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Minutes 2014/01/06City of Gilroy City Council Meeting Minutes January 6, 2014 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 Mayor Pro Tempore Woodward. The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on January 2, 2014 at 11:30 a.m. Roll Call Present: Council Member Peter Arellano, M.D.; 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 Terri Aulman B. Orders of the Day There were no agenda changes. C. Introductions Human Resources Director McPhillips introduced newly hired HR Analysis Michael Horta and Community Development Director Abrams introduced newly hired Planner Valerie Negrete. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation naming January 26 through January 31, 2014 as Catholic Schools Week A. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES • Arts & Culture Commission - 3 seats • Bicycle Pedestrian Commission - 1 seat • Building Board of Appeals - 1 seat • Historic Heritage Committee- 2 seats • Housing Advisory Committee- 4 seats • Library Commission - 1 seat • Open Government Commission - 2 seats • Parks & Recreation Commission - 2 seats • Personnel Commission - 2 seats • Physically Challenged Board of Appeals - 2 seats • Planning Commission - 2 seats * Public Art Committee - 4 seats • Youth Commission - 1 seat The Council interviewed applicants. III. PRESENTATIONS TO COUNCIL City Council Meeting Minutes 1/6/2014 2 A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL A staff representative from Assembly Member Alejo's office shared upcoming CaISOAP and College student aide events in the community. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Woodward announced that he had been appointed to serve as the Vice Chair of VTA. MAYOR'S REPORT Mayor Gage spoke on the success of the URM Task Force explaining that the group had worked on 3 buildings so far and was beginning to work on another. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the December 2, 2013 Regular City Council Meeting , B. Minutes of the December 9, 2013 Special City Council Meeting C. A Resolution 2014 -01 of the City Council of the City of Gilroy Approving RDO- HE 13 -02, An Application for a Housing Exemption from the Residential Development Ordinance for a Property Located West of Monterey Street, and North and South of the Future Cohansy Avenue Extension, APN'S 790 -06 -029 and 030, The James Group Applicant D. A Resolution 2014 -02 of the City Council of the City of Gilroy Approving TM 13- 06, a Tentative Map of the Harvest Park Phase II Residential Subdivision, Creating 57 Single - Family Residential Lots, One Multi - Family Lot, One Commercial Lot and 3 +1- Acres of Common Area, for a Property Located Within the Harvest Park Development, West of Monterey Street and North and South of Cohansey Avenue, APN'S 790 -06 -029 and 030, The James Group Applicant E. A Resolution 2014 -03 of the City Council of the City of Gilroy Approving A/S- PUD 13 -26, an Application for Architectural and Site Approval of the Harvest Park Phase II Subdivision on Approximately 17 of Monterey Street and North and South of Cohansey Avenue, APN's 790 -06 -029 and 030, The James Group Applicant F. Claim of Mercury Insurance (Tesia Dechutkowski) (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Approval of Amendments to the 2014 Regular City Council Meeting Schedule Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F and G Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman City Council Meeting Minutes 1/6/2014 3 VII. BIDS AND PROPOSALS A. Selection of Hydroscience Engineers, Inc. and NV5, Inc. as Consultants for Water and Storm Drain Engineering Design Services The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: Approve Award of Design Contracts to Hydroscience Engineers, Inc. and NV5, Inc. to Provide As Needed Water and Storm Drain Design Services, Approval of Agreement with Hydroscience Engineers, Inc. not to Exceed $195,000.00 for the First Street Water Main Replacement and Storm Drain Project, and Approval of Agreement With NV5, Inc. not to Exceed $37,000.00 for the Swanston Lane Water Main Replacement Project Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman VIII. PUBLIC HEARINGS A. Appeal of the Planning Commissions Denial of a Variance Request from Gilroy Code Section 37.58 (a) (2) to Allow for a Total of 359 Square Feet of Sign Area to an Existing Freestanding, Freeway- Oriented Sign at a Property Located at 6980 Chestnut Street, South Valley Plaza (V13 -01) An Architectural and Site Review for the Planned Unit Development of 23 Single - Family Residential Homes (AS /PUD 13 -22) The staff report was presented by Planner Bischoff. The public hearing was opened. Andrew Pattisson spoke on behalf of the applicant sharing the difficulty filling buildings within the center and the importance of signage for retail sales. Daniel Rugg was called to speak on behalf of coast signs who explained that Harbor Freight was amenable to the 10 year sunset for the variance. Harbor Freight Store Manager Corey Peterson spoke on the challenge without visible signage from the south bound Highway 101 and need for the additional signage. David Ford was called to speak on behalf of Coast Signs explained that the larger sign would allow the business to compete. The public hearing was closed. Motion on Item VIII.A. Motion: to Adopt a Resolution 2014 -04 of the City Council of the City of Gilroy Granting an Appeal of the Planning Commission's Denial of Variance V 13 -01 and Approving Said Variance to Allow Additional Sign Area on an Existing Freeway - Oriented Sign, South Valley Plaza Shopping Center, APN 841 -66 -031 for 10 years Moved by Council Member Peter Arellano, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 1/6/2014 El Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman B. A Zone Change from Al (Agriculture) to R2 -PUD (Two - Family. Residential, Planned Unit Development) for a 5.31 -Acre Property Located at the Terminus of Babbs Creek Drive, Generally Bounded by Santa Teresa Boulevard to the South, Babbs Creek to the North, and Starling Drive to the East; APN 808 -20- 001; The James Group Applicant (Z 13 -01) A Tentative Map Request to Create 23 Single- family Residential Lots, 0.37 Acre of Private Open Space and 1.38 Acres for Expansion of the Existing Babbs Creek Park Preserve (TM 13 -01) An Architectural and Site Review for the Planned Unit Development of 23 Single - Family Residential Homes (AS /PUD 13 -22) The staff report was presented by Senior Planner Ketchum. The public hearing was opened. Applicant James Suner shared the features of the project and spoke on the decreased setbacks stating that he had complied with staffs recommendations but didn't necessarily agree with them. Dawn Pan was called to speak asking if the project itself had been approved. She then spoke on issues with regards to traffic impacts, specifically impacts at Las Animas School. The public hearing was then closed. Motion on Item VIII.B. Motion: to Adopt a Mitigated Negative Declaration Finding That on the Basis of the Full Record There is no Substantial Evidence that the Project Will Have a Significant Effect on the Environment, and That the Mitigated Negative Declaration Reflects the Independent Judgment and Analysis of the City Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Failed Motion on Item VIII.B. Motion: Approve Motion to Direct Staff to Prepare an Ordinance Approving Z 13 -01 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion failed 3 -3 -1. Yes: Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Cat Tucker Absent: Council Member Terri Aulman Second Motion on Item VIII.B. Motion: Approve Motion to Direct Staff to Prepare an Ordinance Approving Z 13 -01 Moved by Council Member Peter Arellano, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 1/6/2014 5 Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Third Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving TM 13 -01 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; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Failed Motion on Item VIII.B. Motion: Approve Motion to Direct Staff to Prepare a Resolution Approving AS 13 -22 in accordance with the planning commission recommendations Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe - Munoz. Vote: Motion failed 3 -3 -1. Yes: Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Cat Tucker Absent: Council Member Terri Aulman Fourth Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving AS 13 -22 without the Planning Commission recommendations for front yard setbacks Moved by Council Member Peter Arellano, seconded by Council Member Cat Tucker. Vote: Motion carried 4 -2 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker No: Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman C. A Tentative Map Request to Subdivide Approximately 15 -Acres to Create 55 Single - Family Residential Lots and 2 -Acre Detention and Open Space Parcel (1.2 Acres Recommended by Planning Commission) on a Property Located at the Southwest Corner of Day Road and Cougar Court, APN 783 -16 -026; Glen Loma Group Applicant (TM 13 -04) The staff report was presented by Planner Rideout. The public hearing was opened. Adria Spano was called to speak sharing issues with water retention in the area and the traffic issues onto Day Road West and the narrow right hand turn in the area. The public hearing was then closed. Motion on Item VIII.C. Motion: to Adopt a Mitigated Negative Declaration Finding That on the Basis of the Full Record There is no Substantial Evidence that the Project Will Have a Significant Effect on the Environment, and That the Mitigated Negative Declaration Reflects the Independent Judgment and Analysis of the City Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 1/6/2014 6 Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Second Motion on Item VIII.C. Motion: Approve Motion to Direct Staff to Prepare a Resolution Approving TM 13- 04 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman IX. UNFINISHED BUSINESS A. An Ordinance and a Resolution of the City Council of the City of Gilroy Pertaining to Payday Lending and Check Cashing Businesses in the City of Gilroy A Resolution of the City Council of the City of Gilroy Pertaining to Payday Lending and Check Cashing Business in the City of Gilroy The staff report was presented by Planning Manager Martin. The public comment period was opened. Bob Sigala was called to speak sharing his support of the ordinance adoption. James Zahradka was called to speak sharing the support of members of the audience with regards to the ordinanc and sharing proposed state legislation. David Cox was called to speak sharing his support of the City Council's perseverance with regards to passing local and state legislation. Public comment was then closed. Motion on Item IX.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; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman City Council Meeting Minutes 1/6/2014 1 1 1 Third Motion on Item IX.A. Motion: to Adopt a Resolution 2014 -05 of the City Council of the City of Gilroy Requesting the California State Legislature Enact Restrictions on Payday Loans Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman B. Selection and Appointment of Members to City Boards, Commissions and Committees with Terms Expiring September 30, 2014, December 31, 2014, September 30, 2015, December 31, 2015, December 31, 2016, December 31, 2017, and December 31, 2018 There were no public comments Motion on Item IX.B. Motion: to Appoint Peter Wang for a 4 year term to the Arts and Culture Commission, Tony Marandos for a 4 year term on the Bicycle Pedestrian Commission, Stephanie Okada - McCabe for a 2 year term to the Building Board of Appeals, Edith Edde and Nicole Robinson for 2 year terms on the Historic Heritage Committee, Jan Berstein Chargin (homeowner) and Teresa Martinez for 2 year terms on the Housing Advisory Committee, Hugh Smith for a 4 year term on the Library Commission, Janet Espersen and Luann Manseau for 2 year terms on the Open Government Commission, Julie Garcia and Rebecca Scheel for 4 year terms on the Parks and Recreation Commission, Rob Hyde and James Leininger fpr 4 year terms on the Personnel Commission, Carmen Munoz for a 2 year term and Susan Rodriguez and Martha Johanson for a 4 year terms on the Physically Challenged Board of Appeals, Judy Bozzo for a 4 year term on the Public Art Committee, Kai Lai and Tom Fischer for 4 year terms on the Planning Commission and Alexis Pena Tomasetti to the Youth Commission with a 9/30/14 term expiration. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman X. INTRODUCTION OF NEW BUSINESS A. Silicon Valley Land Conservancy Presentation on Agriculture Mitigation Policy Implementation The staff report was introduced by Planning Manager Martin and was presented by staff from the land conservatory. There were no public comments. Motion on Item X.A. Motion: to Receive the Report and continue working with staff. Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman City Council Meeting Minutes 1/6/2014 B. City Council Member Annual Appointments to Representative Seats Mayor Gage presented the item. There were no public comments. Motion on Item X.B. Motion: Approve the appointments Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund asked it February 10, 2014 would work for a study session. The Council agreed to the study session date. XII. CITY ATTORNEY'S REPORTS XIII. ADJOURNMENT TO THE SPECIAL MEETING OF JANUARY 22,2Q14 The Council adjourned at 9:02 p.m. sHAWNA FR EL , MMC City Clerk City Council Meeting Minutes 1/6/2014 1