Loading...
Minutes 2012/12/10City of Gilroy City Council Rescheduled Meeting Minutes December 10, 2012 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:02 p.m. and led the pledge of allegiance. The Invocation was given by Pastor Mark Turner of South Valley Community Church. City Clerk Shawna Freels reported that the agenda had been posted on December 5, 2012 at 6:00 p.m. Roll Call Present: Council Member Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Mayor Gage moved Item III.A, public comment on items not on the agenda up the agenda prior to the board, commission and committee interviews. C. Introductions There were no new employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were no ceremonial items. 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 There were no public comments. Interviews for Boards, Commissions and Committees With Terms Expiring 12/31/12 The Council held interviews for the various boards and commissions. Council Member Peter Arellano M.D. joined the meeting at 6:20 p.m. IV. REPORTS OF COUNCIL MEMBERS There were no reports. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. City Council Rescheduled Meeting Minutes 12/10/12 2 VI. CONSENT CALENDAR A. Minutes of November 19, 2012 Regular Meeting B. Claim of Debbie Martini C. Claim of Marie Munoz Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Amendment to the 2012 Community Development Block Grant (CDBG) Program for the Mexican American Community Services Agency (MACSA) Summer Day Camp Annual Action Plan Listing, Adding an After School Program The staff report was presented by Housing and Community Development Manager Roaf. The public hearing was opened. Oscar Rojas spoke in support of the after school programs sharing their positive impact on his success in school. Alexander Olmos spoke in support of the funding for the after school program. Refugio Gomez spoke in support of the after school program, sharing the positive impacts on his family and the families of the children who attended the program, and asked for the continued funding. Nathaniel Hernandez shared the positive impacts the MACSA after school program had on his academic success. Maria Morales spoke in support of the funding for the MACSA after school program. Laura Maldonado spoke in support of the funding for the MACSA after school programs. Christina Soto of MACSA, sharing the positive impacts the program had on the children who attended the program, asking for continued funding. Cheryl Huguenor spoke in support of the continued funding for the program. — The public hearing was closed. Motion on Item VIII.A. Motion: to Approve an Amendment to the 2012 CDBG Program Listing Adding an After School Program Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. City Council Rescheduled Meeting Minutes 12/10/12 Yes: Council Member Aulman; Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage B. Consideration of the Adjustment of Charges for Storm, Water, Sewer and Traffic Impact Fees in the City of Gilroy The staff report was presented by City Engineer Smelser. The public hearing was opened; there being no comments, the hearing was closed. Motion on Item VIII.B. Motion: approve Motion to Adopt a Resolution 2012 -53 of the City Council of the City of Gilroy Decreasing the Storm, Water, Sewer and Traffic Impact Fees in the City Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage IX. UNFINISHED BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving the Reinstatement of 178 Residential Development Units (RDOs) Awarded Pursuant to the Residential Development Ordinance Performance Agreement for RD 06 -02, Approving the Reinstatement of 35 Units Awarded Pursuant to AHE 07 -01, and Approving Revised Build -out Schedules for the Oak Creek Project There were no public comments. Motion on Item IX.A Motion: to Adopt a Resolution 2012 -54 of the City Council of the City of Gilroy Approving the Reinstatement of 178 Residential Development Units (RDOs) Awarded Pursuant to the Residential Development Ordinance Performance Agreement for RD 06 -02, Approving the Reinstatement of 35 Units Awarded Pursuant to AHE207 -01, and Approving Revised Build -out Schedules for the Oak Creek Project Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Perry Woodward. Vote: Motion carried 5 -2. Yes: Council Member Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker B. Discussion and Possible Action on the Affordable Housing Exemption of the Oak Creek Subdivision The staff report was presented by Planner II Durkin. Public comment was opened. Bill Scheid spoke on the approval of the RDO's that were expired sharing his concerns with the plans for the project change. He asked the Council for their position on clustering homes in the neighborhood. Tom Fischer requested that the Council not approve the item, suggesting that it be fully noticed to the neighboring property owners and go through the Planning Commission. City Council Rescheduled Meeting Minutes 12/10/12 El Ed Newman of Suburban Propane spoke on previous meetings with the developer sharing his concerns with not receiving notice of the property changes. He then shared Suburban Propane's position explaining that there had been no discussion of escrow o a plan, stating that the company would need to have a relocation plan prior to closing escrow. He then stated that he agreed with the staff recommendation to continue the item for further study. Property owner Vince Jacalone stated that he had been meeting with Suburban Propane for several years on the sale of the property, stating that a conceptual plan had been sent to the company at their Fresno office. He stated that he would provide staff with all details of the property sale, explaining that negotiations had been moving forward for some time. Representative for the applicant Skip Spiering acknowledged that they were aware that everything needed to be processed in a timely manner. He explained that the frontage was at question and then shared the Harvest Park approval stating that they were identical. He explained that the neighborhood district policy was at question asking for Council consideration. He then stated that the Barbari's owned a piece of the property to put the affordable multi - family piece. Public comment was closed. Motion on Item IX.B. Motion: to take no action on the Affordable Housing Exemption of the Oak Creek Subdivision, and approve the first staff recommendation for further review, to be forwarding on to the Planning Commission for recommendation to Council. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage X. INTRODUCTION OF NEW BUSINESS A. Determination of Priorities for the Community Development Block Grant (CDBG) and Housing Trust Fund Expenditures for Fiscal Year 2013 -2014 The staff report was presented by Housing and Community Development Manager Roaf. Diana Hicks shared the Project Sentinel program and use of the Gilroy CDBG funding. Dale Theilges spoke on the Gilroy demonstration garden CDBG funding. Chelsea Cawley spoke in support of her program and the requested CDBG funding. Debra Stevens of the Silicon Valley Independent Living Center shared the program providing through the agency and asking for continued CDBG funding. Public comment was closed. Motion on Item X.A. Motion: to Approve the Proposed Work Plan and Provide Direction to Staff on Minimum Public Service Grants and Prioritizing of Services and Cap ital Projects Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage City Council Rescheduled Meeting Minutes 12/10/12 B. Architecture and Site Design Standards for Wireless Telecommunications Facilities in the Public Right -of -Way The staff report was presented by Senior Planner Ketchum. Public comment was opened. Natasha Ernst spoke from Crown Castle spoke on the use of the utility and right away use to provide 4G services to areas of the City. Public comment was closed. Motion on Item X.B. Motion: to Approve Proposed Architecture and Site Design Standards for Wireless Telecommunications Facilities in the Public Right -of -Way and Direct Staff to Proceed with Review and Issuance of Necessary Permits Moved by Council Member Perry Woodward, seconded by Council Member Aulman. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage C. Consideration of the Endorsement of Ralph Santos as Santa Clara Valley Water District ( SCVWD) Director for District 1 Mayor Gage presented the item. Public comment was opened; there being none, it was then closed. Motion on Item X.C. Motion: to send a letter to Endorse Ralph Santos Appointment as SCVWD Director for District 1 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -1. Yes: Council Member Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano M.D. D. Mayor Gage's Service on the Morgan Hill and Santa Clara Redevelopment Agency (RDA) Successor Agency Oversight Boards Mayor Gage presented the report on the item explaining the service he held on the committees. There were no public comments. Motion on Item X.D. Motion: to Concur with Mayor Gage's Service on the Morgan Hill and Santa Clara RDA Successor Agency Oversight Boards Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano M.D. w. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage City Council Rescheduled Meeting Minutes 12/10/12 n E. Selection of Mayor Pro Tempore for a (2) Two -Year Term Mayor Gage proposed the appointment of Council member Woodward as Mayor Pro Tempore There were no public comments. Motion on Item X.E. Motion: to Appoint Council Member Perry Woodward as Mayor Pro Tempore for a (2) Two -Year Term Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Aulman; Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund congratulated the Downtown Association for the weekend parade and explained that he would be out of the office December 21 st through January 2nd. XII. CITY ATTORNEY'S REPORTS Acting City Attorney Faber explained that City Attorney Callon was recuperating well. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7390 Dowdy Street, Gilroy, CA Agency Negotiator: Thomas Haglund, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Shelly Canario Under Negotiations: Price and Terms of Payment There were no public comments Council member Woodward recused himself from deliberations in closed session due to a financial interest with the other party to negotiations. The Council adjourned to closed session at 9:58 p.m. Motion to continue in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward !i :HAWNA FREELS-:'MMC City Clerk City Council Rescheduled Meeting Minutes 12/10/12