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Minutes 2018/10/151 A. Q C. 0 Citv of Gilrov Citv Council Meetinq Minutes October 15, 2018 [$]:a 40110cc 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. City Council Meeting Minutes 10/15/2018 2 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. City Council Meeting Minutes 10/15/2018 3 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. City Council Meeting Minutes 10/15/2018 M 1M El 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. City Council Meeting Minutes 10/15/2018 5 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