Minutes 2018/07/02il
City of Gilroy
City Council Meeting Minutes
July 2, 2018
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A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Council Member Leroe- Munoz.
2. Invocation
There was no invocation provided.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on June
27, 2018 at 5:15 p.m., and the revised agenda was posted on June 28, 2018 at
4:20 p.m.
Attendee Name
Title
Status
Arrived
Mayor Roland Velasco
Mayor
Present
6:00 PM
Marie Blankley
Council Member
Present
5:57 PM
Dion Bracco
Council Member
Present
6:00 PM
Daniel Harney
Mayor Pro Tempore
Present
5:55 PM
Peter Leroe -Munoz
Council Member
Present
6:00 PM
Fred Tovar
Council Member
Present
5:57 PM
Cat Tucker
Council Member
Present
5:42 PM
B. Orders of the Day
Mayor Velasco recommended moving Item 10A (Community Facilities District
Special Tax Bonds Refinancing) following the Consent Calendar (section 6), and
Items 8A and 8B (Bids and Proposals) following Item 10A, and Item 7B (General
Plan Amendment 17 -01) prior to 7A (Architectural and Site approval for Hecker
Pass Commercial AS 17 -02).
The Council agreed to the re- alignment of agenda items.
C. Employee Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Naming July Smart Irrigation Month
Mayor Velasco presented the proclamation.
III. PRESENTATIONS TO THE COUNCIL
Jan Bernstien Chargin spoke on the recent creek clean up event explaining that
the personal items of the homeless had been collected, but had not been stored,
and the homeless were unable to retrieve their personal property.
Public comment was then closed.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Marie Blankley announced the Sister Cities dinner being held on
July 26th, and planned celebration of the 30th anniversary of the Sister City
relationship with Takko Machi, Japan.
Council Member Leroe Munoz spoke on the scheduled quarterly Mobility
Partnership meeting and goals of the Highway 101 /Highway 25 realignment.
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Mayor Velasco announced his conversation with the Coffee event being held on
July 14 at 9:30 a.m. an announced he would have a representative from the Fire
Department as guest speaker. He then spoke on the planned Council election
candidate class he and City Clerk Freels would be holding.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco asked to agendize an item on motor home parking in the
City, asking that the item be agendized when the homelessness update report
was presented.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe- Munoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar, Tucker
A. Minutes of the June 18, 2018 Regular City Council Meeting
B. Approval of Notice of Acceptance of Hecker Pass West Cluster Tract 10279
Improvement
C. Reduction of the Faithful Performance and Payment Security Bonds for
Back -Bone Improvements, Property Improvement Agreement No. 2014 -01,
Hecker Pass East Cluster Tract 10220
D. A Resolution 2018 -23 to Set the Tax Rate for Fiscal Year 2018 -19 for the
Gilroy Community Library Project Bonds
E. Claim of David Galvan (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of National General Insurance ASO Cesar Mendez (The City
Administrator recommends a "yes" vote under the Consent Calendar shall
constitute the denial of the claim)
G. Claims of Lauren Alcarez, Kyle Flynn, and Patrick Flynn (The City
Administrator recommends a "yes" vote under the Consent Calendar shall
constitute the denial of the claim)
H. Letter of Support for the Public Health Department's Active Transportation
Program Cycle 4 Grant Application
I. Appointment of Fred Tovar as the City Council Voting Delegate for the
League of California Cities Annual Conference September 12 - 14, 2018
X. INTRODUCTION OF NEW BUSINESS
A. Refinancing 2002 and 2006 Special Tax Bonds for Gilroy Community
Facilities District No. 2000 -1 (Highway 152 CFD)
The staff report was presented by Budget Manager Atkins.
There were no public comments.
Possible Action:
Adopt resolution 2018 -24 of the City Council of the City of Gilroy, acting as the
legislative body of the City of Gilroy Community Facilities District No. 2000 -1
(Highway 152), authorizing the issuance of its special tax refunding bonds,
series 2018, in a principal aggregate amount not to exceed nine million dollars
($9,000,000), approving a debt policy, and approving certain documents and
taking certain other actions in connection therewith.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
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VIII. BIDS AND PROPOSALS
A. CSG Contract Amendment No. 4 for Engineering /Inspection Services
The staff report was presented by Public Works Director Awoke.
There were no public comments.
Possible Action:
Approve an amendment to the agreement with CSG Consultants in the
amount of $482,000 for engineering plan review, construction inspection,
and transportation and capital project implementation support services.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Peter Leroe- Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
B. Regional Government Services Authority (RGS) Third Contract Amendment
in the Amount of $98,750
The staff report was presented by Community Development Director Abrams.
There were no public comments.
Possible Action:
Approval of the third amendment to the agreement with RGS in the amount
of $98,750 to provide staff augmentation for Planning and Housing and
Community Development projects.
RESULT:
APPROVE [UNANIMOUS]
MOVER:
Cat Tucker, Council Member
SECONDER:
Fred Tovar, Council Member
AYES:
Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
B. General Plan Amendment Request to Convert a Planned Through Collector
Street into a Cul -de -sac at Silacci Way, Between Cameron Boulevard and
Venture Way, APN's 841 -17 -107 and 841 -17 -108), Application Filed by
Joseph McCarthy c/o McCarthy Gilroy LLC(GPA 17 -01)
The staff report was presented by Community Development Director Abrams.
The public hearing was opened; there being no comments it was then closed.
Possible Action:
Adoption of a resolution 2018 -25 of the City Council of the City of Gilroy
approving General Plan Map Amendment application GPA 17 -01 to amend
the City's General Plan Circulation Plan Map to convert Silacci Way from a
planned cut - through collector street into a cul -de -sac.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
VII. PUBLIC HEARINGS
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A. Architectural and Site Review Request for a Property Located at 2740
Hecker Pass Road (Hecker Pass Highway/ State Route 152) APN 810 -20-
006, for a Proposed "Agri- tourist Commercial" Development of Three
Buildings for Proposed Uses as a Winery Building and Two Mixed Use
Buildings with Restaurant/Retail on the Ground Floor, and 22 One - bedroom
and Two - bedroom "Live/Work" Units on the Second Floor. Proposed
Commercial Uses Total 32,758 Square Feet and are Anticipated to Consist
of a Wine Tasting Room, Wine Warehouse and an Outdoor Crush Area, a
Small Retail Store and Several Eateries, and a Deli and Wine Store;
Applicant Hecker Pass Commercial, LLC, c/o Skip Spiering (AS 17 -02)
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
Applicant Skip Spiering spoke on the benefits of the project to the community,
highlighting the fulfillment of the Hecker Pass Specific Plan objectives in the
design and use of the buildings.
Phil Laursen spoke on an improved commercial activity at the project site
suggesting that examples from other communities be used to create an
enhanced agricultural tourism venue.
Zachary Hilton described the project's possibilities sharing his support of the
proposal. He outlined the Bicycle Pedestrian Commission review of the proposal
and their support of the safe routes to school benefits of the project.
Carol Marques of Gilroy Growing Smarter shared the organization's concerns
with the size of the proposal, lack of a policy on live work development, the
impacts to the view shed of the area, asking that a scaled down agricultural
tourism proposal be presented.
Mark Turner explained that the Gilroy Chamber of Commerce was in support of
the project as it was a smart growth project that fit well into the specific plan area,
and would provide more tourism and jobs to the community.
Tammy Brownlow of the Gilroy Economic Development Corporation shared the
benefits of the project as meeting the vision of the Hecker Pass specific plan.
She shared the support of the livable community and promotion of walking and
bicycling and alignment with the agricultural commercial elements of the plan.
Tim Nevin spoke in support of the development explaining that it was well design
and met the objectives of the Hecker Pass specific plan.
Jim Hoey explained that he had not been contacted by the applicant regarding
access through his adjacent property until recently, and then described a
clustered housing project with larger view quarters that he had submitted to the
City which had been too difficult to accomplish due to the size of the proposal.
Michael Bohlig spoke on the length of time the specific plan had been in
development suggesting that input from the newer community members who
hadn't earlier been a part of the process also be considered, and he then asked
what the long term costs the development would be to the city.
Kurt Michielssen of the Gilroy Economic Development Corporation spoke in
support of the proposal describing the benefits to the community including jobs,
and
Lori Parshall shared her concerns with the live work units at the site and access
into the area. She explained that her family property was across the street and
they had not been approached by the applicant regarding the proposal and she
believed the residential units were taking away from the rural aspect of the
corridor.
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Rob Onetto of the firm that prepared the specific plan RJA, described the delays
with the specific plan to create larger residential clusters and reduced agri- tourist
commercial areas to create lager agricultural areas. He went on to describe the
inspiration for the plan as a livable community, explaining that the site would be a
place making element of the City.
George Somorjai explained that he believed that there should be a more
informed opportunity for the public to provide comment stating that he was not in
the support of the project and parking area, as he had concerns with the site not
being occupied and falling into derelict condition.
Marika Somorjai shared her opposition of the proposal explaining that the project
did not fit the area or the specific plan, and would create noise.
Carlos Alvarez explained that the buildings would block the views and vista of
Hecker Pass and the commercial spaces would likely remain vacant, which
would cause for vagrancy.
Mark Cisneros stated that the roads in the area were narrow as were the bike
lanes suggesting that a different entryway into the development be considered.
Tony Cisneros spoke on the number of families on Lone Oak Way describing the
impact of the project on the quality of life in the existing neighborhood.
Garrett Bennett shared his concerns with the traffic that would be created and
went on to explain that his family recently moved to the area and hadn't been
informed of the proposal.
Alexa Bennett explained that she didn't believe the project met the vision of the
city and would impact her family's quality of life.
Makenzie Bennett spoke in opposition of the proposal stating that it would cause
safety concerns.
Meghan Bennett explained that her family had recently moved to the area from
San Jose and they were concerned with increased traffic.
Georgia Garfink spoke on the traffic impacts in the Lone Oak neighborhood
asking that the access be moved to another location.
Barbara Ordons stated that her family had moved to Gilroy because of the
beauty of Hecker Pass describing the need to protect the area as the project did
not meet the objectives of the specific plan.
Ron Kirkish described the process of approvals the applicant had gone through
explaining that the proposal met the guidelines of the Hecker Pass Specific Plan
and fit well in the area.
Elaine Phillips shared her concerns with traffic in the area and view impacts due
to the parking lot.
Chris Vanni stated he was a prior property owner and had sat on the Hecker
Pass Specific Plan committee 25 years prior, explaining that the project was in
compliance with the plan and was a good fit for the area.
Jane Howard of the Gilroy Welcome Center shared her support of the project
describing the tremendous benefits of the agricultural tourism for Gilroy
Rosie Sanborn described the project she envisioned for the area sharing her
opposition to the proposal as it would negatively impact the Lone Oak area due
to the traffic.
Carolyn Tognetti provided a handout of photos of agricultural tourism
developments and stated the proposal did not meet the intent of the Hecker Pass
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specific plan and needed to be scaled down. She detailed her experiences in the
agricultural commercial and tourism industry in Gilroy and suggested that the
project would be a better fit on First or Monterey Streets.
Maria Alvarez explained that she had moved to the west side of Gilroy because
of the trails and rural beauty and she didn't want the rural beauty affected by the
development.
Kathy Johnstone shared her concerns with the proposal traffic suggesting a
frontage road to access the buildings.
Steve Johnstone described the Planning Commissions split decision on the
proposal asking the Council to consider issues with safety and access on the
narrow roadway.
Debbie Hoey, adjacent property owner, shared her support of the proposal and
spoke on the need to keep the rural feel of the Hecker Pass area describing the
need for newer home owners in the area to adapt, just as she had when the
housing on Lone Oak in the Heartland area was developed.
Susan Mister described the negative visual impacts from Hecker Pass including
the large parking and solar areas that would impact the scenic area, and
unknown of the commercial businesses that would occupy the buildings . She
spoke on the traffic impacts on Burchell Road from the development of Heartland
and described potential issues with the roundabout proposed in the area.
Jane Alcot asked what financial contribution the homeowners in the Heartland
area had invested to be in the area.
Joan Lewis explained that she had been on the Planning Commission and
Hecker Pass Specific Plan Committee when it was developed. She suggested
that one bedroom units be considered with a less flat look of the buildings, and
suggested that all of the businesses be agricultural based.
The public hearing was then closed.
Possible Action:
a) Adoption of Resolution 2018 -26 of the City Council of the City of
Gilroy adopting the mitigated negative declaration (MND) prepared for the
project based on findings required by the California Environmental Quality
Act (CEQA); and
RESULT: APPROVE [5 TO 2]
MOVER: Marie Blankley, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Marie Blankley, Daniel Harney, Peter Leroe - Munoz, Fred Tovar,
Cat Tucker
NAYS: Mayor Roland Velasco, Dion Bracco
b) Adoption of a Resolution 2018 -27 of the City Council of the City of
Gilroy approving the Architectural and Site Review application AS 17 -02,
subject to the recommended findings and conditions, and adopt the
mitigation monitoring and reporting program prepared to ensure
compliance with mitigation measures identified in the Mitigated Negative
Declaration.
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RESULT: APPROVE [4 TO 3]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe - Munoz, Council Member
AYES: Daniel Harney, Peter Leroe- Munoz, Fred Tovar, Cat Tucker
NAYS: Marie Blankley, Mayor Roland Velasco, Dion Bracco
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance Amending Section 30.19.10(c)(2) of Chapter 30 of
the Gilroy City Code and Adoption of a Resolution Amending the
Downtown Specific Plan to allow Ground -Floor Offices Along Monterey
Road, North of 4th Street and South of 6th Street, Within the Downtown
Historic District Without a Conditional Use Permit for a Period of Two Years
(Introduced 6/18118 with a 6 -0 -1 vote, Council Member Tucker absent)
Possible Action:
a) Motion to continue to the August 6, 2018 meeting the adoption of an
Ordinance of the City Council of the City of Gilroy amending Section
30.19.10(c)(2) of Chapter 30 of the Gilroy City Code and the Downtown
Specific Plan to allow Ground -Floor Offices Along Monterey Road, North
of 4th Street and South of 6th Street, Within the Downtown Historic
District Without a Conditional Use Permit for a Period of Two Years.
RESULT: APPROVE [6 TO 0]
MOVER: Marie Blankley, Council Member
SECONDER: Peter Leroe- Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe- Munoz, Tovar, Tucker
AWAY: Daniel Harney
B. Approval of an Agreement with Santa Clara County Library in the Amount
of $160,000 of the City's Community Library Bonds for a Library Shade
Structure Project
Possible Action:
Approve an Agreement with the Santa Clara County Library District for
$160,000 of the City's Community Library Bonds for the construction of a
shade structure at the Gilroy Library; and authorize the City Administrator
to execute the agreement.
The item was not heard.
C. Council Consideration of Not Proceeding with a Potential 2018 Revenue
Measure and Proceed with Community -wide Polling
Possible Action:
Direct staff to proceed with a community -wide poll for purposes of
assessing City services and identifying community priorities, but not for
the purpose of placing a revenue measure in the November 2018 election;
community poll to be conducted by EMC Research in the amount of
$25,000.
The item was not heard.
XI. CITY ADMINISTRATOR'S REPORTS
There was none.
XII. CITY ATTORNEY'S REPORTS
There was none.
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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: Gabriel Gonzalez, City
Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s)
Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandum of Understanding: MOU between the City of Gilroy and the
Gilroy Fire Fighters
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: Gabriel
Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated
Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandums of Understanding: MOU Between City of Gilroy & Gilroy
Police Officers
There were no public comments.
The Council adjourned to closed session at 10:50 p.m.
Shawna Freels, MMC
City Clerk
City Council Meeting Minutes
07/2/2018