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Minutes 2011/02/07 City of Gilroy City Council Meetina Minutes February 7.2011 Mayor Pinheiro called the meeting to order at 5:31 p.m. Present: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano MD; Council Member Dion Bracco I. CLOSED SESSION A. TRAINING ON THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957; Gilroy City Code Section 17 A.11 (a); Consultation with: Denise Turner and Kurt Ashley of the Gilroy Police Department B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17 A.8 (a)(2) Property: Old City Hall, 7400 Monterey Street, Gilroy, California Agency Negotiator: Thomas Haglund Other party to negotiations: Saffron Restaurant Group, Inc. Under negotiations: Lease Terms Public comment was opened, and there being no comments, it was closed. Council Member Woodward stated that he believed the staff report for Item B should be discussed in open session. Council Member Tucker asked to hear from the City Attorney on Item B. 9509 City Attorney Callon explained that the Council could choose to hear the staff report in open session, explaining that the terms of the property negotiations should be discussed in closed session to protect the city's position. She then explained that the Council could vote on how best to proceed with the item. Mayor Pinheiro asked if the letter that had been provided by the lessee was to be discussed in open session. Council Member Woodward stated that he believed the letter was a public document, and should be shared in open session. City Attorney Callon explained that the letter was a public document. Council Member Tucker asked if precedence would be set if the item was discussed in open session, explaining that she believed that the Council's negotiation discussion should be protected. Council Member Woodward explained that there would be more transparency if the staff report and letter were discussed in open session stating that the Open Government Ordinance was enacted to try to be as open as possible. He concluded by stating that all strategy of negotiations could take place in closed session. Mayor Pinheiro asked if the party was aware the item was to be discussed in open session. City Attorney Callon explained that the party who wrote the letter could bring up issue with the item being discussed in open session if he had not been made aware of it previous to the meeting. Mayor Pinheiro asked for clarification of the items to be discussed in open session, asking if it would be the staff report, and letter; with the rest of the discussions in closed session. Council Member Woodward stated that he wished to hear the staff report in open session and the letter to be disclosed as a public document, and suggested that all negotiations take place in closed session. Mayor Pinheiro spoke on the ability to remain as open as possible, stating that the community would be provided the opportunity to know what was taking place. City Attorney Callon explained that there would be no precedence set if the staff report and letter were discussed in open session. Motion on Closed Session Item I. B. Motion: to proYide the letter as a public record, and to receiye the staff report in open session with public comment, with discussion of the response to the letter to take place in closed session. Moyed by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. Vote: Motion carried 4-1-2. Yes: Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Bob Dillon Absent: Council Member Peter Arellano MD; Council Member Dion Bracco City Attorney Callon explained that the staff report would not be disclosed as a public record. The Council adjourned to closed session on Item I.A. at 5:48 p.m. 9310 Motion to Continue in Closed Session The Council yoted to continue in closed session on Item I.A by the following vote: Yes: Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Bob Dillon Absent: Council Member Peter Arellano MD; Council Member Dion Bracco The Council reconvened in open session at 6:37 p.m. announcing there was no disclosable action from closed session. ..... B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a)(2) Property: Old City Hall, 7400 Monterey Street, Gilroy, California Agency Negotiator: Thomas Haglund Other party to negotiations: Saffron Restaurant Group, Inc. Under negotiations: Lease Terms .......,..'-"""" Mayor Pinheiro announced that the staff report was to be proVided in open session, and the letter would be provided to the public as a public record, explaining that the Council would then enter into closed session to discuss the item. The staff report was presented by City Administrator Haglund. Public comment was opened. Gary Walton spoke on the loss of business revenue and other issues which had caused the problems he was having with payment of the lease to the city. He stated that there were improvements that he had made to the building that he had not been reimbursed for, and explained that he was experiencing high utility costs due to the age of the building. He went on to explain that his business was positive for the downtown, asking that the same improvement credits be provided to him as had been given to the previous tenants. He then explained that his business had dropped by 60% and stated that he had voluntarily reduced rents for tenants in his own properties due to the economic climate. . 1 ~ ~ - Public comment was closed. The Council reconvened from closed session on Item LB. and Mayor Pinheiro announced that there had been no reportable action. The Council then adjourned for a five minute break. REGULAR MEETING I. OPENING A. Call to Order Mayor Pinheiro called the regular meeting to order at 7:35 p.m. and led the pledge of allegiance. The Invocation was given by Pastor Matt Valencia of Calvary Chapel. 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 J B. Orders of the Day Mayor Pinheiro asked to move New Business Item X.A. up the agenda following the consent calendar. l 9311 II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented certificates of appreciation to outgoing Board, Commission and Committee Members. Mayor Pinheiro read the Proclamation naming March 6, 2011 as Gilroy Tennis Night in America. Mayor Pinheiro recognized the Chamber of Commerce 2010 Award Winners 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 There were no public comments. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Tucker spoke on the upcoming Caltrain community outreach meeting on February 1 ih at the Senior Center, explaining that service cuts to Gilroy would be discussed. . Council Member Woodward stated that the VT A was addressing the service cut issue explain that Sam Trans had taken budget cut backs in their contribution to the funding to Caltrain, and VTA was working to find a way around the problem in order to maintain the Diridon to Gilroy line. Council Member Dillon praised the Gilroy PD for their recent apprehension of the out of town murders. MAYOR'S REPORT Mayor Pinheiro announced that the Downtown Association was working on a list of costs for the downtown sound system for bidding purposes. He then announced the new Downtown Association website and went on to explain that the report in the press that the City of Gilroy was relocating pigeons in the downtown areas was incorrect. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were no items. VI. CONSENT CALENDAR. A. Minutes of January 24, 2011 Regular Meeting B. A Resolution 2011-07 of the City Council of the City of Gilroy Rescinding Resolution 2009-10, and Establishing New Procedures and Penalties for Parking Violations and Late Payment Penalties C. Open Recruitment for One (1) Open Seat on the Parks and Recreation Commission Motion on Consent Calendar Motion: to approye the consent calendar Moved by Council Member Peter Arellano MD, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. 9312 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. INTRODUCTION OF NEW BUSINESS A. Review of City Alarm Ordinance The staff report was presented by Police Chief Turner. ~ Council Member Bracco recused himself from discussing the item, explaining that his wife worked directly on the alarm processes for the Police Department. He then left the council chambers. Motion on Item X.A. Motion: approve stay on the enforcement of the annual fee in section 3B.7 and development of data base in the current ordinance until a new ordinance is crafted to take out the annual registration fee as suggested by Council Member Arellano. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 6-0-1. 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 Absent: Council Member Dion Bracco VII. BIDS AND PROPOSALS A. Award of Bid for Way-finding Signs - Phase1, Project No. 11-CDD-185, to Nuno Irons & Manufacturing Inc. in the Total Amount of $61,800.63 - Council Member Bracco returned to the meeting. The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VII.A. Motion: to Approve Award of Bid to Nuno Irons & Manufacturing Inc in the Total Amount of $61,800.63, for Way-finding Signs- Phase 1, Project No. 11-CDD-185, and Authorization to the City Administrator to Execute Related Documents Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. 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. Award of Bid for Gilroy Crossing Offsite Improvements, Project No. 11-CDD- 183, to Graniterock in an Amount Not to Exceed $359,524.00, Including Bid Alternative A - The staff report was presented by Operations Manager Stubchaer. Council Member Woodward recused himself from deliberations on the item, explaining that he was representing a party who was suing the Graniterock company. He then left the council chambers. There were no public comments. l 9313 Motion on Item VII.B. Motion: to Approye Bid for Gilroy Crossing Offsite Improvements, Project No. 11- CDD-183, to Graniterock in an Amount Not to Exceed $359,524.00, Including Alternatiye A, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Peter Arellano MD, seconded by Council Member Bob Dillon. 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 C. Award of Lions Creek Trails Projects Bid, Project Nos. 11-CDD-181 & 11-CDD- 182, to Top Grade Construction, Inc. in an Amount Not to Exceed $1,196,038.00 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.C. Motion: approve Motion to award the bid for $1,149,740. 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. PUBLIC HEARINGS A. Formation of Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance District) Located off Santa Teresa Blvd., Rancho Hills/Deer Park Tract 9966 The staff report was presented by Craig Hill of Northcross & Nash. The staff report was continued by Senior Civil Engineer Hughes. The public hearing was opened, there being no comments it was closed. Motion on Item VIII.A. Motion: to Adopt a Resolution 2011-08 of the City Council of the City of Gilroy Approving the Second Amended Local Goals, Policies and Procedures for Land- Secured Financings Moved by Council Member Peter Arellano MD, seconded by Council Member Perry Woodward. Vote: Motion carried 6-1. 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 Second Motion on Item VIII.A Motion: to Adopt a Resolution 2011-09 of the City Council of the City of Gilroy of Intention to Establish a Community Facilities District 2011-1 Moved by Council Member Peter Arellano MD, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. 9314 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 IX. UNFINISHED BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving ROO HE 10- 03, an Application for a Shovel-Ready Project Exemption from the Residential Development Ordinance, DeNova Homes, APN 783-20-061 There were no public comments. Motion on Item IX.A. Motion: to Adopt A Resolution 2011-10 of the City Council of the City of Gilroy Approving ROO HE 10-03, an Application for a Shovel-Ready Project Exemption from the Residential Development Ordinance, DeNova Homes, APN 783-20-061 (ROLL CALL VOTE) Moved by Mayor Pro Tempore Cat Tucker, 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 B. An Ordinance of the City Council of the City of Gilroy Approving Application Z 10-05 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single-Family Residential-Planned Unit Development) on Approximately 7.6 Acres Located South of Sprig Way, Between Rodeo Avenue and Santa Teresa Boulevard, APN 783-20-061 ~ Motion on Item IX.B Motion: to read the Ordinance by title only Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. 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 City Clerk Freels read the ordinance title. Second Motion on Item IX.B Motion: to Introduce An Ordinance of the City Council of the City of Gilroy Approving Application Z 10-05 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single-Family Residential-Planned Unit Development) on Approxill1ately 7.6 Acres Located South of Sprig Way, Between Rodeo Avenue and Santa Teresa Boulevard, APN 783-20-061 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. 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 - C. An Ordinance of the City ,Council of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until December 31, 2013, and Amending Section 7.4 l 9315 Council Member Woodward recused himself from deliberating' on the item explaining that he owned real property within the district. He then left the Council chambers. The staff report was presented by Acting Community Development Director Abrams. There were no public comments. Motion on Item IX.C. Motion: to Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Arellano MD, seconded by Council Member Peter Leroe-Munoz. 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 City Clerk Freels read the ordinance title. Second Motion on Item IX.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until December 31,2013, and Amending Section 7.4 Moved by Council Member Peter Arellano MD, seconded by Council Member Peter Leroe-Munoz. Vote: Motion carried 5-1-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor AI Pinheiro No: Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward D. Unreinforced Masonry (URM) Task Force Update Council Member Woodward returned to the dais. The staff report was presented by Acting Community Development Director Abrams. Public comment was opened. Gary Walton spoke stated that the suggestions were a workable approach and explaining that the life-safety standards were not being reduced. He explained that the ability to repair the buildings was not the issue and suggested a revolving loan fund to help the property owners repair their buildings. Jose Montes spoke on the retro-fitting of URM buildings, suggesting that the process be expedited. He suggested that he may not make it all the way through the process in 2 years if not expedited. Public comment was closed. Motion on Item IX.D. Motion: to Direct Staff to Amend Gilroy City Code Article VI Entitled "Seismic Safety", Section 6.45, with the Unreinforced Masonry Task Force Final Recommendations. Moved by Council Member Perry Woodward, 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 9316 E. An Ordinance of the City Council of the City of Gilroy Approving Z 10-07 to Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right Ground Floor Office Uses for A Period of Three (3) Years in the Downtown Historic District The staff report was presented by Development Center Manager Abrams. There were no public comments. Motion on Item IX.E. Motion: to read the ordinance by title only. Moved by Mayor Pro Tempore Cat Tucker, 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 ~ City Clerk Freels read the ordinance title. Second Motion on Item IX.E. Motion: to Introduce An Ordinance of the City Council of the City of Gilroy Approving Z 10-07 to Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right, Ground Floor Office Uses for A Period of Three (3) Years in the Downtown Historic District Moved by Mayor Pro Tempore Cat Tucker, 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 - F. Approval of Amendments to Council Agreements There were no public comments. Motion on Item IX.F. Motion: to Approve Amended Council Agreements Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. 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 XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. 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. Motion to Continue in Closed Session The Council voted to continue in closed session on Items XIII.A by the following vote: 9317 Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Dion Bracco; Council Member Peter Leroe-Mulioz; Mayor Pro Tempore Cat Tucker; ; Council Member Perry Woodward; Mayor AI Pinheiro;