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Minutes 2012/11/19City of Gilroy City Council Meeting Minutes November 19, 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. Deputy City Clerk Jenny Knerr reported that the agenda had been posted on November 14, 2012 at 3:30rp.m. and the revised agenda was posted on November 15, 2012 at 1:00 p.m. Present: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent/Excused: Council Member Dion Bracco; Council Member Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions There were none. 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 Theresa Kiernan Board member of Mt. Madonna YMCA announced opening of new office in Gilroy. Chris Ghione Executive Director of the Gilroy YMCA spoke on program offerings. B. Bicycle Pedestrian Commission Annual Presentation to Council Scott Francks, chair of the Bicycle Pedestrian Commission presented the annual report. IV. REPORTS OF COUNCIL MEMBERS Council member Leroe -Munoz spoke on the Santa Clara Valley Water Commission's quarterly meeting at which they thanked the Gilroy City Council for passing a resolution in support of Measure B. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. 2 VI. CONSENT CALENDAR A. Minutes of October 25, 2012 Special Meeting B. Minutes of November 5, 2012 Regular Meeting C. Approval of Final Map for Harvest Park Tract No. 9950, APN's: 790 -06 -016, 029, 030, 032 and 033 Motion on Consent Calendar Items VI. A, B, C Motion: Approve Consent Calendar items with the exception of Item D Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward D. Approval of Property Improvement Agreement No. 2012 -03 with Civic Rancho Meadows, LLC for Harvest Park Tract No. 9950, APN's: 790 -06 -016, 029, 030, 032 and 033 Senior Engineer Mack and Community Development Director Abrams presented the staff report for Item VI.D. Motion on Item VI.D. Motion: to Approve Item VI.D Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Planned Unit Development and Architectural and Site Review to Allow the Construction of 68 Single - Family Homes on a 70.59 Acre Site Zoned Single Family Residential - Hillside Residential- Park/Recreation Facility Planned Unit Development (R1 -RH -PF /PUD) Located on the West Side of Rancho Hills Drive at Longmeadow and Sunrise Drives, APN 783 -20 -058, DeNova Homes Applicant; Z 12 -04 1AS 12 -39 The staff report was presented by Planner II Durkin Mayor Pinheiro opened the public hearing. Bill Scheid spoke on the outreach of the project and the neighbors support of it, and then shared concerns with the 3 undeveloped lots tied to the project suggesting that they go through the PUD process as well. Janet Espersen agreed with Mr. Scheid sharing the aesthetic beauty of the area asking that the area go back through the planning process. Tom Espersen stated that the three lots previous mentioned be left in a PUD as the community wanted the opportunity to be heard with any further development. 3 Applicant Derek Pampe with DeNova Homes spoke on the project sharing the outreach to the neighborhood property owners and solutions achieved. Mayor Pinheiro closed the public hearing. Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe. Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward Deputy City Clerk Knerr read the ordi -nance by 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 -04 and Thereby Amending the Planned Unit Development (PUD) Adopted by Ordinance 96 -5 to Include Specific Building Designs for the Homes Within the Area Covered by the PUD for a Property Located on the West Side of Rancho Hills Drive, Between Sunrise and Longmeadow Drives including staff conditions with three lots coming through the standard process and reducing fees where possible Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward; Third Motion on Item VIII.A. Motion: Direct Staff to Prepare a Resolution Approving A/S 12 -39 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward B. Continuance of a Public Hearing for an Amendment to Zoning Ordinance Section 50.62 to Create an Interim Exemption to the Residential Development Ordinance; Z12 -03 The staff report was presented by Planner II Durkin. The public hearing was opened Bill Scheid shared his concerns with the existing RDO system. Tom Espersen spoke on the needed changes to the RDO. Carolyn Tognetti of Save Open Space Gilroy spoke on the RDO allocations previously given sharing her concerns with a less restrictive policy explaining that development had started and a new RDO would cause for too much development at one time. Connie Rogers suggested that the current RDO be maintained stating that exemptions would become a slippery slope. The public hearing was closed. Motion on Item VIII.B. Motion: to Continue the Public Hearing to the January 28, 2013 Regular Meeting Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward IX. UNFINISHED BUSINESS A. Adoption of 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 There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance No. 2012 -14 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 Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro own Absent: Council Member Dion Bracco; Council Member Perry Woodward B. A Resolution of the City Council Approving TM 12 -02, A Tentative Map Creating 60 Residential Lots, 5 Open Space Lots, and 5 Private Streets on a Property of Approximately 7.45 Acres Located on Monterey Street at Eleventh Street, Between Tenth Street and Luchessa Avenue, APNs 799 -33 -048 Through 799 -33 -064, Signature Development Group c/o Tom Quaglia, TM 12 -02 There were no public comments. Motion on Item IX.B. Motion: Adopt Resolution No. 2012 -47 of the City Council Approving TM 12 -02, A Tentative Map Creating 60 Residential Lots, 5 Open Space Lots, and 5 Private Streets on a Property of Approximately 7.45 Acres Located on Monterey Street at Eleventh Street, Between Tenth Street and Luchessa Avenue, APNs 799 -33 -048 through 799 -33 -064 Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco;Council Member Perry Woodward C. A Resolution of the City Council of the City of Gilroy Approving AS 12 -29, Planned Unit Development (PUD) Architectural and Site Review for the Design of 60 Duet Homes on a Property of Approximately 7.45 Acres Located on Monterey Street at Eleventh Street, Between Tenth Street and Luchessa Avenue, APNs 799 -33 -048 through 799 -33 -064, Signature Development Group c/o Tom Quaglia, AS 12 -29 There were no public comments. 5 Motion on Item IX.C. Motion: Adopt Resolution No. 2012 -48 of the City Council of the City of Gilroy Approving AS 12 -29, Planned Unit Development (PUD) Architectural and Site Review for the Design of 60 Duet Homes on a Property of Approximately 7.45 Acres Located on Monterey Street at Eleventh Street, Between Tenth Street and Luchessa Avenue, APNs 799 -33 -048 through 799 -33 -064 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellarro M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward D. South Valley Middle School Pools Repair and Maintenance Cost Update The staff report was presented by Recreation Director De Leon and Facilities Manager Rick Brandini. Public Comment was opened Dom Payne spoke in support of having the pool repaired. Rebecca Perez spoke on the need for attention to the residents on the East side of the City. Eleanor Villarreal spoke in support of the city working to repair the pool as the children in the area needed to resource. Connie Rogers spoke on the recreational needs for the residents in the area and supported the Council continuing to look to repair the pool. Melissa Avila - Carroll spoke on the need for a swimming pool in the east side of the city. Motion on Item IX.D. Motion: to receive the report and send the item to the School District for further information and to work together with City staff Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -1 -2. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Peter Arellano M.D. Absent: Council Member Dion Bracco; Council Member Perry Woodward Mayor Pinheiro called for a five - minute break at 8:08 p.m. The meeting resumed at 8:13 p.m. X. INTRODUCTION OF NEW BUSINESS Amendment to the Neighborhood District Policy Adding Section 4.2 (E) to Provide an Additional Incentive to Projects that Meet Neighborhood District Target Densities The staff report was presented by Planner II Durkin. Public Comment was opened el Carolyn Tognetti, representing Open Space Gilroy, spoke on the need to adhere to the policy set and not to the needs of a developer and not amend the Neighborhood District Policy. Tom Fischer stated that he thought the project was a good one, but he believed a narrow exception to the RDO was necessary stating that the RDO and Neighborhood District need further study. Applicant James Suner spoke on the need for the amendment for his project sharing the affordability requirements that had been met. Dennis Lalor spoke on the deed restrictions and affordable housing requirements for the project. Public comment closed. Motion on Item X.A. Motion: to Adopt a Resolution No. 2012 -49 of the City Council of the City of Gilroy Approving an Amendment to the Neighborhood District Policy Adding Section 4.2 (E) with the addition of a three -year sunset clause for those properties currently in the Urban Service Area. Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward B. A Resolution of the City Council of the City of Gilroy Approving RDO HE 12- 02, an Application for a Housing Exemption From the Residential Development Ordinance for a Property Located West of Monterey Street, East and West of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 032, and 033; Harvest Park c/o James Suner, Applicant Mayor Pinheiro noted that public comment on the item had been taken under Item X.A. Motion on Item X. B. Motion: Adopt Resolution No. 2012 -50 of the City Council of the City of Gilroy Approving RDO HE 12 -02, an Application for a Housing Exemption from the Residential Development Ordinance for a Property West of Monterey Street, East and West of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 032, and 033 Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward Fiscal Year 2012 -2013 First Quarter Budget Review Finance Director Turner presented the staff report. There were no public comments. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XI11. 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: 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 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7341 Monterey Street, Gilroy Interim Center for the Arts, Gilroy, California Agency Negotiator: Thomas Haglund, City Administrator; Maria DeLeon, Recreation Director; Christina Turner, Finance Director Other Party to Negotiations: Kevin Heath Under Negotiations: Lease Terms There were no public comments on Closed Session. Motion to Adjourn to Closed Session on Item XIII.A. Motion: Assert the Attorney Client Privilege on Item XIILA and Adjourn to Closed Session Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward The Council entered closed session at 9:22 p.m. Motion to continue in closed session The Council voted to remain in closed session by the following vote: Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- M unoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Dion Bracco; Council Member Perry Woodward SHAWNA FRg�CS, MMC City Clerk