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Minutes 2013/09/16City of Gilroy City Council Meeting Minutes September 16, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Leroe- Munoz. The invocation was given by Father Robert Brocato of Saint Mary's Church. City Clerk Shawna Freels announced that the agenda had been posted on September 11, 2013 at 11:15 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent/Excused: Council Member Peter Arellano M.D.; Mayor Pro Tempore Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions Police Chief Turner introduced newly hired Police Officers Adam Moon and Raul Razo. Mayor Gage announced that Council Member Arellano had been delayed in traffic and would be arriving shortly. Interviews Council Member Aulman recused herself from interviewing Youth Commission applicants explaining that her Grandson was an interviewee. Interviews took place for Youth Commission, Public Art and Arts and Culture Commission applicants. Council Member Peter Arellano M.D. joined the meeting at 6:07 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation Naming September 22, 2013 as Falls Prevention Awareness Day. 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. B. Physically Challenged Board of Appeals Annual Presentation to Council City Council Meeting Minutes 9/16/2013 2 The presentation was given by Board of Appeals Member Estorga. C. Gilroy Welcome Center Presentation to Council The presentation was given by Gilroy Welcome Center Manager Jane Howard. IV. REPORTS OF COUNCIL MEMBERS Council Member Aulman spoke on a recent YMCA meeting stating that the Board was working to create a permanent facility in Gilroy. MAYOR'S REPORT Mayor Gage stated that there would be an upcoming URM Task Force meeting sharing the number of buildings in the process of remodel and permit process. He then stated that the VTA advisory Board would meet soon. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Opening of the Recruitment Period for Two (2) Seats on the Housing Advisory Committee with Terms Expiring September 30, 2015 and December 30, 201 B. Approval of American Crown Circus, Inc. Event to be Held October 10 -14, 2013 C. Claim of Maria Beyer (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Liberty PCS (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C and D 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward VII. BIDS AND PROPOSALS There were no items. VIII. PUBLIC HEARINGS A. Appeal of the Planning Commission Decision to Deny a Variance Request to Section 37.58 (a) (2) of the Gilroy Zoning Ordinance to Allow for the Addition of 128.5 Square Feet of Sign Area to an Existing Freestanding Freeway - oriented Sign Located at 6980 Chestnut Street (APN 841 -66 -032) at the South Valley Shopping Center (V13 -01) The staff report was presented by Planning Division Manager Martin. The public hearing was opened. City Council Meeting Minutes 9/16/2013 3 Andrew Pattisson with West Valley Properties spoke on the issues with the shopping center's revitalization to incorporate additional tenants and goals in the negotiations with Harbor Frieght with regards to signage. Trish Thomas of Harbor Freight Tools spoke on the success of the company in other Northern California Cities stating that the site would not be successful unless the requested signing was in place. Dan Rugg of Coast Sign spoke on the need for the additional signage, sharing the variety of larger sign regulations for freeway signing in other jurisdictions. He then suggested that a slightly smaller sign may work for the business. David Ford of Coast Sign stated that the size of the signing at Gilroy Crossing was much larger due to the type of zoning at the outlet center. The public hearing was then closed. Failed Motion on Item VIII.A. Motion: to deny the variance request Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion failed 3 -3. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Don Gage No: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Cat Tucker Absent: Mayor Pro Tempore Perry Woodward Motion on Item VIII.A. Motion: to continue the public hearing until additional information is provided by staff, and direct staff to provide an amendment to the sign ordinance to enhance the ordinance to allow for larger freeway facing signage. 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward IX. UNFINISHED BUSINESS A. Appointments to the Public Art Committee to Fill Unexpired Terms Ending 12/31/2014 and 12/31/2016 There were no public comments. Motion on Item IX.A. Motion: to Appoint Valerie Hammonds to the Public Art Committee with a term expiring 12/31/2014 and Frank Segreto with a term expiring 12/31/2016 Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Peter Arellano M.D.; Mayor Pro Tempore Perry Woodward B. Appointment to the Arts and Culture Commission to Fill an Unexpired Term Ending 12/31/2016 City Council Meeting Minutes 9/16/2013 rd There were no public comments. Motion on Item IX.B. Motion: to Appoint Nicole Robinson to the Arts and Culture Commission with a Term Expiration of 12/31/2016 ' Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. , Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Peter, Arellano M.D.; Mayor Pro Tempore Perry Woodward D. Agriculture Mitigation Program Action Plan Update The staff report was presented by Planning Director Martin. Public comment was opened. Jane Howard of the Gilroy Welcome Center asked if there would be any input needed for the agri- tourism component. Public comment was then closed. C. Development Standards Task Force Update The staff report was presented by Planner Bischoff Motion on Item IX.C. Motion: to direct Staff to include the PUD amenities to the scope of work of the Development Standards Task Force. Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage No: Council Member Dion Bracco Absent: Mayor Pro Tempore Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Discussion of Zoning for Emergency Shelters The staff report was presented by Planner Bischoff. There were no public comments. B. Youth Services Report The staff report was presented by Recreation Director DeLeon. Public comment was opened. Ron Kirkish spoke on the need for recreational programs to keep kids off the streets and out of gangs stating that since 2007, the funding was reduced and a comparison to the needs should be reviewed to assist the families at poverty level. Public comment was then closed. City Council Meeting Minutes 9/16/2013 5 XI. CITY ADMINISTRATOR'S REPORTS There was no report provided. XII. CITY ATTORNEY'S REPORTS There was no report provided. 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: 7533 Monterey Street, Gilroy, California (APN 841 -04 -020) Agency Negotiator: Thomas Haglund, City Administrator; Lee Butler Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Lease Payment There were no public comments. The Council adjourned to Closed Session at 8:50 P.M. Motion to Continue in Closed Session The Council voted to remain in closed session by the following vote: Vote: Motion carried 6 -0 -1 Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 9/16/2013 1