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Minutes 2012/05/21City of Gilroy City Council Meeting Minutes May 21, 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. The invocation was given by Frank Azad of the Gilroy Baha'i Faith Community. Deputy City Clerk Knerr reported that the agenda had been posted on May 16, 2012 at 12:05 p.m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent/Excused: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Council Member Perry Woodward Mayor Pinheiro stated that Council Members Woodward and Leroe -Munoz had both called in called in to report that they would arrive late to the meeting. B. Orders of the Day Mayor Pinheiro asked that Closed Session Item XIII.0 be removed from the agenda. The Council agreed to remove the item. C. Introductions There were no 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 There were no public comments. B. Presentation of the 2012 Young Artist Poster Contest "Judges Favorite Award" Winners Recreation Director DeLeon presented the staff report. Council Member Woodward joined the meeting at 6:05 p.m. Council Member Arellano joined the meeting at 6:06 p.m. Recreation Supervisor Mirelez presented the 2012 Young Artist Poster Contest "Judges Favorite" Awards and Police Chief Turner further spoke on the contest. City Council Meeting Minutes 5 -21 -12 2 IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Tucker reported that she had been elected to represent the Cities Association of Santa Clara County as an alternate on the Local Agency Formation Commission (LAFCO). Council Member Arellano reported that he had attended the Association of Bay Area Governments' Spring General Assembly. He stated that primary topics included housing, particularly senior housing, jobs, transportation investment strategies and reduction of greenhouse gases. Council Member Dillon complimented the Gilroy Downtown Business Association and the Chamber of Commerce for their organization of the Wine Stroll. MAYOR'S REPORT Mayor Pinheiro thanked Recreation Director DeLeon and her staff for organizing the grand opening of the Aquatics Center at Christopher High School. He encouraged everyone to visit the facility noting that it was an asset to the community. Mayor Pinheiro thanked the Gilroy Downtown Business Association, the Chamber of Commerce and all those responsible for the Wine Stroll. He noted that Gary Walton was in attendance and thanked him for everything he had done for the downtown. Mayor Pinheiro commended his idea that citizens, during the Wine Stroll, suggest uses for buildings that were vacant downtown. He stressed that the downtown could only continue to flourish if community members support existing businesses in that district and explained that new businesses would not open in an area that was not already thriving. Mayor Pinheiro reminded the Council of the Exchange Club's 19th annual Blue and Gold Awards Luncheon honoring those in uniform in both police and fire departments. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker asked the Council to consider agendizing a discussion regarding changing their meeting start time to 7:00 p.m. in light of the community letter which had been received by Council on the matter. There was not concurrence among the Council. VI. CONSENT CALENDAR A. Minutes of the April 30, 2012 Special Meeting B. Minutes of the May 7, 2012 Regular Meeting C. Resolution 2012 -20 of the City Council of the City of Gilroy in Support of the Safe Routes to School Program D. Opening of the Recruitment Period to Fill a Vacant Seat on the Library Commission E. Resolution 2012 -21 of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A City Council Meeting Minutes 5 -21 -12 3 F. Ordinance 2012 -07 of the City Council of the City of Gilroy Amending the Downtown Gilroy Specific Plan and Amending the Gilroy Zoning Ordinance to Allow Public Dancing as a Permitted and Conditional Use in Certain Districts of the City G. Ordinance 2012 -08 of the City Council of the City of Gilroy Repealing Chapter 8 of the Gilroy City Code in its Entirety and Adopting a New Chapter 8 Regulating Public Dance H. Resolution 2012 -22 of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2012/2013 With Respect to General Obligation Bonds for the Gilroy Community Library Project Motion on the Consent Agenda Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G, H Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent: Council Member Peter Leroe -Munoz VII. BIDS AND PROPOSALS A. Award Traffic Signal Systems and Street Light Maintenance Professional Services Agreement to Republic ITS (12- RFP -PW -361) The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VII.A. Motion: to Award Republic ITS as Consultant to Provide Professional Services for Traffic Signal Systems and Street Light Maintenance Moved by Council Member Peter Arellano M.D., 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 Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent: Council Member Peter Leroe -Munoz B. Award City -Wide Parks and Landscape Maintenance Services Contract to Valley Crest Landscape Maintenance, and Approve Budget Amendment, Project No. 12- RPF -PW -362 Council Member Leroe -Munoz joined the meeting at 6:38 p.m. The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award a 3 -year Contract for City -Wide Parks and Landscape Maintenance Services to Valley Crest Landscape Maintenance in the Annual Amount of $577,094.08, and Approve Related Budget Amendment for Fiscal Year 2012/2013 in the Amount of $115,000.00 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. City Council Meeting Minutes 5 -21 -12 rd 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 VIII. PUBLIC HEARINGS A. Residential Development Housing Exemption Request to Allocate 60- Residential Units Under Gilroy Zoning Code Section 50.62 (b) (10), on a Property Zoned DGD (Downtown Gateway District), Located on the West Side Of Monterey Street at Eleventh Street, APN's 799 -33 -045 thru 799 -33 -064 (Signature Development Group c/o Tom Quaglia Applicant); RDO -HE 12 -01 Council Member Bracco recused himself from deliberations on the item explaining that he owned property across the street from the project; he then left the council chambers. The staff report was presented by Planner II Durkin. The public hearing was opened. Applicant Tom Quaglia spoke about the revised project design and its compliance with the Gateway District Specific Plan. He explained how the greenway along Monterey Street would fulfill the goal of providing a large entry area or gateway to the city while downplaying the housing. He further explained that the greenway would also provide seating and public art. There being no additional comments, Mayor Pinheiro closed the public hearing. Council Member Dillon stated that he had met with the developer prior to the meeting. Motion on Item VIII.A. Motion: to Continue the Public Hearing to the June 4, 2012 Regular Meeting Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent: Council Member Dion Bracco B. Architectural and Site Review Request to Construct Two Hotels on a Property Zoned C3 -PUD (Shopping Center Commercial - Planned Unit Development) Located on the Northeast Corner of Leavesley Road and Forest Street, APN's 835 -01 -050 and 835 -01 -064 (Fresh Group c/o Erin Chen, Applicant); AS -PUD 11 -16 Council Member Bracco returned to the dais. The staff report was presented by Planner II Durkin. Transportation Engineer Dey discussed traffic issues with the project. The public hearing was opened. James Suner spoke on behalf of the applicant and stated that he had not been able to conduct a cost - benefit analysis for condition 63, which had been added since the last Planning Commission meeting and, therefore, the applicant could not commit to its implementation that evening. He further stated that the applicant's primary concern was acquiring the occupancy permit if there were delays with the intersection improvements and they would like to see a performance timeline on condition 63. Mr. Suner noted that the applicant would like condition 54 tied to the occupancy rather than the building permits. He explained that he had met with Tammy Brownlow, with the Gilroy Economic City Council Meeting Minutes 5 -21 -12 5 Development Corporation (EDC), to review the City's economic incentive policies in order to realize recovery of some of the cost of the intersection improvements. Sherry Boyer expressed concerns about existing traffic safety issues at the intersection at Forest Street and Leavesley Road. Javier Barajas spoke on behalf of the applicant and outlined their primary concerns which included the occupancy permits being delayed due to intersection improvements and the traffic issue which they believed to be a pre- existing condition. He then spoke about the applicant's background and explained the number of jobs and amount of Transient Occupancy Tax (TOT) revenue which the project would bring to the City, which he estimated would be approximately $1,000,000 per year. Mike Patel spoke about truck traffic issues at his nearby hotel on Leavesley Road in addition to the future economic impacts of the applicant's project on his business. He further questioned the applicant's assertions regarding job creation and TOT revenue. There being no further public comment, Mayor Pinheiro closed the public hearing. James Suner reviewed the issues of concern to the applicant which included changing wording in condition 54 from `building permit to 'occupancy', adding a timeline to condition 63 and hearing a dialog about an incentive program through the EDC which would require future Council support. Mr. Suner further stated that he had encouraged the applicant to avail themselves of condition 63 and they would most likely move forward with that option. Acting City Attorney Faber explained that a discussion about economic incentives for the project would require interpretation of the City's Economic Development Incentive Policy and it would have to be agendized as a separate item for a future meeting. Each Council Member disclosed that they had individually spoken to Mr. Suner about the project prior to the meeting. Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving AS -PUD 11 -16 per staff recommendations Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Peter Leroe- Munoz; Council Member Perry Woodward IX. UNFINISHED BUSINESS A. Sign Ordinance Review Task Force Scope of Work, Operating Procedures and Task Force Membership The Council adjourned for a break at 8:16 p.m. The Council reconvened the meeting at 8:23 p.m. The staff report was presented by Planning Manager Bischoff. Public comment was opened. Anil Babbar, with the Santa Clara County Association of Realtors, offered the assistance of the Association by having a representative serve on the task force. Public comment was closed. City Council Meeting Minutes 5 -21 -12 2 Motion on Item IX.A. Motion: to Approve the Sign Ordinance Review Task Force Scope of Work, Operating Procedures and Membership per staff recommendations with the change of at -large business member to furniture dealer Moved by Council Member Peter Leroe- Munoz, 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 X. INTRODUCTION OF NEW BUSINESS A. Overview of the Proposed General Plan Update Process, Approval of Associated Budget Amendment in the Amount of $300,000.00, and Proposed Surcharge Revisions to the Fee Ordinance The staff report was presented by Interim Senior Planner Ketchum. There were no public comments. Motion on Item X.A. Motion: to Direct Staff to Develop a Work Program and Scope of Work for the General Plan Update, Approve $300,000.00 Budget Amendment for Fiscal Year 201112012, and Direct Staff to Prepare a Revision to the Fee Ordinance 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 B. 2011/2012 Third Quarter Budget Review and Budget Amendment The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.B. Motion: to Receive Report and Approve Budget Amendment for Fiscal Year 2011/2012 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 C. Fiscal Year 2012/2013 Mid -Cycle Budget Review and Approval of Associated Budget Amendments The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to Receive Report and Adopt Resolution 2012 -23 of the City Council of the City of Gilroy Amending the Fiscal Year 201212013 Budget and Appropriating Proposed Expenditure Amendments Moved by Council Member Perry Woodward, seconded by Council Member Peter City Council Meeting Minutes 5 -21 -12 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 XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a) (2) Property: 7350 Rosanna Street, Gilroy, California (Corner of 7th and Rosanna Streets) Agency Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Other Party to Negotiations: Santa Clara County Under Negotiations: Price and Terms of Payment 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. Agency Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Other Party to Negotiations: Miguel and Santos Gaeta Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Sundquist. v. County of Santa Clara, et al. Court: Santa Clara County Superior Court Case No. Case No. 1- 11 -CV- 195331 The item was pulled from the agenda during orders of the day. D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to 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 E. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments on the closed session items. Acting City Attorney Faber explained that the Council would be entering into closed session on Item XIII.D. as discussion of the matter in open session would compromise City Council Meeting Minutes 5 -21 -12 the City's position in the litigation. Motion on closed session Item XIII.D. Motion: to Assert the Attorney Client Privilege on Item XIII. D, 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 Council Member Woodward announced that he would recuse himself from deliberations on Item XIII.B. explaining that he owned property within 500 feet of the subject property. Mayor Pinheiro announced that Item XIII.B. would be moved to the end of that evening's agenda. The Council adjourned to closed session at 9:33 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 nifer K err eputy Ci Clerk City Council Meeting Minutes 5 -21 -12