Minutes 2016/03/21City of Gilrov
City Council Meeting Minutes
March 21, 2016
I. OPENING
' A. Call to Order
The meeting was called to order at 6:00 p.m.
The pledge of allegiance was led by Council Member Aulman.
City Clerk Shawna Freels announced that the agenda had been posted on March 16,
2016 at 11:45 a.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent/Excused: Mayor Pro Tempore Leroe -Munoz
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
Public Works Director Smelser introduced newly hired Office Assistant Donna Taft.
' II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Woodward presented a certificate of appreciation to outgoing Interim City
Administrator Tewes.
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
Ron Kirkish was called to speak explaining that the upcoming reports to Council on the
state of the streets and the state of the sidewalks were critical issues.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker spoke on the Santa Clara Valley Habitat Agency's recent
award from the Association of Environmental Professionals.
Council Member Velasco announced that the Sister Cities Association was having their
annual fundraising dinner on April 2nd and shared details of purchasing tickets to the
event.
Council Member Aulman spoke on the March 26th Gilroy Citizens free admission day.
She then spoke on the Historic Heritage committee work on trees.
Mayor Woodward spoke on the next mornings URM meeting at 8:00 a.m. and went on
to explain that the Mobility Partnership made up of Governing Body Members from
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Santa Clara County and San Benito County were continuing to meet to discuss a
proposal for a bypass between 152 and Highway 101 from Casa De Fruita to Gilroy.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Velasco asked to have the barking dog ordinance that had been
brought up under public comment at the last meeting, be agendized for Council
discussion.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of the March 7, 2016 Regular Meeting
B. A Resolution 2016 -11 of the City Council of the City of Gilroy Authorizing the
Use of the City Seal by Santa Clara County Department of Aging and Adult
Services
C. Report on Management Observations in the Downtown Urban Core
E. Appointment of One Member to the Community and Neighborhood
Revitalization Committee for a Tenn Ending December 31, 2017
F. Consultant Selection for Traffic Engineering Design and Operational Studies
Support Services, Project No. 16- RFP -PW -386
G. Award of San Ysidro Park Pathway and Lighting Project Construction and
Construction Management Contracts, Project No. 16 -PW -231
H. Second Quarter 2015 -2016 Budget Review '
Motion on the Consent Calendar
Motion: to approve Consent Calendar items A, B, C, E, F, G and H
Moved by Council Member Dion Bracco, 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 Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
D. Status Report on the General Plan Process
The staff report was presented by Interim City Administrator Tewes.
Public comment was opened.
Connie Rogers was called to speak sharing her involvement with the ballot initiative and
the goals in using the public input data that came from the general plan process to
develop the urban growth boundary.
Ron Kirkish was called to speak sharing the costs associated with the ballot initiative. '
Public comment was then closed.
Motion on Item VI.D.
Motion: to Postpone the General Plan Process for 14 days and direct staff to
return with a report on the impacts of delaying the processes.
Moved by Council Member Cat Tucker, seconded by Council Member Daniel
Harney.
Vote: Motion carried 6 -0 -1.
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Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Public Hearing to Establish a List of Properties Subject to the Weed
Abatement Program and Adoption of a Resolution Ordering the Fire Chief to
Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating
Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy
Code
The staff report was presented by Fire Marshal Bretschneider
The public hearing was opened; there being no comments it was then closed.
Motion on Item VIII.A.
Motion: to Adopt a Resolution 2016 -12 of the City Council of the City of Gilroy
Ordering the Fire Chief to Abate the Nuisance Arising out of Weeds Growing and
Refuse Accumulating Upon Property in the City of Gilroy, Pursuant to Section
12.51 of the Gilroy City Code
Moved by Council Member Terri Aulman, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
B. Public Hearing for the Appeal of the Planning Commission's Denial of AS 14-
41 Architectural and Site Permit Application for the Construction of a 75 -unit
Four -Story Senior Apartment Complex on a Property Located on the East Side
of Monterey Road Across from Ervin Court, APN 841 -14 -011; AMG and
Associates
The staff report was presented by Planner I Negrete.
The public hearing was opened.
Connie Rogers was called to speak sharing her thoughts on the location of the
proposed project stating that she didn't believe the area was safe.
Tom Fischer was called to speak stating that he believed ensuring the project was safe
for the elderly was vital, and a walk -able path on the shoulder of the road was not safe
enough.
The public hearing was then closed.
Motion on Item VIII.B.
Motion: to continue the item to the April 4, 2016 Council Meeting.
Moved by Council Member Cat Tucker, seconded by Council Member Daniel
Harney.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
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C. Architectural and Site Review Approval for the Construction of a 65,120
Square Foot 100 -Room Four -Story Hampton Inn and Suites Hotel on a
Property Located East of U.S. Highway 101 and Southeast of the Monterey
Road/Travel Park Circle Intersection, APN 800 - 568 -7104; Sharad Lai Applicant
(AS 14 -46)
The staff report was presented by Planner I Negrete.
The public hearing was opened; there being no comments it was then closed.
Motion on Item VIII.C.
Motion:, to Approve a Mitigated Negative Declaration Finding That it Reflects the
Independent Judgment and Analysis of the City and that on the Basis of the Full
Record There is no Substantial Evidence that the Project Will Have a Significant
Effect on the Environment
Moved by Council Member Cat Tucker, seconded by Council Member Teri
Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker;, Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Second Motion on Item VIII.C.
Motion: to Adopt a Resolution 2016 -13 of the City Council of the City of Gilroy
Approving Architectural and Site Review AS 14 -46 to Allow for the Construction
of a Four -Story, 100 -Room Hotel on a 1.51 Acre Site Located East of Highway 101
and Southeast of the Monterey Road/Travel Park Circle Intersection, APN's 841-
75 -006 and 841 -75 =012; Filed by Sharad Lai, SKL Associates
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
D. Tentative Map Approval and Architectural Site Review Request for the
Construction of a 95 -Lot Single - Family Development Located in the West
Cluster of the Hecker Pass Specific Plan, Commonly Known as Heartland
West, APN's 810 -20 -020 and 810 -20 -004. Applicant Meritage Homes c/o Scott
Kramer (TM 15 -04, AS 15 -20)
Council Member Aulman recused herself from deliberations on the item due to her
property ownership. She then left the Council chambers.
The staff report was presented by Interim Planning Director Tolentino.
Skip Spiering was called to speak and thanked the staff for the work on the project, and
shared the need for the lower priced homes.
The public hearing was then closed.
Motion on Item VIII.D.
Motion: to Adopt a Resolution 2016 -14 of the City Council of the City of Gilroy
Approving Tentative Map TM 15 -04 Hoey /Arias Heartland West for a Residential
Project Creating 95 Single- Family Residential Lots with 31.2 Acres of Open Space
and Uvas Creek Preserve, 5.4 Acres of Public and Private Streets and a 2.2 Acre
Remainder Parcel for Future DeveloOpment Located South of Hecker Pass
Highway, Southeast of 2 Oaks Lane /Lone Oak Court; APN's 810 -20 -020 and 810-
20 -004; Filed by Meritage Homes c/o Scott Kramer
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Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Dion Bracco; Council Member Daniel Harney; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
Second Motion on Item VIII.D.
Motion: to Adopt a Resolution 2016 -15 of the City Council of the City of Gilroy
Approving Architectural and Site Review AS 15 -20 Hoey /Arias Heartland West to
Allow for the Construction of a 95 -Unit Residential Project Located South of
Hecker Pass Highway, Southeast of 2 Oaks Lane /Lone Oak Court, APN's 810 -20-
020 and 810 -20 -004; Filed by Meritage Homes c/o Scott Kramer
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Dion Bracco; Council Member Daniel Harney; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
E. A General Plan Amendment, Zone Change Request, Planned Unit
Development, Tentative Map Approval and Architectural and Site Review
Request for the Construction of a 70 -Lot Single- Family Residential
Development With a 1.2 Acre Private Park on a 10.12 Acre Property Located at
8450 Wren Avenue, APN 790 -25 -031. The Zone Change Request is From Open
Space Public Facility (PF) to Single - Family Residential (R1) Land Use; the
General Plan Amendment is From Medium - Density to Low - Density; c/o
CalAtlantic Homes, Applicant. (GPA 15 -01) (Z 15 -07) (Z 15 -06) (TM 15 -03) (AS
15 -24)
Council Member Aulman returned to the dais.
The staff report was presented by consultant planner Stuart Poulter.
The public hearing was opened.
Deborah Flores spoke on behalf of the property owner Gilroy Unified School District,
sharing the process of demolishing a former school on the site, and identifying a new
school site location further south due to the population needs, and the goal in selling the
project location to assist in purchasing the new school site.
Applicant representative Kerri Watt was called to speak sharing the collaborative
process in working with the property owners Gilroy Unified School District and the
adjacent home owners, sharing details of the project.
Steve Ashford was called to speak detailing the conversations with the property owners
in the area and explaining that as a neighbor, he believed it was a good project. He then
spoke on the number of students who would be housed in the homes stating that he
didn't believe the numbers would be as low as presented.
The public hearing was then closed.
Council Members Bracco, Aulman, Tucker, Harney and Velasco and Mayor Woodward
each disclosed that they had individual discussions with the applicant and /or the
property owner.
Motion on Item VIII.E.
Motion: to amend the agenda to add the motion to adopt the addendum to the
mitigated negative declaration.
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Moved by Council Member Dion Bracco, 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 Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Second Motion on Item VIII.E.
Motion: to Approve the Addendum to the Mitigated Negative Declaration Finding
that it Reflects the Independent Judgment and Analysis of the City and That on
the Basis of the Full Record There is no Substantial Evidence that the Project Will
Have a Significant Effect on the Environment
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Third Motion on Item VIII.E.
Motion: to Adopt'a Resolution 2016 -16 of the City Council of the City of Gilroy
Approving General Plan Amendment Application GPA 15 -01 for a Property
Located at 8450 Wren Avenue; Filed by CalAtlantic Homes, Inc.
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Fourth Motion on Item VIII.E.
Motion: to Read the Ordinances by Title Only and Waive Further Reading
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
City Clerk Freels read the ordinance title.
Fifth Motion on Item VIII.E.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Zone Change Application Z15 -07 for a Property Located at 8450 Wren
Avenue; Filed by CalAtlantic Homes
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
City Clerk Freels read the ordinance title.
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Sixth Motion on Item VIII.E.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Planned Unit Development Zoning Amendment Z15 -06 Located at 8450
Wren Avenue Filed by CalAtlantic Homes
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Seventh Motion on Item VIII.E.
Motion: to Adopt a Resolution 2016 -17 of the City Council of the City of Gilroy
Approving Tentative Map TM 15 -03 wren avenue - Gilroy Unified School District
(former Las Animas Elementary School) Residential Project Creating 70 Single -
Family Residential Lots with 1.2 Acres to be Used as Private Open Space and 2.71
Acres to be Used for Private Streets and Private Drives, Located at 8450 Wren
Avenue, APN 790-25-031; Filed by CalAtlantic Homes
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 Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
Eighth Motion on Item VIII.E.
Motion: to Adopt a Resolution 2016 -18 of the City Council of the City of Gilroy
Approving Architectural and Site Application AS 15 -24 A Planned Unit
Development Architectural and Site Review to Allow For the Construction of the
Wren Avenue - Gilroy Unified School District (former Las Animas Elementary
School) Residential Project Located at 8450 Wren Avenue APN 790 -25 -031; Filed
by CalAtlantic Homes
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Perry Woodward
Absent: Mayor Pro Tempore Leroe -Munoz
F. A Zoning Amendment Planned Unit Development, Tentative Map Request and
Architectural and Site Approval for the Construction of a 202 -Unit Townhouse
Development on 10.15 Acres Located at the Southeast. Corner of Santa Teresa
Boulevard and First Street. APN's 808 -01 -021, 808 -01 -022 and 808 -01 -023;
Imwalle Properties Applicant (Z 13 -08, TM 13 -11, AS 13 -35)
Council Member Aulman recused herself from deliberations on the item due to property
ownership within 500 feet of the subject site. She then left the Council chambers.
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
Applicant Don Imwalle and his staff were called to speak sharing details of their project
proposal.
The public hearing was then closed.
Council Members Bracco, Tucker, Harney and Mayor Woodard each disclosed that they
had individual discussions with the applicant.
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Motion on Item VIII.F.
Motion: to add to the agenda the approval of the Mitigated Negative Declaration.
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Dion Bracco; Council Member Daniel Harney; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
Absent: Mayor.Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
Second Motion on Item VIII.F.
Motion: to approve the Mitigated Negative Declaration.
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 4- 1 -1 -1.
Yes: Council Member Dion Bracco; Council Member Daniel Harney; Council
Member Cat Tucker; Mayor Perry Woodward
No: Council Member Roland Velasco
Absent: Mayor Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
Failed Motion on Item VIII.F.
Motion: to Introduce an Ordinance Introduce an Ordinance of the City Council of the
City of Gilroy Approving Zoning Application Z 13 -08 Changing the Zoning Designation
From R4 (High Density Residential) to R4 /PUD (High Density Residential /Planned Unit
Development) to Allow for a 202 -Unit Condominium Townhouse Development on a
Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street,
APN's 808- 01 -21, 808 -01 -22 and 808- 01 -23; Filed by Imwalle Properties
Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker.
Vote: Motion carried 3 -2.
Yes: Council Member Dion Bracco; Council Member Cat Tucker; Mayor Perry
Woodward
No: Council Member.Daniel Harney; Council Member Roland Velasco
Absent: Mayor Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
Second Motion on Item VIII.F.
Motion: to continue the item to the April 4, 2016 meeting.
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 4- 1 -1 -1.
Yes: Council Member Dion Bracco; Council Member Daniel Harney; Council
Member Cat Tucker; Mayor Perry Woodward
No: Council Member Roland Velasco
Absent: Mayor Pro Tempore Leroe -Munoz
Recused: Council Member Terri Aulman
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Authorizing
the Implementation of a Community Choice Aggregation (CCA) Program
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt an Ordinance 2016 -06 of the City Council of the City of Gilroy
Authorizing the Implementation of a Community Choice Aggregation (CCA)
Program
Moved by Council Member Cat Tucker, seconded by Council Member Daniel
Harney.
Vote: Motion carried 5 -1 -1.
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Yes: Council Member Terri Aulman; Council Member Daniel Harney; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
No: Council Member Dion Bracco
Absent: Mayor Pro Tempore Leroe -Munoz
X. INTRODUCTION OF NEW BUSINESS
There was none.
XI. CITY ADMINISTRATOR'S REPORT
Interim City Administrator Tewes explained that items on the agenda were highlights for
the Council's upcoming Strategic Planning Session. He then thanked the Council and
staff for the opportunity to serve the city.
XII. CITY ATTORNEY'S REPORT
There were none.
XIII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4)
Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters
City Negotiators: Ed Tewes, Interim City Administrator; Gabriel Gonzalez, Incoming City
Administrator; LeeAnn McPhillips, City Human Resources Director
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy
Firefighters Local 2805
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4)
Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy
Police Officers
City Negotiators: Ed Tewes, Interim City Administrator; Gabriel Gonzalez, Incoming City
Administrator; LeeAnn McPhillips, City Human Resources Director
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police
Officers Association, Inc.
There were no public comments.
The Council adjourned to closed session at 8:52 p.m.
SHAWNA
City Clerk
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