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Minutes 2014/01/27City of Gilroy City Council Meeting Minutes January 27, 2014 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 Aulman. The Invocation was given by Frank Azad of the Bahai Faith Community. City Clerk Shawna Freels stated that the agenda had.been posted 1/22/14 at 10:15 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 Don Gage; Mayor Pro Tempore Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions Community Development Director Abrams introduced newly hired Permit Technician Anh Tran. C. Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Certificates of Recognition for Recipients of the 2013 Chamber of Commerce Annual Spice of Life Awards (to be presented at the Chamber Dinner February 8 th) III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT JURISDICTION OF THE CITY COUNCIL There were no public comments on items not on the agenda. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker announced that she had been reappointed as Chair of the Santa Clara Valley Habitat Plan Agency and would also be serving as the Chair on the Citizens Advisory Board of Caltrain. Council Member Leroe -Munoz spoke on the Santa Clara Valley Water Commission meeting discussions regarding water conservation efforts and draught conditions in the state, explaining that the county was in a good position because of geography and previous conservation efforts. City Council Meeting Minutes 1/27/2014 2 Council Member Aulman spoke on the Gilroy Gardens Board retreat and positive results with regards to attendance and income, and planned water play area and partnerships with the City Recreation programs and goals for the following year. She concluded by sharing the YMCA programs for seniors, afterschool students and summer camps. Mayor Pro Tempore Woodward announced that a new VTA General Manager had been hired. MAYOR'S REPORT Mayor Gage announced that the new chair of the Sister Cities Association was Greg Bozzo, and shared plans for visitor tours and fundraising events. He went on to explain that the URM Task Force was continuing to have success and explained that the Downtown Business Association was working with the Chamber Board and EDC on fundraising events and a Main Street Program. He announced that Debbie Sanchez had been elected as the new Chamber President, and shared discussions from a recent Chamber retreat and Government and Relations Committee meeting. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the January 6, 2014 Regular Meeting B. A Resolution 2014 -06 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 C. Appointment of a Member to the Arts and Culture Commission with a Term Expiration of 12/31/2017 and Appointment of a Member to the Housing Advisory Committee with a Term Expiration of 12/31/2015 Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry Woodward. 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 Don Gage; Mayor Pro Tempore Perry Woodward VII. BIDS AND PROPOSALS A. National Pollutant Discharge Elimination System (NPDES) Compliance Monitoring Permit Consultant Contract Award The item was presented by Public Works Director Smelser. There were no public comments. Motion on Item VII.A. Motion: Approve Award Bid•in the Amount Not to Exceed $200,000.00 to AMEC Environmental and Infrastructure, Inc. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. City Council Meeting Minutes 1/27/2014 3 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; Mayor Pro Tempore Perry Woodward VIII. PUBLIC HEARINGS IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 30, Section 2.20 Entitled "Definitions" to Add Definitions of 'Bank and "Office" to Prohibit the Establishment, Expansion or Relocation of Payday Lending and Check Cashing Businesses Within the City of Gilroy There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance No. 2014 -01 of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 30, Section 2.20 Entitled "Definitions" to Add Definitions of 'Bank and "Office" to Prohibit the Establishment, Expansion or Relocation of Payday Lending and Check Cashing Businesses Within the City of Gilroy Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. 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 Don Gage; Mayor Pro Tempore Perry Woodward B. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 13 -01 For a Change in Zoning Designation from Al (Agriculture) to 111 -PUD (Single - Family Residential, Planned Unit Development) on Approximately 5.3 Acres Located at the Terminus of Babbs Creek Drive, West of Starling Drive, APN 808 -20 -001; The James Group Applicant There were no public comments. Motion on Item IX.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading 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 Don Gage; Mayor Pro Tempore Perry Woodward Second Motion on Item IX.B. Motion: to Introduce an Ordinance of the City Council of the City of Approving Application Z 13 -01 For a Change in Zoning Designation from Al (Agriculture) to R1 -PUD (Single - Family Residential, Planned Unit Development) on Approximately 5.3 Acres Located at the Terminus of Babbs Creek Drive, West of Starling Drive, APN 808 -20 -001; The James Group Applicant Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. 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 Don Gage; Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 1/27/2014 n C. Adoption of a Resolution of the City Council of the City of Gilroy Approving TM 13 -04 a Tentative Map for a Residential Subdivision Creating 55 Single - Family Residential Lots, One 1.5 Acre Lot for a Detention Basin, and One .5 Acre Lot for a Drainage Swale for a Property Located South of Day Road and West of Cougar Court, APN 783 -16 -026, Glen Loma Group Corporation Applicant There were no public comments. Motion on Item IX.C. Motion: to Adopt Resolution 2014 -07 of the City Council of the City of Gilroy Approving TM 13 -04 a Tentative Map for a Residential Subdivision Creating 55 Single - Family Residential Lots, One 1.5 Acre Lot for a Detention Basin, and One .5 Acre Lot for a Drainage Swale for a Property Located South of Day Road and West of Cougar Court, APN 783 -16 -026, Glen Loma Group Corporation Applicant Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. 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 Don Gage; Mayor Pro Tempore Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Presentation of Fiscal Year 2012/2013 Audited Financial Statements The staff report was presented by Finance Director Turner. There were no public comments Motion on Item X.A. Motion: to Accept the Fiscal Year 201212013 Audited Financial Statements Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. 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; Mayor Pro Tempore Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward B. Mitigated Negative Declaration and Mitigation Monitoring Program for the City of Gilroy Joint Trunk Sewer Replacement Project The staff report was presented by Operations Manager Stubchaer. There were no public comments Motion on Item X.B. Motion: to Adopt the Mitigated Negative Declaration with Mitigation Monitoring Program Finding That on the Basis of the Full Record There is no Substantial Evidence That the Project Will Have a Significant Effect on the Environment, and That the Mitigated Negative Declaration Reflects the Independent Judgment and Analysis of the City Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. 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 Don Gage; Mayor Pro Tempore Perry Woodward C. Purchase and Sale Agreement for the Transfer of the Uvas Debell Park Preserve Properties from Santa Clara County City Council Meeting Minutes 1/27/2014 There were no public comments. The staff report was presented by Operations Manager Stubchaer. Motion on Item X.C. Motion: Approve Motion to Approve the Purchase and Sale Agreement for the Transfer of the Uvas Debell Park Preserve Properties from Santa Clara County to the City of Gilroy Moved by Council Member Terri Aulman, seconded by Council Member Peter Leroe- Munoz. 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 Don Gage; Mayor Pro Tempore Perry Woodward D. Report on General Plan and Long -Range Planning Fee Surcharges The staff report was presented by Building Division Manager Butler. Public comment was opened. Gary Walton stated that the downtown area should be omitted from the fees, explaining that the expenses were being pushed off to future residents who had no voice in the general plan process. He then stated that the city had some of the highest fees in the state and the city was pricing itself out of development, explaining that other communities were lowering their fees to remain competitive. Public comment was then closed. Motion on Item X.D. Motion: to Direct Staff to Prepare a Resolution Amending the City Fee Schedule to Include General Plan Update and Maintenance, and Long -range Planning Surcharges for Specified Planning, Building and Public Works Engineering Permits, and prepare information for further discussion regarding the downtown being included or not Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. 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 Don Gage; Mayor Pro Tempore Perry Woodward E. Community Development Block Grant (CDBG) Work Plan for the Development of the Year Five Action Plan of the 2010 -2015 Consolidated Plan The staff report was presented by Community Development Director Abrams Public comment was opened. Gary Walton was called to speak sharing his thoughts on the HUD requirements for CDBG funds such as rehabilitation of private and public renovations, historic preservation and economic development activities. He then stated that using the funds in a different way might be a better direction to go in as it would make a bigger impact on the members of the downtown community. Public comment was then closed. City Council Meeting Minutes 1/27/2014 n Motion on Item X.E. Motion: Approve Motion to Approve the Proposed Work Plan as a Precursor to the Development of the Action Plan for Year Five of the 2010 -2015 Consolidated PlanMoved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. 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 Don Gage; Mayor Pro Tempore Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One (1) Case Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Glen Loma Corporation, Arcadia Development Corporation, Ronan Avenue Investors, LLC v. City of Gilroy, et al. Court: Superior Court of California, County of Santa Clara Case No. 112CV226294 Date Case Filed: June 11, 2012 Material Terms of Settlement: Settlement of Litigation in the Amount of $295,000.00 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7780 Monterey Street, Gilroy, California (APN 841 -04 -020) Agency Negotiator: Thomas Haglund, City Administrator; Rick Smelser, Public Works Director; Lee Butler, Development Center Manager Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Lease Payment City Attorney Callon explained that the Council was entering into closed session on Item XIII.A. because discussions in open session could potentially harm the city's position in the case. Motion to Adjourn to Closed Session Motion: to Assert the Attorney Client Privilege on Item XIII. A. and adjourn to Closed Session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. 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 Don Gage; Mayor Pro Tempore Perry Woodward The Council adjourned to closed session at 7:20 p.m. Vote to remain in Closed Session on Item XIII.B. The City Council unanimously agreed to remain in closed session for Item XIII.B. by the following vote: 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; Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 1/27/2014 1 Closed Session Announcement on Item XIII.A. The City Council unanimously agreed to the settlement by the following vote: 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; Mayor Pro Tempore Perry Woodward 'f SHAWNA FRE LS, M City Clerk City Council Meeting Minutes 1/27/2014