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Minutes 2019/01/071 Citv of Gilrov Citv Council Meetinq Minutes January 7, 2019 SPECIAL MEETING - 5:30 P.M. I. CLOSED SESSION Anticipated Litigation -Significant Exposure to Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (c) (2), One (1) Cases as Defendant Mayor Velasco called the special meeting to order at 5:35 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:29 PM Marie Blankley Council Member Present 5:32 PM Dion Bracco Council Member Present 5:32 PM Peter Leroe-Munoz Council Member Present 5:30 PM Carol Marques Council Member Present 5:27 PM Fred Tovar Council Member Absent 6:29 PM Cat Tucker Council Member Present 5:27 PM There were no public comments and the Council adjourned to closed session at 5:36 p.m. The Council reconvened in open session at 5:45 p.m. INTERVIEWS Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of December 31, 2018 The Council interviewed candidates for Boards, Commissions and Committees. The Council adjourned the special meeting at 5:58 p.m. REGULAR MEETING 6:00 P.M. I. OPENING C. Call to Order The meeting was called to order at 6:06 PM by Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 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 January 2, 2019 at 5:30 p.m. Attendee Name Mayor Roland Velasco Marie Blankley Dion Bracco Peter Leroe-Munoz Carol Marques Fred Tovar Cat Tucker Title Mayor Council Member Council Member Council Member Council Member Council Member Council Member Status Arrived Present _ 6:29 PM Present 5:32 PM Present 5:32 PM Present 5:30 PM Present 5:27 PM Present 6:29 PM Present 5:27 PM City Council Meeting Minutes 01 /7/2019 2 D. Orders of the Day There were no agenda changes. E. Employee Introductions Public Works Director Awoke introduced newly hired employees Engineering Inspector Mark Damey and Maintenance Worker Hector Esparza. Recreation Director De Leon introduced newly promoted Recreation Coordinator Kelly Bourke. Police Captain Espinosa introduced newly hired Records Technician Angelica Rangel, Management Analyst Patricia Vigil, Officer Alex Pruneda, and recently promoted Police Sergeant Kenny Elsworth. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL There were no public comments on items not on the agenda. A. Physically Challenged Board of Appeals Annual Presentation The presentation was given by Chair Martha Johanson. B. Presentation of 2018 City Accomplishments City Administrator Gonzalez presented the video of 2018 accomplishments. IV. REPORTS OF COUNCIL MEMBERS Council Member Tovar congratulated the Bicycle Pedestrian Commission for earning the bronze bike friendly award. Mayor Velasco announced that the URM Task Force meeting had been postponement to the following month. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker A. Minutes of the December 17, 2018 Regular Meeting B. Council Appointment of Members to Serve in Regional Representative Seats and Suggested Appointees to Serve on the Gilroy Economic Development Corporation Board, Gilroy Downtown Business Association Board and Visit Gilroy Board C. Selection of Mayor Pro Tempore D. Proclamation in Recognition of Retiring Employee Daniel Aldridge E. Approval of an Amended Final Map for Tract 10446 With the Filice Family Estate and Tri Pointe Homes, Inc., APN's 808-19-10 and 808-19-024 F. Approval of a Notice of Acceptance of Completion for the Las Animas Park Trail Rehabilitation Project No. 18-PW-247 G. Approval of Notice of Acceptance of Completion for the Christopher High School Aquatic Center Shade Structures Project No. 18-PW-244 VII. BIDS AND PROPOSALS There were none. City Council Meeting Minutes 01 /7/2019 i VIII. PUBLIC HEARINGS A. An Interim Urgency Ordinance of the City Council of the City of Gilroy to be Adopted as an Urgency Measure Prohibiting the Approval of Multi -Family Residential Development Projects in Certain Zones in the City of Gilroy for a Period of Forty -Five (45) Days The staff report was presented by Senior Planner Ketchum. Mayor Velasco spoke on his communications with Al Pinheiro regarding the ordinance. Council Member Blankley reported that she had communicated with local developer James Suner regarding the ordinance. The public hearing was opened. Ron Kirkish spoke on the need for the delay, and need to protect the city from the county with low cost housing. Jan Hochhauser asked about the applicability to non -affordable housing multifamily projects. The public hearing was then closed. Possible Action: Motion to read the ordinance by title only and waive further reading RESULT: APPROVE [6 TO 11 MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Dion Bracco Possible Action: Motion to Adopt an Interim Urgency Ordinance 2019-01 of the City Council of the City of Gilroy to be adopted as an urgency measure prohibiting the approval of multi -family residential development projects in certain zones in the City of Gilroy for a period of forty-five (45) days RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Dion Bracco Possible Action: Direct staff to prepare a study with recommendations to strengthen the City's policies and standards regarding the location, type, density and timing of future multi -family and affordable housing developments. RESULT: APPROVE [6 TO 11 MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Leroe-Munoz, Marques, Tovar, Tucker NAYS: Dion Bracco B. A Zone Change Planned Unit Development and Architectural and Site Review Request for a Proposed 78-Unit Five -Story Mixed -Use Development on a Two -Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (AS 16-19) (Z 17-03) (continued from 11119/2018) The staff report was presented by Senior Planner Wu. City Council Meeting Minutes 01 /7/2019 M Council Member Tucker disclosed that she had spoken with the applicant's representative Perry Woodward. Council Member Blankley disclosed that she had spoken with the applicant's representative Perry Woodward. Council Member Leroe-Munoz disclosed that he had met with the property owner and had spoken with the applicant's representative Perry Woodward. The public hearing was opened. Jan Hochhauser, applicant, spoke on the plaza features describing the decorative aesthetic enhancements to the site. He shared discussions with the community to provide a quality project. Bill O'Connor spoke on the parking needs of the project Ron Kirkish spoke on the plaza at the Alexander Street apartments describing the amenities that would be beneficial at the proposed project. Terry Graham spoke on the need for upkeep of the balcony areas of Alexander Street apartments explaining the concern for the frontage on Monterey Road. The public hearing was then closed. Possible Action: Motion to adopt a mitigated negative declaration and mitigation monitoring and reporting program for the Monterey Mixed -Use Development project, based on findings required by the California Environmental Quality Act (CEQA); and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker Possible Action: Motion to read the ordinance by title only and waive further reading; and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Clerk Freels read the ordinance title. Possible Action: Motion to introduce an ordinance of the City Council of the City of Gilroy approving zone change Z 17-03 a planned unit development for the 78-unit mixed -use Monterey Apartment Development, filed by Jan Hochhauser; and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 01 /7/2019 5 Possible Action: Motion to adopt Resolution 2019-01 of the City Council of the City of Gilroy approving the architectural and site application AS 16-19, a planned unit development architectural and site review for the construction of the 78 unit mixed -use Monterey Apartment Development, filed by Jan Hochhauser. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Approving Zone Change Application Z18-05, a Planned Unit Development Zoning Amendment to Approve the Planned Unit Development Permit for Construction of the First Street and Kelton Drive Commercial Project Filed by Donald Vanni Land Company (Z18-05) (Introduced 12/3/18 with a 6-0-1 vote, Council Member Harney abstaining) The staff report was presented by Deputy Community Development Director O'Strander. There were no public comments. Possible Action: Adopt an ordinance of the City Council of the City of Gilroy approving zone change application Z18-05, a planned unit development zoning amendment to approve the planned unit development permit for construction of the First Street and Kelton Drive commercial project filed by Donald Vanni Land Company. B. Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2018 The staff report was presented by City Clerk Freels. There were no public comments. The Council appointed: Wendy Sue Kissa to the Arts and Culture Commission for a 4-year term, Francois Rothe and Todd Mazza to the Building Board of Appeals for 4-year terms, Patrick Flautt to the Bicycle Pedestrian Commission for a 4-year term, Laraine Spencer and Sally Armendariz to the Community and Neighborhood Revitalization Committee for 4-year terms, Brenda Flores, Manny Singh and Reid Lerner to the Housing Advisory Committee for 2-year terms, Katherine Robinson to the Library Commission for a 4-year term, Diana Sanchez Bentz and Rebecca Scheel to the Open Government Commission for 4-year terms, Leah McCarthy to the Physically Challenged Board of Appeals for a 4- year term, Linda Wieck to the Personnel Commission for a 4-year term, Amanda Rudeen and Peter Fleming to the Planning Commission for 4-year terms, Marcos Gonzalez to the Parks and Recreation Commission for a 4-year term, Michelle Wexler to the Parks and Recreation Commission for a partial 3-year term, Theresa Graham to the Parks and Recreation Commission for a partial 1-year term, and Toby Echelberry as the City Historian. Possible Action: Appoint Members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2018. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker City Council Meeting Minutes 01 /7/2019 I X. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2018 Audit and Comprehensive Annual Financial Report The staff report was presented by Finance Director Forbis. Public comment was opened.. Bill O'Connor spoke on the unfunded liabilities related to pension, asking for a report of the total assets and total liabilities of the city. Public comment was then closed. Possible Action: Receive the Fiscal Year 2018 Audit and Comprehensive Annual Financial Report. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Munoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Munoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez spoke on the planned sessions on budget, beginning at the February 4, 2019 meeting. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. 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 There were no public comments. The Council adjourned to closed session at 9:01 p, hawna Freels, MMC City Clerk City Council Meeting Minutes 01 /7/2019