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Minutes 2013/10/07City of Gilroy City Council Meeting Minutes October 7. 2013 I.OPENING A. Call to Order The meeting was called to order by Mayor Gage at 6:00 p.m. The pledge of allegiance was led by Council Member Cat Tucker. The invocation was given by Pastor Corey Santistevan of Calvary Chapel. City Clerk Shawna Freels announced that the agenda had been posted on October 2, 2013 at 10:15 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day There were no agenda changes. C. Introductions Public Works Director Smelser•introduced newly hired Engineers Ian King, Jay Yue and Mayra Cervantes. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation recognizing the Gilroy Firefighters campaign for Breast Cancer Awareness Month. Council Member Peter Arellano M.D. joined the meeting at 6:06 p.m. 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. Open Government Commission's Annual Presentation to Council The presentation was given by Commissioner Esposito. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco thanked Council Member Leroe -Munoz for serving on the Gang Task Force in his absence. Council Member Leroe -Munoz spoke on the Santa Clara County Cities Association meeting topic of representation realignment and the impacts on cities within the county. City Council Meeting Minutes 10/7/2013 z Council Member Aulman stated that she had attending a retreat of the Gilroy Task Force sharing details of the goals of the group with regards to youth. MAYOR'S REPORT Mayor Gage stated that the EDC would be meeting on the coming Wednesday and then spoke on the Sister Cities Association Garlic and Beef Festival tour in Takko Machi Japan. He explained that the SCRWA Board had approved a trunk line improvement project and stated that the county expressway group would be meeting later in the month. He concluded by stating that the URM Task Force had met the prior Friday, sharing the identification of various URM problems in the downtown. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Woodward suggested agendizing a discussion regarding the Public Records Act case with the City of San Jose and the need to establish email accounts for city board, committee and commission members to remedy potential Public Records Act issues for the members. The Council agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of the September 9, 2013 Regular Meeting B. Minutes of the September 16, 2013 Regular Meeting C. Budget Amendment Transfer for the Downtown Seasonal Banner Program D. Approval of the 2014 Regular City Council Meeting Schedule E. Appointment of Lori Brooner to the Arts and Culture Commission to Fill an Unexpired Term Ending December 31, 2015 F. Appointment of One (1) Member to the Housing Advisory Committee to Fill an Unexpired Term Ending December 31, 2014 Motion on the Consent Calendar Motion: to approve Items A, B, C, D, E, F 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS A. Cost Share Agreement with the City of Morgan Hill in the Amount of $4,680,826.00 for the Design and Construction of the Joint Sewer Interceptor Project The staff report was presented by Public Works Director Smelser. (06:40 PM) There were no public comments. City Council Meeting Minutes 10/7/2013 Motion on Item VII.A. Motion: to Approve the Cost Share Agreement with the City of Morgan Hill for the Design and Construction of the Joint Sewer Interceptor Project Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano MD; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VIII. PUBLIC HEARINGS A. Tentative Map Approval to Create 186 Single- family Residential Lots, One (1) 8- acre Park with Detention Basin, Three (3) Uvas Creek Parcels and Three (3) Agricultural Production Parcels on Approximately 112 Acres Located in the East Cluster of the Hecker Pass Specific Plan Area, South of Hecker Pass Highway (Hwy 152) and West of the Third Street and Santa Teresa Boulevard Intersection, Assessor's Parcel Numbers 810 -21 -001, 810 -21 -003 and 810 -21- 007 (TM 13 -02) Achitectural and Site Approval of a Planned Unit Development for the 186 Single - Family Residential Lot Subdivision (AS 13 -06) Council Member Woodward recused himself from deliberating on the item explained that he represented a party in litigation against the developer of the project. He then left the chambers. Council Member Aulman announced that she was recusing herself from deliberations on the item as she lived within 500 feet of the project site.. She then left the chambers. The staff report was presented by Community Development Director Abrams. Motion on Item VIII.A. Motion: to Continue the Hearing to the October 21, 2013 Regular Meeting Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Terri Aulman; Mayor Pro Tempore Perry Woodward IX. UNFINISHED BUSINESS A. Adoption an Ordinance of the City Council of the City of Gilroy Approving Application Z 13 -04 for a Change in Zoning Designation From R2 /PUD (Planned Unit Development) to R3 (Medium Density Residential) on Approximately 1.95 Acres Located at 9060 and 9070 Kern Avenue, APNs 790- 18 -015 and 017, PSI Development There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2013 -09 of the City Council of the City of Gilroy Approving Application Z 13 -04 for a Change in Zoning Designation From R2 /PUD(Planned Unit Development) to R3 (Medium Density Residential) on Approximately 1.95 Acres Located at 9060 and 9070 Kern Avenue, APNs 790 -18- 015 and 790 -18 -017, PSI Development Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -1 -0. City Council Meeting Minutes 10/7/2013 0 Yes: Council Member Terri Aulman; Council Member Dion - Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano M.D. B. Appointment of Five (5) Members to the Youth Commission for Two -year Terms Ending September 30, 2015, and Two (2) Members to the Youth Commission for One -year Terms Ending September 30, 2014 Council Member Aulman abstained from deliberations on the appointment explaining that her grandson was one of the applicants. Council Member Woodward abstained from voting on the item explaining that he had not been present to interview the candidates. There were no public comments. Motion on Item IX. B. Motion: to Appoint Five (5) Members for Two -year Terms Ending September 30, 2015, and Two (2) Members for One -year Terms'Ending September 30, 2014 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5- 0 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Abstain: Council Member Terri Aulman; Mayor Pro Tempore Perry Woodward C. Historic Building Design Guidelines The staff report was presented by Building Division Manager Butler. Gary Walton spoke on an email he had sent to Council regarding the item and went on to explain that he didn't believe the staff report was supportive of the revitalization of the downtown, as there could be no successful downtown revitalization strategy without historic preservation. He concluded by stating that the Council should adopt historic preservation guidelines tailored to the City of Gilroy. Carol De Santis shared concerns with the downtown specific plan stating that there was nothing in the code to enforce historic preservation. She spoke on Historic Heritage Committee decisions being made using personal opinion and explained that a historic district was fully inclusive of structures 50 years old or older. She then shared the need for authenticity with regards to renovation and described in -fill development within a historic district. She suggested that the City contact SHPO for further information with regards to historic preservation. Ron Kirkish explained that there was no particular "theme" within the downtown stating that many cities had themes to identify with. He concluded by asking if the general public believed that the historic structures in the downtown were viable. Public comment was then closed. Motion on Item IX.C. Motion: to Direct Staff to return with options for the Council to consider regarding consultation with an architectural historian. 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage City Council Meeting Minutes 10/7/2013 E D. Development Standards Task Force Chair's Report on the Planned Unit Development (PUD) Amenity Policy Mayor Pro Tempore Woodward spoke on the work of the Task Force and direction at the prior Council meeting requesting that the Task Force further study the planned unit development amenity policy. He explained that the group had previously studied the issue and would not be revising it as they did not see any particular way to accomplish the goal as it was a higher level policy issue. Public comment was opened. James Suner spoke on the city standards with regards to size of a developable lot, explaining that the general plan and neighborhood plan encouraged higher density and the policies themselves were outdated and in need of revision. He spoke on better uses of the PUD's and inability to meet the R1 standards as currently established. The Council agreed to hold a study session on the topic. X. INTRODUCTION OF NEW BUSINESS A. Informational Update by Transportation Agency for Monterey County (TAMC) on the Salinas Rail Extension The item was introduced by Transportation Engineer Servin. The presentation was given by Debbie Hale of the Transportation Agency of Monterey County Public comment was opened. Omar Chatty shared his membership affiliations stating that the project was wasteful as there were better uses of the money to improve existing roads. He spoke on the number of deaths on the railways and the needed retail success of car dealers explaining that the project didn't have a transit benefit as highways highway 101 and 152 were in desperate need of improvements. Public comment was then closed. B. Report on Light Emitting Diode (LED) Lighting Technology and Possible Work Plan for Pilot and Streetlight Conversion Policy The staff report was presented by Transportation Engineer Servin. Public comment was opened. Rafael Reyes of the Bay Area Conservation Collaborative spoke on the benefits of the proposal explaining that the County Cities Association was in support of the program and select cities could collaborate in moving forward with a conversion.. He then spoke on the timing with regards to rebates encouraging the city to move forward expeditiously as thr PG &E turnkey program was at a very low interest. ' Gary Walton spoke on the need for the conversion stating that the sodium lighting in the downtown gave a dingy look which could be perceived as less safe. He spoke on they energy cost savings to the city with the LED lighting and need to. require developers to use the new lighting within all future projects. Public comment was then closed. City Council Meeting Minutes 10/7/2013 2 Motion on Item X.B. Motion: to direct staff to undertake a pilot program, complete for the CEC loan and financing options to begin a LED conversion program and investigate the PG &E on -bill financing. 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage C. Overview of Proposed United Natural Foods, Inc. Warehouse and Distribution Facility The staff report was presented by Building Division Manager Butler. Sean Griffin of UNFI spoke on the proposal and shared background of the company and future goals Public comment was opened. Tammy Brownlow of the Gilroy Economic Development Corporation spoke on the initial work with the UNFI request, sharing the movement of the project explaining that the economic impact was in job creation as well as direct/indirect and induced economic positive impacts for the community sharing the work of the EDC and city staff. Omar.Chatty spoke as a member of the National Motorist Association suggesting that the Council seek funding from the applicant for the repair of Highway 152 to support the project. He explained that the city should look into congestion control and fight for better roads and recognize the city's dependence on good, safe roads. Public comment was then closed. D. Modification to the City's Residential Development Ordinance (RDO) Affordable Housing Exemption Policy The staff report was presented by Community Development Director Abrams. Public comment was opened. Matt Huerta spoke on the need to support the staff recommendations. There were no further comments. Motion on Item X.D. Motion: to Approve the Modification to the RDO Affordable Housing Procedure to Include Parameters for the Calculation of Allowable Sales Prices for Affordable Housing' Units Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7 -0. 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 Pro Tempore Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS There were none. City Council Meeting Minutes 10/7/2013 1 1 XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant Mayor Gage announced that closed session item B would be continued to the next meeting. City Attorney Callon explained that the Council was being asked to enter into closed session on Item A as discussion of the anticipated litigation in open session could harm the city's position in the case. There were no public comments. Motion to Adjourn to Closed Session Motion: to enter into closed session on Item XIII. A. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe - Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano MD; Council Member Terri Aulman; Council Member Dion Bracco;' Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (4) Name/Title: Linda Callon, City Attorney CLOSED SESSION ANNOUNCEMENT per GCC Section 17A.13 (d): Closed Session Announcement on Item A The announcement was made that the Council had voted unanimously in closed session to approve a settlement agreement with ABAG Plan and AGAG. City Administrator Haglund then shared the details of the settlement agreement in open session. j AWNA FREELS, MMC City Clerk City Council Meeting Minutes 10/7/2013