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Minutes 2013/08/05City of Gilroy City Council Meeting Minutes August 5, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. W The pledge of allegiance was led by Mayor Pro Tempore Woodward. The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Freels reported that the agenda had been posted on July 31, 2013 at 10:15 a.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; Council Member Terri Aulman Absent/Excused: Council Member Peter Arellano M.D. Council Member Peter Arellano M.D. joined the meeting at 6:05 p.m. B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were no awards, proclamations or presentations. 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 Tim Gavin spoke on the state code references within the agenda and then requested that the Council give direction to the City Administrator to enforce the codes and General Plan policies with regards to traffic on Welburn Ave. Mike Mister spoke on sustainable development and open space sharing the need to , ow" stop SB 1 as it would give the government authority over private property and eminent domain power, without voter approval. Susan Mister spoke on the City's 2014 -15 budget sharing her concerns with the City's application for grant funding from the One Bay Area Plan. She then stated that she was opposed to regionalism as proposed in the One Bay Area Plan and concluded by explaining that there was much opposition in the region to the Plan, suggesting that the public be involved in the decisions regarding regionalism. City Council Meeting Minutes 8/5/2013 6 Sally Armendariz interpreted for Luz Diaz speaking on a citation she had received for illegal fireworks, stating that she had not been involved in the fireworks and she wished to file an appeal of the citation. Public comment was then closed. B. Arts & Culture Commission Annual Presentation to Council The presentation was given by Arts and Culture Commission Chair Carol Harris. polo IV. REPORTS OF COUNCIL MEMBERS `m Council Member Bracco spoke on the South County Youth Task Force sharing the positive benefits have having a Coordinator on staff. He went on the share his recent meeting with Johnny's Automotive, explaining that the issue of vandalism for recycling material was not unusual as many had ordinances that prohibited such recycling. Council Member Tucker spoke on the fee schedule public hearings for the Habitat Agency stating that the hearings were scheduled August 17th and comments were welcomed. Council Member Arellano spoke on the fines people for illegal fireworks stating that they were too high and there shouldn't be a fee to file an appeal. Council Member Leroe -Munoz thanked everyone who participating in the Garlic Festival and shared Bill Monings tour of the event. Council Member Aulman spoke on the recent Gilroy Gardens Board meeting and went on to share the new Operation Area Council formed from the former Emergency Preparedness Council explaining that Gilroy's representation was proposed to be folded am in with the cities to the west, which would not provide enough south county representation. Now Mayor Pro Tempore Woodward asked to have an item agendized for the fireworks citation appeal process. He then spoke on the traffic backups on Highway 101 at Dunn Avenue stating that CalTrans was looking at the slowdown issue and would be installing metering lights to reduce the traffic backup. MAYOR'S REPORT Mayor Gage stated that the Downtown Business Association would meet the following night and went on to report that Sister Cities had a significant involvement in the Garlic Festival and all of the attendees were very happy. He explained that there were no meetings of the CallD and SCRWA were cancelled and no other groups had met. He concluded by stating that the URM Task Force had a meeting in the near future. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Gage suggested that reports on a fee waiver and appeal process for fireworks citations and a recycling ordinance to prohibit illegal recycling be agendized. The Council agreed to agendize the two items. VI. CONSENT CALENDAR A. Minutes of July 15, 2013 Regular Meeting B. Notice of Acceptance of Completion of 7453 Monterey Road Demolition and Partial Seismic Upgrade, Project No. 13 -PW -203 C. Notice of Acceptance of Completion of TDA Americans with Disabilities Act Access Ramps, Project No. 13 -PW -206 City Council Meeting Minutes 8/5/2013 K, D. Approval of the Write Off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $33,389.98 E. A Resolution 2013 -34 of the City Council of the City of Gilroy Appointing Directors to the ABAG PLAN Corporation on Behalf of City of Gilroy, and Rescinding Resolution No. 86 -33 Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore ? Perry Woodward. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman F. A Resolution 2013 -35 of the City Council of the City of Gilroy Authorizing the City Administrator to Submit Grant Applications to the Metropolitan Transportation Commission (MTC) for the One Bay Area Grant Program and the Vehicle Emissions Reduction Based at Schools Program, to Commit the City to Provide the Required Local Match, to Make the Necessary Assurances that Each of the Projects will Comply with MTC and Grant Program Requirements, to Accept Grant Funding From the MTC, and to Negotiate and Execute any Documents Necessary for Such Acceptance The staff report was presented by Henry Servin and further explained by City Administrator Haglund. Motion on Consent Item VI.F. Motion: approve Resolution 2013 -35 of the City Council of the City of Gilroy Authorizing the City Administrator to Submit Grant Applications to the Metropolitan Transportation Commission (MTC) for the One Bay Area Grant Program and the Vehicle Emissions Reduction Based at Schools Program, to Commit the City to Provide the Required Local Match, to Make the Necessary Assurances that Each of the Projects will Comply with MTC and Grant Program Requirements, to Accept Grant Funding From the MTC, and to Negotiate and Execute any Documents Necessary for Such Acceptance Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Dion Bracco; Council Member Cat Tucker VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. Public Hearing for the Report From the Gilroy Police Department Recommending Projects and Programs for Funding Approval Under the 2013 ^*'^^ Edward Byrne Memorial Justice Assistance Grant ($14, 870.00) for the 2013- 2014 Fiscal Year The staff report was presented by Police Chief Turner. There were no public comments. City Council Meeting Minutes 8/5/2013 0 Motion on Item VIII.A. Motion: to Approve Recommended Projects and Programs for Funding Under the 2012 Edward Byrne Memorial Justice Assistance Grant ($14, 870.00) for the 2013- 2014 Fiscal Year Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman B. Zone Change Request From Two Family Residential - Planned Unit Development (R2 -PUD) to Medium Density Residential (R3) for a Property Located at 9060 and 9070 Kern Avenue; APN's790 -18 -015 and 790 -18 -017, PSI Development Applicant (Z13 -04) The staff report was presented by Planning Manager Martin. Council Member Tucker disclosed that she had met with the applicant at the project site. The public hearing was opened. Applicant Joe Burch of PSI Development explained that the change was from a single family component with tight setbacks to fewer structures with more green space and would have some 1 bedroom 2 -story apartments with a property manager on site due to the size of his project. There being no further public comments the public hearing was closed. Mayor Gage disclosed that he had met with the applicant at the project site. .. Council Members Aulman, Leroe -Munoz and Mayor Pro Tempore Woodward each disclosed that they had individually met with the applicant. Motion on Item VII1.B. Motion: to Direct Staff to Prepare an Ordinance Approving Z 13 -04 Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -1. Yes: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Peter Arellano M.D. C. General Plan Land Use Amendment From General Service Commercial to Low Density Residential, General Plan Text Amendment to Allow for Adult Manufactured Housing on the East Side of Highway 101, Zoning Map Change from Open Space to Single Family Residential, Zoning Ordinance Amendment to Add a New Residential Development Exemption Category for a Project of 349 Senior Affordable Housing Units on a 81 -Acres Located at 450 Bolsa Road, APN's 841 -31 -003 and 022 """ Senior Planner Ketchum explained that the applicant had pulled the application. The public hearing was opened; there being no comments, it was then closed. City Council Meeting Minutes 8/5/2013 5 IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending the Zoning Ordinance and Adding it as a New Chapter 30 to the Gilroy City Code Entitled "Zoning" and Repealing Sections 1 Through 54 and Ordinance No. 85 -15 "Gilroy Zoning Ordinance" in Their Entirety There were no public comments. Motion on Item IX.A. Motion: to adopt ordinance 2013 -08 an Ordinance of the City Council of the City of Gilroy Amending the Zoning Ordinance and Adding it as a New Chapter 30 to the Gilroy City Code Entitled "Zoning" and Repealing Sections 1 Through 54 and Ordinance No. 85 -15 "Gilroy Zoning Ordinance" in Their Entirety Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -1. Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Dion Bracco B. Appointment of Members to the General Plan Advisory Committee (GPAC), and Approval of General Plan Advisory Committee Operating Rules and Procedures There were no public comments. Motion on Item IX.B. Motion: to Appoint One (1) Affordable Housing, One (1) Commercial /Industrial One (1) Residential Builder /Developer, One (1) Local Environmental Interest Group Member and Ten (10) Citizen's At -large to the GPAC Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman Second Motion on Item IX.B. Motion: to Appoint Mayor Pro Tempore Woodward as Chair and Council Member Tucker as Vice Chair to the GPAC Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Absent: Council Member Dion Bracco Third Motion on Item IX.B. Motion: to Approve GPAC Operating Rules and Procedures Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman City Council Meeting Minutes 8/5/2013 X. INTRODUCTION OF NEW BUSINESS The Council adjourned for a 5 minute break. A. Citywide Traffic Survey to Establish Speed Limits Within the City The staff report was presented by Traffic Engineer Servin. Public comment was opened; there being no comments public comment was closed. Ono Motion on Item X.A. Motion: to Adopt a Resolution 2013 -36 of the City Council of the City of Gilroy Approving Certain Speed Surveys and Establishing Speed Limits on Various Streets Within the City in Accordance With Those Surveys Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman B. Update on the Status of City Sidewalks The staff report was presented by Senior Engineer Mack. Public comment was opened; there being no comments it was then closed. Motion on Item X.B. Motion: to receive the Report Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. we 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; Council Member Terri Aulman C. Update on the Status of City Streets The staff report was presented by Operations Manager Stubchaer. Public comment was opened; there being no comments it was then closed. Motion on Item X.B. Motion: to receive the report Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman D. Gilroy Gardens Family Theme Park Inc. Request to Improve City Owned Real ONO Property by Constructing a Water Feature at 3050 Hecker Pass Highway .. The staff report was presented by City Administrator Haglund. Public comment was opened. Ron Kirkish spoke on the need for a water feature at the park. City Council Meeting Minutes 8/5/2013 7 Susan Mister spoke on the project explaining that she was a docent at the park and enjoyed seeing the project move forward. Public comment was closed. Motion on Item X.D. Motion: to Approve the Request Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. 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; Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund announced that the GPAC would be meeting on October 14, 2013 with the Council and Planning Commission. As Members of the Council were not available on the selected date, the meeting would need to be rescheduled. He then announced that the city had completed the bond refinancing with long term bonds at 4.53 %, and went on by announcing that he would be on vacation for 2 weeks beginning August 19th. He then spoke on the recent Police investigation of the Liberty PCS business. XII. CITY ATTORNEY'S REPORTS . There was no report. U_ . XIII. CLOSED SESSION A. LIABILITY CLAIM - CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code Section 54956.95 (b) and Gilroy City Code Section 17A.11 (c) 2 Claimant: United Methodist Church Agency Claimed Against: City of Gilroy Public comment was opened, there being none it was then closed. City Attorney Callon explained that the Council was adjourning to closed session on the item as discussion in open session could prejudice the City's position in the case. Motion to Adjourn to Closed Session Motion: to adjourn to closed session Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat M" M Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Au l n The Council Adjourned to closed session at 9:21 p.m. n SHA'NA FREED, IV�MC City Clerk �/ City Council Meeting Minutes 8/5/2013