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Minutes 2016/04/04City of Gilroy City Council Meeting Minutes April 4, 2016 I. OPENING A. Call to Order Mayor Woodward called the meeting to order at 6:00 p.m. explaining that the meeting would be adjourned in memory of former City Clerk Susanne Steinmetz, and he then shared her biography. The pledge of allegiance was led by Council Member Velasco. The invocation was given by Pastor Malcolm McPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on March 30, 2016 at 1:00 p.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 none. C. Employee Introductions Police Chief Turner introduced Police Officer Anthony Parker and Detention Service Officer Jason Struzik. Mayor Pro Tempore Leroe -Munoz joined the meeting at 06:07 p.m. Community Development Director Abrams introduced newly hired Building Inspector Gerry Richards. Recreation Department Manager DeLeon introduced newly hired Recreation Coordinator Brian Harries. II. CEREMONIAL ITEMS Mayor Woodward administered the oath of office to newly hired City Administrator Gabriel Gonzalez. B. Proclamations, Awards and Presentations Mayor Woodward presented a proclamation naming the Month of April, 2016 Autism Awareness Month. Mayor Woodward presented a proclamation naming the Month of April, 2016 Sexual Assault Awareness Month. 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 City Council Meeting Minutes 4/4/2016 Donald Perino was called to speak sharing background of the Henry Miller barn event he had attended and detailing the restoration project explaining that saving the barn was of importance to the community. Crystal Mickier was called to speak sharing the need for street sweeping in her neighborhood on Sixth Street. IV. REPORTS OF COUNCIL MEMBERS Council Member Velasco shared the outcome of the Sister Cities fundraising dinner sharing its success of fundraising and awareness. Mayor Woodard spoke on the annual volunteer appreciation dinner the previous week and the award of distinction for the Wipe Out Watch volunteers, and over 30,000 of volunteer hours had been put in during the year. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the March 21, 2016 Regular Meeting B. Notice of Acceptance of Completion of Schaal Property, Phase I Tract 9717 Improvements C. Claim of Rachel Lerma (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Terrell Thompson (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) . Motion on the Consent Calendar Motion: Approve Consent Calendar Items A, B, C, D Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. 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 (continued from 3/21/2016 meeting) The staff report was presented by Planner I Negrete. The public hearing was opened. A representative of the applicant AMG Associates spoke on the need to put the project into perspective noting that the residents would be 55 and over and would be very able - bodied citizens. He went on to describe the affordability of the homes and the need for such housing in Gilroy. He spoke on the connectivity and his company's adherence to the law with regards to sidewalks and accessibility stating that a good faith effort had been made with the walking path without a rational nexus within the transitional area. City Council Meeting Minutes 4/4/2016 3 Ron Kirkish was called to speak sharing his concerns for safety and the need for reasonable parking throughout the corridor explaining that he believed the project should not be approved as proposed. The public hearing was then closed. Motion on Item VIII.A. Motion: to Continue the item to the April 18, 2016 Council meeting. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Roland Velasco. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. 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) (continued from 3/21/2016 meeting) The item was presented by Community Development Director Abrams. The public hearing was opened there being no comments it was then closed. Council Member Leroe -Munoz stated that he had previous discussions with the project applicant. Applicant Don Imwalle spoke on traffic improvements and impact fees being paid and described the outreach conducted with surrounding neighbors. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to 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 5 -1 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward No: Council Member Roland Velasco Recused: Council Member Terri Aulman Third Motion on Item VIII.B. Motion: to Adopt Resolution 2016 -20 of the City Council of the City of Gilroy City Council Meeting Minutes 4/4/2016 4 Approving Tentative Map Application TM 13 -11 Creating 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 Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward No: Council Member Roland Velasco Absent: Council Member Terri Aulman Fourth Motion on Item VIII.B. Motion: to Adopt a Resolution 2016 -21 of the City Council of the City of Gilroy Approving Architectural and Site Review Application AS 13 -35 Creating 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 & 808- 01 -23; Filed by Imwalle Properties (ROLL CALL VOTE) Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward No: Council Member Roland Velasco Absent: Council Member Terri Aulman C. Public Hearing for the Distribution of Community Development Block Grant and Housing Trust Fund Second -Year 2016 -2017 Public Service Funding Allocations The staff report was presented by Community Development Director Abrams. Jan Berstein Chargin was called to speak detailing a call she had received from a former client who was no longer homeless. The public hearing was then closed. Motion on Item VIII.C. Motion: to Approve the Distribution of 2016 -2017 Community Development Block Grant and Housing Trust Fund Allocations Moved by Council Member Terri Aulman, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward IX. UNFINISHED BUSINESS A. Adoption of 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 There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2016 -07 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 Cat Tucker, seconded by Council Member Terri Aulman. City Council Meeting Minutes 4/4/2016 5 Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member. Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. Adoption of 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 There were no public comments. 1 Motion on Item IX.B. Motion: to Adopt an Ordinance 2016 -08 of the City Council of the City of Gilroy Approving Planned Unit Development Zoning Amendment Z15 -06 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 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward C. Assessment of Consequences to Postpone the Formal Adoption of the Proposed City of Gilroy 2040 General Plan and Associated Environmental Impact Report, Presently in Administrative Review Version The staff report was presented by Senior Planner Ketchum. There were no public comments. Motion on Item IX.C. Motion: to adopt staff recommendations of postponing the 2040 General Plan EIR and adoption of the General Plan for an unspecified period of time. Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Report on the State of the Sidewalks The staff report was presented by Traffic Engineer Servin. There were no public comments. The Council adjourned for a break at 8:10 p.m. and reconvened at 8:18 p.m. B. Report on the State of the Streets The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Ron Kirkish was called to speak sharing the need for long range planning for the repair of the deteriorated sidewalks and describing the benefits of the defeated ballot measure that would have assisted in funding the need. City Council Meeting Minutes 4/4/2016 M Richard Masoni was called to speak and explained that the measurements were extremely accurate. He shared details of the repair processes and the impacts to streets due to the weather. Public comment was closed. C. CalPERS Prepayment Options for Unfunded Pension Liability The staff report was presented by Interim Finance Director Voss. D. Discussion of the Downtown Specific Plan Area - Plazas and Community Gathering Places and Direction to Staff to Proceed With Implementation Areas of the Downtown Specific Plan The staff report was presented by Interim Planning Director Tolentino. There were no public comments. Motion on Item X.D. Motion: Direction to Staff to proceed with looking at different areas and for Council to discuss the concept further at the Strategic Planning Session Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS Spoke on his first weeks with the City and goals with the Strategic Planning Session. 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) 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 NEWELL, and DOES 26 -50, inclusive, Real Parties in Interest Court: Superior Court of Santa Clara County, Case No. 16CV290062 Date Filed: January 12, 2016 B. 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: Gabriel Gonzalez, 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 C. 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 Council Meeting Minutes 4/4/2016 7 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, Labor Negotiations Counsel 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. D. 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) Case Name: City of Gilroy v. Lynette Marie Hill, as Successor Trustee of the Eugene Francis Sachara 2005 Trust, dated January 3, 20 -05 Court: Santa Clara County Superior Court Case Number: F1555976 Date Filed: June 23, 2015 E. 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, APN 841 - 060 -001 Negotiators: Gabriel Gonzalez, City Administrator Other Party to Negotiations: David Horspool Under Negotiations: Price and Terms of Payment Acting City Attorney Faber explained that the Council was adjourning to closed session on the litigation items as discussion in open session would undoubtedly prejudice the city's position in the cases. There were no public comments. Motion to Adjourn to Closed Session Motion: to Adjourn to Closed Session Moved by Council Member Cat Tucker, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward The Council adjourned to Closed Session at 9:59 p.m. SHAWNA FREELS, City Clerk 1 City Council Meeting Minutes 4/4/2016