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Minutes 2013/12/02City of Gilroy City Council Meeting Minutes December 2, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of Allegiance was led by Council Member Bracco. The invocation was given by Pastor Greg Quirk of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on November 27, 2013 at 11:15 a.m. Roll Call Present: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Orders of the Day Mayor Gage announced that Item IX.E was being moved up the agenda, prior to Section VIII. Public Hearings. C. Introductions Public Works Director Smelser introduced Jimmy Hernandez and Daniel McElroy. both newly hired to the full time position of Maintenance Worker I. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pro Tempore Woodward presented the proclamation Honoring Police Department Canine "Cento" Police Chief Turner introduced new police department Canine "Twister" 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 Connie Rogers was called to speak, sharing her concerns about the Council's recent approval of the demolition of the historic barn at Christmas Hill park, and explaining that she believed there was historic significance to the barn and the item should be re- visited by the Council for additional public input. Patty Sweeney was called to speak, sharing her concerns for dirt in the historic east side alleyways of the city. City Council Meeting Minutes 12/2/2013 C. Bicycle Pedestrian Commission Annual Presentation to Council The presentation was given by Commission Chair Marandos. D. Personnel Commission Annual Presentation to Council The presentation was given by Commission Vice Chair Czerosky. IV. REPORTS OF COUNCIL MEMBER'S Council Member Tucker reported that the Habitat Conservation Agency had met and was continuing to work on housekeeping items and was recruiting for the position of Executive Director. Council Member Leroe -Munoz reported that he had recently been appointed as the Legislative Action Chair for the Santa Clara County Cities Association. Mayor Pro Tempore Woodward stated that the URM Task Force work with individual property owners had begun very successfully. MAYOR'S REPORT Mayor Gage reported that the Downtown Business Association meeting would be held the following night and the SCRWA meeting would be held on Wednesday. He concluded by explaining that the URM Task Force had met and was working well with individual building owners. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the November 18, 2013 Regular Meeting Motion on Item VI.A. Motion: Approve the Minutes of the November 18, 2013 Regular Meeting Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Abstain: Council Member Dion Bracco B. Resolution 2013 -46 of the City Council of the City of Gilroy Approving the Application to the California Energy Commission for an Energy Efficiency Loan C. Acceptance of Funding from the FEMA Assistance for Firefighters Grant in the Amount of $92, 000 for Replacement Apparatus Radios D. Approval of Property Improvement Agreement No. 2013 -02 and Final Map for Monterey Manor - Tract 10189, K. Hovnanian at Gilroy 60, LLC E. City Council Letter to State Legislators Regarding Local Assembly Bill 109 Impacts Motion on Consent Calendar items B, C, D, E Motion: Approve B, C, D, E Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Terri Aulman. City Council Meeting Minutes 12/2/2013 3 Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Woodward stated that the way that the demolition of the historic building at Christmas Hill park had been presented had not offered enough notice to the public, and he believed that the item should be re- agendized as members of the public wished to be heard. The Council agreed to re- agendize the item again. VII. BIDS AND PROPOSALS A. Award of On -Call Geographic Information System (GIS) Support Services to Lynx Technologies, Inc. in the Amount of $60,840.00 The staff report was presented by Senior Engineer Mack. There were no public comments. Motion on Item VII.A. Motion: to Award of On -Call Geographic Information System (GIS) Support Services to Lynx Technologies, Inc. in the Amount of $60,840.00 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending City Code Section 2.13 Regarding City Council Regular Meetings Schedule There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2013 -13 of the City Council of the City of Gilroy Amending City Code Section 2.13 Regarding City Council Regular Meetings Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending City Code Chapter 18, Section 6 to Establish Permit Regulations for the Consumption of Alcohol in City Parks There were no public comments. City Council Meeting Minutes 12/2/2013 ll Motion on Item IX.B. Motion: to Adopt Ordinance 2013 -14 of the City Council of the City of Gilroy Amending City Code Chapter 18, Section 6 to Establish Permit Regulations for the Consumption of Alcohol in City Parks Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker C. Wren Avenue at Byers Street Crosswalk Improvements Report The staff report was presented by Traffic Engineer Servin. Public comment was opened. Don was called to speak, sharing his concerns and those concerns of other members in the surrounding neighborhoods when the city removed the cross walk. Ron Kirkish was called to speak, sharing his personal experience with the need for sidewalks to assist kids getting to school. A woman spoke on the use of the previous cross walk to allow children to get to El Roble school. Public comment was then closed. Motion on Item IX.C. Motion: to Direct Staff to go out to bid for the improvements Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Report on Sixth Street Trail and Other Improvements Along the Sixth Street Corridor The staff report was presented by Traffic Engineer Servin. There were no public comments. Motion on Item IX.D. Motion: to Direct Staff to Prepare the Bids Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage E. Report on Design Status of Paseo at 7453 Monterey Street Mayor Pro Tempore Woodward recused from deliberations on the item explaining that he owned real property within 500 feet of the subject property. He then left the dais. Public comment was opened. City Council Meeting Minutes 12/2/2013 Al Pinheiro, Chair of the Paseo Committee presented a report on the work down by the design group, and introduced the members of the committee, sharing the work done by the group. There were no further public comments. Motion on Item IKE. Motion: to direct staff to move forward with the initial construction phase items as identified in the staff report, along with a bike rack installation and approval of the corresponding $8,000.00 budget amendment. Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0. -1 Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward B. Presentation by California Assembly Member Luis A. Alejo Assembly Member Alejo gave a presentation of the legislature's accomplishments during the 2013 session. He then shared a business and economic workshop being presented by the Governor's office in Salinas the following day. VIII. PUBLIC HEARINGS A. Residential Development Ordinance Housing Exemption Request to Allot 57 Single - Family Homes Under City Code Section 30.50.60 (c) (3) (b) Located on Monterey Highway and Cohansey Avenue; Assessor's Parcel Numbers 790 -06- 029 and 790 -06 -030; Harvest Park (RDO HE 13 -02); The James Group, Applicant Tentative Map Request to Create 57 Single - Family Residential Lots, 1 Multi - Family Lot and 1 Commercial Lot and 3+ Acres of Common Area on Approximately 17 Acres Located at Monterey Highway and Cohansey Avenue, Assessor's Parcel Numbers 790 -06 -029 and 790 -06 -030 (TM 13 -06) A Planned Unit Development - Architectural and Site Review of 57 Residential Homes at Monterey Highway and Cohansey Avenue, Assessor's Parcel Numbers 790 -06 -029 and 790 -06 -030 (A/S 13 -26) The staff report was presented by Planner II Durkin, Planning Manager Martin, and Traffic Engineer Servin. Council Member Bracco, Council Member Arellano, Council Member Tucker, Council Member Leroe - Munoz, Mayor Pro Tempore Woodward and Mayor Gage each disclosed that they had individually communicated with the applicant regarding the project. The public hearing was opened. Applicant James Suner was called to speak, and shared the details of the project. The public hearing was then closed. Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving RDO HE 13 -02 Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. City Council Meeting Minutes 12/2/2013 Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Second Motion on Item VIII.A. Motion: to Accept the Addendum Negative Declaration with a Modification to Mitigation Measure Number 27 to Allow for a 1 -foot Elevation Increase Above the Existing Ground Level to Mitigate Potential Flood Risks, and that Requiring a 1- Foot Elevation Increase is an Equivalent Mitigation to Requiring a 2 -foot Elevation Increase Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Third Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Modifying TM 13 -06 adding the Church Street radius to 610 feet, widening the landscaping median on Cohansey Avenue an additional 10 feet, with recommended parking changes. Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Fourth Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Modifying A/S 13 -26 as recommended by the Planning Commission, with the addition of condition 21 as recommended by Staff Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage The Council agreed to continue the meeting passed the 11:00 p.m. stop time. The Council then took a 5 minute break. X. INTRODUCTION OF NEW BUSINESS A. Council Consideration of Updated Salary Schedule for the Position of City Clerk The report was presented by Mayor Gage. There were no public comments. Motion on Item X.A. Motion: to Approve a 2% Increase to the Salary Schedule for the Position of City Clerk Effective July 1, 2013 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. City Council Meeting Minutes 12/2/2013 1 1 7 Yes: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the upcoming citizens summit at 6:00 p.m., and then stated that study session items were being added to the December 9, 2013 special meeting. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. LIABILITY CLAIM - CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code Section 54956.95 (b) and Gilroy City Code Section 17A.11 (c) 2 Claimant: Claim of Brad Carlson Agency Claimed Against: City of Gilroy The item was not heard. 1 1 SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 12/2/2013