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Minutes 2011/01/24 City of Gilroy City Council Meetina Minutes January 24. 2011 I. OPENING A. Call to Order Mayor Pinheiro called the regular meeting to order at 6:35 p.m. and led the pledge of allegiance. City Clerk Freels reported that the agenda had been posted on January 19, 2011 at 11 :00 a.m. Roll Call Present: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day l I 9303 C. Proclamations, Awards and Presentations Mayor Pinheiro presented certificates of appreciation to Outgoing Board, Commission and Committee Members Karen LaCorte and Dia Hoshida of the Arts and Culture Commission, Kathleen Clarke and Steve Ashford of the Parks and Recreation Commission, Bruce Morasca of the Public Art Committee, and Terri Aulman of the Historic Heritage Committee. II. 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. III. REPORTS OF COUNCIL MEMBERS There were no reports. MAYOR'S REPORT A. Update on Unreinforced Masonry Building (URM) Ad-Hoc Committee Mayor Pinheiro spoke on a recent URM Ad-Hoc committee meeting with ten (10) of the Bank Managers in the community to identify funding for the URM buildings in the downtown area. B. Revised City Council Meeting Agenda Format Mayor Pinheiro shared the suggested meeting format, changing the opening items prior to any study session or closed sessions. Motion on Item B. Motion: to Approve the Revised Agenda Format Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro IV. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. v. CONSENT CALENDAR A. Minutes of December 13, 2010 Special Meeting B. Minutes of January 10, 2011 Regular Meeting C. Notice of Acceptance of Completion for Sidewalk Improvement Project, Project No. 09-CDD-166 D. Approval of Bicycle Friendly Community Application with the League of American Bicyclists, and Authorization to the City Administrator to Execute Related Documents E. Opening of the Recruitment for One (1) Open Seat on the Historic Heritage Committee 9304 F. Opening of the Recruitment for Two (2) Open Seats on the Building Board of Appeals G. Resolution 2011-06 Supporting the "Let's Move" Campaign Motion on the Consent Calendar Motion: to approve the Consent Calendar Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Award of Christmas Hill Park Parking Lot Rehabilitation Project Contract, Project No. 11-CDD-186 to Jos J. Albanese, Inc., in the Amount Not to Exceed $232,109.90, Including Bid Alternates 1 and 2 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VI.A. Motion: to Approve Award of Bid for the Christmas Hill Park Parking Lot Rehabilitation Project Contract, Project No. 11-CDD-186, to Jos J. Albanese, Inc., in the Amount Not to Exceed $232,109.90, Including Bid Alternates 1 and 2, and Authorize the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Award of Lions Creek Trails Project Contract, Project Nos. 11-CDD-181 and 11- CDD-182 to Don Chapin Construction Co., in the Amount of $1,196,038.00 Staff suggested the item be pulled from the agenda. Motion on Item VI.B. Motion: to pull the Bid for the Lions Creek Trails Project Contract, Project Nos. 11-CDD-181 and 11-CDD-182, to Don Chapin Construction Co., in the Amount of $1,196,038.00, from the agenda Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano MD. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. PUBLIC HEARINGS ..,..,.....,..,... A. Residential Housing Exemption Request to Allocate 41-residential Units to a Property Located South of Sprig Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061, Rancho Meadows IV Subdivision Project, DeNova Homes c/o Skip Spiering Applicant; RDO-HE 10-03 The staff report was presented by Planner II Durkin. The Public Hearing was opened. 9305 Skip Spiering spoke on the decline in the sale of duplexes and explained that the jog of the sound wall caused sound to travel up. He then spoke in support of providing funding for a girls softball field. He also explained that he was in objection to the duplexes as recommended by the Planning Commission. The public hearing was closed. Council Member Bracco, Mayor Pro Tempore Tucker, and Council Member Dillon stated that they had all spoken with the developer regarding the project. Motion on Item VII.A. Motion: to Adopt the Rancho Meadows IV Subdivision Negative Declaration Finding That on the Basis of the Record (including the initial study and comments) there is no Substantial Evidence that the Project will have a Significant Effect on the Environment, and that the Mitigated Negative Declaration Reflects the Independent Judgment and Analysis of the City, approving 41 single family homes with the same terms and conditions as the Planning Commission recommended, with landscaping consistent to the adjacent southern development, and requiring that the developer provide $50,000.00 to be used to create a girls softball field if possible, with a recommendation from the Parks and Recreation Commission of the best recreational or park use of the money. Moved by Council Member Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Mayor AI Pinheiro Second Motion on Item VII.A. Motion: to Direct Staff to Prepare a Resolution to Approve RDO-HE 10-03 and to Return Thirty-nine (39) Units to the RDO Competition Pool; for a project of 41 single family homes with the same terms and conditions as the Planning Commission recommended, with landscaping consistent to the adjacent southern development, and requiring that the developer provide $50,000.00 to be used to create a girls softball field if possible, with a recommendation from the Parks and Recreation Commission of the best recreational or park use of the money. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Third Motion on Item VII.A. Motion: to Direct Staff to Prepare an Ordinance Approving Z 10-05, a project of 41 single family homes with the same terms and conditions as the Planning Commission recommended, with landscaping consistent to the adjacent southern development, and requiring that the developer provide $50,000.00 to be used to create a girls softball field if possible, with a recommendation from the Parks and Recreation Commission of the best recreational/park use of the money. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro 9306 Fourth Motion on Item VII.A. Motion: to Direct Staff to Prepare a Resolution Approving TM 10-04, a project of 41 single family homes with the same terms and conditions as the Planning Commission recommended, with landscaping consistent to the adjacent southern development, and requiring that the developer provide $50,000.00 to be used to create a girls softball field if possible, with a recommendation from the Parks and Recreation Commission of the best recreational/park use of the money. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Fifth Motion on Item VII.A. Motion: to Direct Staff to Prepare a Resolution Approving AS 10-19, a project of 41 single family homes with the same terms and conditions as the Planning Commission recommended, with landscaping consistent to the adjacent southern development, and requiring that the developer provide $50,000.00 to be used to create a girls softball field if possible, with a recommendation from the Parks and Recreation Commission of the best recreational/park use of the money. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. UNFINISHED BUSINESS A. Amendment to Section 19 of the Gilroy Zoning Code to Allow for Ground Floor Office Uses by Right in the Downtown Historic District for a Period of Three (3) Years, Z 10-07 The staff report was presented by Acting Community Development Director Abrams. There were no public comments. Motion on Item VIII.A. Motion: to Direct Staff to Prepare an Ordinance Approving Z 10-07 Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward IX. INTRODUCTION OF NEW BUSINESS A. Sixth Street and Eigleberry Street Stop Sign Request The staff report was presented by Traffic Engineer Dey. W,'" There were no public comments. Motion on Item IX.A. Motion: to direct Staff to provide Council with an estimate of the costs for stop signs for the two corridors Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 6-1. 9307 Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Dion Bracco B. Review of City Attorney's Office FY10 Billing The staff report was presented by Human Resources Director Mc Phillips. City Attorney's Faber and Callon spoke additionally on the staff report. Motion on Item IX.B. Motion: to accept the report and take no action. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Leroe- Munoz; Council Member Perry Woodward C. Update on New Library Project The staff report was presented by City Engineer Smelser and David Richards of Harley Ellis Devereaux, the library architect. There were no public comments. Council Member Arellano asked staff to put together a tour of the facility for the Council. Motion on Item IX.C. Motion: to Receive the Report Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Presentation of Fiscal Year 2009/2010 Audited Financials The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item IX.D. Motion: to Receive the Report Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund reminded the Council of the City Council Goal Setting Session January 28th and 29th. Council Member Dillon complimented City staff for the quick action at a recent drug raid. XI. CITY ATTORNEY'S REPORTS l I I , 9308 There was no report. XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17 A.8 (a)(2); Property: 1541 Bianca Way, Gilroy, California; Negotiators: Thomas Haglund, City Administrator; Kristi Abrams, Acting Community Development Director; Under Negotiations: Price and Terms of Payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (a) (4); NamelTitle: Shawna Freels, City Clerk There were no public comments. The Council adjourned to Closed Session at 9:41 p.m. Motion to Continue in Closed Session The Council voted to continue in closed session on Items XII.A and XII.B by the following vote: Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; ; Council Member Perry Woodward; Mayor AI Pinheiro There were no closed session announcements.