000 --> 02:55:58,000
Specific enforcement actions will provide enforcement with clear guidelines explicitly stating that the notices will be issued after 90 consecutive days.

2246
02:55:58,000 --> 02:56:03,000
Out of vacancy will provide a defined actionable starting point.

2247
02:56:04,000 --> 02:56:21,000
Improved aesthetic standards and visual cohesion, the proposed amendments introduced critical distinctions for permissible versus prohibited window coverings, and that's also going to help staff ensure higher minimum standards for visual quality.

2248
02:56:21,000 --> 02:56:37,000
The direct regulation of plywood use, which the expired ordinance did not address, this is going to allow staff to have a direct ways to enforce this, and by allowing plywood for only up to 90 days, then requiring to be covered.

2249
02:56:37,000 --> 02:56:43,000
The city takes a major tack was this major source of blight, directly.

2250
02:56:43,000 --> 02:56:49,000
And the $500 per month fine creates a strong financial incentive for problems to compliance.

2251
02:56:49,000 --> 02:57:04,000
Encouraging permanent solutions, the one year limit on temporary plywood frontage is crucial for encouraging permanent solutions in the $250 per month fine for no removal reinforces the push for long-term improvements.

2252
02:57:05,000 --> 02:57:14,000
If I define collection, the method which the city collects the fines will be carefully crafted in coordination with city attorney's office to confirm the current state law.

2253
02:57:14,000 --> 02:57:33,000
And we don't want to mention this AB632 that was a bill that was proposed earlier this year that would amend a government co-section to allow city to establish a procedure to collect administrative fines and penalties by a recorded link upon upon the parcel of land on which the violation occurred.

2254
02:57:33,000 --> 02:57:42,000
AB632 was passed by the state senate and the state assembly, but it was vetoed by the governor the day before the deadline.

2255
02:57:42,000 --> 02:57:57,000
He expressed concerns about expanding local authority to place links on private property, and he wanted to balance the due process rights of property owners with the local governments authority.

2256
02:57:57,000 --> 02:58:12,000
So staff's recommendation is to reactivate the former ordinance and incorporate the proposed amendments into the former ordinance.

2257
02:58:12,000 --> 02:58:26,000
Regarding the vacancy store fund, over vacancy ordinance subcommittees proposal, the subcommittee identified a present need for more comprehensive strategy to address vacant buildings throughout downtown.

2258
02:58:27,000 --> 02:58:34,000
To inform the recommendations, the subcommittee looked at several other jurisdictions ordinances.

2259
02:58:34,000 --> 02:58:49,000
And these are kind of detailed in the staff report, but I'll mention just a few here fair field operates a vibrant vacancy program that emphasis transforming vacant commercial downtown store funds through window dressings are and paintings.

2260
02:58:49,000 --> 02:58:58,000
The program requires registration of vacant properties within 10 days of vacancy with a $500 annual fee.

2261
02:58:58,000 --> 02:59:11,000
Sacramento California has a vacant buildings and structures, chapter addressing properties vacant for more than 45 days for commercial properties or 10 days for residential properties.

2262
02:59:11,000 --> 02:59:16,000
Their ordinance focused on securing properties from trespassers and removing blight.

2263
02:59:16,000 --> 02:59:23,000
As of September 2025, vacant buildings and store funds are not included in the mandatory registration ordinance.

2264
02:59:23,000 --> 02:59:26,000
And there are addressed on the complaint basis.

2265
02:59:26,000 --> 02:59:34,000
However, we know Sacramento is exploring a vacancy tax to encourage development of about 3,600 vacant parcels.

2266
02:59:34,000 --> 02:59:43,000
Palm Springs requires vacant commercial properties defined as 35% or more on unoccupied to be registered within 10 days.

2267
02:59:43,000 --> 02:59:52,000
San Francisco has implemented a commercial vacancy tax, which applies to spaces vacant for more than 182 days.

2268
02:59:52,000 --> 03:00:00,000
The tax rates escalate based on frontage and duration of vacancy starting at $250 per legal foot of front.

2269
03:00:00,000 --> 03:00:09,720
For the first year. San Francisco has also imposed a try to impose a residential vacancy tax, but litigation

2270
03:00:09,720 --> 03:00:16,760
was filed by property owners. The San Francisco Superior Court held that the vacancy tax, the residential

2271
03:00:16,760 --> 03:00:23,400
vacancy tax, violated the takings clause of the fifth amendment of the U.S. Constitution by compelling

2272
03:00:23,400 --> 03:00:28,880
property owners to rent their properties against their will. And this decision is still currently under

2273
03:00:28,880 --> 03:00:35,280
a appeal. In Oakland, California, as another example, there

2274
03:00:35,280 --> 03:00:43,040
measured W. The vacant property tax imposes an annual tax of $3,000 to $6,000 on properties

2275
03:00:43,040 --> 03:00:51,680
in use less than 50 days in a calendar year. Their tax varies by property type, $6,000 for residential

2276
03:00:51,680 --> 03:00:57,280
or non-residential parcels, and $3,000 for a condominium units, or vacant ground floor commercial

2277
03:00:57,280 --> 03:01:02,560
parcels. And, Berkeley is another one we found that's kind of similar to San Francisco,

2278
03:01:02,560 --> 03:01:10,000
dying post-acid, residential vacancy tax that are vacant for more than 182 days per year.

2279
03:01:12,000 --> 03:01:15,280
And here are some key provisions proposed by the subcommittee.

2280
03:01:16,320 --> 03:01:22,320
Monitoring registration, building owners registered the vacant properties within 10 days of vacancy,

2281
03:01:23,200 --> 03:01:28,160
sitting inspections upon registration the city was spec the building to assess co-compliance.

2282
03:01:30,240 --> 03:01:35,920
In forced renovations, owners must comfy necessary renovations to meet co-requirements before

2283
03:01:35,920 --> 03:01:43,360
re-occupancy. Failure to register, $150 per week fine will be assessed for buildings not registered

2284
03:01:43,360 --> 03:01:50,560
after the tenth day of vacancy. Annual monitoring fee of $1,500 is required upon registration.

2285
03:01:50,880 --> 03:01:57,760
Vacancy tax of an annual $6,000 will be an assessment on the property tax for buildings that remain

2286
03:01:57,760 --> 03:02:04,960
vacant for longer than 60 days. The subcommittee also proposed a building report card,

2287
03:02:04,960 --> 03:02:12,640
where contact information for the owner and the vacancy date will be posted in the window,

2288
03:02:12,640 --> 03:02:19,040
along with any co-compliance items. The subcommittee also proposed some potential exemptions

2289
03:02:19,680 --> 03:02:25,440
for example exempting buildings from the vacancy ordinance of delays or due to pending

2290
03:02:25,440 --> 03:02:32,880
power restoration from PGE or if there's active construction going on or in active lease or sale.

2291
03:02:37,680 --> 03:02:43,360
A staff has also evaluated for some benefits versus challenges. Here are some of the benefits.

2292
03:02:43,920 --> 03:02:48,000
Financial penalties incentivize property owners to avoid prolonged vacancies.

2293
03:02:48,880 --> 03:02:52,880
Monitoring inspections and required renovations in survey can properties

2294
03:02:52,880 --> 03:02:58,080
meet safety and building codes reducing risks for the public and emergency services.

2295
03:02:59,040 --> 03:03:03,680
The building report card publicly displays owner information in co-status,

2296
03:03:04,320 --> 03:03:08,720
fostering community awareness and encouraging pump issue resolution.

2297
03:03:10,320 --> 03:03:16,480
Compiling owners to reactivate vacant spaces can stimulate economic activity, increase foot traffic,

2298
03:03:16,640 --> 03:03:23,440
and support local businesses. Inclusion of exemptions for legitimate circumstances,

2299
03:03:23,440 --> 03:03:27,920
such as active marketing, ongoing construction, personal hardships,

2300
03:03:27,920 --> 03:03:33,520
demonstrate reasonable approach targeting neglect rather than avoidable delays,

2301
03:03:33,520 --> 03:03:42,080
unavoidable delays. We also identified some challenges. The combined $1,500 annual monitoring fee

2302
03:03:42,080 --> 03:03:47,760
and the potential futures $6,000 annual vacancy tax. For prolonged vacancies,

2303
03:03:47,760 --> 03:03:54,800
represents a significant financial commitment. Risk of unintended outcomes,

2304
03:03:55,440 --> 03:04:01,360
high penalties might, in some extreme cases, lead to property abandonment or distressed sales,

2305
03:04:01,360 --> 03:04:06,480
rather than a desired investment improvement, potentially exacerbating the existing problem

2306
03:04:06,480 --> 03:04:12,960
if it's not carefully managed. The proposal also increase the majority of demands,

2307
03:04:12,960 --> 03:04:16,800
implementing and overseeing a citywide comprehensive ordinance will require

2308
03:04:16,800 --> 03:04:21,440
notable administrative resources for registration, inspections, fee collection,

2309
03:04:22,000 --> 03:04:27,760
and managing the various exemptions. This could necessitate additional and dedicated staffing.

2310
03:04:28,960 --> 03:04:33,920
And there's also some potential for legal challenges. We just mentioned that San Francisco

2311
03:04:33,920 --> 03:04:41,200
case earlier, and also I want to mention this bill, SB 789, that was proposed earlier this year.

2312
03:04:41,760 --> 03:04:47,120
This bill would require a commercial real property owner to register with the California Department

2313
03:04:47,120 --> 03:04:53,680
of Tax and Fee Administration and annually file an information return to report specified

2314
03:04:53,680 --> 03:05:01,760
vacancy information. And this property will be subject to lay an unfiled subject,

2315
03:05:01,760 --> 03:05:06,000
lay an unfiled returns to a penalty of $100 per commercial property.

2316
03:05:07,040 --> 03:05:12,480
But this bill, SB 789, was held in committee, and it may become a two-year bill,

2317
03:05:12,480 --> 03:05:16,080
so staff will continue to monitor this in the next several months.

2318
03:05:19,520 --> 03:05:26,080
Scope of, oh sorry, just back to the legal challenges. So all these uncertainties suggest that

2319
03:05:26,080 --> 03:05:32,560
the city should wait until the legal considerations are just more fully developed.

2320
03:05:34,720 --> 03:05:40,400
A scope of exemptions, despite the provided exemptions, some property owners may argue that the

2321
03:05:40,400 --> 03:05:46,960
criteria or durations are too restrictive or too complex or for prolonged situations.

2322
03:05:48,880 --> 03:05:54,640
Maintaining positive community relations, if not clearly communicated and implemented with the

2323
03:05:54,960 --> 03:06:00,960
supportive approach, the owners could be perceived as punitive rather than a tool for community improvement,

2324
03:06:00,960 --> 03:06:05,920
and potentially straining relationships with certain segments of the property owner community.

2325
03:06:08,560 --> 03:06:14,640
So here's a map of our team survey of the core downtown area. Our core enforcement team surveyed

2326
03:06:14,640 --> 03:06:20,400
the downtown, actually, in the winter time, and then we updated that in the spring, and just most recently

2327
03:06:20,400 --> 03:06:26,320
we updated data again, and this just gives you a snapshot kind of an idea of the magnitude of the

2328
03:06:26,320 --> 03:06:31,760
vacancy issues, and this is just the core downtown area, and Council could define the boundary

2329
03:06:32,720 --> 03:06:39,760
for the ordinance. But just coming to the downtown core area, we've identified about 23 vacant properties,

2330
03:06:39,760 --> 03:06:41,920
and three with plywood store fund.

2331
03:06:42,400 --> 03:06:51,600
As mentioned earlier, implementing and effectively managing a new

2332
03:06:53,040 --> 03:06:59,120
vacant building registration program, along with ongoing monitoring, inspections, and the enforcement

2333
03:06:59,120 --> 03:07:04,240
of boarded up store funds will require dedicated staffing resources to ensure the program's success.

2334
03:07:05,840 --> 03:07:10,400
As the community of all department and enforcement function has been expanding the range and scope

2335
03:07:10,400 --> 03:07:15,280
of its programs or roles and responsibilities, staff will return to Council within overall

2336
03:07:15,280 --> 03:07:19,680
evaluation of code enforcement staff and resource needs during a budget update.

2337
03:07:21,600 --> 03:07:27,200
So here's a summary and the next steps. Based on the goals and proposals of the downtown

2338
03:07:27,200 --> 03:07:32,400
committee and the city council, staff is providing analysis and research tonight, and staff

2339
03:07:32,400 --> 03:07:38,800
analysis shows that the merits of pursuing an update and expansion of the former ordinance

2340
03:07:38,800 --> 03:07:43,040
as an effective way to significantly enhance downtown economic vitality.

2341
03:07:44,240 --> 03:07:50,320
However, staff does not recommend a vacancy tax at this time because of the San Francisco

2342
03:07:50,320 --> 03:07:55,040
case we just mentioned, and also the SB 789 that we just talked about.

2343
03:07:56,080 --> 03:08:01,600
And this approach addresses the vacant properties while mitigating legal risks.

2344
03:08:02,640 --> 03:08:08,240
As for next steps, staff will proceed with implementation of any Council direction

2345
03:08:08,320 --> 03:08:13,360
received, if Council directions for staff to update strength and revive the expired

2346
03:08:13,360 --> 03:08:19,280
ordinance without a vacancy tax, staff will explore the level and structure of registration and

2347
03:08:19,280 --> 03:08:25,680
monitoring fees, conduct community engagement to gather stakeholder input and develop ordinance

2348
03:08:25,680 --> 03:08:31,520
amendments. As the co-inforcement team is still in the process of completing the recruitment of another

2349
03:08:31,520 --> 03:08:37,440
vacant position and also training new team members, staff estimate bringing the ordinance to Council

2350
03:08:37,440 --> 03:08:44,800
in the first quarter of 2026. Once adopted, the new ordinance will require ongoing staff resources

2351
03:08:44,800 --> 03:08:50,640
to ensure effective implementation and management. As I mentioned, staff will return to council

2352
03:08:50,640 --> 03:08:56,320
with an overall evaluation of co-inforcement staff and resource needs during the budget update.

2353
03:08:59,360 --> 03:09:03,360
So here's staff recommendations for Council to receive the update from staff tonight and

2354
03:09:03,360 --> 03:09:09,040
direct staff to update, strengthen and revive, the expired, go to a city co-chopter 5D

2355
03:09:10,000 --> 03:09:15,600
without a vacancy tax at this time. And I want to take this opportunity to thank our supervising

2356
03:09:15,600 --> 03:09:20,000
co-inforcement officer Tony and our building of the show, Yipelito, for all of their research on the

2357
03:09:20,000 --> 03:09:29,920
side. Thank you. Thank you, Chair. Questions? Questions okay? Yeah. Okay, open the floor to questions.

2358
03:09:30,000 --> 03:09:37,280
I'll go to councilmember Marks first and then councilmember remorse. Okay, I'm going to talk

2359
03:09:37,280 --> 03:09:44,320
about this from the downtown committee's point of view. I was the chair and when we divided up into groups,

2360
03:09:44,320 --> 03:09:54,400
I was the person in charge of the subcommittee that did apply with removal. We had six buildings

2361
03:09:54,400 --> 03:10:00,720
that were boarded up with plywood and it was for numerous years, five plus years. And there was no

2362
03:10:00,720 --> 03:10:07,760
movement whatsoever to get any of it removed. And some of the building in business owners felt if we were

2363
03:10:07,760 --> 03:10:15,680
going to make a dent into this vacancy ordinance, we had to improve the look of downtown. And so

2364
03:10:15,680 --> 03:10:24,960
when we got this plywood removal ordinance proposed ordinance on the books and the owners

2365
03:10:24,960 --> 03:10:33,360
began hearing about it. All of a sudden, 74, 11 and 74, 15 have their plywood down. They finished their

2366
03:10:33,360 --> 03:10:40,000
storefronts. 74, 55, which was the Gilbert dispatch was the longest one who had their plywood up,

2367
03:10:40,000 --> 03:10:47,280
but it came down eventually. 75, 33 was the old Mfaldis building and 75, 39. Also was that

2368
03:10:47,280 --> 03:10:54,080
Mfaldis, the labor split into two. The front began to be done doors were put in and that building became

2369
03:10:54,080 --> 03:11:00,720
very, it's a beautiful building as of right now. On the opposite side of the street, across from the

2370
03:11:00,720 --> 03:11:07,520
on exchange, 73, 20 had their plywood up for years. It wasn't helping anything. And I don't know if they were

2371
03:11:07,520 --> 03:11:13,680
concerned about being charged attacks that made them all get in and start working to improve

2372
03:11:13,680 --> 03:11:20,320
the appearance of downtown, but it worked. When we had the URMs and the people were fined,

2373
03:11:21,200 --> 03:11:25,680
they just waited for the council, a new council to come in and they had all their fines forgiven.

2374
03:11:26,720 --> 03:11:32,880
And nothing really was moved with those empty buildings. That's why we are proposing so hard

2375
03:11:32,880 --> 03:11:39,280
for attacks on the property tax bill to say hey folks, this council has said and even the last

2376
03:11:39,280 --> 03:11:46,640
one in 2022, which got this project going, said economic development was our top priority,

2377
03:11:46,640 --> 03:11:52,560
but you can't have top priority if you have a downtown that looks like we have it.

2378
03:11:53,280 --> 03:11:59,280
If you look up and down the street, you do not see a vibrant downtown with people walking everywhere,

2379
03:11:59,360 --> 03:12:04,400
because we have too many empty buildings. In fact, I'm really impressed right now because you came

2380
03:12:04,400 --> 03:12:13,520
up a lot more empty buildings than what I did. And I'm like oh my god. I have to, I really, Brad,

2381
03:12:13,520 --> 03:12:19,440
I really have to thank you because we talked about constantly getting this back.

2382
03:12:20,720 --> 03:12:26,640
plywood removal and the vacancy building ordinance was completed in January of 2004.

2383
03:12:27,600 --> 03:12:33,440
And look where we are November of 25 that we finally got it on. The previous administration

2384
03:12:33,440 --> 03:12:41,360
would not put it on. There were no subsequent updates like the staff report said. Any update that

2385
03:12:41,360 --> 03:12:49,120
came through, it was a battle to get it on. It was supposed to be reported to us in June of 2025

2386
03:12:49,120 --> 03:12:55,200
and tonight we're doing it in November. I don't believe there's no financial burdens to the property owners.

2387
03:12:55,200 --> 03:13:03,040
They bought the buildings. They wanted to redo the storefronts. There's no reason why they stayed

2388
03:13:03,040 --> 03:13:08,640
vacant and would apply with for so long to give you some ideas of what I'm talking about. The

2389
03:13:08,640 --> 03:13:15,280
default is building Jose Montes 15 years. It has been vacant. But sales building, 19 years,

2390
03:13:15,280 --> 03:13:23,360
it's been vacant. Halls building, 18 years, Sammy was building 16 years. We're not talking two to three

2391
03:13:23,360 --> 03:13:30,160
years to penalize these people. We are talking years and years and years and there's always excuses

2392
03:13:30,160 --> 03:13:37,920
why they can't get it done. Well, the excuses have to stop if we're going to get economic development

2393
03:13:37,920 --> 03:13:46,320
in this downtown. Additional staffing? I think once building owners began to see that the city of

2394
03:13:46,320 --> 03:13:51,600
Gloria is really serious about what they want to do. Tony, you're going to be sitting at your desk

2395
03:13:51,600 --> 03:13:57,440
doing nothing because they're all going to come on board and say, hey, this city has gotten really

2396
03:13:57,440 --> 03:14:03,360
serious about this. They don't want their city with plywood. They don't want the buildings to be left

2397
03:14:03,360 --> 03:14:10,800
unoccupied. Now, we know our kind of my subcommittee knew that maybe there were going to be some problems

2398
03:14:10,800 --> 03:14:19,120
with getting a storefront put in within 90 days. We would go ahead and give permission for them to

2399
03:14:19,120 --> 03:14:26,640
go a little bit longer or maybe it was going to take a year. That's when you put up a mural after six

2400
03:14:26,640 --> 03:14:34,000
months to make that play would look really good. Dave L was on my subcommittee. He modeled it with his

2401
03:14:34,000 --> 03:14:39,600
bowling alley. If you remember, he hired a mural list within the first 30 days to paint a mural. Dave

2402
03:14:39,600 --> 03:14:46,160
L took his bowling alley down two studs and had that bowling alley functioning in a year and a half.

2403
03:14:47,440 --> 03:15:04,720
Not 18 years and still studs in the building. Things are going to have to change. So I do want to see a penalty on the

2404
03:15:00,000 --> 03:15:16,000
I want to punish a person who might have had a building and no one wants to come and lease it. No, I do not want to punish that person because that person is actively looking and maybe there's been a turn in the economy.

2405
03:15:16,000 --> 03:15:25,000
I want to make the people that sit there with these buildings and say, hey, not my problem. Oh, well, I actually had a building owner.

2406
03:15:25,000 --> 03:15:29,000
And Gary, with your permission, I'm not even asking your permission. I'm going to tell him what we're doing.

2407
03:15:29,000 --> 03:15:34,000
He came up with a project and he and I are working on it and we're making some success.

2408
03:15:34,000 --> 03:15:40,000
We are going to every building owner and we are talking to him or her.

2409
03:15:40,000 --> 03:15:48,000
And we're basically saying, you get this building going or you sell it because we're tired of the empty building.

2410
03:15:48,000 --> 03:15:57,000
And it's starting to work. We're getting some movement. We are on to them for their dirty storefronts because some of the buildings that are vacant, they're filthy.

2411
03:15:57,000 --> 03:16:05,000
There are cobwebs, the windows are all staying but tape, they're dirty. We're saying clean your building. This is your property. You're in downtown Gilroy.

2412
03:16:05,000 --> 03:16:07,000
Enough is enough.

2413
03:16:07,000 --> 03:16:15,000
Dionne is the chair of the vacant building ordinance. I told him I'd like him to talk right after me.

2414
03:16:15,000 --> 03:16:17,000
So go ahead and then the rest of the council.

2415
03:16:17,000 --> 03:16:21,000
Okay. Well, council member Ramirez is next year already chimed in. So then I'll go to broadcast.

2416
03:16:21,000 --> 03:16:22,000
Okay.

2417
03:16:22,000 --> 03:16:23,000
Go ahead.

2418
03:16:23,000 --> 03:16:30,000
Oh, you know, if he had maybe he, you know, Carol actually answered one of my question in her commentary.

2419
03:16:30,000 --> 03:16:33,000
So I'm willing to wait until after.

2420
03:16:33,000 --> 03:16:36,000
Okay, because you might have more once you hear from Dionne about it.

2421
03:16:36,000 --> 03:16:38,000
So you want to pass the council member Braco?

2422
03:16:38,000 --> 03:16:40,000
As long as you've come back to me. Yeah.

2423
03:16:40,000 --> 03:16:43,000
Okay. Council member Braco.

2424
03:16:43,000 --> 03:16:48,000
Well, I was open to Andy would be here.

2425
03:16:48,000 --> 03:17:02,000
I was really surprised to find out that where this was that because our last city administrator set right there and told us it's at the attorney's office.

2426
03:17:02,000 --> 03:17:08,000
They're reviewing it and that was untrue and our attorney didn't say a word about it.

2427
03:17:08,000 --> 03:17:11,000
So that that bothers me.

2428
03:17:11,000 --> 03:17:25,000
But when we took this on, there was three of us and we took a couple cities each and we had zoom calls with them.

2429
03:17:25,000 --> 03:17:28,000
I talked to mine was open.

2430
03:17:28,000 --> 03:17:33,000
I talked to the city attorney and the public works director.

2431
03:17:33,000 --> 03:17:38,000
And that nothing but praise for the way that our program is going.

2432
03:17:38,000 --> 03:17:39,000
It's citywide.

2433
03:17:39,000 --> 03:17:42,000
And that's what we were proposing citywide.

2434
03:17:42,000 --> 03:17:48,000
Because an abandoned building on Monterey Street is the same thing as an abandoned building on first street.

2435
03:17:48,000 --> 03:17:52,000
So to have it citywide and it would make it more feasible.

2436
03:17:52,000 --> 03:17:57,000
And there's supports itself and a lot more.

2437
03:17:57,000 --> 03:18:09,000
But to see that they want to go back to the witness the way it was before it didn't work.

2438
03:18:09,000 --> 03:18:11,000
Nobody paid their fines.

2439
03:18:11,000 --> 03:18:15,000
They just let them ride and then they would come to the council.

2440
03:18:15,000 --> 03:18:20,000
Oh, I got it sold if you forgive these fines and every council always forgave the fines.

2441
03:18:20,000 --> 03:18:22,000
So it was a joke.

2442
03:18:22,000 --> 03:18:31,000
So if we're going to be serious about this, I think we should move forward and put it on the ballot.

2443
03:18:31,000 --> 03:18:35,000
The Sanford Cisco thing, it's not even apples to apples.

2444
03:18:35,000 --> 03:18:41,000
It's a residential properties and this is something else.

2445
03:18:41,000 --> 03:18:46,000
And I don't think we really want to listen to Sanford Cisco.

2446
03:18:46,000 --> 03:18:50,000
I go more with the Oakland, Sacramento, Fairfield.

2447
03:18:50,000 --> 03:18:52,000
They're not having any problems.

2448
03:18:52,000 --> 03:18:55,000
So I think we should move forward with it.

2449
03:18:55,000 --> 03:19:03,000
If not, I wouldn't want to see us start with the old ordinance again.

2450
03:19:03,000 --> 03:19:07,000
Just let it go the way it is and call it.

2451
03:19:07,000 --> 03:19:09,000
Wait, it's man.

2452
03:19:10,000 --> 03:19:11,000
I don't remember.

2453
03:19:11,000 --> 03:19:15,000
So what a couple of the questions have been answered.

2454
03:19:15,000 --> 03:19:18,000
I wanted to know how long most of the buildings had been vacant.

2455
03:19:18,000 --> 03:19:21,000
And I heard 15 years, 19 years, 18 years.

2456
03:19:21,000 --> 03:19:24,000
So we're talking decades, not much.

2457
03:19:24,000 --> 03:19:35,000
And one of the things I wanted to clarify with Sharon, you spoke to Leon in terms of the San Francisco case.

2458
03:19:35,000 --> 03:19:38,000
This court case is residential, not commercial, correct.

2459
03:19:38,000 --> 03:19:39,000
Correct.

2460
03:19:39,000 --> 03:19:40,000
Okay.

2461
03:19:40,000 --> 03:19:41,000
And it's important.

2462
03:19:41,000 --> 03:19:45,000
You know, city attorney's office that recommended that the city doesn't enact.

2463
03:19:45,000 --> 03:19:47,000
If they can see ordinance at this time.

2464
03:19:47,000 --> 03:19:48,000
Okay.

2465
03:19:48,000 --> 03:19:53,000
And then the other thing is why are the buildings.

2466
03:19:53,000 --> 03:19:57,000
Carol, you talked about, you know, well, they always have all these.

2467
03:19:57,000 --> 03:20:03,000
I mean, what are a couple of the excuses or reasons or whatever that these buildings have.

2468
03:20:04,000 --> 03:20:06,000
Well, it's really very interesting.

2469
03:20:06,000 --> 03:20:09,000
Sharon and I were laughing just earlier this evening.

2470
03:20:09,000 --> 03:20:12,000
PG&E seems to be the biggest excuse.

2471
03:20:12,000 --> 03:20:16,000
And then on one of the buildings.

2472
03:20:16,000 --> 03:20:21,000
We found out that this particular man who's been looking for.

2473
03:20:21,000 --> 03:20:24,000
Oh, not, what's the word?

2474
03:20:24,000 --> 03:20:27,000
It's, oh, I can't think.

2475
03:20:27,000 --> 03:20:29,000
It's, it's for his power.

2476
03:20:29,000 --> 03:20:34,000
He got permission in August of 2024 that he could start the trenching.

2477
03:20:34,000 --> 03:20:36,000
And he never has since.

2478
03:20:36,000 --> 03:20:37,000
Okay.

2479
03:20:37,000 --> 03:20:39,000
So there's excuses.

2480
03:20:39,000 --> 03:20:40,000
They're all excuses.

2481
03:20:40,000 --> 03:20:44,000
You know, the PG&E is not holding up things for 15, 19.

2482
03:20:44,000 --> 03:20:45,000
No, they are not.

2483
03:20:45,000 --> 03:20:47,000
That they're not that slow.

2484
03:20:47,000 --> 03:20:48,000
They're not that slow.

2485
03:20:48,000 --> 03:20:49,000
Okay.

2486
03:20:49,000 --> 03:20:50,000
So.

2487
03:20:50,000 --> 03:20:53,000
And then.

2488
03:20:54,000 --> 03:21:03,000
You know, you've been here for a while and there have been situations where we've tried to get things going downtown.

2489
03:21:03,000 --> 03:21:07,000
And there's been more of a carrot type of thing within incentives.

2490
03:21:07,000 --> 03:21:08,000
Have they worked?

2491
03:21:08,000 --> 03:21:11,000
Have they not worked?

2492
03:21:11,000 --> 03:21:19,000
You know, would it be worth looking at more of an incentive rather than.

2493
03:21:19,000 --> 03:21:22,000
You know, the penalties.

2494
03:21:22,000 --> 03:21:23,000
I don't think so.

2495
03:21:23,000 --> 03:21:28,000
I mean, we've tried everything that you could think of.

2496
03:21:28,000 --> 03:21:29,000
And.

2497
03:21:29,000 --> 03:21:32,000
With really poor results.

2498
03:21:32,000 --> 03:21:33,000
Okay.

2499
03:21:33,000 --> 03:21:35,000
Are you, are you talking about URMs?

2500
03:21:35,000 --> 03:21:36,000
I was talking about the URMs.

2501
03:21:36,000 --> 03:21:42,000
And then, you know, incentives that were given for a while for buildings to be built.

2502
03:21:42,000 --> 03:21:44,000
A number of buildings were built.

2503
03:21:44,000 --> 03:21:51,000
We know we didn't weigh fees, but we set the impact fees to zero, not weigh them.

2504
03:21:51,000 --> 03:21:52,000
We did.

2505
03:21:52,000 --> 03:21:54,000
We tried doing penalties.

2506
03:21:54,000 --> 03:21:57,000
We tried doing administrative citations.

2507
03:21:57,000 --> 03:22:00,000
Then we switched to the carrot, not the stick.

2508
03:22:00,000 --> 03:22:04,000
I can't remember how many times because I worked on those ordinance.

2509
03:22:04,000 --> 03:22:05,000
Okay.

2510
03:22:05,000 --> 03:22:08,000
And then we would always have a sunset clause.

2511
03:22:08,000 --> 03:22:10,000
And then we'd have to amend the ordinance.

2512
03:22:10,000 --> 03:22:14,000
So then I think the final rounds of the ordinance, the URM ordinances.

2513
03:22:14,000 --> 03:22:20,000
I said that the sunset clause could be set by resolution in the future because it was always a moving.

2514
03:22:20,000 --> 03:22:21,000
Target.

2515
03:22:21,000 --> 03:22:23,000
But yeah, we did try.

2516
03:22:23,000 --> 03:22:24,000
We tried the stick.

2517
03:22:24,000 --> 03:22:27,000
We tried the carrot.

2518
03:22:27,000 --> 03:22:28,000
And it is.

2519
03:22:28,000 --> 03:22:31,000
And one didn't prove more effective than the other.

2520
03:22:31,000 --> 03:22:32,000
Okay.

2521
03:22:32,000 --> 03:22:38,000
So I, you know, I agree with Councilmember Baracko.

2522
03:22:38,000 --> 03:22:43,000
You know, a number of these cities have.

2523
03:22:43,000 --> 03:22:44,000
Opportunities.

2524
03:22:44,000 --> 03:22:47,000
I think that we can implement here.

2525
03:22:47,000 --> 03:22:53,000
Sacramento was one that that I liked opened, you know, if you feel confident.

2526
03:22:53,000 --> 03:23:00,000
But I, I think that nothing has changed because nothing has changed.

2527
03:23:00,000 --> 03:23:09,000
And so if we don't do something, then we're to expect things after 15, 18, 19 years.

2528
03:23:09,000 --> 03:23:12,000
I don't think I think it's going to change.

2529
03:23:12,000 --> 03:23:13,000
Okay.

2530
03:23:13,000 --> 03:23:14,000
I'm going to go to Councilmember Fugazzi.

2531
03:23:14,000 --> 03:23:16,000
Then we'll try to get into public comment.

2532
03:23:16,000 --> 03:23:19,000
So I have a question for legal.

2533
03:23:19,000 --> 03:23:24,000
With the situation in San Francisco, can you have any kind of.

2534
03:23:24,000 --> 03:23:31,000
Of an opinion on if they were to rule that it was a constitutionality issue with them.

2535
03:23:31,000 --> 03:23:34,000
It was on residential as opposed to commercial.

2536
03:23:34,000 --> 03:23:35,000
That's question one.

2537
03:23:35,000 --> 03:23:40,000
And the second question is let's say that they do rule it as not constitutional.

2538
03:23:40,000 --> 03:23:43,000
And they have to roll it back and it does apply to commercial.

2539
03:23:43,000 --> 03:23:45,000
And these other cities.

2540
03:23:45,000 --> 03:23:51,000
What would likely be the recourse in that, for instance, for people who had already had to pay fines.

2541
03:23:51,000 --> 03:23:54,000
And all these things with the cities have to give them back.

2542
03:23:54,000 --> 03:23:56,000
Possibly.

2543
03:23:56,000 --> 03:24:00,000
If it was illegally collected acts, they would try to look for refunds.

2544
03:24:00,000 --> 03:24:08,000
Or there might be someone trying to come in and the big thing with these and taxes now are these class actions.

2545
03:24:08,000 --> 03:24:12,000
So everybody that can, you know, would want some sort of refund.

2546
03:24:12,000 --> 03:24:22,000
Yeah, I don't think if it was declared unconstitutional, people would just say, oh, I don't want my money back.

2547
03:24:22,000 --> 03:24:27,000
So these other cities, I mean they would have huge liabilities in if they've been doing this for some time.

2548
03:24:27,000 --> 03:24:28,000
They could, yes.

2549
03:24:28,000 --> 03:24:29,000
Okay.

2550
03:24:29,000 --> 03:24:38,000
And as far as a comment on this, I think I saw 60 days on there was that correction.

2551
03:24:38,000 --> 03:24:41,000
Yes, from the proposal from the subcommittee.

2552
03:24:41,000 --> 03:24:44,000
Yeah, I will be safe from my point of view.

2553
03:24:44,000 --> 03:24:46,000
That is way too short.

2554
03:24:46,000 --> 03:24:49,000
It does not give time for anything.

2555
03:24:49,000 --> 03:24:53,000
And I don't think it necessarily is indicative of somebody who is,

2556
03:24:53,000 --> 03:24:58,000
Who is derelict in trying to do whatever it is they're trying to do.

2557
03:24:58,000 --> 03:25:03,000
When you get out to where your nine months or a year or 18 months.

2558
03:25:03,000 --> 03:25:09,000
Well then there's another clear situation that you're, you maybe are not making an attempt.

2559
03:25:09,000 --> 03:25:14,000
The, I generally don't like those taxes at all, but there's is an impetus to,

2560
03:25:14,000 --> 03:25:20,000
If you're more active in trying to get your property either sold or rented if there is something like this.

2561
03:25:20,000 --> 03:25:28,000
And I am in agreement with, with Council Member Baracko as well, that I would not have it be just in downtown.

2562
03:25:28,000 --> 03:25:33,000
I would say for commercial property, not industrial and other things like that as much,

2563
03:25:33,000 --> 03:25:38,000
but then commercial property where you have storefronts where you need to have an active property.

2564
03:25:38,000 --> 03:25:45,000
If you have an active business or visual, like assemblants of a, of a business in the city,

2565
03:25:45,000 --> 03:25:46,000
it makes a ton of sense.

2566
03:25:46,000 --> 03:25:47,000
Let's all go.

2567
03:25:47,000 --> 03:25:48,000
Okay.

2568
03:25:48,000 --> 03:25:50,000
I like to answer one part of your question.

2569
03:25:50,000 --> 03:25:51,000
Okay.

2570
03:25:51,000 --> 03:25:52,000
Council Member Marks.

2571
03:25:52,000 --> 03:25:53,000
Can we just go to public comment?

2572
03:25:53,000 --> 03:25:54,000
Okay.

2573
03:25:54,000 --> 03:25:55,000
And then you address that.

2574
03:25:55,000 --> 03:25:56,000
Okay.

2575
03:25:56,000 --> 03:25:57,000
Thank you.

2576
03:25:57,000 --> 03:25:58,000
Thank you.

2577
03:25:58,000 --> 03:26:00,000
Gary Walton.

2578
03:26:00,000 --> 03:26:01,000
I agree.

2579
03:26:01,000 --> 03:26:02,000
Gary Walton's next.

2580
03:26:02,000 --> 03:26:03,000
And then Maria.

2581
03:26:03,000 --> 03:26:05,000
Oh, look by you, Maria.

2582
03:26:09,000 --> 03:26:23,000
So I'm going to preface my comments tonight and give all due respect to the committee

2583
03:26:23,000 --> 03:26:25,000
and the council members that served on it.

2584
03:26:25,000 --> 03:26:28,000
But I got a little different take on this.

2585
03:26:28,000 --> 03:26:34,000
So when I listen to this tonight, the staff report, I want, wow.

2586
03:26:34,000 --> 03:26:41,000
You know, this is what happens when we focus on deficits, not possibilities.

2587
03:26:41,000 --> 03:26:49,000
When I shared the 2005 downtown specific plan, it was an aspirational plan, a vision for what downtown

2588
03:26:49,000 --> 03:26:50,000
Giroi could become.

2589
03:26:50,000 --> 03:26:59,000
We didn't achieve everything we hoped for largely because we lacked an implementation budget, a clear timeline, and accountability.

2590
03:26:59,000 --> 03:27:09,000
But where we did succeed, it was because a city partner with the private sector and incentivize the kind of growth the planned envisioned.

2591
03:27:09,000 --> 03:27:16,000
During those partnership years, private investors put more than $30 million into new mixed use projects downtown.

2592
03:27:16,000 --> 03:27:20,000
That's what happens when a vision meets collaboration.

2593
03:27:20,000 --> 03:27:26,000
Then in 2006, the city adopted an extremely stringent URM ordinance, stricter than most cities.

2594
03:27:26,000 --> 03:27:35,000
Instead of building on that spirit of collaboration, the approach started with the blame and fear, accusing property owners of not caring about safety.

2595
03:27:35,000 --> 03:27:40,000
The result, 15 years of pain, frustration, and slow progress.

2596
03:27:40,000 --> 03:27:47,000
Only when the city and property owners began meeting, listing, and working together did we finally move forward.

2597
03:27:48,000 --> 03:27:51,000
That experience taught me something vital.

2598
03:27:51,000 --> 03:27:54,000
When we united around problems, we divide ourselves.

2599
03:27:54,000 --> 03:27:59,000
When we focus only on what's broken, we lose sight of what's possible.

2600
03:27:59,000 --> 03:28:06,000
I speak from experience, I have over, I just counted this up, I have 96 tenants in my downtown buildings.

2601
03:28:06,000 --> 03:28:10,000
I don't own 96 buildings, but I have multiple tenants in buildings.

2602
03:28:10,000 --> 03:28:19,000
I know firsthand what it takes not only to attract new tenants, but more importantly, how to choose them wisely and support them so they thrive.

2603
03:28:19,000 --> 03:28:25,000
That's what builds momentum downtown, relationships, mentorships, and mutual success.

2604
03:28:25,000 --> 03:28:35,000
Author Peter Block said, quote, we cannot solve problems by focusing on them, we can only move forward through the achievement of something aspirational.

2605
03:28:35,000 --> 03:28:45,000
That's our opportunity today to reframe our efforts not around fixing anyone, but about creating a downtown that's vibrant, safe and welcoming for everyone.

2606
03:28:45,000 --> 03:28:51,000
Residents, workers, visitors, and yes, the property owners who've invested their lives here.

2607
03:28:51,000 --> 03:28:55,000
Our future depends on what we choose to create, not what we choose to avoid.

2608
03:28:55,000 --> 03:28:59,000
When we choose possibility, we choose partnership.

2609
03:28:59,000 --> 03:29:03,000
And when we choose partnership, we create progress that lasts.

2610
03:29:03,000 --> 03:29:09,000
Let's move forward together and not out of frustration, but out of faith in what you or it can be.

2611
03:29:09,000 --> 03:29:10,000
Thank you.

2612
03:29:10,000 --> 03:29:12,000
Thank you.

2613
03:29:14,000 --> 03:29:15,000
Maria.

2614
03:29:19,000 --> 03:29:20,000
Thank you.

2615
03:29:20,000 --> 03:29:26,000
So for those business owners that are not going to sell, and there are many that don't want to rent them.

2616
03:29:26,000 --> 03:29:34,000
I want to my buddies right around the corner from me rented a building. He had to do all the costs renovated.

2617
03:29:34,000 --> 03:29:36,000
Thousands of dollars.

2618
03:29:36,000 --> 03:29:44,000
So there are going to be bill owners that are not going to rent them because they're fuzzy, or they just don't want to rent them out.

2619
03:29:44,000 --> 03:29:52,000
Can we propose to them to maybe they buy the plywood, and maybe through the art salions.

2620
03:29:52,000 --> 03:29:54,000
We can have some artists.

2621
03:29:54,000 --> 03:29:56,000
Do some of the paintings on there.

2622
03:29:56,000 --> 03:30:00,000
I mean, at least they would be something more cost.

2623
03:30:00,000 --> 03:30:13,440
Madam, just empty? Just an idea. Thank you. Ron, please. Thank you again. You know, many years ago now, Gary and I spoke

2624
03:30:13,440 --> 03:30:21,640
about my wife was actually in the hospital at O'Connor Hospital. It was very Christmas season. And

2625
03:30:21,640 --> 03:30:28,420
Santana Roe was all decorated up for Christmas. It was beautiful. And I called Gary up. I said,

2626
03:30:28,420 --> 03:30:34,860
Gary, this is awesome. And he goes, Ron, that's what we should have in Gilrow. I believe that's

2627
03:30:34,860 --> 03:30:44,260
kind of what you said, Gary. And it still sticks to my mind. What if we had a Santana Roe

2628
03:30:44,260 --> 03:30:51,940
downtown? If you go to Santana Roe, it's always busy. People live on the top. And then they do their

2629
03:30:51,940 --> 03:30:58,500
business at the row. They go to the restaurants, there's stuff like that. Can we reconfigure

2630
03:30:58,500 --> 03:31:06,900
what we have downtown and make it into something like Santana Roe that is pleasurable and attractive?

2631
03:31:06,900 --> 03:31:14,020
And people will like to go down there. Thank you. Thank you. Have no further speakers. Okay. Now, we'll

2632
03:31:14,020 --> 03:31:19,780
go back to Councilman Marks. Okay. Well, I'm going to address Maria in our proposed ordinance reply

2633
03:31:19,780 --> 03:31:25,460
with removal. We found that the existing ordinance that the city of Gilrow has said that all

2634
03:31:25,460 --> 03:31:31,700
they can build these had to have something in their windows, pictures, murals, whatever. So if nothing

2635
03:31:31,700 --> 03:31:40,340
less, it'd be really nice to go back and enforce that part of it. Councilman Roe Fogazzi, if you, you might

2636
03:31:40,340 --> 03:31:48,660
have missed. But when we were giving our little summaries, we would never penalize a building owner who was

2637
03:31:48,660 --> 03:31:57,940
working steady on his or her building or actively looking for potential businesses to come in.

2638
03:31:58,500 --> 03:32:06,500
What we have encountered and what the committee encountered were people that just said no. And

2639
03:32:08,580 --> 03:32:15,380
one of our speakers is absolutely correct. Some of the building owners have told potential people

2640
03:32:15,380 --> 03:32:19,140
who wanted to lease the building that they would not do any of the improvements. It had to be

2641
03:32:19,140 --> 03:32:26,580
the leasey, so to speak. And not too many people are going to put that kind of money into someone else's building.

2642
03:32:26,580 --> 03:32:30,980
There's a lot of issues downtown that we need to break through. That's it. I'm done.

2643
03:32:34,020 --> 03:32:40,580
Yeah. Thank you. Council members, thank you very much for the thank you. But it wouldn't be

2644
03:32:40,580 --> 03:32:45,460
here tonight if it wasn't for Sharon and her staff putting it together and working very hard with

2645
03:32:45,460 --> 03:32:50,500
all the projects they have. A couple of points. I'm going to turn it back over to Sharon.

2646
03:32:52,260 --> 03:32:58,180
There's a lot of details that still have to be worked out. And I think what I asked Sharon to put this up

2647
03:32:58,180 --> 03:33:04,420
because for tonight, we just, not just we want to know if you want to go forward because if you look at

2648
03:33:04,420 --> 03:33:11,220
here mandatory registration, the point is do you want mandatory registration? We can work out the

2649
03:33:11,220 --> 03:33:16,260
number of days and vacancy later. We can have that discussion. So I would recommend that when they

2650
03:33:16,260 --> 03:33:21,940
draft the ordinance, they come back. If you direct them to go do it, come back in a steady session,

2651
03:33:21,940 --> 03:33:26,500
then you can really roll up your sleeves and start talking about what do you think is reasonable in terms

2652
03:33:26,500 --> 03:33:32,260
of the number of days. Not with standing. Part of the reason for the detail and the presentation was the

2653
03:33:32,340 --> 03:33:38,420
fact that the staff wanted to do justice to the amount of work that the committees that put into

2654
03:33:38,420 --> 03:33:45,860
this to really show the different issues they came up with. So I think there was still time when the

2655
03:33:45,860 --> 03:33:52,100
draft ordinance comes back to have more detailed and discussion regarding just what the fees are

2656
03:33:52,100 --> 03:33:58,900
if they are or whatever. Notwithstanding the vacancy tax. The vacancy tax is a critical issue that who do need

2657
03:33:58,900 --> 03:34:03,380
to give direction on tonight if you want to have staff working on that. But before I do that,

2658
03:34:03,380 --> 03:34:11,300
I'll ask Sharon to go back to her steps on this that I was starting to reference. So go ahead, Sharon.

2659
03:34:12,020 --> 03:34:17,380
Yes, thank you, Brad. So if council's direction for staff tonight, let me just jump to the

2660
03:34:17,380 --> 03:34:23,780
recommendation. It's to receive this update from staff and direct staff to revive the expired ordinance,

2661
03:34:23,780 --> 03:34:31,380
update it and strengthen it without vacancy tax. Then the bullet points without the blue colors,

2662
03:34:31,380 --> 03:34:37,540
those are all of our next steps. We'll be exploring the level and structure of the fees and we'll be engaging

2663
03:34:37,540 --> 03:34:44,180
with the community of the stakeholder input as Gary mentioned and then we'll be developing the new ordinance

2664
03:34:44,180 --> 03:34:49,540
and then bring that council. And that's where all those details you saw, the proposals from the subcommittee,

2665
03:34:49,540 --> 03:34:55,780
I'm going backward now. Now these are the key provisions from the vacancy ordinance of committee.

2666
03:34:55,780 --> 03:35:01,220
And then going backward, this is the plywood removal of subcommittee proposals. All of these details will

2667
03:35:01,220 --> 03:35:10,100
be discussed with council. Councilmember Fragazzi and then Brockham. In addition to that, Sharon,

2668
03:35:10,100 --> 03:35:17,060
if it's possible when you come back to understand the staff overhead with other, each of these options,

2669
03:35:17,060 --> 03:35:25,300
you know, I understand councilmember marks comments regarding, well, if people are actively doing this,

2670
03:35:25,300 --> 03:35:33,060
and every there's a morass of details in all of this in order to not only ascertain those things,

2671
03:35:33,060 --> 03:35:40,580
but to regulate and to how do you objectify all of these different things. And so to understand what the

2672
03:35:40,660 --> 03:35:46,020
overhead or cost is to these, I think puts the perspective on it, because everybody can make a wishlist

2673
03:35:46,020 --> 03:35:52,660
of everything they want, but there's the other side of that. And we know that already, as you mentioned,

2674
03:35:52,660 --> 03:35:59,380
prior with the code compliance and we have a temporary code compliously, we have to come back to that.

2675
03:35:59,380 --> 03:36:04,500
For just the things that we all that we have that we've put in place and we add more. So knowing that would be

2676
03:36:04,500 --> 03:36:14,740
really helpful, I think, as you come back. Councilmember Buckham. Yes, I think we need to keep in mind that

2677
03:36:14,740 --> 03:36:24,020
if we're going to go the route of putting it on the tax bill, that's got to be on the 2026 election.

2678
03:36:24,020 --> 03:36:32,900
So we need to move on that. And this thing about San Francisco, you know, if you're going to worry

2679
03:36:32,900 --> 03:36:37,060
about getting sued all the time, you're not going to drive anywhere, you're not going to walk across the street,

2680
03:36:37,060 --> 03:36:43,940
because all of us can be sued at any time for anything. And we know that in the city. We've been sued over and over again.

2681
03:36:44,500 --> 03:36:55,300
So, yeah, I don't think that's something that we should hold this up just because of that. So, thank you.

2682
03:36:56,100 --> 03:37:00,820
He comments on the left. I have a question. Can you go back to the other slide that you had up

2683
03:37:00,820 --> 03:37:11,940
with other blue? I'm sorry there. So one of the challenges that I have with all of these key provisions

2684
03:37:11,940 --> 03:37:19,060
is none of them, they're all enforcement. I don't see very much, am I missing something about partnership

2685
03:37:19,060 --> 03:37:24,420
and working with the business owners? Now, what I've heard here tonight is from some pump folks is,

2686
03:37:24,420 --> 03:37:28,820
oh, we've done that in the past. It doesn't work. Well, this is a new council and this is a new day.

2687
03:37:29,460 --> 03:37:34,500
And I'm not ready to rely on the past on how we move forward. And so what I'm struggling with is,

2688
03:37:34,500 --> 03:37:40,500
I don't see anything about partnership and incentives and things like that. So, if we move forward,

2689
03:37:40,500 --> 03:37:50,100
can you go back now, Sharon, to council's recommendation? Can you talk a little bit more about this?

2690
03:37:50,100 --> 03:37:53,780
So, if we move forward, I did you hear you say something about stakeholders?

2691
03:37:56,180 --> 03:38:03,300
What is that? Yeah. Yeah. So, if we did give you guidance to move forward to come back with something else

2692
03:38:03,300 --> 03:38:08,740
and something stronger, how much that includes you think stakeholder input and partnerships?

2693
03:38:09,780 --> 03:38:17,220
Well, we'll be conducting stakeholder engagement events for sure. Just to let them note,

2694
03:38:17,220 --> 03:38:22,340
this is what staff is working on, you know, based on council direction and just to hear their input.

2695
03:38:23,940 --> 03:38:28,980
And depends on the outcome of that. Some items could be no partnerships or more collect something more

2696
03:38:28,980 --> 03:38:33,620
collaborative. Collaborative versus just, you know, finding some penalty type of approach.

2697
03:38:33,620 --> 03:38:39,380
Yeah. So, I think you know, remains to be seeing, but I think based on the past history here,

2698
03:38:39,380 --> 03:38:44,580
or even just in the few years I've been here, there's been some things that have been pretty collaborative

2699
03:38:44,580 --> 03:38:51,060
with the downtown property owners and business owners and with council members and just other community members as well.

2700
03:38:51,780 --> 03:38:57,540
Sure. It could bear. If it's the wish of the council kind of building on which you said,

2701
03:38:59,460 --> 03:39:06,020
staff may have to monitor these community engagement efforts. And if at some point they start seeing

2702
03:39:06,020 --> 03:39:11,220
other suggestions, other ideas or stuff before completing the order that you may need to come back for an update or

2703
03:39:12,100 --> 03:39:17,940
with the council to present some of those of what they're hearing or might be the need to do that. Does that make sense?

2704
03:39:17,940 --> 03:39:21,860
Yeah. But so, but where go ahead council member or mayor?

2705
03:39:23,060 --> 03:39:29,700
So, I just want to make sure that we're, you know, moving at a speed that doesn't push this down the road

2706
03:39:29,700 --> 03:39:34,980
for a couple more years. If it does come to the point where we decide we want to put it on the ballot.

2707
03:39:35,460 --> 03:39:45,300
You know, is that realistic in terms of workload? You know, I mean, my understanding is we would have to buy spring

2708
03:39:46,180 --> 03:39:52,420
make a decision whether it's going to go on the ballot or not. So, is they talked about coming back and

2709
03:39:52,420 --> 03:39:59,700
quarter one, I believe, with yes. And that was assuming, you know, staff is, council is going to give the

2710
03:39:59,700 --> 03:40:03,700
direction to proceed with developing the orders without the vacancy tax, because that's the

2711
03:40:03,700 --> 03:40:10,900
recommendation of the city attorney's office. So, if you were to make no decision tonight to go ahead and

2712
03:40:10,900 --> 03:40:15,540
start working on the vacancy tax, we'll have to circle back with city attorney's office to see,

2713
03:40:15,540 --> 03:40:22,980
you know, what additional research will work that may involve versus, if I may, mayor, what staff is not

2714
03:40:22,980 --> 03:40:28,980
factored in the spring date with what the city attorney may or may not be able to work on. They haven't asked.

2715
03:40:29,060 --> 03:40:32,580
Well, so based on that, for the rest of council, I'm going to need some guidance from the rest of

2716
03:40:32,580 --> 03:40:37,620
council, because personally, I'm not interested in the $6,000 vacancy tax. So, anybody on council,

2717
03:40:37,620 --> 03:40:43,220
really wants to push this go ahead. I would like to see, you know, I don't want us to,

2718
03:40:44,580 --> 03:40:50,340
that took to me as my last resort, right? But I don't want to miss the deadline of getting it on the time.

2719
03:40:50,340 --> 03:40:55,380
If we can't, you know, if the stakeholders come together and if we cannot find something collaborative

2720
03:40:56,180 --> 03:41:03,700
and something that we're all comfortable, that there is going to be a change in downtown,

2721
03:41:05,540 --> 03:41:12,020
I want to be able to then get that on the ballot. I agree with you, Greg. I think, you know,

2722
03:41:12,020 --> 03:41:18,420
let's, let's try to do this new council, but then if we look at past history, I don't want to disregard

2723
03:41:18,500 --> 03:41:26,980
that in that this has happened, these conversations have taken place. So, I, I'm trying to determine

2724
03:41:26,980 --> 03:41:32,660
whether there can be some kind of a balance in that trying first to bring everybody to the table and

2725
03:41:32,660 --> 03:41:37,700
come up with something so we don't have to go the path of the tax. But if we can't get there,

2726
03:41:38,820 --> 03:41:45,700
then let's not wait until 28 to get it. And I don't know whether that's feasible or not. That's, that's my

2727
03:41:45,700 --> 03:41:52,260
question is, is that feasible either at this point? I don't remember Barack. Well, why don't you just

2728
03:41:52,260 --> 03:41:57,380
propose having a subcommittee, you and the mayor, you guys could meet with all these property owners,

2729
03:41:58,340 --> 03:42:07,620
and formulate your own opinion of how you want to move forward. I don't think we need a subcommittee for that.

2730
03:42:07,620 --> 03:42:12,420
We can go meet, we can build our relationships on our own and personally I'm not interested in being on

2731
03:42:12,420 --> 03:42:17,060
subcommittee like that. No, but I would like to have an opportunity to have stakeholders together

2732
03:42:17,060 --> 03:42:25,140
at the table at one time type of thing, you know. But moving, you know, the question is, is it feasible

2733
03:42:25,140 --> 03:42:31,060
that we can move quickly enough to do that? Have those conversations to the point where we can

2734
03:42:31,060 --> 03:42:40,260
answer to in whether that's the route we go or are we at a dead end? Are we at a stalemate? And we

2735
03:42:40,340 --> 03:42:47,460
need to move forward with the task. I'm not going to make light of the task because this is all,

2736
03:42:47,460 --> 03:42:54,980
that's all new to me. I've not been involved in that before. My personal feeling is you want to get moving

2737
03:42:54,980 --> 03:43:00,180
on the ordinance. Tax are no tax. You want to start building the bones of this, get it up,

2738
03:43:00,180 --> 03:43:06,500
speed, get these things to find, start meeting with the community. I'm not saying ignore it, but

2739
03:43:07,140 --> 03:43:12,100
if for some reason things don't quite come together and right now we're relying on Sharon and

2740
03:43:12,100 --> 03:43:17,540
everything else she's working on or staff in terms of determining what she can do, that's why I'm asking.

2741
03:43:17,540 --> 03:43:23,060
Well, and she's trying to feel long. What I'm hearing in Sharon, correct me if I'm wrong, you're just

2742
03:43:23,060 --> 03:43:28,500
not sure whether or not the city of attorney's office and in all fairness they have to sit down, look at

2743
03:43:28,500 --> 03:43:34,820
their own workload, can meet that time frame, correct? Is that what you're saying? Yes, and since

2744
03:43:35,380 --> 03:43:41,540
I'm not doing a vacancy taxes, they're recommendation. I think I'll have to defer to them on what,

2745
03:43:42,420 --> 03:43:49,380
what they feel comfortable in creating. Advice you what you're saying, okay, so essentially the advice

2746
03:43:49,380 --> 03:43:56,020
of your city attorney is don't go there and I'm paraphrasing. It's advice, don't go there and make

2747
03:43:56,020 --> 03:44:05,860
I'm sorry, if I may. They're giving you their legal advice. You can ask them to take another look at,

2748
03:44:05,860 --> 03:44:11,780
I mean that's your choice, if you wish. Does that tell someone forgot? Yeah, I think, you know,

2749
03:44:11,780 --> 03:44:16,580
and all or nothing kind of strategy is not a good strategy. I mean there's a lot of good here that

2750
03:44:17,460 --> 03:44:26,660
comes with what Sharon has recommended here and a separate track to amend it at a later time

2751
03:44:26,660 --> 03:44:32,660
is certainly another possibility to add this other vacancy component. As we see more things that come out

2752
03:44:32,660 --> 03:44:40,660
of the legal side, other cities, how they do it, and we can come back to that portion of it and at the same time

2753
03:44:40,660 --> 03:44:44,740
be working with the community and working with businesses and what not to see how we can

2754
03:44:45,780 --> 03:44:51,620
still try to revive this. And at the same time on top of that, we have an economic development

2755
03:44:51,620 --> 03:44:56,500
department that we're trying to stick together. So why are we going to preclude exactly how that

2756
03:44:56,500 --> 03:45:04,500
person in that department would want to put that thing together. So I, you know,

2757
03:45:00,000 --> 03:45:13,000
You know, I think getting community development moving forward on this as they've recommended is a great first step and we should then see what might be next or what might be necessary next with the vacancy part.

2758
03:45:13,000 --> 03:45:14,000
The tax.

2759
03:45:14,000 --> 03:45:20,000
And if I may mirror staff will follow up with the city attorney's office and we'll have a discussion regarding the status of that.

2760
03:45:20,000 --> 03:45:26,000
And how it can be potentially blended in, but I, I have to agree with councilmember for guys, let's get this started.

2761
03:45:26,000 --> 03:45:28,000
So at least you have something in the works.

2762
03:45:28,000 --> 03:45:36,000
And staff here is that we don't, if there's a chance we really want to have this option of the vacancy tax if need be.

2763
03:45:36,000 --> 03:45:39,000
The sounds like the goal is that we don't need it.

2764
03:45:39,000 --> 03:45:40,000
That's the goal.

2765
03:45:40,000 --> 03:45:43,000
All right, so everyone seems to agree, yeah, that's the goal.

2766
03:45:43,000 --> 03:45:44,000
I think.

2767
03:45:44,000 --> 03:45:53,000
So okay, so we need to thumbs up basically on the proposed, proposed direction by staff is to receive the update from staff and direct staff.

2768
03:45:53,000 --> 03:45:54,000
Pardon?

2769
03:45:54,000 --> 03:45:56,000
With additional consideration.

2770
03:45:56,000 --> 03:45:57,000
Okay.

2771
03:45:57,000 --> 03:45:58,000
Okay.

2772
03:45:58,000 --> 03:46:02,000
To staff to be at strength and revive and expiry, go a city code chapter.

2773
03:46:02,000 --> 03:46:09,000
By the vacant commercial space in the downtown historic and downtown expansion district without the vacancy tax at this time.

2774
03:46:09,000 --> 03:46:13,000
But with additional consideration at some point, sometimes you and if need be.

2775
03:46:13,000 --> 03:46:14,000
Thumbs up.

2776
03:46:14,000 --> 03:46:15,000
Anybody?

2777
03:46:15,000 --> 03:46:16,000
Okay.

2778
03:46:16,000 --> 03:46:20,000
I would remove although fit into this because that also.

2779
03:46:20,000 --> 03:46:24,000
Sharon, this is just the vacant commercial space.

2780
03:46:24,000 --> 03:46:25,000
What about plywood removal?

2781
03:46:25,000 --> 03:46:26,000
No, that's included.

2782
03:46:26,000 --> 03:46:27,000
It's all together.

2783
03:46:27,000 --> 03:46:28,000
All in there.

2784
03:46:28,000 --> 03:46:29,000
Okay.

2785
03:46:29,000 --> 03:46:30,000
Okay.

2786
03:46:30,000 --> 03:46:31,000
Looks like we have approval.

2787
03:46:31,000 --> 03:46:32,000
Thank you very much.

2788
03:46:32,000 --> 03:46:33,000
Thank you.

2789
03:46:33,000 --> 03:46:35,000
That's just the current title of this chapter.

2790
03:46:35,000 --> 03:46:36,000
We'll create a new one.

2791
03:46:36,000 --> 03:46:37,000
Okay.

2792
03:46:37,000 --> 03:46:38,000
Thank you.

2793
03:46:38,000 --> 03:46:39,000
Moving on to city of Minnesota.

2794
03:46:39,000 --> 03:46:42,000
Future council initiative and agenda items none.

2795
03:46:42,000 --> 03:46:44,000
City of Minnesota's report.

2796
03:46:44,000 --> 03:46:45,000
No report.

2797
03:46:45,000 --> 03:46:46,000
Okay.

2798
03:46:46,000 --> 03:46:47,000
Item number 12.

2799
03:46:47,000 --> 03:46:48,000
Moving into closed session.

2800
03:46:48,000 --> 03:46:49,000
Okay.

2801
03:46:49,000 --> 03:46:50,000
Thank you all.

2802
03:46:50,000 --> 03:47:04,000
And I need to read from the OGO based on the advice in your legal council on emotion and vote and open session to assert the attorney client privilege.

2803
03:47:04,000 --> 03:47:13,000
To confirm with or to receive advice from its legal counsel regarding pending litigation when the discussions and open session.

2804
03:47:13,000 --> 03:47:21,000
Concerning those matters would likely or an unavoidably prejudiced position of the city in loan litigation.

2805
03:47:21,000 --> 03:47:25,000
And so you need to vote on going into the closed session.

2806
03:47:43,000 --> 03:47:45,000
Thank you.

2807
03:48:13,000 --> 03:48:15,000
Thank you.

2808
03:48:43,000 --> 03:48:45,000
Thank you.

2809
03:49:13,000 --> 03:49:15,000
Thank you.