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HomeMy WebLinkAboutMinutes 2012/09/10I City of Gilroy City Council Meeting Minutes September 10, 2012 I. OPENING A. Call to Order Mayor Pro Tempore Tucker called the meeting to order at 6:02 p.m. and led the pledge of allegiance. The Invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Shawna Freels reported that the agenda had been posted on September 5, 2012 at 11:00 a.m. Roll Call Present: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent/Excused: Council Member Peter Arellano MD; Council Member Dion Bracco; Mayor Al Pinheiro B. Orders of the Day Council Member Peter Arellano M.D. joined the meeting at 6:04 p.m. There were no agenda changes. C. Introductions City Administrator Haglund shared the resignation of Interim Fire Chief Bloom. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. 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 There were no public comments. B. Historic Heritage Committee Annual Presentation to Council The presentation was given by Committee Chair Bill. Faus. C. Planning Commission Annual Presentation to Council The report was presented by Planning Commission Chair Aulman. IV. REPORTS OF COUNCIL MEMBERS There were none. City Council Meeting Minutes 9 -10 -2012 4 V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Tucker suggested that the continued discussion on an endowment for public art. The Council members agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of August 6, 2012 Special and Regular Meetings B. Notice of Acceptance of Completion for the San Ysidro Park Recreation Building Remodel, Addition and Site Improvements Project, No. 12 -PW -194 C. Notice of Acceptance of Completion for Gilroy Crossing Offsite Improvements Project, No. 11 -CDD -183 D. Notice of Acceptance of Completion for Wren Avenue and Church Street Resurfacing Project, No. 12 -PW -196 Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Council Member Dion Bracco; Mayor Al Pinheiro VII. BIDS AND PROPOSALS A. Consideration of Options for Improvements to the Sunrise Park Softball Diamond, Project No. 13 -PW -201 The item was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to reject all bids and have staff return to Council with the conditions of approval for the development project. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4 -1. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano MD Absent: Council Member Dion Bracco; Mayor Al Pinheiro VIII. PUBLIC HEARINGS A. Residential Development Ordinance Housing Exemption Request to Allocate Residential Development Allocations on a Property Zoned Neighborhood District - Planned Unit Development (ND -PUD), Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 029, 030, 031, 032, and 033 (The James Group c/o James Suner Applicant) RDO HE 12 -02 The item was presented by Planner II Durkin. City Council Meeting Minutes 9 -10 -2012 The public hearing was opened. Applicant James Suner spoke on the proposal sharing the unique joint venture with South Valley Housing. He spoke on the public art and landscaping components of the project and issues with parking. He went on to share issues on Vickory Lane and the sound wall landscaping, and further explained the goals with the Residential Development Ordinance piece of the project stating that deed restricted homes would not sell in the current market. He concluded by speaking on the neighborhood district and shovel ready policies, and goals of the Residential Development Ordinance and concluded by asking that 123 units be allocated to the project, with 32 deed restricted apartment units to equate to 36% of the project. Stephen Scholtz, homeowner on Vickery Lane shared concerns with privacy for existing property owners stating that the homes in Phase 4 could be a potential fire risk due the design of the streets, suggesting that Phase 4 be moved North. He then spoke on the increase of traffic congestion. Eleanor Villarreal spoke in support of the project stating that it was infill and fulfilled goals of the General Plan. She explained that Mr. Suner was a well respected developer in the community and contributed greatly to several non - profits in the City. The public hearing was closed. Council Member's Arellano, Leroe- Munoz, Woodward and Mayor Pro Tempore Tucker each stated they had individually spoken with the applicant. First Motion on Item VIII.A. Motion: to Direct Staff to Amend the Ordinance to allow the applicant to proceed with RDO HE 12 -02 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4 -1 -2. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano M.D. Absent: Council Member Dion Bracco; Mayor Al Pinheiro Second Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving TM 12 -01 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Council Member Dion Bracco; Mayor Al Pinheiro Council Member Peter Arellano M.D. left the meeting at 8:08 p.m. Third Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving A/S -PUD 12 -04 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4 -0 -3. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Al Pinheiro The Council took a recess at 8:09 p.m. The Council reconvened at 8:16 p.m. City Council Meeting Minutes 9 -10 -2012 2 B. City of Gilroy Intention to Form a Tourism Business Improvement District and to Levy and Collect Assessments Therein The staff report was presented by Finance Director Turner. The Public Hearing was opened. Richard Villalba - Navarette spoke on the need for an improved business district explaining that businesses were not coming to Gilroy and the TBID was something that was truly needed to improve the City's image. The Public Hearing was closed. Motion on Item VIII.B. Motion: to Continue the Public Hearing to the September 17, 2012 Regular Meeting Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4 -0 -3. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Al Pinheiro Council Member Peter Arellano M.D. joined the meeting at 8:26 p.m. IX. UNFINISHED BUSINESS There was none. X. INTRODUCTION OF NEW BUSINESS A. Discussion of a Request for Modifications to the Existing Cardroom Ordinance, Gilroy City Code Section 16.6 -1 The staff report was presented by Police Sergeant Ashley. Public comment was opened; there being no none, public comment was closed. Motion on Item X.A. Motion: to direct staff to craft an amendment to the ordinance with a one year sunset designating the Police Chief as the official to approve games, and allowing unlimited wagering, and direct staff to investigate other possible fees. Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -1 -2. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Bob Dillon Absent: Council Member Dion Bracco; Mayor Al Pinheiro XI. CITY ADMINISTRATOR'S REPORTS There were none XII. CITY ATTORNEY'S REPORTS There were none XIII. CLOSED SESSION City Council Meeting Minutes 9 -10 -2012 5 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and Monterey Streets) Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance Director Other Party to Negotiations: Bobby Baudette and Gary Walton Under Negotiations: Price and Terms of Lease Payment There were no public comments. The Council adjourned to closed session at 8:43 p.m. Motion to continue in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Council Member Dion Bracco; Mayor Al Pinheiro SFiawna Freel City Clerk City Council Meeting Minutes 9 -10 -2012