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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. City Council Meeting Minutes 08/6/2018 2 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. City Council Meeting Minutes 08/6/2018 N 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. City Council Meeting Minutes 08/6/2018 S 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. City Council Meeting Minutes 08/6/2018 5 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. City Council Meeting Minutes 08/6/2018 no 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. City Council Meeting Minutes 08/6/2018 7 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 City Council Meeting Minutes 08/6/2018 F -07 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 08/6/2018