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Minutes 2016/02/01City'of Gilroy City Council Meeting Minutes February 1, 2016 A. Call to Order Mayor Woodward called the meeting to order at 6:00 p.m. The pledge of alliance was led by Council Member Tucker. The Invocation was given by Bishop Glen Saul of the Church of Jesus Christ of Latter Day Saints. City Clerk Shawna Freels announced that the agenda had been posted on January 27, 2016 at 11:15 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. Orders of the Day There were no agenda changes. C. Employee Introductions Community Development Director Abrams introduced newly hired Building Inspector Sean Lopez. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Woodward presented a proclamation to South County Chrysler for the Donation of two Police Vehicles. Recreation Manager DeLeon and Mayor Woodward presented awards to the Young Artists Poster Contest winners. 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 B. Presentation of the City Hall and Council Chambers Remodel Project Facilities Manager Dunckel presented the item. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco congratulated the Gilroy High School band for being selected to play at the super bowl. Mayor Pro Tempore Leroe -Munoz announced that the Santa Clara Valley water commission held a meeting the previous month and had announced impressive water use reduction statistics. City Council Meeting Minutes 2/1/2016 Mayor Woodward announced that the City Administrator recruitment was in process and an announcement would be made in some weeks. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the January 19, 2016 Special Meeting B. Minutes of the January 25, 2016 Regular Meeting C. 800 First Street Parcel Map Approval, APNS 808 -12 -013 to 808 -12 -016 D. Certificate Congratulating Brandon Ellemburg for His Achievement of the Hispanic Heritage Foundation's 2016 National Youth Award of. Excellence in Business & Entrepreneurship Motion on the Consent Calendar Motion: Approve Consent Items A, B, C and D. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. A Residential Development Ordinance Housing Exemption Request to Allocate 104 Downtown Exemption Units to The Cannery Apartment Project Located at 111 Lewis Street, APN 841 -04 -029; Meta Housing Corporation c/o Chris Maffris, Applicant (RDO HE 15 -03) Mayor Woodward announced that he owned property within 500 feet of the subject site. He then left the Council Chambers. The staff report was presented by Planning Division Manager O'Strander. The public hearing was opened. Chris Maffris spoke on other projects his company had designed, and then spoke on improving security in the area. He concluded by describing options for additional parking. The public hearing was then closed. Council Members Tucker, Aulman and Mayor Pro Tempore Leroe -Munoz each announced that they had independently spoken with the developer. Motion on Item VIII.A: Motion: to Adopt a Resolution 2016 -07 of the City Council of the City of Gilroy Approving RDO HE 15 -03 an Application for an RDO Downtown Housing Exemption Request for the Development of 104 Apartment Units on Approximately 4.94 Acres Located at 111 Lewis Street, APN 841 -04 -029 Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat City Council Meeting Minutes 2/1/2016 Tucker; Council Member Roland Velasco Recused: Mayor Perry Woodward B. Architectural and Site Review Request to Construct Three Single - Family Homes on a Property Located at 5672, 5682, 5702 Mesa Road, APNs 810 -62- 022, 023 and 025; Hewell & Sheedy c/o Mark Hewell, Applicant (A/S 15 -31) The staff report was presented by Planning Division Manager O'Strander. The public hearing was opened; there being no comment, it was then closed. Motion on Item VIII.B. Motion: to Adopt a Resolution 2016 -08 of the City Council of the City of Gilroy Approving A/S 15 -31 An Application for Architectural and Site Approval for the Mesa Road Homes Subdivision Located at 5672, 5682, and 5702, Southwest of Santa Teresa Boulevard, APN's 810 -62 -022, 023, and 025 Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward IX. UNFINISHED BUSINESS X. INTRODUCTION OF NEW BUSINESS A. Request to Extend Tentative Map Application TM 06 -06 an 11 -Lot Single Family Subdivision on Approximately 4 Acres Located at 5875 Miller Avenue There were no public comments. The staff report was presented by Planning Division Manager O'Strander. Motion on Item X.A. Motion: to Adopt a Resolution 2016 -09 of the City Council of the City of Gilroy Approving the Extension of Tentative Map TM 16 -06 Creating 11 Single - Family Residential Lots on Approximately Four Acres Located at 5875 Miller Avenue, West of Mill, Thomas and Mesa Road Intersection, APN's 810 -28 -014 and 015 Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. A Resolution of the City Council of the City of Gilroy Opposing the Increase of "Oil Train" Train Sets on the Union Pacific Railroad Through Gilroy There were no public comments. Motion on Item X.B. Motion: to Adopt a Resolution 2016 -10 of the City Council of the City of Gilroy Opposing the Transportation of Crude Oil by Rail, Specifically the Phillips 66 Rail Spur Extension Project and Crude Oil Unloading Facility in San Luis Obispo County, CA. and Authorization to the Mayor and City Administrator to Send a Letter of Opposition 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 City Council Meeting Minutes 2/1/2016 Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward C. Annual Appointments to City Council Representative Seats The report was presented by Mayor Woodward. There were no public comments. Motion on Item X.C. Motion: to Confirm Appointments to City Council Representative Seats 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 Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward XI. CITY ADMINISTRATOR'S REPORT There was none. XII. CITY ATTORNEY'S REPORT There was 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) LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY, a state - mandated independent local agency v. CITY OF GILROY, a charter city; CITY COUNCIL OF THE CITY OF GILROY, a governmental body; and DOES 1 -20, inclusive, MARTIN LIMITED PARTNERSHIP, a limited partnership, JEFFREY MARTIN, an individual, RANCHO 101 GILROY LLC, a limited liability corporation, NORTHERN CALIFORNIA LAND AND ENTITLEMENT CONSULTANTS, INC., a corporation, WANMAEI PROPERTIES, INC., a corporation, and CHESTER H. (SKIP) SPIERING, an individual and ROES 21 -40 inclusive, Real Parties in Interest. Court: Superior Court of Santa Clara County, Case No. 16CV290062 Date Filed: January 13, 2016 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Existing Litigation Pursuant to California Government Code Section 54956.9 (d)(1) and Gilroy City Code Section 17A.11 (3)(a)A KEN KERLEY AND DANIEL FIORIO v. THE CITY OF GILROY, THE CITY COUNCIL OF THE CITY OF GILROY, and DOES 1 -25, MARTIN LIMITED PARTNERSHIP C/O JEFFREY MARTIN, WREN INVESTORS LLC, and MARK HEWELL, and DOES 26 -50, inclusive, Real Parties in Interest Court: Superior Court of Santa Clara County, Case No. 16CV290062 Date Filed: January 12, 2016 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7491 Railroad Avenue, Gilroy, CA. ; APN 841 - 060 -001 Negotiators: Ed Tewes, Interim City Administrator Other Party to Negotiations: David Horspool Under Negotiations: Price and Terms of Payment City Council Meeting Minutes 2/1/2016 1 1 1 Acting City Attorney Faber announced that the Council was entering into closed session as discussion in open session could prejudice the position of the city. There were no public comments. The Council adjourned to closed session at 7:00 p.m. City Clerk City Council Meeting Minutes 2/1/2016