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Minutes 2015/04/06City of Gilroy City Council Meeting Minutes April 6. 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 Aulman. The invocation was given by Pastor Mark Turner. City Clerk Shawna Freels announced that the agenda had been posted on April 1, 2015 at 11:15 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Don Gage Absent/Excused: Mayor Pro Tempore Perry Woodward B. Orders of the Day Mayor Gage explained that the Council would be hearing Item X.A - the VFW donation Item following Ceremonial Items under II.A. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage shared recognition certificates with the Gilroy Parks and Recreation Commissioners and Volunteers Vince Sasso and Ali Souza. Mayor Gage presented a proclamation recognizing April 24, 2015 as Arbor Day Mayor Gage presented a proclamation recognizing April as Child Abuse Prevention Month. X. INTRODUCTION OF NEW BUSINESS A. Approval of a Donation from VFW Post 6309 to Expand the Veterans Memorial at Christmas Hill Park The staff report was presented by Recreation Manager DeLeon. There were no public comments. Motion on Item X.A. Motion: to Accept the Donation and Approve the Expansion of the Veterans Memorial Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council City Council Meeting Minutes 4/6/2015 2 Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward III. 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 There were none. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco spoke on the Gilroy Youth Task Force golf tournament announcing that there were still 4 slots open for teams to participate in the event. Council Member Leroe Munoz explained that the Santa Clara Valley Water District Water Commission meeting the Cities Association annual general meeting would both be held later in the week. Mayor Gage announced that both the Downtown Business Association and ,the Economic Development Corporation would meet later in the week. He then announced the May 15th Gilroy Youth Task Force golf tournament and shared details of the transition of the CalTran ID program to the county. He went on to explain that the Comprehensive County Expressway Policy Board had discussed the four lane proposal to Fitzgerald, as well as the proposed bypass near Castro Valley Road. He concluded by announcing that the URM Task Force had met that day and would be presenting a report to the full Council in May. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR Council Member Velasco announced that he would not be voting on Item A as he had not been present at the meeting, and hadn't reviewed the meeting video. B. Notice of Acceptance of Completion of Light Emitting Diode Streetlight Conversion Project, No. 150416 C. Notice of the Acceptance of Completion of the 7400 Railroad Street Structural Repairs Project No. 150562 D. Final Map and Property Improvement Agreement Approval for Petite Sirah (Glen Loma Ranch) Tract 10256, APN 808 -18 -016, Brookfield Ambrosia, LLC E. Silicon Valley Regional Interoperability Authority (SVRIA) Asset Transfer Assignment and Assumption Agreement F. Appointment of 1 Member to the Physically Challenged Board of Appeals Motion on the Consent Calendar Motion: to approve consent calendar items B, C, D, E, F Moved by Council Member Dion Bracco, 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; Council Member Roland Velasco; Mayor Don Gage City Council Meeting Minutes 4/6/2015 3 Absent: Mayor Pro Tempore Perry Woodward Motion on Item VI.A. Motion: to Approve the Minutes of the March 16, 2015 Regular Meeting Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Approval of the Issuance by the California Municipal Finance Authority of Multifamily Housing Revenue Bonds in a Principal Amount Not to Exceed $23,000,000.00 to Assist in the Financing of the Acquisition, Rehabilitation and Construction of a Multifamily Apartment Project Known as Wheeler Manor Located at 651 West Sixth Street, Gilroy, California; a 34 Unit Multifamily Apartment Project Known as Monterra Manor Located at 860 -950 Mantelli Drive; and a 24 Unit Multifamily Apartment Project Known as The Redwoods Apartments Located at 9005 Kern Avenue The staff report was presented by Grants Coordinator Murillo. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: to Adopt a Resolution 2015 -08 of the City Council of the City of Gilroy Approving the Issuance of Tax - Exempt Bonds by the California Municipal Finance Authority for MRW LP or Another Limited Partnership or Limited Liability Company to be Established by Eden Housing, Inc., or an Affiliate Thereof, With Respect to a Scattered Site Multifamily Rental Project 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; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward B. A Planned Unit Development Zoning Overlay Request for a Project Commonly Known as the Broadway Street Townhouse Project to Create a Shared Private Driveway and Deviations from City Setback Standards for Four (4) Previously Sub - divided Lots Located at 620, 622, 624, and 626 Broadway Street, APNs 790 -32 -052, 053, 054, and 055; Applicant Michael I. Oshan (Z 14 -06) Architectural and Site Review to Construct Four (4) Attached (duet) Homes on the Property Located at 620, 622, 624, 626 Broadway Street (A/S 14 -27) The staff report was presented by Planner II Durkin. The public hearing was opened. Michael Oshan the applicant was called to speak and shared his plans to keep the units as rentals. He shared the history of the project and the need to reconfigure the lot and went on to describe the number of parking spaces per unit. City Council Meeting Minutes 4/6/2015 M The public hearing was then closed. Motion on Item VIII.B. Motion: to Direct Staff to Prepare Resolutions Denying Z 14-06 and AS 14 -27 without prejudice. Moved by Council Member Roland Velasco, seconded by Council Member Cat Tucker. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Don Gage No: Council Member Dion Bracco; Council Member Peter Leroe -Munoz Absent: Mayor Pro Tempore Perry Woodward C. Amendments to Gilroy City Code Chapter 21 "Subdivisions and Land Development" to Make Minor Changes to Portions of Section 21.39 and 21.41, and Amendments to Chapter 30 "Gilroy Zoning Ordinance" for Clarification to Definitions and Amendments to Sections 30.27.50, 30.37.30, 30.37.90 and 30.50.41 The staff report was presented by Community Development Director Abrams. Public comment was opened. Carol MacDonald was called to speak sharing issues with regards to a garage on a historic site next to her home, which was partially on her property explaining that the changes to the code would assist her with the issue. Public hearing was then closed. Motion on Item VII-I.C. Motion: to Direct taff to Prepare an Ordinance Amending Chapters 21 and 30 of the Gilroy City Code Moved by Council Member Dion Bracco, 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; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward IX. UNFINISHED BUSINESS A. Approval of Amendments to the FY 2014 -2015 Annual Community Development Block Grant (CDBG) Action Plan to Add $82,000.00 in CDBG Funds for Park Enhancements at San Ysidro Park The staff report was presented by Grants Coordinator Murillo. There were no public comments. Motion on Item IX.A. Motion: to Approve Amendments to the FY 2014 -2015 CDBG Action Plan to Add $82,000.00 in CDBG Funds for Park Enhancements at San Ysidro Park Moved by Council Member Cat Tucker, seconded by Council Member Roland Velasco. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 4/6/2015 5 Council Member Velasco explained that he would be recusing from voting on the items related to the following 2 projects as he had not been in attendance at the previous meeting, and had not watched the meeting video. B. A Resolution of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Application Z 13 -09, an Application to Amend the R3 Medium Density Residential Zoning of Nine Parcels Located on the South Side of Royal Way by Adding the PUD, Planned Unit Development Overlay District, APN'S 799 -44 -093, 094, 095, 096, 097, 098, 101, 109 & 110 There were no public comments. Motion on Item IX.B. Motion: to Adopt a Resolution 2015 -09 of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Application Z 13 -09, an Application to Amend the R3, Medium Density Residential Zoning of Nine Parcels Located on the South Side of Royal Way by Adding the PUD, Planned Unit Development Overlay District, APN's 799 -44 -093, 094, 095, 096, 097, 098, 101, 109 &110 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco C. A Resolution of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Tentative Map Application TM 13 -07, an Application to Create 23 Single- Family Residential Lots, 3 Parcels to be Used for Storm Drainage Retention, 2 Parcels to be Used as Private Cul -de -sacs and 1 Parcel to be Used as a Private Park,on a 3.36 -Acre Site Located on the South Side of Royal Way, APNS 799 -44 -093, 094, 095, 096, 097, 098, 101, 109 &110 There were no public comments. Motion on Item IX.C. Motion: to Adopt A Resolution 2015 -10 of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Tentative Map Application TM 13 -07, an Application to Create 23 Single- Family Residential Lots, 3 Parcels to be Used for Storm Drainage Retention, 2 Parcels to be Used as Private Cul de -Sacs and 1 Parcel to be Used as a Private Park, on a 3.36 -Acre Site Located on.the south Side of Royal Way, APNS 799-44 -093, 094, 095, 096, 097, 098, 101, 109 &110 Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco D. A Resolution of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Architectural and Site Review Application AS 13 -14, for Approval of Building, Landscaping and Site Design for a Proposed 23 -Lot Single - Family Residential Project Located on the Side of Royal Way, APNS 799 -44 -093, 094,095, 096, 097, 098, 101, 109 &110 There were no public comments. City Council Meeting Minutes 4/6/2015 R Motion on Item IX.D. Motion: Approve Motion to Adopt A Resolution 2015 -11 of the City Council of the City of Gilroy Denying an Appeal of the Planning Commission's Denial of Architectural and Site Review Application AS 13 -14, for Approval of Building, Landscaping and Site Design for a Proposed 23 -Lot Single - Family Residential Project Located on the Side of Royal Way, APNS 799-44 -093, 094, 095, 096, 097, 098, 101, 109 & 110 Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco E. A Resolution of the City Council of the City of Gilroy Denying an Amendment to RDO 92 -29, a Residential Development Allocation for Country Estates, Phase IV Filed by Enterprise REI 8, LLC There were no public comments. Motion on Item IX.E. Motion: to Adopt A Resolution 201.5 -12 of the City Council of the City of Gilroy Denying an Amendment to RDO 92 -29, a Residential Development Allocation for Country Estates, Phase IV, Filed by Enterprise REI 8, LLC Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 4- 1 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Don Gage No: Council Member Cat Tucker Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco F. A Resolution of the City Council of the City of Gilroy Denying Zone Change Z 14 -11, a Planned Unit Development Zoning Amendment to Approve the Country Estates Phase IV PUD Design, Filed by Enterprise REI 8, LLC There were no public comments. Motion on Item IX.F. Motion: to Adopt a Resolution 2015 -13 of the City Council of the City of Gilroy Denying Zone Change Z 14-11, a Planned Unit Development Zoning Amendment to Approve the Country Estates Phase IV PUD Design, Filed by Enterprise REI 8, LLC Moved by Council Member Dion Bracco, seconded by Council Member Terri Aulman. Vote: Motion carried 4- 1 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Don Gage No: Council Member Cat Tucker Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco G. A Resolution of the City Council of the City of Gilroy Denying Tentative Map TM 13 -05, Creating 61 Residential Hillside Lots, 95.75 + /- Acres of Open Space, One,New Public Street and 5 New Private Streets on a Property Located Within Country Estates Phase IV, Generally Located North of Hecker Pass Highway (State Route 152) and South of Mantelli Drive, Adjacent to the Gilroy Gold Course, APN's 783 -47 -003 and 783 -45 -044, Filed by Enterprise REI 8, LLC City Council Meeting Minutes 4/6/2015 There were no public comments. Motion on Item IX.G. Motion: to Adopt a Resolution 2015 -14 of the City Council of the City of Gilroy Denying Tentative Map TM 13 -05, Creating 61 Residential Hillside Lots, 95.75+/ - Acres of Open Space, One New Public Street and 5 New Private Streets on a Property Located Within Country Estates Phase IV, Generally Located North of Hecker Pass Highway (State Route 152) and South of Mantelli Drive, Adjacent to the Gilroy Golf Course, APN's 783 -47 -003 and 783 -45 -044, Filed by Enterprise REI 8, LLC Moved by Council Member Dion Bracco, seconded by Council Member Terri Aulman. Vote: Motion carried 4- 1 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Don Gage No: Council Member Cat Tucker Absent: Mayor Pro Tempore Perry Woodward Abstain: Council Member Roland Velasco X. INTRODUCTION OF NEW BUSINESS B. A Resolution of the City Council of the City of Gilroy Supporting the County of Santa Clara and Santa Clara County Open Space Authority in Applying for Grant Funds From the California Sustainable Agricultural Lands Conservation Program in Order to Prepare a Sustainable Agricultural Land Strategy Plan The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item IX.B. Motion: to Adopt a Resolution 2015 -15 of the City Council of the City of Gilroy Supporting the County of Santa Clara and Santa Clara County Open Space Authority in Applying for Grant Funds From the California Sustainable Agricultural Lands Conservation Program in Order to Prepare a Sustainable Agricultural Land Strategy Plan 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; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Xl. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the Governor's water conservation mandate and the work staff was compiling to present to the Council on the impacts of the mandate on the City including updates to the existing ordinance and the setting of level 2 conservation efforts, and further described other options available to the City. XI1. CITY ATTORNEY'S REPORTS Acting City Attorney spoke on the issues with the water in the City of San Jose, and further spoke on a lawsuit regarding Great Oaks and the Water District explaining that the judgment had recently been reversed in the appellate court. Public comment Ron Kirkish was called to speak sharing his thoughts on looking for a way to store the City Council Meeting Minutes 4/6/2015 city's non - potable water. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a) Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between City of Gilroy and AFSCME, Local 101 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A. 11 (4) (a) Collective Bargaining Unit: Gilroy Management Association Representing Employees Affiliated with Gilroy Management Association City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between City of Gilroy and the Gilroy Management Association Acting City Attorney Faber announced that the Council was adjourning to closed session as provided for under the Brown Act and Open Government Ordinance. Motion to Adiourn to Closed Session Motion: to Adjourn to Closed Session Moved by Council Member Cat Tucker, 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; Council Member Roland Velasco; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward The Council adjourned to closed session at 8:06 p.m. SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 4/6/2015 1