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Minutes 2014/04/07Gilroy City Council Regular Meeting Minutes April 7, 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 Council Member Aulman. The Invocation was given by Pastor Greg Quirke of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on April 2, 2014 at 2:30 p.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; City Attorney Callon; City Administrator Haglund Absent/: Council Member Peter Arellano B. Orders of the Day There were no agenda changes. C. Introductions Community Development Director Abrams introduced newly appointed Housing and Community Development Grant Coordinator Daniel Murillo. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a Proclamation Recognizing the Month of April as Sexual Assault Awareness Month. Mayor Gage presented a Proclamation Recognizing National Crime Victims' Rights Week, April 6 -12, 2014. 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 Council Member Peter Arellano joined the meeting at 06:12 p.m. Phil Buchanan spoke on the new banners in the downtown explaining that large banners had been added to highlight the offerings of the city, asking the Council to consider such banners in the upcoming budget to enhance the messaging of the city. Gianfranco Filice was called to speak sharing the upcoming Senior Ball event City Council Meeting Minutes 4/7/2014 2 B. Presentation by the Gilroy Foundation on "Silicon Valley Gives" Campaign The presentation was given by Donna Prey of the Gilroy Foundation who shared the ability to donate to any nonprofit of the Gilroy Foundation, and explaining the matching donor program during the campaign. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco spoke on the Gang Task Force name change to the Gilroy Youth Task Force and shared the selection of Council Member Leroe -Munoz as President of the Task Force Council Member Aulman spoke on the Gilroy Gardens Strategic plan development and further spoke on the water oasis projection planned for opening in mid -June and spoke on the fresh plantings at the park. Mayor Pro Tempore Woodward spoke on the CalTrain meetings and the unprecedented ridership of the train system. He then spoke on the VTA work to bring Bart to San Jose and plans to have everything in place for Super Bowl 50 being held in the City of Santa Clara. He further spoke on LAFCO approvals of future annexations of property into the City, suggesting that individual Council members speak with their fellow elected officials within the county to share the proposals, explaining that County Supervisor and LAFCO Board Member Cindy Chavez would be touring the City with him on May 1 st MAYOR'S REPORT The Mayor read the letters written to the city commending city staff. He then spoke on the City Attorney subcommittee work, and shared information on the EDC Board appraisal of the CEO, and then spoke on the Gilroy Sister Cities Association annual fundraiser event being held April 26th at the Old City Hall. He went on to speak on the VTA advisory board meeting explaining that the group was working establish the south county share of county funding for expressway widening. He concluded by speaking on the URM Task Force meetings and goal to complete all of the needed downtown URM building repairs in 18 months. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe -Munoz suggested agendizing an item on Alert Santa Clara County explaining that there was room to improve the service in multiple languages, suggesting that the Council consider writing a letter to the County and Supervisor Mike Wasserman to support the translation services. Mayor Gage stated that he had been receiving letters regarding tobacco retailer ordinance from the County, regarding county licensing and asked if the Council would consider agendizing the issue. The Council agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of the March 17, 2014 Regular Meeting B. Opening of the Recruitment Period to Fill One (1) Open Seat on the Planning Commission and One (1) Seat on the Personnel Commission C. Claim of Senessa Brockington (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Adoption of Ordinance No. 2014 -03 of the City Council of the City of Gilroy Amending Gilroy City Code Section 17A "Gilroy Open Government Ordinance" City Council Meeting Minutes 4/7/2014 E. Approval of Budget Amendment in the Amount of $26,400.00 for Office of Traffic Safety Grant F. Approval of Parcel Maps for Meritage Homes APN's 810 -21 -001, 810 -21 -007 and 810 -21 -003 G. Minutes of the March 31, 2014 Special Meeting Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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. Approval of Contract with WhiteWater West Industries, Inc. for Repairs and Maintenance to the Waterslides and AquaPlay Structure at the Christopher High School Aquatics Center The item was presented by Facilities Superintendent Brandini. There were no public comments. Motion: Approve Motion to Approve Contract with WhiteWater West Industrieslnc. in the Amount of $57,852.34 for Repairs and Maintenance to Waterslides and AquaPlay Structure at Christopher High School Aquatics Center with changes Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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. Consideration of Amendments to the City's Comprehensive Fee Schedule to Increase Existing Fees on Select Planning, Building, and Public Works Engineering Application Requests The staff report was presented by Development Center Manager Butler. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: to Adopt Resolution No. 2014 -14 of the City Council of the City of Gilroy Revising the Comprehensive Schedule of Fees Charged by Planning, Building, and Public Works Engineering to Increase Existing Fees on Select Application Requests Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -1. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Cat Tucker B. Zoning Ordinance Amendment to Section 30.19.13 (b) of the Gilroy City Code to Allow Ground Floor Offices in the Downtown Historic District Without a Conditional Use Permit for a Period of Three (3) Years (Z 14 -03) City Council Meeting Minutes 4/7/2014 ld The staff report was presented by Development Center Manager Butler. The public hearing was opened. Ron Kirkish spoke on parking metering in the downtown to encourage people to do their business and move from the parking space further suggested that the property owners not be penalized as the business community should carry the burden. The public hearing was then closed. Motion on Item VI11.B. Motion: to Direct Staff to Prepare an Ordinance Amendment to Section 30.19.13 (b) of the Gilroy City Code to Allow Ground Floor Offices in the Downtown Historic District Without a Conditional Use Permit for a Period of Three (3) Years Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -2. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano; Council Member Dion Bracco C. Zoning Ordinance Amendment to Various Sections of Chapter 30 of the Gilroy City Code to Implement Changes in State Law Concerning Reasonable Accommodation, Density Bonus and Emergency Shelters and Transitional and Supportive Housing (Z14 -02) The staff report was presented by Planner Bischoff. The public hearing was opened. Ron Kirkish was called to speak sharing his concerns about finding housing for the Homeless, and sharing a recent murder in the City of Santa Cruz and his concerns with fiscal accountability and costs to the tax payers. The public hearing was then closed. Motion on Item VIII.C. Motion: to Direct Staff to Prepare an Ordinance Amending Various Sections of Chapter 30 of the Gilroy City Code to Implement Changes in State Law Concerning Reasonable Accommodation, Density Bonus and Emergency Shelters and Transitional and Supportive Housing Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 30 Article 37 of the Gilroy City Code Entitled "Sign Regulations" to Modify Regulations for Handheld, Window, Portable, Off -site Residential Open House and Temporary Signs, and Flags, Balloons, and Streamers Public comment was opened. Irene Peterson was called to speak sharing her concerns with prohibiting her tax business from using costumed flag waivers to market during the tax preparation season. Georgine Scott - Codiga was called to speak sharing her concerns with banning flags and further spoke on the issue of limiting local businesses from generating business. Suzanne Rodriguez was called to speak sharing her thoughts on prohibiting freedom of City Council Meeting Minutes 4/7/2014 5 speech and constitutional rights and she then asked how much staff enforcement time would be spent enforcing the ordinance. Barbara Rubio spoke on the use of the costumed crow who drew customers to her insurance business explaining that the largest amount of her business came from a banner and costumed crow mascot. Mark Turner was called to speak stating that he believed there was a case to be made with regards to advertising as well as the responsibility that went along with the right. He spoke on the need to enforce the ordinance as well as issues with "A" frame signs. Marco Escobar was called to speak stating that he had opened his computer shop and used the "A" frame sign to draw much of his business. Joseph Filice was called to speak stating that he was against the ordinance and didn't believe the adoption had been well publicized. He explained that there were exemptions that he didn't believe were fair and went on to state that he didn't want to see the City become sterile and believed the city should regulate and not prohibit. He explained that the economy was picking up in Gilroy and the ordinance would sterile the economic growth. Jean Ryan was called to speak stating that in Morgan Hill there were sign waivers. A gentleman stated that the ordinance was business unfriendly as "A" frame signs were allowed in other cities such as Morgan Hill. He further spoke on driving regulations and and parking in the downtown. John Rubio was called to speak sharing his concerns with the ordinance and the difference between the outlet shoppers and the business in the downtown explaining that the outlets had the advantage due to proximity to the highway, and he believed the small businesses were being targeted with the new ordinance. Public comment was then closed. Motion on Item IX.A. Motion: to Adopt Ordinance No. 2014 -04 of the City Council of the City of Gilroy Amending Various Provisions of Chapter 30, Article 37 of the Gilroy City Code Entitled "Sign Regulations" Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -1. 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 X. INTRODUCTION OF NEW BUSINESS A. Consideration of Providing a Letter of Support for Assembly Bill 1799 as Requested by the Santa Clara Valley Water District The staff report was presented by City Engineer Smelser and further described by Santa Clara Valley Water District staff member Rachel Gibson There were no public comments. Motion on Item X.A. Motion: Approve Motion to Approve Submission of a Letter Supporting Assembly Bill 1799 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -1. City Council Meeting Minutes 4/7/2014 Ce 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 B. Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) Public Service Grant Funding Renewal Recommendations for Fiscal Year 2015 The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.A. Motion: to Approve the Second Year Funding of the CDBG and HTF Public Service Grants for Fiscal Year 2015 Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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. Discussion of Publishing Written Public Comment Material in City Council Packets The item was presented by Mayor Pro Tempore Woodward. Public comment was opened. Ron Kirkish spoke on the variety of material he provide to Council suggesting that much of it was fairly poignant with regards to state and federal actions, asking how the material could be circulated to the Council Public comment was then closed Motion on Item X.C. Motion: Provided Direction to Staff to limit public comment on items not on the agenda to 10 pages in hard copy and allow an unlimited amount of material electronically, to be incorporated into the Council Agreements. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. 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 Absent: Council Member Peter Arellano XI. CITY ADMINISTRATOR'S REPORTS The City Administrator reminded the Council of their upcoming meeting at 5:00 p.m. in Police Department Community room. XII. CITY ATTORNEY'S REPORTS City Attorney Callon explained that the updates to the Brown Act and FPPC regulations had distributed to the full Council at the dais. She then spoke on the Smith v. City of San Jose case regarding private email which been upheld in the Superior court. Mayor Gage suggested donating to the community foundation as a Council during the Silicon Valley "gives" campaign. City Council Meeting Minutes 4/7/2014 The Council adjourned the meeting at 9:00 p.m. 1 l _i , was Freels\,,MMC City Clerk of the City of Gilroy City Council Meeting Minutes 4/7/2014