Minutes 2018/08/061
City of Gilroy
City Council Meeting Minutes
August 6, 2018
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Mayor Velasco.
2. Invocation
The invocation was given by Pastor Malcolm MacPhail of New Hope Community
Church.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
August 1, 2018 at 5:30 p.m.
Attendee Name
Title
Status
Arrived
Mayor Roland Velasco
Mayor
Present
6:00 PM
Marie Blankley
Council Member
Present
5:38 PM
Dion Bracco
Council Member
Present
6:00 PM
Daniel Harney
Mayor Pro Tempore
Present
6:00 PM
Peter Leroe -Munoz
Council Member
Present
6:10 PM
Fred Tovar
Council Member
Present
5:43 PM
Cat Tucker
Council Member
Present
5:52 PM
B. Orders of the Day
Mayor Velasco asked to move item 9B Quality of Life Crime and Homelessness
Plan up the agenda, following the consent calendar.
The Council agreed to move the item.
C. Employee Introductions
There were no employee introductions.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
There were none.
III. PRESENTATIONS TO THE COUNCIL
There were none.
IV. REPORTS OF COUNCIL MEMBERS
There were no reports of Council Members.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco asked if the City Council would consider allowing
outside groups use of Council chambers for public candidate forums.
Mayor Velasco suggested that he discuss the request with the City Administrator
and City Attorney and he would then let the Council know the outcome of the
discussion.
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VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Tovar, Tucker
A. Minutes of the July 2, 2018 Regular City Council Meeting
B. Proclamation Honoring Bill Spendlove
C. Proclamation Recognizing the 30th Anniversary With Sister City Takko
Machi, Japan
D. Response to the Santa Clara County Civil Grand Jury Report "Police and
the Mentally III: Improving Outcomes"
E. Claim of Alfredo Zepeda (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Fernando Zepeda (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
G. Claim of Maria Elena Alvarez (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
H. Adoption Resolution 2018 -28 of the Santa Clara County Operational Area
Hazard Mitigation Plan Update Including all of Volume 1 and the City of
Gilroy Portion of Volume 2 of the 2017 Santa Clara County Operational Area
Hazard Mitigation Plan Update
I. Right of Way Agreement with Mobilitie, LLC for Use of Two Street Lights in
the Right -of -Way for Installation of Small Cell Wireless
Telecommunications Equipment (M18 -11)
J. Approval of an Agreement with Santa Clara County Library in the Amount
of $160,000 for a Library Shade Structure Project
K. Approval of the Second Operating Memorandum to the Development
Agreement with Glen Loma Ranch
IX.B. Quality of Life Crime and Homelessness Plan
The staff report was presented by Police Chief Smithee.
Public comment was opened.
Ron Kirkish spoke on the need to focus on the impacts of homeless on the
residents of the community explaining that the statistical data showed Gilroy as a
high percent of homeless to population.
Beverley Pierce spoke on the need for more assistance for the children of the
homeless.
Public comment was then closed.
Possible Action:
Receive Report and Provide Direction
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Public Hearing to Consider the Report of Abatement of Weeds and Refuse
Within the City of Gilroy and Confirming the Imposition of Assessment
Liens Against the Land
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
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Jim Hoey spoke on the fires throughout the state in urban areas detailing his
concerns with the weed abatement process and need to maintain properties
throughout the summer months.
The public hearing was then closed.
Possible Action:
Motion to continue the item to the August 20, 2018 regular meeting.
RESULT: APPROVE [UNANIMOUS]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
B. Zone Change, Tentative Map and Architectural and Site Approval of a
Planned Unit Development for a Property of Approximately 22.44 Acres
Commonly Known as the Hecker Pass North Cluster Subdivision of the
Hecker Pass Specific Plan, Located North of Hecker Pass Highway and
East of the Gilroy Municipal Golf Course, APN 783 -04 -023 for a 72 Single -
family Residential Lot Subdivision With Four "zipper lot" Home Plans and
Seven Single- family Home Plans; Applicant Hecker Pass North, LLC c/o
Skip Spiering (Z 18 -01) (TM 18 -01) (AS 18 -03)
The staff report was introduced by Community Development Director Abrams.
The public hearing was opened.
Skip Spiering, applicant, spoke on the proposal describing the large open space
component of the project and variety of design models.
Don DeLorenzo of the Gilroy Municipal Golf Course spoke in support of the
project, highlighting the easily achieved mitigations to impacts at the golf course
and ease of working with the applicant.
Susan Mister spoke on the adjacency of the project to the scenic highway into
Gilroy stating that the development would negatively change the look of Hecker
Pass.
The public hearing was then closed.
Possible Action:
Motion to accept an addendum to the Hecker Pass Specific Plan EIR
prepared for the project, based on findings required by the California
Environmental Quality Act (CEQA)
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe- Munoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
Possible Action:
Motion to read the ordinance by title only and waive further reading; and
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe- Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
City Clerk Freels read the ordinance title.
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Possible Action:
Introduction of an ordinance of the City Council of the City of Gilroy
approving zoning application Z 18 -01 for a property located within the
Hecker Pass north residential cluster area to allow for a Planned Unit
Development zoning amendment, filed by Hecker Pass North LLC, c/o Skip
Spiering (APN 783 -04 -023); and
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe - Munoz, Council Member
SECONDER: Marie Blankley, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
Adoption of a resolution 2018 -29 of the City Council of the City of Gilroy
approving Tentative Map application TM 18 -01 a subdivision to allow 72
single - family residential lots in the Hecker Pass north residential cluster,
filed by Hecker Pass North, LLC, c/o Skip Spiering (APN 783 -04 -023)
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe- Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
Possible Action:
Adoption of a resolution 2018 -30 of the City Council of the City of Gilroy
approving Architectural and Site Review AS 18 -03, a planned unit
development architectural and site review to allow for the construction of
the 72 single - family residential unit Hecker Pass North Residential Cluster
Project, filed by Hecker Pass North LLC, c/o Skip Spiering (APN 783 -04-
023), with an added condition that disclosure to future homeowners be
made that there are no bus services provided by the Gilroy Unified School
District.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe- Munoz, Council Member
SECONDER: Marie Blankley, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar,
Tucker
C. Tentative Map Approval and Architectural and Site Review Request for a
Proposed 9 -lot Single Family Residential Subdivision on a Portion of APN
810 -20 -020, a 2.23 -acre Property Located Northeast of Third Street, West of
the Heartland Subdivision and South of Syngenta Flowers, Inc. Within the
Hecker Pass Specific Plan Area, Applicant Meritage Homes c/o Mark
Currington (TM 17 -02) (AS 17 -24)
The staff report was presented by EMC Planner Stuart Poulter.
The public hearing was opened; there being none, it was then closed.
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Possible Action:
Adoption of a resolution 2018 -31 of the City Council of the City of Gilroy
approving Tentative Map TM 17 -02 Heartland Triangle residential project
creating 9 Single- family residential lots with 0.42 acres of city -owned
landscaped areas and 0.34 acres of public streets, located within the
Hecker Pass Specific Plan, northeast of Third Street, West of the Heartland
subdivision and South of Syngenta Flowers, Inc., on a Portion of APN 810-
20 -029, filed by Meritage Homes; and
RESULT:
APPROVE [5 TO 21
MOVER:
Cat Tucker, Council Member
SECONDER:
Dion Bracco, Council Member
AYES:
Velasco, Blankley, Bracco, Leroe- Munoz, Tucker
NAYS:
Daniel Harney; Fred Tovar
Possible Action:
Adoption of a resolution 2018 -32 of the City Council of the City of Gilroy
approving Architectural and Site Review application AS 17 -14 to allow for
the construction of a 9 -unit residential Heartland Triangle project located
within the Hecker Pass Specific Plan, northeast of Third Street, West of the
Heartland subdivision and south of Syngenta Flowers, Inc. on a portion of
APN 810 -20 -020, filed by Meritage Homes
RESULT: APPROVE [5 TO 2]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe - Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Leroe- Munoz, Tucker
NAYS: Daniel Harney, Fred Tovar
D. Consideration of Specific Plan Zoning Amendments to the Hecker Pass
Specific Plan for Properties Located on Hecker Pass Highway/ State Route
152 Frontage at the Intersection with Third Street (APN's 783 -04 -021 to 023;
810 -20 -005 to 030; 810 -21 -011 to -025; 810 -65 -007 to -023; 810 -83 -001 to -
117; 810 -84 -001 to -071; 810 -85 -001 to -034; 810 -86 -001 to -097), to: Change
the Planned Hecker Pass Highway and Third Street Intersection from a
Standard Intersection to a Roundabout; add a Class I Bike Path on Private
Property South of Hecker Pass Highway; Change the Specific Plan
Language Related to Fencing Within the Hecker Pass Highway 115 -foot
Setback Corridor and Other Fencing Restriction Modifications in the
Specific Plan; to Eliminate Two Specific Plan EIR Transportation- related
Mitigation Measures, and Various Minor Text Modifications to the Hecker
Pass Specific Plan; Applicant Meritage Homes (Z 16 -02)
The staff report was presented by EMC Planner Stuart Poulter.
The public hearing was opened.
Jim Hoey spoke in support of the amendments to the Specific Plan, and
described issues with the easement for the trail that needed to be addressed by
the property owners. He then asked how the process would work as he was
concerned about his liability as one of the property owners.
Applicant Mark Currington of Meritage Homes explained that the easement
would be crafted after the specific plan amendments were approved.
Connie Rogers spoke on the access onto Highway 152 asking if the existing
property owners would be allowed access.
Susan Mister asked the Council to consider the roundabout suggesting that
commercial vehicles, RV's, and vehicles with trailers would have difficulty
traversing it.
The public hearing was then closed.
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Possible Action:
Adoption of a resolution 2018 -33 of the City Council of the City of Gilroy to
adopt the mitigated negative declaration and mitigation monitoring and
reporting program prepared for zoning amendment application Z 16 -02 to
amend the Hecker Pass Specific Plan, filed, by Meritage Homes, c/o Mark
Currington;
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe - Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
Possible Action:
Adoption of a resolution 2018 -34 of the City Council of the City of Gilroy to
approve zoning amendment application Z 16 -02 and adopt the mitigation
monitoring and reporting program to amend the Hecker Pass Specific Plan
to change the planned Hecker Pass Highway and Third Street intersection
from a standard intersection to a roundabout; add a class I bike path south
of Hecker Pass Highway (State Route 152); amend specific plan language
related to fencing within the Hecker Pass Highway setback corridor, as well
as other fencing restriction modifications in the specific plan; and
elimination /modification of two specific plan EIR transportation- related
mitigation measures, application filed by Meritage Homes c/o Mark
Currington.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe- Munoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
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
(Ordinance introduced 6118/18 with a 6 -0 -1 vote, Council Member Tucker
absent; continued from 7/2/2018)
The item was presented by Community Development Director Abrams.
Public comment was opened.
John Taft spoke on recent downtown ground floor business closures and
suggested that an administrative use permit process be put in place to streamline
quick occupancy, and increase economic development.
Gary Walton spoke on the larger spaces in the downtown which could be utilized
by multiple tenants and suggested that the downtown specific plan address the
changes to the realities of the market today, as retailers were leaving the
downtown.
Public comment was then closed.
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X.
/_!
Possible Action:
a) Motion to adopt Ordinance 2018 -09 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; and,
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe- Munoz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe - Munoz, Tovar,
Tucker
Possible Action:
a) Motion to adopt a Resolution 2018 -35 of the City Council of the City of
Gilroy amending the Downtown Specific Plan in connection with an
Ordinance amending Section 30.19.10 (c)(2) of the Gilroy City Code to
allow Ground -Floor Offices in the area north of Fourth Street and South
of Sixth Street within the Downtown Historic District without a
Conditional Use Permit for two years, and to simplify the Specific Plan
such that land uses will be specified in the Zoning Code, not separately
in the Specific Plan.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Daniel Harney, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
INTRODUCTION OF NEW BUSINESS
Gilroy Police Officers Association Memorandum of Understanding and
Salary Schedules for the period July 1, 2018 through June 30, 2022
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
Possible Action:
a) Approve the Memorandum of Understanding between the City and
Gilroy Police Officers Association for the period July 1, 2018 - June 30,
2022; and,
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
Possible Action:
a) Adopt a Resolution 2018 -36 of the City Council of the City of Gilroy
approving the July 1, 2018, July 1, 2019, July 1, 2020 and July 1, 2021
salary schedules associated with the Gilroy Police Officers Association
Memorandum of Understanding
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Daniel Harney, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
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XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez reminded the Council of the economic development
study session on August 13th. He then spoke on a report that would be coming
to Council and explained he would be incorporating the use table for the
downtown uses.
XII. CITY ATTORNEY'S REPORTS
There was no report.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION;
Significant Exposure to Litigation Pursuant to Paragraph (1) of Sub. (d) of
Government Code Section 54956.9 and Gilroy City Code 17A.11 (3) (a); 1
case as defendant; Christopher Salcido, Andora Salcido, individually for
themselves; Christopher Salcido as Guardian ad Litem for Natalia Salcido,
a minor; Case Filed: 8/26/2015; Case No. 115CV284875; Superior Court of
Santa Clara County
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, 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
C. 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 (Annual Review)
There were no public comments.
City Attorney Faber advised the City Council that they were entering into closed
session on Item XIII.A. as discussion in open session would unavoidably expose
the city's position in the case.
ADJOURNMENT
Motion to adjourn to closed session.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar,
Tucker
The Council adjourned to closed session at 10:10 p.m.
Shawna Freels, MMC
City Clerk
City Council Meeting Minutes
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