Minutes 2018/10/151
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Citv of Gilrov
Citv Council Meetinq Minutes
October 15, 2018
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Call to Order
The meeting was called to order at 6:00 PM by
1. Presentation of the Flags and Pledge of Allegiance Led by Boy Scout Cub
Pack 794 Webelos
The flags were presented by Boy Scout Cub Pack 794 Webelos. They then led
the pledge of allegiance.
2. Invocation
3. City Clerk's Report on Posting the Agenda
City Clerk Freels announced that the agenda was posted on October 10, 2018 at
2 p.m.
Attendee Name
Mayor Roland Velasco
Marie Blankley
Dion Bracco
Daniel Harney
Peter Leroe-Munoz
Fred Tovar
Cat Tucker
IV.
Orders of the Day
Title
Status
Arrived
Mayor
Present
6:00 PM
Council Member
Present
6:00 PM
Council Member
Present
6:00 PM
Mayor Pro Tempore
Present
6:00 PM
Council Member
Present
6:00 PM
Council Member
Absent
Council Member
Present
6:00 PM
There were no agenda changes.
Employee Introductions
Community Development Director Abrams introduced newly promoted
Management Assistant Christina Ruiz.
CEREMONIAL ITEMS
Proclamations, Awards, and Presentations
1. Certificate of Recognition for Retiring Employee Susan Voss
Mayor Velasco presented the certificate
2. Proclamation Recognizing October 15-19, 2018 as Chamber of
Commerce Week
Mayor Velasco presented the proclamation.
PRESENTATIONS TO THE COUNCIL
Ronald Kirkish spoke on homeless concerns at Top Tip Toe salon describing the
vandalism and blight caused by homeless individuals.
Johnny Nguyen spoke on the issue with homeless at Top Tip Toe salon and
spoke on the 30% loss in revenue caused by the continual vandalism and
REPORTS OF COUNCIL MEMBERS
Council Member Blankley spoke on the upcoming Sister Cities Association
dinner on November 2nd.
Mayor Pro Tempore Harney spoke on the toll changes on highway 237 and
updated the Council on the current Measure B lawsuit and then announced the
success of the Ducky Derby at Gilroy Gardens. He then spoke on the employee
years of service award BBQ the prior Friday.
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Council Member Leroe-Munoz spoke on the forum at San Ysidro park and
reported on the Cities Association discussions of automated vehicles for
municipal use.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Leroe-Munoz requested that the automated vehicle presentation
by the Cities Association.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE Items B, C, D, F, G [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
B. Appointment of Council Member Tucker as City Representative Member on
the Caltrain Policy Group and Council Member Leroe-Munoz as Alternate
C. Consideration of the Approval of a Mills Act Agreement for a Property
Located at 222 Martin Street (MA 18-01)
D. Approval of a Final Map and Property Improvement Agreement 2018-06 for
the Hecker Pass Heartland Triangle Project, Tract 10482, APN 810-20-029
F. Opening of a Recruitment Period to Fill the Vacant Volunteer Position of
City Historian
G. Claim of Rhiannon Labrie (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
RESULT: APPROVE Items A and E [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Daniel Harney, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
A. Minutes of the October 1, 2018 Regular Meeting
E. A Resolution of the City Council of the City of Gilroy Establishing a Multi -
way Stop Control at the Intersection of Sixth Street and Eigleberry Street in
the City of Gilroy Pursuant to Section 15.40 of the Gilroy City Code
City Engineer Heap presented the staff report.
There were no public comments.
Vill. BIDS AND PROPOSALS
There were none.
IX. PUBLIC HEARINGS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Adding a New Section 30.38.270 to the Gilroy City Code Entitled "Protected
Tree Removal" (Z16-05)
The staff report was presented by Senior Planner Ketchum.
The public hearing was opened.
Mary Yates commented on the need to protect city trees describing climate
change and impacts to the California fire season.
The public hearing was then closed.
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Possible Action:
Motion to read the ordinance by title only and waive further reading; and,
RESULT: APPROVE [UNANIMOUS]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
City Clerk Freels read the ordinance title.
Possible Action:
Motion to introduce an ordinance of the City Council of the City of Gilroy
adopting amendments to Article 30.38 of the Gilroy City Code entitled
"Landscaping, Water Efficiency and Stormwater Retention and Treatment"
to add a new section 30.38.270 entitled "Protected Tree Removal
Ordinance"
RESULT: APPROVE [UNANIMOUS]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
B. Tentative Map Request to Subdivide a 8.36 Acre Site into 14 Single-family
Residential Lots Ranging From 6,660 Square Feet to 21,890 Square Feet,
With Two Common Parcels and Dedication of 3.7 Acres to the Uvas Creek
Park Preserve, on a Property Located Between the Northern End of
Greenfield Drive and Uvas Creek, APN 808-20-008, The James Group c/o
James Suner, Applicant
The item was introduced by Community Development Director Abrams.
The staff report was further presented by Senior Planner Tambornini.
The public hearing was opened.
James Suner project applicant spoke on design options required by staff,
suggesting other options and questioned the environmental review processes
required. He suggested that the alternate proposal he was presenting be
approved.
John Taft spoke on the issues he experienced with the development review
process and the environmental requirements set forth in the staff report.
Tom Cline of New Hope Community Church commented that he had been
involved with the property for several years, and detailed the project proposal.
Patricia Bentson described concerns with the project including the environmental
review and suggested further review of the proposal.
Connie Rogers commented that there had been compromise made between the
applicant and staff describing her support of the infill project.
Zachary Hilton explained that the Safe Routes to School report had been
provided that supported the paved bike trail as proposed in the project.
Herman Garcia of Coastal Habitat Environmental Education Restoration
presented his concerns with the setback to the Uvas Creek and explained that
the Fish and Game only allowed for a 150 foot setback.
The public hearing was then closed.
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Possible Action:
Continue the item to the November 5, 2018 meeting.
RESULT: CONTINUE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Peter Leroe-Munoz
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
UNFINISHED BUSINESS
Report on Oversized Recreational Vehicle Enforcement
Council Member Bracco recused from deliberations on the item noting that he
had a financial interest. He remained in the room as a member of the public.
The staff report was presented by Police Chief Smithee.
Public comment was opened.
Jan Chargin spoke on the towing of people's homes explaining that the amount
of money being spent on towing their vehicles be duplicated.
Dion Bracco commented that his towing business towed motor homes there was
a lot of notice provided to owners, even free towing and the costs to tow were not
recouped when the owners of the towed vehicles did not pick up their RV's.
Shawn Weymouth described that the RV's were people's homes and their
personal items were lost when their vehicles were taken.
Public comment was then closed.
Possible Action:
Receive report and provide direction to staff.
RESULT: APPROVE [5 TO 0]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
RECUSED: Dion Bracco
Council Member Bracco returned to the dais.
Report on Illegal Fireworks Enforcement on July 4, 2018
The staff report was presented by Police Chief Smithee.
There were no public comments.
Possible Action:
Receive report and provide direction to staff.
XI. INTRODUCTION OF NEW BUSINESS
A. Consideration of a Proposal from Garlic City BMX to Develop a +/-1.3-Acre
Dirt Pump Track (Bicycle Skills Area) Within a Vacant Portion of Land at
Christmas Hill Park
The staff report was presented by City Administrator Gonzalez.
Herman Garcia of Coastal Habitat Environmental Education Restoration who
explained that the location was chosen poorly, did not meet the Federal setback
environmental requirements and was on top of the children's garden which was
in re -planting stages.
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Teresa Perez spoke in support of the proposal as it would be a visitor draw into
the community and was a good recreational activity for families.
Mary Yates commented that the area was a park preserve and not appropriate
for a BMX track and suggested the BMX track be incorporated into the city sports
park as identified in the general plan.
Connie Rogers spoke on the Uvas Creek Park Preserve and environmental
concerns with flooding suggesting that the BMX track be incorporated into the
sports park. She suggested the Parks and Recreation Commission be involved in
the proposal.
George Fohner suggested that the location be rethought and be consistent with
the Uvas Creek Park Preserve master plan.
John Anhder spoke in support of the proposal detailing his son's interest in BMX
biking.
Mary Garcia spoke in favor of the proposal describing the recreational activity.
Patricia Bentson suggested another location due to the Uvas Creek Park
Preserve.
Jim Garcia spoke in favor of the proposal detailing the benefits it would bring to
the City.
Possible Action:
Provide direction to staff to draft a Memorandum of Understanding
between the City of Gilroy and Garlic City BMX so that Garlic City BMX can
proceed with site evaluation, project development and fundraising
activities for the construction of a proposed dirt pump track at Christmas
Hill Park.
RESULT: APPROVE [UNANIMOUS]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Munoz, Tucker
ABSENT: Fred Tovar
XII. CITY ADMINISTRATOR'S REPORTS
XIII. CITY ATTORNEY'S REPORTS
City Administrator Gonzalez reported that the ERP and land management
system mapping processes was underway and he then updated the Council on
the First Street construction, and a land analysis study which was underway
XIV. CLOSED SESSION - NONE
ADJOURNMENT
The meeting adjourned at 10:08 p.m.
hawna
Freels `IV MCA
City Clerk
City Council Meeting Minutes
10/15/2018