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Minutes 2012/11/05City of Gilroy City Council Meeting Minutes November 5, 2012 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:01 p.m. and led pledge of allegiance The invocation was given by Associate Pastor Bill Hawkins of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on October 31, 2012 at 11:30 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. C. Introductions There were no new employee introductions. II.CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. 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 James Suner requested that his project Harvest Park be agendized before Council on November 19, 2012. Public comment was closed. B. Public Art Committee Annual Presentation to Council The presentation was given by Shirley Willard, Chair of the Public Art Committee. C. Presentation by Dan Shaw Regarding a Property Located at 7601 Monterey, APN 799 -04 -008 Dan Shaw stated that the property ownership had recently submitted an architectural and site application for a new structure, and then went on to explain that the Federal Government Services Administration was entering into an agreement to use the building for a Social Security Office. He explained that his application fell within the staff approval process stating that he was ready to pull building permits as soon as it was approved. He concluded by sharing previous problems with ownership of the property and abating the old building. City Council Meeting Minutes 11/5/2012 2 Mark Sanchez stated that the site would work well for the Governmental Services Administration sharing the RFP process and ability to affect a lease. He explained that there would also be retail space for 1 -3 tenants. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco explained that the Library JPA had been dealing with issues brought up by Los Altos and Los Altos Hills regarding the JPA funding formula, explaining that there could be changes with the JPA in the future. Council Member Leroe -Munoz thanked Recreation staff for their work on the previous weekend's fun run. Council Member Dillon wished everyone well in the next day's election. MAYOR'S REPORT Mayor Pinheiro thanked the community for participating in the exchange club dinner the previous weekend. He then announced that the Council would hold a special meeting on Friday, December 7th at 6:00 p.m. to receive the official election canvass and swearing in of new Council Members. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pinheiro requested that the Harvest Park RDO -HE 12 -02 be agendized on November 19th as requested by the applicant during public comment. City Attorney Callon asked that staff carefully look at the zoning code to ensure that no public noticing issues be missed. The council agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of October 15, 2012 Regular Meeting B. Appointment of (1) One Member to the Housing Advisory Board with a Term Expiration of September 30, 2014 C. Opening of the Annual Recruitment Period for Boards, Commissions and Committees D. Appointment of (1) One Member to the Sign Ordinance Review Task Force E. Notice of Acceptance of Completion of Wildflower Court Subdivision, Tract No. 9703 Motion on the Consent Calendar Motion: approve Approval of Items A, B, C, D, E 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 City Council Meeting Minutes 11/5/2012 VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Request for a Change in Zoning Designation from Gateway District (GD) to Gateway District - Planned Unit Development (GD -PUD) on Approximately 7.45 Acres Located on Monterey Street at Eleventh Street, Between Tenth Street and Luchessa Avenue, APN's 799 -33 -048 Through 799 -33 -064, Signature Development Group c/o Tom Quaglia, Z12 -02 Council Member Bracco recused himself from deliberations on the item explaining that he owned property within 500 feet of the subject property. He then left the Council chambers. The staff report was presented by Planner II Durkin. Tom Qualia spoke on the application explaining the outreach conducted within the neighborhood and work with staff stating that the project plan had changed quite a lot, explaining in detail the project highlights. The public hearing was opened. Bob Spaner on Garden Court stated that the members of the adjacent neighborhoods were concerned about the lighting and was glad to hear 11th street would not go all the way through. The public hearing was closed. Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading with addition of ADA sounding device at crosswalks. Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6- 0 -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 Abstain: Council Member Dion Bracco City Clerk Freels read the ordinance title. Second Motion on Item VIII.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Application Z 12 -02, a Change in Zoning Designation From Gateway District (GD) to Gateway District - Planned Unit Development (GD -PUD) on Approximately 7.45 Acres Located on Monterey Street Between Tenth Street and Luchessa Avenue, APN's 799 -33 -048 Through 799 -33 -064 with the suggested amendments. Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6- 0 -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 Abstain: Council Member Dion Bracco City Council Meeting Minutes 11/5/2012 Third Motion on Item VIII.A. Motion to Direct Staff to Prepare a Resolution Approving TM 12 -02 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6- 0 -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 Abstain: Council Member Dion Bracco Fourth Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving AS 12 -29 with the suggested amendments. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6- 0 -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 Abstain: Council Member Dion Bracco B. Public Hearing Concerning the Issuance of Multifamily Housing Revenue Bonds for Gilroy Park Apartments by the California Statewide Communities Development Authority The staff report was presented by Finance Director Turner. The public hearing was opened, there being no comment, the hearing was closed. Motion on Item VIII.B. Motion: Adoption of Resolution 2012 -45 of the City Council of the City of Gilroy Approving the Issuance By the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for Gilroy Park Apartments Moved by Council Member Peter Leroe- Munoz, 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 IX. UNFINISHED BUSINESS A. Adoption 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 There were no public comments. Motion on Item IX.A. Motion: Adoption of Ordinance 2012 -13 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 City Council Meeting Minutes 11/5/2012 5 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 X. INTRODUCTION OF NEW BUSINESS A. Report on Installation of ADA Pedestrian Safety Improvements at City Traffic Signals The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item X.A. Motion: to direct staff to prioritize the crosswalk intersections within the city, and return during the capital improvement budget process with the costs to install the improvements. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. 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. Adoption of a Complete Streets Policy for the City of Gilroy The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item X.B. Motion: Adoption of Resolution 2012 -46 of the City Council of the City of Gilroy Adopting a Complete Streets Program 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 C. Report'on Wren Avenue Crosswalk at Byers Street The staff report was presented by Transportation Engineer Dey. Dominic Cefalu asked Council to provide a safe crosswalk stating that the lack of a crosswalk wasn't keeping children from crossing to the park and school, which was a huge safety concern. He stated that there hadn't been any accidents at the previous crosswalk while he had been living in the area. Arnold Sevetter stated that children and families were still attempting to cross in the area where the crosswalk had been, to get to the park, which he believed was a huge safety concern. Ginger Hobert stated that she had submitted concerns t the city regarding the removal of the crosswalk, but had not heard back from the city. She then shared her concerns with children crossing the street to get to school and went on to explain that there were City Council Meeting Minutes 11/5/2012 6 other safety implementations being done on the other side of the school. Eric Holman stated that when there was a crosswalk it had been legal to cross the street and motorists were required to yield, and without the crosswalk, there were safety concerns. Failed motion Motion: to provide direction to Staff to provide Council with a cost estimate for bulb outs, lights, and an island in the center as a plan to make a safe crossing. Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter Leroe- Munoz. Vote: Motion failed 2 -5. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe -Munoz No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Motion on Item X.C. Motion: to direct staff to paint the crosswalk back, and then conduct a review for safety bulb outs, islands and lighting and return to Council for further consideration. Moved by Council Member Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -2. Yes: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro No: Council Member Peter Arellano M.D.; Council Member Peter Leroe -Munoz D. A Resolution of the City Council of the City of Gilroy Supporting the Schools and Local Public Safety Protection Act (Proposition 30) The item was presented by Human Resources Director McPhillips. Public comment was opened. Melanie Corona suggested that the City Council publically support the school district by approving the resolution. Cheryl Galloway spoke in support of proposition 30 stating that as a teacher at Brownell Middle School she saw the need for the funding to ensure the school year was not further cut. Jaime Rosso, Gilroy School Board Member, spoke in support of the Council adopting the resolution sharing the fiscal impacts on local schools and revenue generated by the passing of the proposition. Public comment was closed. Failed Motion on Item X. Motion: to Adopt Resolution 2012 -47 of the City Council of the City of Gilroy Supporting the Schools and Local Public Safety Protection Act (Proposition 30) Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion failed 3 -4. Yes: Council Member Peter Arellano MD; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor Al Pinheiro E. Policy for the Process of Selecting Sister City Relationships Between the City of Gilroy and Prospective Sister Cities City Council Meeting Minutes 11/5/2012 Mayor Pinheiro presented the item. There were no public comments. Motion on Item X.E. Motion: to Adopt a Policy for the Process of Selecting Sister City Relationships Between the City of Gilroy and Prospective Sister Cities 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 Mayor Pinheiro then thanked Transportation Engineer Dey for his 8 1/2 years of service to the city, sharing his background and successes and wishing him well in retirement. The full Council and audience gave Transportation Engineer Dey a standing ovation. XI. CITY ADMINISTRATOR'S REPORTS There was none. XII. CITY ATTORNEY'S REPORTS There was none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (1) One Case Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: The People of the State of California (The City of Gilroy, California) v BDS Capital, Inc., Daniel Shaw, Principal BDS Capital, Inc. Case No. FF930886 Superior Court of California in and for the County of Santa Clara Date Case Filed: August 11, 2009 Mayor Pinheiro explained that item XIILA had been placed on the agenda in the event there was a need for it following the earlier presentation to Council. City Attorney Callon explained that it was not necessary to enter into closed session on the item. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and Monterey Streets) Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance Director Other Party to Negotiations: Fran and Bobby Baudette Under Negotiations: Lease Terms Mayor Pinheiro stated that he would be recusing himself from deliberations on closed session Item B. explaining that the owner of the Garlic City Casino was an insurance client of his. The Council entered into closed session at 9:07 p.m. City Council Meeting Minutes 11/5/2012 Motion to continue in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 6 -0 -1. 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 Absent: Mayor Al Pinheiro City Clerk City Council Meeting Minutes 11/5/2012