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Minutes 2013/01/28City of Gilroy City Council Meeting Minutes January 28, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of allegiance was lead by Mayor Pro Tempore Woodward. The invocation was given by Ruth Breton of the Gilroy Baha'i Community. City Clerk Shawna Freels announced that the agenda had been posted on January 23, 2013 at 3:00 p.m. Roll Call Present: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent/Excused: Council Member Peter Arellano M.D.; Council Member Terri Aulman Mayor Gage announced that Council Member Terri Aulman was home sick with the flu. B. Orders of the Day Mayor Gage asked that Item IX.B — "Demolition of Building at 7453 Monterey Street" be heard prior to Item VIII.B — "Zoning Ordinance Text Amendment to Section 44 Street Furniture Objects ". C. Introductions There were no employee introductions. Council Member Peter Arellano M.D. joined the meeting at 6:09 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented the certificates of appreciation to outgoing Board, Commission and Committee Members Mayor Gage presented a proclamation naming February 11, 2013 . as California State Council of Epsilon Sigma Alpha Day in Gilroy. Mayor Gage read the list of the Chamber of Commerce Annual Spice of Life Awardees and announced that proclamations of congratulations would be presented at the Chamber award dinner. 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 on items not on the agenda. City Council Meeting Minutes 1/28/2013 2 IV. REPOTS OF COUNCIL MEMBERS Council Member Bracco reported that the Library JPA was working on the "Silicon Valley Reads" program which was aimed at celebrating returning military personnel. He then explained that the JPA had conducted a survey and the Gilroy library had received a rating of 9.6 out of 10 for parking. He concluded by explaining that the library would be implanting computer chips into books covers for checking out and returning books. Mayor Pro Tempore Woodward reported that at the recent VTA Board meeting the Board had approved the replacement of all of the local buses serving the Gilroy area with hybrid buses. MAYOR'S REPORT Mayor Gage reported that the Gilroy Economic Development Corporation was working to create a performance plan with actions items and performance measurements, and then spoke on the upcoming Gilroy Downtown Business Association Board meeting scheduled on February 5th and retreat February 15th. He spoke on the recent visit of Sister Cities students from Takko Machi, Japan and explained that he had been appointed to the Santa Clara Co. Cal -ID Remote Access Network Board to fill a vacated seat. He explained that the next Santa Clara Valley Habitat Conservation Plan meeting was scheduled on the 3rd of February, and the SCRWA Board would be meeting on February 6th. Mayor Gage went on to discuss his recent meeting with Gilroy Unified School District staff and Board Members, explaining that the schools had recently been assessed for safety including fencing and sidewalk issues. He shared ongoing maintenance issues at various schools in the District and spoke on the discussions regarding the repair of the South Valley Middle School pool explaining that the School District would not be funding any repairs. He then spoke on the Chamber of Commerce annual retreat on January 25th and the presentation he had given at the Chamber Networking Cafe group on January 23`d and concluded by sharing the success of his first Coffee with the Mayor and explaining that he was holding meetings with all of the city staff. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of January 7, 2013 Regular Meeting Motion on the Consent Calendar Motion: to Approve Consent Calendar Item A Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman VII. BIDS AND PROPOSALS Vlll. PUBLIC HEARINGS A. Continuance of a Public Hearing for an Amendment to Gilroy Zoning Ordinance Section 50.62 to Create an Interim Exemption to the Residential Development Ordinance City Council Meeting Minutes 1/28/2013 3 The staff report was presented by Part Time Planning Division Manager Bischoff. The public hearing was opened; there being no comments, the hearing was closed. Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman Second Motion on Item VIII.A. Motion: to continue the item to February 25, 2013 with direction to staff to provide the following: determine a way to restrict the use of the allocations with an RDO agreement, provide Council with the number of outstanding allocations currently out that could be taken back, and provide more specifics regarding existing projects that may have amendments approved by staff if found to be equal or better. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman IX.B. Demolition of Building at 7453 Monterey Street - Project No. 13 -PW -203 and Review of Options for Required Structural Modifications Mayor Pro Tempore Woodward recused himself from deliberations explaining that he owned a property within 500 feet of the project site. He then left the City Council Chambers. The staff report was presented by Senior Engineer Mack. Public comment was opened; there being no comments, it was then closed. Motion on Item IX.B. Motion: to Approve Structural Modifications Option 1, and Associated Budget Amendment in the Amount of $380,000.00 Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker Absent: Council Member Terri Aulman Abstain: Mayor Pro Tempore Perry Woodward Mayor Pro Tempore Woodward returned to the dais. VIII. B. Zoning Ordinance Text Amendment to Section 44 "Street Furniture Objects" of the Gilroy Zoning Ordinance to Modify Requirements Related to the Placement of Street Furniture Objects in the Public Right of Way The staff report was presented by Development Center Manager Butler. The public hearing was opened. City Council Meeting Minutes 1/28/2013 0 Mark Zappa spoke on the additional fees to a small business, and concerns with additional regulations. He then spoke on removing already sparse public parking on the main street, explaining that the existing cafe seating on the sidewalk areas was sufficient. James Suner spoke on the Downtown Association discussions on the item explaining that the association endorsed the proposal with the only concern being the permit fee. The public hearing was then closed. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman Second Motion on Item VIII.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Gilroy Zoning Ordinance Section 44 to Modify Regulations Related to Street Furniture Objects 4 feet Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman Third Motion on Item VIII.B. Motion: to Adopt Resolution 2013 -02 of the City Council of the City of Gilroy Adopting a Policy for the Placement of Street Furniture Objects in the Public Right of Way with no plastic furniture, no fees and return to council within a year for review 4 Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman C. Amendment to the City General Plan Land Use Map to Re- designate as Many as 14 Parcels from General Services Commercial and Low Density Residential to High Density Residential. Parcels Considered for Re- designation are: Area 2: APNs 808 -01 -021, 808 -01 -022 and 808 -01 -023; Area 3: APNs 790 -21 -041, 790- 41 -055 and 790- 41 -67; Area 4: APNs 790 -35 -001 and 790 -36 -002; Area 5: APNs 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036 and 790 -15 -041; Area 6:APN 808 -39 -066 (GPA 12 -01) Amendment to the Downtown Gilroy Specific Plan to Establish a Minimum Density of 20 Units Per Acre for the Residential Portion of Mixed Use Projects in the Historic District, Cannery District and Expansion District (Z 12 -08) Zoning Ordinance Text Amendment to Establish a Minimum Density of 20 Units Per Acre in the R -4 High Density Residential Zoning District and Residential Portion of Mixed Use Projects in the Historic, Cannery and Expansion Districts of the Downtown Gilroy Specific Plan (Z 12 -06) City Council Meeting Minutes 1/28/2013 Amendment to the City Zoning Map to Rezone as Many as 15 Parcels from R -3 Medium Density Residential, R -1 Single Family Residential, C -3 Shopping Center Commercial and CM Commercial Industrial to R -4 High Density Residential. Parcels Considered for Rezoning are: Area 1: APN 808 -01 -016; Area 2: APNs 808 -01 -021, 808 -01 -022 and 808 -01 -023; Area 3: APNs 790 -21 -041, 790 -41 -055 and 790 -41 -067; Area 4: APNs 790 -35 -001 and 790 -36 -002; Area 5: APNs 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036 and 790 -15 -041; Area 6: APN 808 -39 -066 (Z 12 -07) Mayor Pro Tempore Woodward disclosed that he owned properties within the cannery and downtown expansion districts, and would only be participating in the discussions of zoning areas that were not specific to his properties zoning designations. The staff report was presented by Part Time Planning Division Manager Bischoff. The public hearing was opened. Mark Zappa spoke on the density in zone 6 suggesting that the Council follow the Planning Commission recommendations for the area. Karyn Corbett also spoke on the zone 6 zoning designation recommendations by the Planning Commission suggesting that the traffic in the area be looked at. Diana Torres stated that she was concerned with zoning area 6 stating that there was currently a huge traffic and school impact in the area, which was already overly impacted by high density housing. Dom Imwalle spoke in support of the zoning in the area at First Street and Santa Teresa which he owned, explaining that he could only develop the area with allocations, asking for an exemption to allow for allocations for the rezoned properties. Ray Blagof spoke on the area 6 zoning stating that he owned the property immediately adjacent to the specific parcel proposed for rezoning and agreed with the Planning Commission recommendation to not rezone parcel 6. The public hearing was then closed. Motion on Item VIII.C. Motion: to Adopt the Mitigated Declaration Finding that it Reflects the Independent Judgment and Analysis of the City Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman Second Motion on Item VIII.C. Motion: to Adopt Resolution 2013 -03 of the City Council of the City of Gilroy Approving GPA 12 -01 Amending the City's General Plan Map to Re- Designate 11 Parcels from General Services Commercial and Low Density Residential to High Density Residential. The Parcels Re- Designated are Assessor's Parcel Numbers: 808 -01 -021, 808- 01 -22, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36 -002, 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman City Council Meeting Minutes 1/28/2013 6 Third Motion on Item VIII.C. Motion: to Read the Ordinances by Title Only and Waive Further Reading Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman Fourth Motion on Item VIII.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending: (1) the Text of the Downtown Gilroy Specific Plan to Establish a Minimum Density of 20 Units Per Acre for the Residential Portion of Mixed Use Projects in the Historic, Cannery and Expansion Districts; and (2) the Text of the Gilroy Zoning Ordinance to Establish a Minimum Density of 20 Units Per Acre in the R -4 High Density Residential Zoning District and for the Residential Portion of Mixed Use Projects in the Historic, Cannery and Expansion Districts Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker Absent: Council Member Terri Aulman Abstain: Mayor Pro Tempore Perry Woodward Fifth Motion on Item VIII.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending (3) the Gilroy Zoning Map to Rezone as Many as 12 Parcels R -4 High Density Residential and Include the Following Assessor's Parcel Numbers: 808 -01 -016, 808 -01 -021, 808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36 -002, 790 -14- 025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman IX. UNFINISHED BUSINESS A. Review of the Parks and Recreation Facilities Memorial Recognitions, Gift and Sponsorship Policy The staff report was presented by Recreation Manager DeLeon. There were no public comments. Motion on Item IX.A. Motion: to Direct Staff to Amend the Parks and Recreation Facilities Memorial Recognitions, Gift and Sponsorship Policy as Recommended by the Committee Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 1/28/2013 Absent: Council Member Terri Aulman X. INTRODUCTION OF NEW BUSINESS A. Elm Tree Maintenance, Removal and Replacement Plan The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Tom Fischer spoke on the choice of replacement tree suggesting that the Chinese Pistach was a much smaller tree than the elm, and would not produce a large canopy. Public comment was then closed. Motion on Item X.A. Motion: to Approve a Budget Amendment in the Amount of $24,200.00 to Fund a Short Term Elm Tree Maintenance Plan with looking at alternate replacement trees Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman B. Consideration of Revised Project List for Sunrise Park Improvements The staff report was presented by Operations Manager Stubchaer. Public comment was opened; there being none, it was then closed. The council gave direction to staff to conduct additional public outreach on the improvements and bring the item back. C. Presentation of Fiscal Year 2011/2012 Audited Financial Statements The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to Accept the Fiscal Year 2011/2012 Audited Financial Statements Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward Absent: Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that he would be at a conference through the end of the week. XII. CITY ATTORNEY'S REPORTS Acting City Attorney Faber announced that the City Attorney was continuing to recuperate. City Council Meeting Minutes 1/28/2013 ADJOURNMENT The Council adjourned the meeting at 10:01 p.m. S�HXWNA F EE , MMC City Clerk City Council Meeting Minutes 1/28/2013