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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 City Council Meeting Minutes 3/21/2016 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. City Council Meeting Minutes 3/21/2016 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 City Council Meeting Minutes 3/21/2016 4 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 City Council Meeting Minutes 3/21/2016 1 1 1 5 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. City Council Meeting Minutes 3/21/2016 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. City Council Meeting Minutes 3/21/2016 7 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. City Council Meeting Minutes 3/21/2016 K 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. City Council Meeting Minutes 3/21/2016 1 LJ 1 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 1 City Council Meeting Minutes 3/21/2016