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Minutes 2017/03/20City of Gilroy City Council Meeting Minutes March 20, 2017 I. OPENING A. Call to Order Mayor Velasco called the meeting to order at 6:02 p.m. The pledge of allegiance was led by Council Member Tovar. 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 March 15, 2017 at 2:30 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco B. Orders of the Day There were no agenda changes. C. Employee Introductions Finance Director Forbis introduced newly hired Accounting Assistant Yeni Martinez. Interim Public Works Director Roberts introduced newly hired Maintenance Worker II Rito Martinez. Interim Police Chief Smithee introduced newly hired Communications Specialist Mayra Ramirez. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations Mayor Velasco presented a proclamation recognizing the 25th Anniversary of Bethany Church. Mayor Velasco then presented certificates of appreciation to former Board, Commission and Committee Members. III. PRESENTATIONS TO THE 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 none. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe Munoz announced two upcoming ribbon cuttings at Gilroy Wellness studio YMCA and Detail Experts. He then spoke on a recent meeting he had attended with People Acting in Community Together (PACT), sharing the presentation by the Interim Police Chief on community policing. Mayor Velasco spoke on the Sister Cities annual fundraiser being held the following Saturday. He then spoke on the needed repairs to First Street explaining that he and the City Administrator would be traveling to Sacramento the following day to address state funding for State Highway 152 /First Street repairs. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Velasco asked the Council to consider to agendize the expansion of local preference purchasing. The Council agreed to agendize the item. VI. CONSENT CALENDAR A. Approval of the Minutes of the February 27, 2017 Regular Meeting B. Approval of the Minutes of the March 6, 2017 Regular Meeting C. Claim of Nathan Martinez (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Maria Carapinha (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, and D Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. Architectural and Site Approval and Adoption of a Mitigation Monitoring and Reporting Program for Heartland Gardens, a 73 -unit Gated Residential Neighborhood Located South of Hecker Pass Highway at 2730 Lone Oak Court Within the Hecker Pass Specific Plan, APN's 810 -20 -022 and 810 -20- 007 (AS 16 -32) The item was introduced by Interim Planning Manager Tolentino and presented by Contract Planner Poulter. The public hearing was opened. Lori Parshall was called to speak sharing her concerns with flooding in the neighborhood and the impacted issue with the new development. Bette Thomas was called to speak sharing her concerns with the flooding in the area of the development. She then spoke on her communications with the developer and their comments that the water was not at her doorstep, so they would not . Susan Mister was called to speak sharing her concerns with the Hecker Pass area development in total and traffic issues prior to the installation of the 152 roundabout asking the Council to consider the unknowns before approval. Bill O'Connor was called to speak and asked if the building permits would be issued prior to or after the additional access roads were put in. Doug Puening was called to speak and asked if there would be public parking in the park area to afford all Gilroy residents the opportunity to use the city park, and he then spoke on flooding in the area at the underpass which was a safety concern. He concluded by speaking on the roundabout and two -lane bridge asking what the plans were to expand the bridge. Jess Samon of Meritage Homes spoke on other development activities of the company in the community and outlined the project scope and outreach with adjacent property owners. The public hearing was closed. Motion on Item VIII.A. Motion: Adoption of Resolution 2017 -09 of the City Council of the City of Gilroy approving Architectural and Site Review AS 16 -32 to allow construction of a 73- unit residential project located south of Hecker Pass Highway (State Route 152) at 2730 Lone Oak Court and adoption of the Heartland Gardens mitigation monitoring and reporting program (APNs 810 -20 -022 and 810 -20 -007) Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 4 -3. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Cat Tucker No: Council Member Daniel Harney; Council Member Fred Tovar; Mayor Roland Velasco IX. UNFINISHED BUSINESS A. Approval of Lease Agreement for 7341 Monterey Street and Adjacent Properties, Gilroy Arts Alliance (GAA) Leasee The staff report was presented by Recreation Manager De Leon. There were no public comments. Motion on Item IX.A. Motion: to Approve a lease agreement between the City of Gilroy and the Gilroy Arts Alliance (GAA) and authorize the City Administrator to execute the lease agreement with the change identified by the City Attorney. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco X. INTRODUCTION OF NEW BUSINESS A. Second Amendment to the Services Agreement Between the County of Santa Clara and the City of Gilroy for the Abatement of Weeds and Refuse The item was presented by Fire Marshal Bretschneider. Motion on Item X.A. Motion: Approve Second Amendment to the Services Agreement Between the County of Santa Clara and the City of Gilroy for the Abatement of Weeds and Refuse Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco B. Resolution to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process The staff report was presented by Fire Marshal Bretschneider. There were no public comments. Motion on Item X.B. Motion: Adoption of Resolution 2017 -10 of the City Council of the City of Gilroy declaring certain weeds growing in the City and accumulations of refuse in the City to be a public nuisance, describing said weeds and refuse which constitute such nuisance, and providing notice of the adoption of the resolution by publication thereof Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco C. Request for a Tentative Map Extension for a 17 -lot Subdivision Located at 5350 Monterey Road, APN 841 -31 -021 (TM 08 -01) The staff report was presented by Interim Planning Manager Tolentino. The public comment was opened. Rob Onetto of RJA, the applicant was called to speak and shared the length of the process and delays due to issues at an adjacent project. Public comment was then closed. Mayor Velasco announced that he had spoken with the applicant and had learned of their concerns with the zoning and project timing. Motion on Item X.C. Motion: Adoption of Resolution 2017 -11 of the City Council of the City of Gilroy approving the extension of Tentative Map TM 08 -01, subdividing a 20 -acre site located at 5350 Monterey Road into 17 lots for commercial and industrial uses; APN 841 -31 -021, extended to February 8, 2019. Moved by Council Member Daniel Harney, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco XI. CITY ADMINISTRATOR'S REPORTS There was no report provided. XII. CITY ATTORNEY'S REPORTS City Attorney Faber spoke on recent case law coming from the Smith vs. City of San Jose California Public Records Act case, describing the impacts to cities. He then spoke on the Santa Clara County vs. Trump case regarding being named as a sanctuary jurisdiction. XIII. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: AFSCME Memorandum of Understanding: MOU Between City of Gilroy and AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director; Charles Sakai, Labor Negotiations Counsel B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title Gabriel Gonzalez, City Administrator C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk There were no public comments. The Council adjourned to closed session 1 1 City Clerk