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HomeMy WebLinkAboutMinutes 2014/12/01City of Gilroy City Council Meeting Minutes December 1, 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 November 26, 2014 at 2:30 p.m. Roll Call Present: Council Member Peter Arellano, M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented certificates of appreciation to Citizens Advisory Committee Members 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 Joan Spencer was called to speak sharing the need for local legislation to monitor the animal kennels, sharing details of abuse at a local animal kennel. Vickie Goicovich and students from Saint Mary's school were called to speak sharing the St. Josephs Family Toy Drive. Tony Mannino spoke on homelessness issues in the community and need for a transition center to ease the homeless into permanent housing. Jan Berstein Chargin was called to speak announcing that the cold weather center was opened, and asked the Council to be compassionate in addressing the issue of homelessness, explaining that there were portions of the city's 15 point plan that did not assist the homeless issue in any way. She then requested that the Council agendize a future item to fully address the issue of homelessness. Maria Ramirez was called to speak sharing her experience working with the homeless and the needs of homeless people of the community asking for the Council's compassion in addressing them. City Council Meeting Minutes 12/1/2014 K Shawn Weymonth Board Member of the Gilroy Compassion Center spoke asking the Council to agendize a full discussion of the issue homelessness. She asked the Council to think of those who were in need of shelter Mike Torres was called to speak sharing the need for the Council to address homelessness, sharing his personal experience being homeless and ability to find the out. Erin O'Brien was called to speak regarding homelessness issues county -wide and work on solutions for permanent housing for the homeless, as well as interim solutions available. Joseph Davis was called to speak as a member of the Gilroy Compassion Center, sharing a project that the center had just begun as an interim measure of placing homeless in camp grounds. He spoke on work with other homeless organizations and requested that the assist the Center in their effort to change the county regulations to allow people to camp for 6 months at a time. Ian Macrae was called to speak as a Board member of the Compassion Center sharing the suggestion to utilize the mobile buildings that had been given to the Center which needed to be moved to another location and Diana Clinton was called to speak explaining that she was homeless and had been a homeless person in Gilroy for a long time, sharing the idea of a camp ground for the homeless and the various people that were affected by being homeless. She explained that she was working to be a functioning member of the community and asked the Council to consider addressing the issue. Public comment was then closed. B. Presentation of Award to the City Council from the Santa Clara County Tobacco Coalition Dr. Roger Kennedy of the Tobacco Coalition of Santa Clara County presented the award to the Council, congratulating the City for adopting a TRL ordinance. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco announced that the library would be open on Monday's from 1- 9 p.m. He then announced that the Gilroy Police Explorers were holding a fund raiser at West Side Grill. Mayor Pro Tempore Woodward announced that the VTA Board had allocated monies for the environmental work for the proposed trade corrider proposal of joining Highway 25, 152, 156 and 101. MAYOR'S REPORT Mayor Gage shared the open recruitment period for 27 seats on city boards, commissions and committees announcing that the application period would end the follow day at 5:00 p.m. He went on to explain that SCRWA had cancelled the last meeting and an update from the URM Task Force was further on the agenda. He concluded by explaining that the City Attorney recruitment had come to the point of issuing an offer. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dion Bracco asked if a future item on homelessness could be agendized. The full Council agreed to agendize the item. City Council Meeting Minutes 12/1/2014 VI. CONSENT CALENDAR A. Minutes of the November 17, 2014 Regular Meeting B. A Resolution No. 2014 -59 of the City Council of the City of Gilroy Establishing a Ticket Policy Pursuant to the Requirements of the Fair Political Practices Commission Regulations Section 18944.1 C. Deferred Property Improvement Agreement for Utility Undergrounding at 8595 Murray Avenue, APN 835 -01 -055 D. Adoption of an Ordinance No. 2014 -17 of the City Council of the City of Gilroy Amending Gilroy City Code Section 18.6 (b) Related to the Consumption of Alcohol in Public Parks on a Permit Basis E. A Resolution No. 2014 -60 of the City Council of the City of Gilroy Revising Condition Number 21 for Architectural and Site Review Application A/S 13 -26 for the Harvest Park Residential Project, Phase 11 Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E Moved by Council Member Tucker, 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Cancellation of a California Land Conservation Act of 1965 (Williamson Act) Agricultural Preservation Contract for 8.25 + /- Acres Located at 2300 Hecker Pass Highway, APN 810 -20 -004; Anthony Luna, Applicant (M 14 -01) The staff report was presented by Planning Manager Martin. The public hearing was opened and there being no comments, it was then closed. Motion on Item VIII.A. Motion: to Accept the County Assessor's Land Valuation and Certify the Cancellation Fee Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Second Motion on Item VIII.A. Motion: to Adopt a Resolution No. 2014 -61 of the City Council of the City of Gilroy Approving a Tentative Cancellation of Williamson Act Land Conservation Contract No. 68 -128, APN 810 -20 -004 Within the Hecker Pass Specific Plan, Application M 14-01 Moved by Mayor Pro Tempore Perry Woodward, 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 City Council Meeting Minutes 12/1/2014 n Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. A General Plan Amendment Request to Amend the Gilroy 2002 -2020 General Plan by Adopting an Updated Housing Element for the 2015 -2023 Planning Period (GPA 14 -01) The staff report was presented by Consultant. Planner Payne. The public hearing was opened, there being no comments it was then closed. Motion on Item VII1.B. Motion: to Adopt a Resolution No. 2014 -62 of the City Council of the City of Gilroy Approving General Plan Amendment GPA 14 -01 by Adopting the 2015/2023 Housing Element as an Amendment to the 2002 -2020 General Plan 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage IX. UNFINISHED BUSINESS A. Update on City Owned Property "Cherry Blossom" Located at 7259 Monterey Road The staff report was presented by Housing and Community Development Grants Coordinator Murillo. Public comment was opened. Bob Dolci was called to speak sharing the support of the county office regarding supportive and housing explaining that he had been working with both the Gilroy and Morgan Hill Police Chiefs with the proposal under AB 109. He offered to share all of his work under the program and then spoke on the court system work to bundle offenses which would force individuals to find help. Ron Kirkish was called to speak sharing the support of the proposal and the issue of homelessness. Public comment was then closed. Motion: to Receive the Report Moved by Council Member Tucker, seconded by Council Member Peter Leroe- Munoz. 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Amendments to the City's Agricultural Mitigation Policy and Consideration of an Agreement with the Silicon Valley Land Conservancy The staff report was presented by Planning Manager Martin. Public comment was opened. Connie Rogers was called to speak sharing her support for the agreement and amendments to the policy. Public comment was then closed. City Council Meeting Minutes 12/1/2014 5 Motion on Item IX.B. Motion: to Modify the City's Agricultural Mitigation Policy, and Authorize an Agreement with the Silicon Valley Land Conservancy for its Implementation with no processing of in lieu fee applications until the item returns, except for those identified in the staff report Moved by Mayor Pro Tempore Perry Woodward, 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 Tucker; Mayor Pro Tempore Pent' Woodward; Mayor Don Gage C. Unreinforced Masonry Building Update The staff report was presented by Development Center Manager Butler. Public comment was opened. Steve Ashford was called to speak who explained that the properties with liens should be release to assist the property owners with the needed repairs. Public comment was closed. Motion on Item IX.C. Motion: to Receive the Report Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Tucker. 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage X. INTRODUCTION OF NEW BUSINESS A. City of Gilroy Employee Healthy Food and Beverage Policy The staff report was presented by Senior Planner Ketchum. Public comment was opened. Shawn Weymonth was called to speak thanking the Council for considering adoption of the policy. Public comment was then closed. Motion on Item X.A. Motion: to Adopt Resolution 2014-63 of the City Council of the City of Gilroy Adopting a City of Gilroy Employee Healthy Food and Beverage Policy Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Public comment was then closed. B. Report on the Process to Join the Santa Clara County Open Space Authority The staff report was presented by Planning Manager Martin. City Council Meeting Minutes 12/1/2014 G Public comment was opened. Connie Rogers was called to speak sharing her support of joining the Authority. Carolyn Tognetti was called to speak sharing her support of joining the Authority. Alex Kennett was called to speak sharing his support of joining the Authority. Susan McKuhen was called to speak sharing her support of joining the Authority. Public comment was then closed. Failed Motion on Item X.B. Motion: Approve Receive Report and Provide Direction to Staff to move forward with hiring a consultant to pull together statistics to see if there is public support, with additional cost information provided from staff. Moved by Council Member Peter Arellano, seconded by Council Member Tucker. Vote: Motion failed 3 -4. Yes: Council Member Peter Arellano; Council Member Peter Leroe- Munoz; Council Member Tucker No: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Motion on Item X.B. Motion: to Receive the Report and Provide Direction to Staff to take no further action. Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 4 -3. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano; Council Member Peter Leroe- Munoz; Council Member Tucker C. Request for a Downtown Special Use Permit for a Large Dance Venue to be Located at 7430 Monterey Road (DSUP 14-01) The staff report was presented by Development Center Manager Butler. Public comment was opened. Applicant Darin Dixon was called to speak sharing his plans for the new venue. Ron Kirkish was called to speak sharing his thoughts on the need to serve food to draw a dancing crowd. Public comment was then closed. Motion on Item X.C. Motion: to Adopt a Resolution No. 2014 -64 of the City Council of the City of Gilroy Approving File Number DSUP 14 -01 for Purposes of Allowing a Large Dance Venue at 7430 Monterey Road Moved by Council Member 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 Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Approval of a Public Use and Common Wall Agreement Between the City - Owned Property at 7453 Monterey Road and the Adjacent Property at 7455 Monterey Road City Council Meeting Minutes 12/1/2014 Mayor Pro Tempore Woodward recused himself from deliberations on the item, explaining that he owned property within 500 feet of the subject site. He then left the dais. The staff report was presented by Development Center Manager Butler. Motion on Item X.D. Motion: to Approve the Public Use and Common Wall Agreement Between the City -Owned Property at 7453 Monterey Road and the Adjacent Property at 7455 Monterey Road Subject to Minor Modifications as Approved by the City Attorney Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage Absent: Mayor Pro Tempore Perry Woodward Mayor Pro Tempore Woodward returned to the dais. XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code Section 17A.11 (3) (a) Name of Case: Marion Brooks: Beatrice Lyons v. City of Gilroy, et al. Court: A Santa Clara County Superior Court Case No.: 1- 14 -CV- 265644 Date Case Filed: May 22, 2014 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9 (d) (2), and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant Assistant City Attorney Houston announced that the City Council was entering into closed session on both items as discussion of the litigation strategy in open session could prejudice the city's position with the cases. There were no public comments. Motion to Adjourn to Closed Session Motion: Approve Motion to Adjourn to Closed Session Moved by Council Member Terri Aulman, seconded by Council Member Tucker. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Tucker; Mayor,Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council" Member Peter Arellano; Council Member Peter Leroe -Munoz ,WNA FREED M Clerk City Council Meeting Minutes 12/1/2014