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Minutes 2012/10/15City of Gilroy City Council Meeting Minutes October 15, 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 Ruth Breton of the Bahai Faith Community. City Clerk Shawna Freels reported that the agenda had been posted on October 10, 2012 at 2:30 p.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. C. Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation naming the Month of October as Domestic Violence Awareness month. Mayor Pinheiro then presented a proclamation thanking the Friends of the Library members for their years of service to the community in celebration of Friends of the Library Week October 22nd -29th. 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 Jaime Rosso spoke on a resolution passed by the Gilroy Unified School District in support of state proposition 30 and went on to share the losses in funding for the school district. He then asked the City Council to consider adopting a resolution in support of the proposition to support the school district. Paul Winslow stated that as a local high school teacher and resident, he supported the idea of the Council passing a resolution in support of proposition 30. Eleanor Villarreal also suggested that the Council pass a resolution in support of proposition 30, stating that it would not affect small business, but would impact those who had a gross income of $250,000. or more. Public comment was closed. Council Member Arellano suggested agendizing the item at the next meeting. City Council Meeting Minutes 10/15/2012 2 The Council agreed to agendize the item at the November 5, 2012 meeting. B. Annual Presentation to Council by the Arts and Culture Commission IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco announced that the gang task force annual retreat would be held the following day, and went on to report that the sign ordinance task force had met twice, and had quite a lot to accomplish. MAYOR'S REPORT There was no report. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the October 1, 2012 Regular Meeting B. Open Recruitment for (2) Two Open Seats on the Housing Advisory Board C. Appointment of (1) One Member to the Sign Ordinance Review Task Force D. Claim of Nancy Saldana (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Claim of Bejan Toofan (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Nelson Garcia (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, D, E, F Moved by Mayor Pro Tempore Cat Tucker, 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 VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS There were none. Mayor Pinheiro suggested that Item X.A. be moved up the agenda as there were members of the public in attendance waiting for the Council to address the item The Council agreed to move the item up the agenda. X. INTRODUCTION OF NEW BUSINESS A. Mills Act Agreement for a Property Located at 7751 Rosanna Street, Gilroy, CA., APN 799 -02 -024 The staff report was presented by Community Development Director Abrams. City Council Meeting Minutes 10/15/2012 W There were no public comments. Motion on Item X.A. Motion: to Approve a Mills Act Agreement with David Matuszak for a Property Located at 7751 Rosanna Street, Gilroy, CA. Moved by Council Member Perry Woodward, 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 IX. UNFINISHED BUSINESS A. Actions to Adopt and Implement the Santa Clara Valley Habitat Plan /Natural Community Conservation Plan The staff report was presented by Senior Planner Ketchum. Public comment was opened. Janet Espersen of the Save our Gilroy Foothills group asked the Council to move forward with the Habitat Plan stating that it was a protection for wildlife. Tom Fischer asked who was supporting the plan asking what the benefits were to the city and spoke on the fees associated with the plan asking about the endangered species to be protected. He explained that monies would be spent to purchase habitat areas outside of Gilroy and the endangered animals within the community would be removed. Carolyn Tognetti of Save Open Space Gilroy spoke on her involvement as a member of the Habitat plan. She shared her concerns with the areas removed from the plan and species removed, and then shared the overall benefits to the cities and agencies in the plan area asking that the Council consider adopting the plan. Georgine Scott - Codiga spoke in opposition to the adoption of the plan asking why the community did not get the opportunity to vote on the plan. She explained that the plan created another bureaucratic agency and asked the Council if they could assure the public that the plan would benefit the community. Tom Espersen spoke on the in -kind transfer of land in the northern areas of the county suggesting that the plan mirrored other similar plans which provided the proper habitat. He spoke on the need for protection of wildlife and the need to think globally and act locally. Rob Onetto, representing the Hecker Pass property owners, spoke on the inconsistencies within the plan and unintended consequences of the Habitat Plan and intent of identifying Hecker Pass as a rural area with open space. Public comment was closed. Failed motion on Item IX.A. Motion: to Continue the item to December 10, 2012. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion failed 3 -4. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Council Member Perry Woodward No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro City Council Meeting Minutes 10/15/2012 L, Motion on Item IX.A. Motion: to Approve the Final Environmental Impact Report/Environmental Impact Statement Prepared for the Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan Finding that; (a) it is Complete and in Compliance with CEQA; (b) That it Reflects the Independent Judgment of the City (c) There is no Substantial Evidence That the Project will Have a Significant. Effect on the Environment Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward Second Motion on Item IX.A. Motion: to Adopt Resolution 2012 -44 of the City Council of the City of Gilroy Certifying the Final Environmental Impact Report, Making CEQA Findings, Adopting the Mitigation Monitoring and Reporting Program, Adopting the Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan, Approving the Implementing Agreement, Approving the Joint Exercise of Powers Agreement Creating the Santa Clara Valley Habitat Agency, and Approving a Memorandum of Understanding with Other Public Agencies with Changes to Section 8 of the Resolution as Identified in the Staff Report. Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward Third Motion on Item IX.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. 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 City Clerk Freels read the ordinance title. Fourth Motion on Item IX.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Adding Chapter 12.6 - Habitat Conservation Plan,to Adopt by Reference and Implement the Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan Including Authority to Collect Local Development Mitigation Fees Adopted by the Santa Clara Valley Habitat Agency From Project Applicants and to Remit the Fees to the Agency for Funding the Preservation of Natural Ecosystems in Accordance with the Plan Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward City Council Meeting Minutes 10/15/2012 5 Fifth Motion on Item IX.A. Motion: to Appoint Mayor Pro Tempore Tucker and Council Member Arellano and Alternates Council Members Leroe -Munoz and Bracco to the Santa Clara Valley Habitat Agency Governing Board and the Agency Implementation Board Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6 -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 No: Council Member Bob Dillon XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that Tesla Motor Corporation would be unveiling their charging station. He then spoke on the crime report concerns shared by an individual during public comment at the prior meeting explaining that the Police Department had remedied the issue. Council Member Woodward explained that the owner of the old bank building on Monterey Street had requested to present to the Council, asking if the Council would consider agendizing the item. City Attorney Callon explained that there could be no dialog between the Council and the property owner due to the existing litigation regarding the property, but a presentation could take place. The Council agreed to agendize the item under presentations. XII. CITY ATTORNEY'S REPORTS City Attorney Callon spoke on the unconstitutionality of Section 8.b.4 (b)(2) of the city code regulating campaign finance relating to independent committees, explaining that the courts have recently held that such limitations on independent committees as to expenditures, and now as to contributions, violated their First Amendment rights, and explained that the City would not enforce the section. XIII. ADJOURNMENT The Council adjourned the meeting at 7:58 p.m. SHAWNA FREELS, MMC w City Clerk City Council Meeting Minutes 10/15/2012