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City Council
MAYOR
Marie Blankley
Agenda
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
CITY COUNCIL - REGULAR MEETING 6:00 PM
MONDAY AUGUST 6, 2018
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tover
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KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT
ORDINANCE
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a
virtual meeting at any time and possibly on short notice. Please check the City of Gilroy
website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting
information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS
TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations,
including but not limited to time restrictions for each individual speaker. Please limit your
comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor ’s
discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351
Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m.
on the day of a Council meeting will be distributed to the City Council prior to or at the
meeting and available for public inspection with the agenda packet located in the lobby of
Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence
received will be incorporated into the meeting record. Items received after the 1 p.m.
deadline will be provided to the City Council as soon as practicable. Written comments are
also available on the City’s Public Records Portal at bit.ly/3NuS1IN.
In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will
make reasonable arrangements to ensure accessibility to this meeting. If you need special
assistance to participate in this meeting, please contact the City Clerk a minimum of 72
hours prior to the meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may
be limited to raising only those issues you or someone else raised at the public hearing held
at this meeting, or in written correspondence delivered to the City Council at, or prior to, the
public hearing. Please take notice that the time within which to seek judicial review of any
final administrative determination reached at this meeting is governed by Section 1094.6 of
the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the
City on the advice of its legal counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of
the agenda packet are available with the agenda packet on the City website at
www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.
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Government's duty is to serve the public, reaching its decisions in full view
of the public. Commissions, task forces, councils and other agencies of the
City exist to conduct the people's business. This ordinance assures that
deliberations are conducted before the people and that City operations are
open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE
ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT
THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204
If you need assistance with translation and would like to speak during
public comment, please contact the City Clerk a minimum of 72 hours prior
to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at
cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese
con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe
un correo electrónico a la Oficina del Secretario de la Ciudad a cityclerk@cityofgilroy.org.
To access written translation during the meeting, please scan the QR Code or
click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR
o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el disposi vo.
The agenda for this City Council - Regular Meeting is as follows:
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I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations - NONE
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 (This
portion of the meeting is reserved for persons desiring to address the Council on matters not
on this agenda. The law does not permit Council action or extended discussion of any item
not on the agenda except under special circumstances. If Council action is requested, the
Council may place the matter on a future agenda. Written material provided by public
members for Council agenda item “public comment by Members of the Public on items not
on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may
be provided electronically.)
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco –Santa Clara Co. Library JPA, SCRWA Board, Street Naming
Committee, SC Valley Joint Water Resources Committee, URM Task Force
Council Member Tucker – Caltrain Citizen's Advisory Committee, Gilroy Welcome Center,
General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing and
Implementation Boards, Recycling and Waste Commission
Council Member Blankley - Gilroy Sister Cities Association, HSR Sub-Committee, SC Valley
Joint Water Resources Committee, SCRWA Board, South County United for Health, Street
Naming Committee
Mayor Pro Tempore Harney – Gilroy Downtown Business Association, Gilroy Gardens Board,
Santa Clara Valley Habitat Agency Governing and Implementation Boards, Santa Clara
Valley Clean Energy Authority, VTA Board (Alternate), VTA Policy Advisory Committee
Council Member Tovar – Santa Clara Co. Expressway Plan Advisory Board, SCRWA Board,
Street Naming Committee, VTA Committee for Transit Accessibility
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Council Member Leroe-Muñoz - ABAG, Economic Development Corporation Board, Cities
Association of Santa Clara Co. Board, HSR Station Area Planning Advisory Committee &
HSR Sub-Committee, Santa Clara Valley Water Dist. Water Comm., Silicon Valley Regional
Interoperability Authority (SVRIA), VTA Mobility Partnership
Mayor Velasco – Gilroy Youth Task Force, Economic Development Corporation Board,
General Plan Advisory Committee, Historic Heritage Committee, South County Youth Task
Force Policy Team, South County Joint Planning Advisory Committee , VTA South County
City Group, URM Task Force
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be
routine and will be enacted by one motion. There will be no separate discussion of these
items unless a request is made by a member of the City Council or a member of the public.
Any person desiring to speak on any item on the consent calendar should ask to have that
item removed from the consent calendar prior to the time the Council votes to approve. If
removed, the item will be discussed in the order in which it appears.
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 Ill:
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 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
VII. BIDS AND PROPOSALS - NONE
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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
1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
Adoption of a resolution 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; and Adoption of a
resolution 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.
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
SinglefamilyResidential 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)
1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
Adoption of a resolution 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; and Adoption of a
resolution 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
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elimination/modification of two specific plan EIR transportation-related mitigation
measures, application filed by Meritage Homes c/o Mark Currington.
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)
1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
Adoption of a resolution 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; and Adoption of a
resolution 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.
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
Intersectionwith 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)
1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
Adoption of a resolution of the City Council of the City of Gilroy to adopt the
mitigated negative declaration and mitigation monitoring and reporting program
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prepared for zoning amendment application Z 16-02 to amend the Hecker Pass
Specific Plan, filed by Meritage Homes, c/o Mark Currington; and Adoption of a
resolution 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.
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 6/18/18 with a 6-0-1 vote, Council Member Tucker absent;
continued from 7/2/2018)
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. 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,
b) Adopt a Resolution 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
B. Quality of Life Crime and Homelessness Plan
1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. 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,
b) Adopt a Resolution 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
X. INTRODUCTION OF NEW BUSINESS
A. Gilroy Police Officers Association Memorandum of Understanding and Salary Schedules
for the period July 1, 2018 through June 30, 2022
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1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager
2. Public Comment
3. 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,
b) Adopt a Resolution 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
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
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)
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