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Minutes 2012/01/231 City of Gilroy City Council Meeting Minutes January 23, 2012 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of allegiance. City Clerk Freels announced that the agenda had been posted on January 18, 2012 at 10:50 a. m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day There were no agenda changes. I. OPENING II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented certificates of appreciation to outgoing Commissioners, Board and Committee Members: James Fennel, Nick Apuzzo, Katherine McBride, John Donahoe, Peder Eriksson, Jr., Anna Bielecki, Sherrean Carr, and Jim Gailey, III. PRESENTATIONS TO 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 Suzanne Rodriguez addressed the Council requesting that Council meetings begin at 7 :00 p.m. as it was difficult for people who worked to make 6 :00 p.m. meetings. B. Downtown Merchants Association Annual Presentation to Council Council Member Peter Arellano M.D. joined the meeting at 6:08 p.m. The presentation was given by Amber Madrone, incoming President of the Gilroy Downtown Association. C. Annual Presentation by the Personnel Commission The presentation was given by Barbara DeLorenzo, Chair of the Commission. IV. REPORTS OF COUNCIL MEMBERS There were no reports. City Council Meeting Minutes 1/23/2012 V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were no items presented. VI. CONSENT CALENDAR A. Minutes of January 3. 2012 Regular Meeting B. Notice of Acceptance of Completion Lions Creek Trail Project - Wren to Farrell, Project No. 11 -CDD -181 C. Notice of Acceptance of Completion Lions Creek Trail Project - Kern to Wren, Project No. 11 -CDD -182 D. Proclamations Recognizing Recipients of the 2011 Chamber of Commerce Awards Motion on Consent Calendar Motion: to approve items A, B, C, and D Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. Appeal of the Planning Commission Denial of a Tentative Map to Sub - divide Approximately 1.97 acres into 13 Residential Lots and the Associated Architectural and Site Planned Unit Development (PUD) to Allow the Construction of 13 Single Family Homes, and 12 Accessory Dwelling Units on a Property Zoned R2 (2 Family Residential) Located at 9060 and 9070 Kern Avenue, Gilroy (APN 790 -18 -015 and 790 -18 -017); Applicant PSI Development c/o Joe Burch; AS 10 -06, TM 10 -01 Council Member Leroe -Munoz recused himself from deliberations on the item, stating that he lived within the proximity of the subject site; he then left the dais. The staff report was presented by Planner II Durkin. The public hearing was opened. Suzanne Rodriguez spoke in opposition to the approval of the item stating that the density of the project was an issue of concern. The public hearing was closed. Failed Motion on Item Motion: to Direct Staff to Prepare a Resolution Approving TM 10 -01 with the inclusion of the arborist report, and the staff recommended condition #12 notification Moved by Council Member Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion failed 3 -3 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon No: Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent: Council Member Peter Leroe -Munoz City Council Meeting Minutes 1/23/2012 Council Member's Bracco, Arellano, Woodward and Dillon each disclosed that they had individually spoken with the applicant on the item and no additional information had been provided. Council Member Peter Leroe -Munoz returned to the dais at 8:01 p.m. B. Ordinance of the City Council of the City of Gilroy Modifying the City Zoning Code Section 38 Titled "Landscaping" The staff report was presented by Planner II Durkin. There were no public comments. Motion on Item VIII.B. Motion: to Direct Staff to Prepare an Ordinance Modifying the City Zoning Code Section 38 Titled "Landscaping" Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro C. Public Hearing to Consider Revision and Adjustment of Rates and Charges for Municipal Wastewater Services to be Effective March 1, 2012, and to Hear Protests Thereto The staff report was presented by Finance Director Turner. The public hearing was opened. James Marlowe spoke in opposition to the increase stating that residents would accumulate to a 50% increase in 3 years. He then spoke on needed increases in the City of Morgan Hill as the partnering agency in the wastewater treatment plant. Suzanne Rodriguez spoke in opposition to the proposed wastewater rate increases. Michelle Bocchicchio spoke in opposition to the waste waster increases. The public hearing was closed. Motion on Item VIII.C. Motion: to Adopt Resolution 2012 -05 of the City Council of the City of Gilroy Establishing the City's Wastewater Utilities System Rate Schedule Effective March 1, 2012 Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Al Pinheiro No: Council Member Dion Bracco; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward IX. UNFINISHED BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Regulating Municipal Elections by Repealing Ordinance 2007 -12 in its Entirety, and Replacing it With a New Ordinance Regulating Municipal Elections Setting Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for Candidates and Controlled Committees, and Establishing Additional Campaign Disclosure Requirements and Enforcement Procedures, and Codifying This Ordinance As Chapter 813 to the Gilroy City Code Entitled "Elections Campaign Finance" City Council Meeting Minutes 1/23/2012 N There were no public comments. Motion on Item IX.A. Motion: to the Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Dion Bracco, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Regulating Municipal Elections by Repealing Ordinance 2007 -12 in its Entirety, and Replacing it With a New Ordinance Regulating Municipal Elections Setting Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for Candidates and Controlled Committees, and Establishing Additional Campaign Disclosure Requirements and Enforcement Procedures, and Codifying This Ordinance As Chapter 813 to the Gilroy City Code Entitled "Elections Campaign Finance" Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Bob Dillon; Council Member Perry Woodward The Council adjourned for a break at 8:03 p.m. The Council reconvened at 8:10 p.m. Mayor Pinheiro explained that a member of the public had requested that Item X.D. be heard next. The Council agreed to move on to Item X.D. X. D. Request for the Removal and Replacement of a Tree at 1456 Swallow Lane The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Bill Dameron stated that their concerns with his wife's health threat with allergy to bees, and he then spoke on the 1997 purchase of the home, and inability to chose the species of tree planted in front of their home. There were no further public comments. Motion on Item X.D. Motion: to Follow the Commission recommendation. Moved by Mayor Al Pinheiro, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Council Meeting Minutes 1/23/2012 IX.B. City Truck Route Modification - Removal of Truck Route on Murray Avenue, IOOF Avenue, Forest Street and Lewis Street Council Member Woodward recused himself from deliberations on the item, explaining that he owned a home in the vicinity of the proposed truck route. He then left the Council Chambers. The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item IX. B. Motion: to Adopt Resolution 2012 -06 of the City Council of the City of Gilroy Designating and Describing Truck Traffic Routes Within the City Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco Recused: Council Member Perry Woodward IX. C. Downtown Dancing Task Force Update The staff report was presented by Community Development Director Abrams. Public comment was opened. Diane Cusimano spoke in support of having a vibrant downtown, explaining that dancing was part of the solution, and suggested that the Council direct staff to go forward with the creation of the downtown dancing ordinance. Ron Gurries spoke on dancing and entertainment events stating that he didn't believe the downtown needed to look like half time at the super bowl. Gary Walton stated that the downtown needed to become a destination, explaining that it was a partnership when balancing an entertainment district. Public comment was closed. Motion on Item IX.C. Motion: to Direct to Staff to Prepare an Entertainment Ordinance Consistent with the Downtown Dancing Task Force Recommendations. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro X. INTRODUCTION OF NEW BUSINESS A. An Ordinance of the City Council of the City of Gilroy Imposing Registration and Maintenance Requirements for Ground -floor Windows in Vacant Commercial Space in the Downtown Historic District and the Downtown Expansion District The staff report was presented by Community Development Director Abrams There were no public comments. City Council Meeting Minutes 1/23/2012 Motion on Item X.A. Motion: to Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item X.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Imposing Registration and Maintenance Requirements for Ground -floor Windows in Vacant Commercial Space in the Downtown Historic District and the Downtown Expansion District Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro B. Approval of First Amendment to Agreement with Santa Clara County for the Abatement of Weeds The staff report was presented by Fire Marshal Bretschneider. There were no public comments. Motion on Item X.B. Motion: Approval of First Amendment to Agreement with Santa Clara County for the Abatement of Weeds Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro C. A Resolution of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City to be a Public Nuisance, Describing Weeds Which Constitute Such a Nuisance, and Providing Notice of the Adoption of the Resolution by Publication Thereof The staff report was presented by Fire Marshal Bretschneider. There were no public comments. Motion on Item X.0 Motion: to Adopt a Resolution 2012 -07 of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City to be a Public Nuisance, Describing Weeds Which Constitute Such a Nuisance, and Providing Notice of the Adoption of the Resolution by Publication Thereof Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro E. Request to Join the Bay Area Rapid Enforcement Allied Computer Team (REACT) Task Force City Council Meeting Minutes 1/23/2012 7 The staff report was presented by Police Captain Svardal There were no public comments. Motion on Item X.E. Motion: to Approve a Memorandum of Understanding with the Bay Area Rapid Enforcement Allied Computer Team (REACT) Task Force, and to add a Full -time Police Officer Position to the City Budget, to be Partially Paid Through REACT Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro F. Appointment to the Building Board of Appeals The staff report was presented by City Clerk Freels. There were no public comments. Motion on Item X.F. Motion: to Appoint Jim Gailey to the Building Board of Appeals Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro G. Presentation of Fiscal Year 2010/2011 Audited Financial Statements The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.G. Motion: to Receive the Report Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Administrator Haglund announced the Special Meeting of February 27, 2012 at 6;00 p.m. to address the outcome of the High Speed Rail consultant work, and then announced that he would out of the office the February 1 Sc through the 3rd at a meeting. XII. CITY ATTORNEY'S REPORTS There was no report. City Council Meeting Minutes 1/23/2012 XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to CA. Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.1 1(c) (1): Name of Case: Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs, Settlement representatives; New Cingular Wireless PCS, LLC v. The City of Alameda, California, et al. , Superior Court, County of Los Angeles, Case No. BC462270 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (a) (4) , Name /Title: Thomas Haglund, City Administrator There were no public comments on closed session. The City Attorney explained that Item XIII.A. was a discussion of existing litigation to discuss strategy, which would endanger the case if discussed in open session. Motion to Adjourn to Closed Session on Item XIII.A. Motion: to adjourn to Closed Session on Item XIII.A. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro The Council adjourned to closed session at 9:43 p.m. Motion to continued in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro /1 SHAWNA IRE" , CMC City Clerk \-' City Council Meeting Minutes 1/23/2012