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Minutes 2012/02/06City of Gilroy City Council Meeting Minutes February 6, 2012 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6 :01 p.m. and led the pledge of allegiance. The Invocation was given by Assistant Pastor Jeff Rickel of Calvary Chapel. City Clerk Shawna Freels announced that the agenda had been posted on February 1, 2012 at 9:30 a.m. Roll Call Present: 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. Orders of the Day There were no agenda changes. I. INTERVIEWS A. Interviews for Two (2) Open Seats on the Parks and Recreation Commission The Council interviewed candidates. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro and Council Member Leroe -Munoz presented a letter honoring Patrick Dinsmore for achieving his Eagle Scout Award. The Council reconvened at the dais to 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. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe -Munoz reported that he had attended the first interoperability committee meeting. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dillon suggested that the Resolution of no confidence in High Speed Rail be agendized. There was not concurrence among the Council. City Council Meeting Minutes 2/6/2012 2 VI. CONSENT CALENDAR A. Minutes of January 23, 2012 Regular Meeting B. Approval of Notice of Acceptance of Completion of Tract 9818, Anson Court Subdivision, APN 783 -36 -051 C. Adoption of Ordinance 2012 -02 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 D. Approval Letter Supporting the Santa Clara County Strategic Growth Council Grant Proposal "Silicon Valley 2.0: A Plan for Adaptation and a Sustainable Region" E. Approval to Enter into a First Amendment to the Property Tax Administration Fee (PTAF) Tolling Agreement with Santa Clara County Extending the Agreement to May 11, 2014 Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E Moved by Mayor Pro Tempore Cat Tucker, 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 VII. BIDS AND PROPOSALS A. Award of Bid to O'Grady Paving, Inc for Pavement Resurfacing on Wren Avenue and on Church Street in the Amount of $1,144,020.00, Project No. 12- PW -196 Council Member Dillon recused himself from deliberations on the item explaining that he lived on Wren Avenue; he then left the dais. The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Approve Bid to O'Grady Paving, Inc for Pavement Resurfacing on Wren Avenue and on Church Street in the Amount of $1,144,020.00, Project No. 12 -PW- 196, and Authorize City Administrator to Execute Related Documents Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: 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 Al Pinheiro Recused: Council Member Bob Dillon Council Member Dillon returned to the dais. VIII. PUBLIC HEARINGS A. Public Hearing to Interpret the Downtown Gilroy Specific Plan to Consider the Specific Plan Reference to "Street Frontage ", the Gateway Public and Quasi - public Components, and the Residential Components of the Plan City Council Meeting Minutes 2/6/2012 3 Council Member Bracco recused himself from deliberations on the item explaining that he owned property in the gateway district; he then left the council chambers. The staff report was presented by Planner II Durkin. The public hearing was opened. Applicant Tom Quaglia stated that he believed the Council had the flexibility to set criteria for the gateway district, explaining that there would be new types of development as the economy recovered. He described the likeness of a specific plan to the general plan, explaining that the plan focus began in the plan perimeter, and became more intense at the interior. He then spoke on his proposal explaining that it complemented the downtown and would provide a more diverse ownership to that existing in the downtown and concluded by sharing the details of a meeting he had conducted with the neighboring residents in the area to share his proposal. There being no additional comments, Mayor Pinheiro closed the public hearing. Council Direction: The Council interpreted the reference of street frontage in the Gateway District as referring only to Monterey Street, the commercial or public /quasi public component was not required within the specific project as long as a greenway was provided along Monterey Street to substantially obscure the visibility of the residential units, that residential units on Monterey Street were allowed on the first floor facing the greenway within the specific project if there was a substantial greenway of 50+ feet, and that the term "stand -alone residential" did not include single family detached homes. Mayor Pinheiro, Council Member's Dillon and Leroe -Munoz each explained that they had each individually met with the developer prior to the meeting. B. Public Hearing to Consider an Update to the Housing Element and Approving M 11 -10, the Adoption of the 2007 -2014 Housing Element as an Amendment to the 2002 -2020 General Plan Council Member Bracco returned to the dais. The staff report was presented by Planning Manager Bischoff. The public hearing was opened, there being no comment, the public hearing was closed. First Motion on Item VIII.B. Motion: to Adopt the Negative Declaration Finding That, on the Basis of the Entire Record, There is no Substantial Evidence that the Adoption of the Update to the Housing Element Will Have a Significant Effect on the Environment and that the Negative Declaration Reflects the Independent Judgment and Analysis of the City Moved by Council Member Bob Dillon, 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 Second Motion on Item VIII.B. Motion: to Adopt Resolution 2012 -08 of the City Council of the City of Gilroy Approving M 11 -10, the Adoption of the 2007 -2014 Housing Element as an Amendment to the 2002 -2020 General Plan Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. City Council Meeting Minutes 2/6/2012 4 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 IX. UNFINISHED BUSINESS A. Appointments to Two (2) Open Seats on the Parks and Recreation Commission with Terms Ending 12/31/2012 and 12/31/2013 There were no public comments. Motion on Item IX.A. Motion: to Appoint Julie Garcia to the term Lehman to the term ending 12131/2012 Moved by Council Member Perry, seconded Vote: Motion carried 7 -0. ending 12/31/2013 and Brittany by Mayor Pro Tempore Cat Tucker. 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. Adoption 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 8B to the Gilroy City Code Entitled "Elections Campaign Finance" There were no public comments. Council directed staff to bring the item back for re- introduction, with amendments to the language within section 813.5 (c) regarding contributions of personal funds. X. INTRODUCTION OF NEW BUSINESS A. Resolution of Intention to Establish Community Facilities District 2012 -01, Rancho Meadows IV, Tract 10076, and Declaring the City's Intention to Establish a Future Annexation Area Throughout the Incorporated Territory of the City The staff report was presented by Senior Civil Engineer Mack. There were no public comments. Motion on Item X.A. Motion: to Adopt Resolution 2012 -09 of the City Council of the City of Gilroy to Establish Community Facilities District No. 2012 -1 Moved by Mayor Pro Tempore Cat Tucker, 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 B. Resolution in Opposition to Unacceptable Requirements Contained in the Metropolitan Transportation Commission's (MTC) One Bay Area Grant The staff report was presented by Transportation Engineer Dey. There were no public comments. City Council Meeting Minutes 2/6/2012 5 Motion on Item X.B. Motion: to Adopt Resolution 2012 -10 of the City Council of the City of Gilroy Opposing Unacceptable Requirements Contained in the Metropolitan Transportation Commission's One Bay Area Grant (OBAG) Program Draft Document 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 C. Development Block Grant (CDBG) Funding Status The staff report was presented by Community Development Director Abrams. There were no public comments. D. Introduction of an Ordinance of the City Council of the City of Gilroy Entitled "Small Animals" Regulating Chickens, Rabbits and Other Small Animals in Residential Zones The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.D. Motion: to Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon Second Motion on Item X.D. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Entitled "Small Animals" Regulating Chickens, Rabbits and Other Small Animals in Residential Zones Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Meeting Minutes 2/6/2012 6 A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to CA. Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Estate of Gurmit Singh, et al. v. City of Gilroy, et al. Court: United States District Court, Northern Division Case No. C 09- 00740JW B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7453 Monterey Street, Gilroy, CA. Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer /Public Works Director Other Party to Negotiations: Miguel Gaeta Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (Property: 7533 Monterey Street, Gilroy, CA. (APN 799 -06 -049) Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer /Public Works Director Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Payment There were no public comments on Closed Session. Council Member Woodward explained that he was recusing from deliberations on Closed Session Items XIII. B and C due to real property ownership within the vicinity of the subject sites. Acting City Attorney Faber explained that the Council would be entering into closed session on Item XII[.A. as discussion of the matter in open session would likely and unavoidably prejudice the city's position in the litigation. Motion on closed session item XIII.A. Motion: to Assert the Attorney Client Privilege on Item XIII.A., and Adjourn to Closed Session 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 The Council adjourned to closed session at 8:11 p.m. Motion to continue 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 S H'AW NA City Clerk City Council Meeting Minutes 2/6/2012