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Minutes 2015/03/16City of Gilroy City Council Meeting Minutes March 16, 2015 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Leroe- Munoz. The invocation was given by Pastor Malcolm McPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on March 11, 2015 at 2:00 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Roland Velasco B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. Ill. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Ella and Sue Rodriguez were called to speak and shared the upcoming Gilroy roll n shoot wheelchair basketball event. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Woodward announced that a new CalTrain had just hired a General Manager. Mayor Gage announced that the Economic Development Corporation Board had developed their budget for the year, and then went on to explain that the Downtown Business Association was getting more active sharing the goals in attracting more business to the downtown. He then announced that the Cal ID group had met and went on to describe the new contract with the county which offered more advanced equipment for fingerprinting services which were turned around in a timelier manner. He spoke on concerns with the budget Cal ID budget and described the positive changes with the county services. He concluded by announcing that the SCRWA Board had replaced. several older pieces of equipment and was on target with their budget, and City Council Meeting Minutes 3/16/2015 2 further explained that the URM Task Force was continuing to move forward weekly concluded by sharing the various Eagle Scout Court of Honor events he had recently attended. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe -Munoz spoke on his communications regarding South County Housing's transition to Neighborhood Housing Services of Silicon Valley explaining that he believed the new low income housing agency had been talking with staff and would be coming before Council in the new future regarding the loan transition between the two agencies. Matt Huerta of Neighborhood Housing Services of Silicon Valley spoke on his discussions with staff and the transition of the affordable housing services from South County Housing. Community Development Director Abrams spoke on the review of the transition by staff, explaining the details of the process. VI. CONSENT CALENDAR A. Minutes of the March 2, 2015 Regular Meeting Motion on the Consent Calendar Motion: Approve the Minutes of the March 2, 2015 Regular Meeting Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco VII. BIDS AND PROPOSALS A. Agreement with the City of Morgan Hill for Shared Staffing Services for Stormwater Pollution Prevention Compliance and Environmental Management Services There were no public comments. The staff report was presented by Senior Engineer Angeles. Motion on Item VII.A. Motion: to Approve an Agreement with the City of Morgan Hill for Shared Staffing Services for the Stormwater Pollution Prevention Compliance and Environmental Management Services Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco VIII. PUBLIC HEARINGS A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy City Council Meeting Minutes 3/16/2015 3 Code The staff report was presented by Fire Marshal Bretschneider. The public hearing was opened, there being no comment it was then closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2015 -07 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terr Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco B. Consideration of an Appeal of the Planning Commissions Denial of a Planned Unit Development Zoning Overlay to Allow for Private Streets, a Private Park and Residential Lot Sizes and Setbacks That Deviate from the City's Standards in a R3 (multiple - family residential) Zoning District on a 3.36 Acre Property Located on the South Side of Royal Way, Between Filbro and Imperial Drives, APN's 799 -44 -093, 094, 095, 096, 097, 098, 101, 109 and 110 (Z 13 -09); a Tentative Map Request to Subdivide the Property into a 23 Lot Single Family Residential Subdivision, a 10,000 Square Foot Private Park and Private Streets (TM 13 -07) and the Architectural and Site Review of the 23 homes (AS 13 -14), Applicant Gilroy Construction, Inc. The staff report was presented by Planning Division Manager Martin. The public hearing was opened. Amanda Wilson of Hanna and Brunetti spoke in support of the applicant sharing details of the project and explaining that the tank house had been identified as a historic building. Dale Ramirez was called to speak explaining that she lived near the project site and believed her privacy and view would be negatively impacted with the development of the project, and suggested that it be re- arranged in some way not to negatively impact the existing neighborhood. Mae Pickett was called to speak sharing her thoughts on the needed changes in the project as a neighbor in the area, and then spoke on the vandalism to the tank and need to preserve the view shed. Rodney Pickett property owner adjacent to the project site was called to speak, sharing the wildlife in the area and the need to preserve the view shed as it would impact his neighborhood with 2 story homes overlooking into his home. The public hearing was then closed. Mayor Gage disclosed that he had spoken with the project applicant, and property owner. Council Members•Bracco, Leroe- Munoz, Aulman and Mayor Pro Tempore Woodward each announced that they had each individually spoken with the applicant and their staff. City Council Meeting Minutes 3/16/2015 n Motion on Item VIII.B. Motion: Approve Motion to Direct Staff to Prepare a Resolution Denying the Appeal of the Planning Commission Decision Z 13 -09 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco Second Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Denying the Appeal of the Planning Commission Decision TM 13 -07 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco Third Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Denying the Appeal of the Planning Commission Decision AS 13 -14 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco C. A Residential Development Allocation Amendment Request to Eliminate 30 Townhouse Units From the Country Estates Phase IV Project of Approximately 153 Acres Generally Located North of Hecker Pass Highway (State Route 152) and South of Mantelli Drive, Adjacent to the Gilroy Golf Course, APN 783 -47- 003 and 783 -45 -044, Applicant Enterprise RE[ 8, LLC, c/o Brent Lee (RD 92 -29) A Planned Unit Development Zoning Overlay Request for the Country Estates Phase IV Site to Allow for Private Streets Which Deviate from City's Public Street Standards (Z 14 -11) A Tentative Map Request to Subdivide the 153+/ - Acre Site into 61 Residential Hillside Lots, 95.7 + /- Acres of Open Space, 1 Public Street and 5 Private Streets (TM 13 -05) (continued from the March 2, 2015 Regular Meeting) The staff report was presented by Planning Manager Martin. The public hearing was then opened. Applicant Brent Lee was called to speak sharing his plans for the development of the project and goals in making it the best project possible. Rob Onetto was called to speak sharing the details of the public meetings in the neighborhood. Carol Mauldin was called to speak sharing her support of the proposed project and the potential benefits to the community. Tom Lewis was called to speak sharing his support of the project and his thoughts on annexing the forest into the existing planning area. City Council Meeting Minutes 3/16/2015 The public hearing was then closed. Mayor Pro Tempore Woodward announced he had ex parte communications with the applicant, his consultants and several of the neighbors in the area.. Council Member Leroe -Munoz announced that he had held ex parte communications with the applicant's consultant. Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution Denying RD 92 -29 Amendment as the amendment is not deemed to be a substantial improvement due to the loss of the R3 housing and the sensitive hillside area. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Cat Tucker Absent: Council Member Roland Velasco Second Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution Denying Z 1411 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Cat Tucker Absent: Council Member Roland Velasco Third Motion on Item VIII.C. Motion: to Prepare a Resolution Denying TM 13 -05. Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Cat Tucker Absent: Council Member Roland Velasco D. A Resolution of the City Council of the City of Gilroy Amending Gilroy City Code Sections 30.50.60 (b) (2) k. and 30.50.60 (b) (2) I. Residential Development Ordinance (RDO) Interim Exemptions by Extending the Date by Which Planning Applications Must be Submitted and Deemed Complete for Processing to April 3, 2016 The staff report was presented by Planning Manager Martin. There were no public comments. Motion on Item VIII.D. Motion: to Adopt Resolution 2015 -08 of the City Council of the City of Gilroy Development Ordinance (RDO) Interim Exemptions by Extending the Date by Which Planning Applications Must be Submitted and Deemed Complete for Processing to April 3, 2016 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 3/16/2015 1 1 1 G Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco IX. UNFINISHED BUSINESS There was none. X. INTRODUCTION OF NEW BUSINESS A. Community Development Block Grant (CDBG) Improvement Funds Prioritization for Fiscal Years 2015 -2016 and 2016 -2017 The staff report was presented by Grants Coordinator Murillo. There were no public comments. Motion on Item X.A. Motion: to Approve the CDBG Funds for Community Development Improvement Projects for Fiscal Years 2015 -2016 and 2016 -2017 with both staff recommendations Moved by Council Member Terri Aulman, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco B. Downtown Business Attraction Strategy The staff report was presented by Development Center Manager Butler. Public comment was opened. Jane Howard was called to speak sharing the next steps for the Welcome Center and highlights the center had already accomplished, as well as the goals in growing the Main Street and Shop Local Campaigns. Mark Turner was called to speak explaining that the Chamber was a partner in the facilitation of the business attraction strategy. Public comment was then closed. Motion on Item X.B. Motion: Approve Receive Report and Provide Direct to Staff Moved-by Council Member Terri Aulman, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco C. Review of Gilroy City Code Chapter 8.13 "Elections Campaign Finance" Acting City Attorney Faber presented the staff report. Motion on Item X.C. Motion: to Receive the Report and Provide Direction to Staff to research and City Council Meeting Minutes 3/16/2015 analyze other cities policies on contribution limits. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco D. 2nd Quarter Budget Review The staff report was presented by Finance Director Turner There were no public comments. Motion on Item X.D. Motion: to Receive the Report Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. ADJOURNMENT TO THE SPECIAL MEETING OF MARCH 25,2Q45 The Council adjourned at 9:42 p.m. i� tiAWNA FREELS, MMC ity Clerk City Council Meeting Minutes 3/16/2015 1 1 1