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Minutes 2011/03/28 City of Gilroy City Council Meetina Minutes March 28. 2011 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of allegiance. City Clerk Freels reported that the agenda was posted on March 23, 2011 at 1 :15 p.m. Roll Call Present: 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 Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Mayor Pinheiro thanked Mayor Pro Tempore Tucker for running the meeting on March yth, stating that he had been on business, not on vacation. He then congratulated new Department Heads: Kristi Abrams, Maria Deleon and Rick Smelser. Mayor Pinheiro then announced that the meeting would be adjourned in memory of David Vogel, sharing David's biography and history as an employee with the city. STUDY SESSION A. Policy Considerations in Exploring Third Party Provision of Fire Services of the City of Gilroy 9326 The staff report was presented by City Administrator Haglund. Council Member Peter Arellano M.D. joined the meeting at 6:12 p.m. There were no public comments. The Council took a 5 minute break at 6:35 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation Honoring Sig Sanchez for his service on the Santa Clara Valley Water District Board. 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 comments. B. Annual Presentation by the Library Bond Oversight Committee The presentation was given by Tony Marandos. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco thanked the community for attending opening day at Gilroy Gardens. - Council Member Tucker explained that the downtown dancing task force had been meeting and would be brining a recommendation to Council soon. Council Member Dillon explained that the library ad committee was ahead of schedule, and the project was currently under budget. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR B. Notice of Acceptance of Completion of the Monterey Road and Las Animas Traffic Signal Project C. Notice of Acceptance of Completion of the Federal Stimulus I, Citywide Sidewalk Rehabilitation Project No. 09-CDD-171 E. Agreement with Santa Clara County for Countywide Household Hazardous Waste Collection Program - F. Agency Agreement For Countywide AB939 Implementation Fee Motion on Consent Calendar Items B. C. E. F Motion: to Approve Items B, C, E, F Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. l 9327 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 A. Minutes of March 7, 2011 Regular Meeting Motion on Item VI.A. Motion: approve Minutes of March 7, 2011 Regular Meeting. 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 MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro Abstain: Council Member Perry Woodward D. Budget Amendment in the Amount of $25,000.00 for the Installation of a Speaker System Downtown Council Member Woodward recused himself from voting on the item explaining that he owned real property within 500 feet of the downtown. He then left the dais. Motion on Item VI.D. Motion: approve Budget Amendment in the Amount of $25,000.00 for the Installation of a Speaker System Downtown . Moved by Mayor Pro Tempore Cat Tucker, 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 VII. BIDS AND PROPOSALS A. Award of Bid Option 2a to Consolidated Resources Group for New Public Library Furniture, Project No. 11-CDD-184, Phase 3, in an Amount not to Exceed $714,172.00, Plus a $23,000.00 Contingency The staff report was presented by Public Works Director Smelser. There were no public comments. Motion on Item VII.A. Motion: to Approve Bid Option 2a to Consolidated Resources Group for New Public Library Furniture, Project No. 11-CDD-184, Phase 3, in an Amount not To Exceed $714,172.00, Plus a $23,000.00 Contingency, 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 VIII. PUBLIC HEARING A. Formation of the Deer Park Landscape Maintenance Community Facilities District No. 2011-1 There were no protests filed with the City Clerk. 9328 Mayor Pinheiro opened the public hearing. The staff report was presented by Senior Civil Engineer Hughes. There being no comments or protests filed, the public hearing was closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2011-15 of the City Council of the City of Gilroy of Formation of Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe Munoz. 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 '.;';~i'~,' ,."., Second Motion on Item VIII.A. Motion: to Adopt Resolution 2011-16 of the City Council of the City of Gilroy Calling a Special Landowner Election for Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) 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 - City Clerk Freels opened the ballots and reported the canvass of the vote. Third Motion on Item VIII.A. Motion: to Adopt a Resolution 2011-17 of the City Council of the City of Gilroy Declaring the Results of the Special Landowner Election and Directing Recording of the Notice of Special Tax Lien for Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe-Munoz. 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 Fourth Motion on Item VIII.A. Motion: to Read Ordinance by Title Only and Waive Further Reading of an Ordinance of the City Council of the City of Gilroy Levying Special Tax within Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) 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 -- City Clerk Freels read the ordinance by title. 9329 Fifth Motion on Item VIII.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Levying Special Tax Within Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. 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 IX. UNFINISHED BUSINESS A. Residential Development Ordinance Status Report, and Formation and Scope of Work of the Residential Development Ordinance/Neighborhood District Task Force The staff report was presented by Community Development Director Abrams. Public comment was opened. James Suner spoke on the number of parcels available for the shovel ready ordinance and RDO, explaining that there little available land within the city. He spoke on the work involved for a task force and suggested that the Council meet in several study sessions rather than create a task force. He then spoke on the need for impact fees, and the allocation process. Dick Oliver spoke as representative from Dividend Homes, Inc. stating that he had waited 10 years for the RDO process sharing his hopes of competing in the next competition. Tim Filice of Glen Loma Ranch agreed that the sub-committee focus should be on standards and the logistics of the RDO process to focus the effort. Public comment was closed. Motion on Item IX.A. Motion: to defer the next ROO competition for 12 months, and defer formation of a ROO/NO task force for 12 months, and develop a task force to focus on building standards. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano MD. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Bob Dillon X. INTRODUCTION OF NEW BUSINESS A. Review of the Draft Santa Clara Valley Habitat Plan (SCVHP) The staff report was presented by Senior Planner Ketchum. Public comment was opened. James Suner spoke on all of the development he had participated in within the city, explaining that he had never had to get a Federal "take" permit. He explained that the habitat plan had been built into a much larger plan, stating that it should be modified extensively. He then suggested that the city opt out of the plan as there was no real benefit to the City. 9330 Dick Oliver spoke on the Mesa Ridge project and modifications made for the Tiger Salamander explaining that the result was a one year delay in the development of the project, and loss of sales revenue due to the market losses. He explained that the plan as devised was not fair, as properties without habitat concerns were expected to pay into the plan, stating that there was contradiction in the plan if the habitat was viable. Jim Hoey of the Hecker Pass development explained that the Hecker Pass project wished to be treated as exempt from the plan because mitigation measures were already in place. He then explained that the Army Core of Engineers was not a part of the Habitat Conservation Plan, and would still need to be dealt with. Tim Filice asked if the Habitat Conservation Plan applied to approved vacant industrial parcels. He then explained that the fee for his development would be $800,000. He spoke on the discussions with staff on the entitlement status of the Glen Loma Ranch project. Chris Vanni of Hecker Pass Group explained that habitat issues that were in the Hecker Pass development agreement had not foreseen a plan that would encompass the entire project area. He explained that the project had a large amount of open space, and the fee on top of the open space would be a double impact. Ken Schriber, program manager for the Habitat Conservation Plan, shared the history of Gilroy's involvement in the Habitat Conservation Plan, and the 10% cost to the city explaining that a memorandum of understanding had been worked out prior to Gilroy joining the plan in 2005. He explained that Gilroy had a separate agreement for the City to join. He went on to explain that the habitat plan did not over-rule any type of local process for habitat, explaining that projects that provided substantial areas of rural land open space would not be subject to the fees, and the value of the water way in the Hecker Pass Specific Plan would add value to the plan and would receive concessions. Public comment was closed. - Failed Motion on Item X.A. Council Member Arellano motioned to continue with the process, and stay involved with stated concerns. The motion died for lack of a second. Failed Motion on Item X.A. Motion: to discontinue participation in the plan Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion failed 3-4. Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward No: Council Member Peter Arellano MD; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro Failed Motion on Item X.A. Motion: Provide Council Comments to the SCVHP Liaison Group and stay in the process Moved by Council Member Peter Arellano MD, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion failed 2-5. Yes: Council Member Peter Arellano MD; Council Member Peter Leroe-Munoz No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro - Motion on Item X.A. Motion: to take all appropriate steps to cease all further involvement with the HCP process. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. 9331 Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano MD; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker B. Establishment of a Trust Account for Sister City Takko Machi, Japan Mayor Pinheiro explained that Takko Machi had been impacted by the recent earthquake and his request was to have a way for people to donate to Takko Machi. There were no public comments. Motion on Item X.B. Motion: to Approve Establishment of a Trust Account for Takko Machi, Japan 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 X. INTRODUCTION OF NEW BUSINESS XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7453 Monterey Street, Gilroy, California Negotiators: Thomas Haglund, City Administrator Other Party to Negotiations: Miguel G. Gaeta Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.9 and Gilroy City Code Section 17A.8 (a) (2) Property: Old City Hall, 7400 Monterey Street, Gilroy, California Agency Negotiator: Thomas Haglund, City Administrator Other Party to Negotiations: Saffron Restaurant Group, Inc. Under Negotiations: Lease Terms C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7255, 7257, 7259, 7261 Monterey Street, Gilroy, California (APN 799-09-059) Negotiators: Thomas Haglund, City Administrator; Kristi Abrams, Community Development Director Other Party to Negotiations: Michael Miranda, and Chapter 7 trustee, John Richardson Under Negotiations: Price and Terms of Payment There were no public comments. Mayor Pinheiro adjourned the meeting in the memory of David Vogel. Motion to Continue in Closed Session The Council voted to continue in closed session by the following vote: 9332 Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Dion Bracco; Council Member Peter Leroe-Murioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro /') II r II