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Minutes 2015/05/18City of Gilroy City Council Special and Regular Meeting Minutes May 18, 2015 I. Call to Order and Roll Call Mayor Gage called the meeting to order at 5:00 p.m. He then announced that the Council was opening with a special meeting at 5:00 p.m. and if it ran over, the regular meeting would be opened and the Council would then resume with the special meeting topic. 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: Council Member Roland Velasco II. NEW BUSINESS A. Gilroy 2040 General Plan Preferred Land Use Alternative The staff report was introduced by Senior Planner Ketchum. Consultant Dave Amos of Mintier Harnish presented the land use alternatives phase of the general plan process. Council Member Roland Velasco joined the meeting at 05:03 p.m. Public comment was opened. Connie Rogers spoke on the recommendations of the planning commission sharing her thoughts as a member of Save Open Space and their support of reserving the open space areas and compacting urban growth. Ken Kerley was called to speak sharing thoughts on the zoning of his family's property near the sports park and Gavilan college, and asking that the zoning remain the same. He spoke on traffic and infrastructure needs of the area, and future development of the property. James Pace President of the Gilroy Unified School District Board was called to speak giving thanks for the city including the school district in the planning of the new General Plan. He spoke on the need for adequate school facilities and future planning to proactively address everyone's needs. REGULAR MEETING 6:00 P.M. I. OPENING A. Call to Order Mayor Gage called the regular meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Velasco. The invocation was given by Pastor Greg Quirke of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on May 13, 2015 at 12:15 p.m. and the revised agenda had been posted on May 15, 2015 at 1:15 p.m. City Council Meeting Minutes 5/18/2015 2 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 Pro Tempore Perry Woodward; Mayor Don Gage A. Gilroy 2040 General Plan Preferred Land Use Alternative Public comment was re- opened Elizabeth Sanford was called to speak sharing her thoughts on growing economic growth by providing jobs in the community and the need to plan for equity in planning for housing in balance with fostering economic growth. Tammy Brownlow Executive Director of the Economic Development Corporation was called to speak explaining that as a member of the GPAC she believed the recommendation for focus area 8 was in the best interests of the city. Martha Schauss was called to speak sharing her thoughts on the priority of the GPAC and those of the public during the citizens workshops explaining that there was a strong recommendation to retain the open space by the public, and expressed the need to retain the rural areas for a higher quality of life for Gilroy's residents. Henry Coletto was called to speak stating that as a lifelong resident of multiple generations he had seen major changes in the community and explaining_that slower growth was a better option for the community. Katrina Krakow was called to speak on the non - responsiveness of police as there were no enough police staffed during the day and suggested identifying public safety as the number one priority. She spoke on the city's use of the wrong type of street lighting and the need to focus on safety. Ruben DeLerosa was called to speak on the quality of the jobs providing in the future and the impacts of the High Speed Rail on Gilroy. Carolyn Tognetti was called to speak explaining that as a member of the GPAC as well as the prior general plan committee she recognized increased citizen involvement in the 2040 general plan process, and the overwhelming recommendation for compact development. She spoke in support of the Planning Commission's choice to uphold the public's recommendations for compact development and then spoke on revitalizing the downtown for fiscal and image reasons. Walt Glines was called to speak as a member of the GPAC sharing his belief that high paying jobs was a necessity in the city. He then spoke on a .letter from the VTA regarding the general plan. Linda West from the Citizens for Downtown Revitalization was called to speak sharing her groups thoughts on upholding the public's recommendations and focusing on economic development for the downtown. Don Perino was called to speak explaining that the 1000 acre property on the east'side of the railroad should be without leap- frogging. He then asked how many members of the council had taken a course on real estate suggesting that growth go west not east. He then referred to an article recently written. David Almeida was called to speak requesting that the plan go back to the General Plan Advisory Committee for further review as urban development should be identified verses suburban growth as it was unsustainable. He then spoke on the need to grow inwardly suggesting that Portland and other communities. Bob Sigala was called to speak sharing his reasons for moving to Gilroy to get out of the big city atmosphere. He spoke on the cost of living and the impacts of growth on infrastructure such as water. He then spoke on a eminent domain issue from his City Council Meeting Minutes 5/18/2015 property and then spoke on extended response time for public safety. He concluded by stating that the public really wanted to see open space and more public input was needed. David Lima was called to speak sharing his thoughts on the fiscal responsibility in maintaining the services and spoke on the removal of the areas to open space to reduce overall costs to the city. He then spoke on the goal of development in the downtown corridor to draw development interests and suggested that the council support the planning commission recommendations. Public comment was closed. Motion on Special Meeting Item A Motion: to Approve Preferred Land Use Alternatives as recommended by the GPAC with the change of the 660 in focus area 8 to open space for Inclusion in the Gilroy 2040 General Plan and Direct Staff to Proceed with the Development of a General Plan Policy Document and Environmental Impact Report Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -3. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker; 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 Mayor Gage presented a proclamation naming May, 2015 Foster Care Awareness Month. Mayor Gage presented a proclamation naming May 14 -22, 2015 Affordable Housing Week. 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 no public comments. IV. REPORTS OF COUNCIL MEMBERS Peter Leroe Munoz spoke on the Gilroy Youth Task Force golf tournament the prior Friday sharing the tremendous support from the community thanking Mayor Gage for bringing the event back as a fund raiser as it was a huge success. MAYOR'S REPORT Mayor Gage reported the EDC had met and approved the budget, the Downtown Business Association was having difficulties with their budget, the youth task force policy team had met and SCRWA had met and approved the plan, and the URM Task force City Council Meeting Minutes 5/18/2015 n had one additional building that had been approved and was being permitted, explaining that all should be completed by the year end. Council Member Velasco announced that ABAG had met and approved the annual work plan and budget. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Gage asked that a discussion on the development of a parking garage in city library area be agendized for a future meeting. Council Member Tucker asked that a future item on the impact fees for small businesses in the downtown. The Council agreed to agendize the two items. VI. CONSENT CALENDAR A. Minutes of the May 4, 2015 Regular Meeting B. A Resolution 2015 -19 of the City Council of the City of Gilroy Setting the Annual Fireworks Mitigation Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks, Pursuant to Gilroy City Code Chapter 10A C. Notice of Acceptance of Completion of Eigleberry Street Water Service Replacement Project No. 15 -PW -215 D. Adoption of an Ordinance 2015 -03 of the City Council of the City of Gilroy Ratifying Ordinance No. 2012 -06 Levying Special Tax Within Community Facilities District No. 2012 -01 (Landscape Maintenance) and Ratifying Previous Levies E. A Resolution 2015 -20 of the City Council of the City of Gilroy Identifying the Terms and Conditions for Fire Department Personnel Response Away from Their Official Duty Stations and Assigned to an Emergency Incident F. Claim of Monique Alarcon (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Claim of Israel Chapa (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. Claim of Raymond Lazalde (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) I. Appointment of One (1) Member to the Personnel Commission With a Term Ending 12/31/2018 J. Letter of Support to the Santa Clara Valley Transportation Authority (VTA) Endorsing the Preferred Highway 85 Express Lanes Project K. Amendment to the Agreement for Professional Services with NHA Advisors, LLC in an Amount Not to Exceed $125,000.00 Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E, F, G, H, I, J and K. Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland City Council Meeting Minutes 5/18/2015 M Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS A. Approval of the Purchase. of Emergency Communications Phone System Upgrades and Maintenance The staff report was presented by Captain Deras. Motion on Item VII.A. Motion: to Approve Purchases with Carousel Industries of North America, Inc. and Airbus DS Communications in the Amount of $298,930.53 for Emergency Communications Phone.System Upgrades and Maintenance Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Gilroy Approving Zone Change Z 15 -04, a Planned Unit Development Zoning Amendment to Approve the Heartlands Estates Phase I Project, Filed by Meritage Homes c/o Scott Kramer for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass Road, APN 810 -21 -009 Council Member Aulman recused herself from deliberations on the item due to her home ownership within 500 feet of the project site. She then left the Council chambers. There were no public comments. Motion on Item 1X.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Abstain: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Zone Change Z 15 -04, a Planned Unit Development Zoning) Amendment to Approve the Heartlands Estates Phase 1 Project, Filed by Meritagel Homes for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass Road, APN 810 -21 -009 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage City Council Meeting Minutes 5/18/2015 G Abstain: Council Member Terri Aulman B. A Resolution of the City Council of the City of Gilroy Approving General Plan Amendment Application GPA 14 -02, A General Plan Amendment to Modify the Hecker Pass Specific Plan Filed by Northern California Land and Entitlement Consultants for APN's 810 -20 -004 and 810 -21 -009 There were no public comments. Motion on Item IX.B. Motion: to Adopt a Resolution 2015 -21 of the City Council Approving General Plan Amendment Application GPA 14 -02, A General Plan Amendment to Modify the Hecker Pass Specific Plan Filed by Northern California Land and Entitlement Consultants for APN's 810 -20 -004 and 810 -21 -009 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward Mayor Don Gage Abstain: Council Member Terri Aulman C. An Ordinance of the City Council of the City of Gilroy Approving Zone Change Z 15 -02, a Planned Unit Development Zoning Amendment to Approve the Heartlands Estates Phase II Project, Filed by Meritage Homes c/o Scott Kramer for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass Road, APN 810 -21 -009 There were no public comments. Motion on Item IX.C. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item IX.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Zone Change Z 15 -02, a Planned Unit Development Zoning Amendment to Approve the Heartlands Estates Phase II Project, Filed by Meritage Homes c/o Scott Kramer for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass Road, APN 810 -21 -009 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Abstain: Council Member Terri Aulman D. Review of Gilroy City Code Chapter 8.13 "Elections Campaign Finance" The staff report was presented by City Administrator Haglund and further presented by Acting City Attorney Faber. City Council Meeting Minutes 5/18/2015 The Council directed staff to return with an amended to the code section setting the contribution limit at a $1. per capita. X. INTRODUCTION OF NEW BUSINESS A. Modifications to Article VI of Chapter 27 of the Gilroy City Code Entitled 'Water Supply Shortage Regulations and Declaration of Level 2 Water Supply Shortage Conditions The staff report was presented by Public Works Director Smelser. Public comment was opened. Katrina Krakow was called to speak sharing her thoughts on water use asking the city if it could provide the total number of gallons used, as the data was not currently provided to water customers. She then spoke on doing better outreach with water customers as online billing customers did not receive the same information that mail billing customers did. She then asked how the regulations would affect customers who already reduced their usage. Tammy Brownlow was called to speak asking for the impacts on businesses as high usage business customers didn't have the landscaping uses presented in the report. Jane Howard was called to speak asking for the impacts on lodging properties and shared the outreach the Welcome Center could provide. Public comment was then closed. Motion on Item X.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage City Clerk Freels read the ordinance title. Second Motion on Item X.A. Motion: to Adopt Emergency Ordinance 2015 -04 of the City Council of the City of Gilroy Amending Article VI of Chapter 27 of the Gilroy City Code Entitled 'Water Supply shortage Regulations Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Third Motion on Item X.A. Motion: to Adopt a Resolution 2015 -22 of the City Council of the City of Gilroy Declaring the Existence of Level 2 Water Supply Conditions Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry. Woodward; Mayor Don Gage B. Liability Risk Pool Assessment The staff report was presented by Human Resources Director McPhillips City Council Meeting Minutes 5/18/2015 There were no public comments. Motion on Item X.B. Motion: to Direct staff to take the necessary actions to join the Municipal Pooling Authority Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code Section 17A.11 (3) (a) Name of Case: Perez v. Sullivan, et al. Court: Santa Clara County Superior Court Case No.: 1- 13 -CV- 253521 Date Case Filed: September 24, 2013 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code Section 17A.11 (3) (a) Name of Case: Monte, et al. v. City of Gilroy Court: Santa Clara County Superior Court Case No.: 1- 14 -CV- 269259 Date Case Filed: August 12, 2014 Acting City Attorney Faber recommended adjourning to closed session as discussion of the litigation in open session could prejudice the city's position in the cases. Motion to Adjourn to Closed Session Motion: Approve to adjourn to closed session on items A and B. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 5/18/2015