Minutes 2008/05/19
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City of Gilrov
City Council Minutes
Mondav. May 19, 2008
I. OPENING
Mayor Pinheiro called the meeting to order at 7:15 p.m.
Mayor Pinheiro led the Pledge of Allegiance
Invocation was given by Satra Zarghami of the Gilroy Ba'hai Community
Deputy City Clerk Judd reported that the agenda had been posted on May 14, 2008 at 1 :00
p.m.
Roll Call
Present: Council Member Peter Arellano, Council Member Dion Bracco, Council
Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker,
Council Member Perry Woodward and Mayor AI Pinheiro
C. Ceremonial Items
Chief Dale Foster introduced Cindy Emch, who joined the City of Gilroy as a new
Firefighter II/ Paramedic.
D. Presentations & Proclamations
Mayor Pinheiro presented a Proclamation Naming June 2, 2008 as Law Enforcement
Torch Run Day. Chief Denise Turner was present to the accept Proclamation.
Mayor Pinheiro presented a Proclamation Recognizing May 1 ih through May 1 ih, 2008 as
National Peace Officers Memorial Week. Chief Denise Turner also accepted this
Proclamation. Chief Turner spoke to attending the CA State Memorial ceremony in
Sacramento, as well as the Santa Clara County ceremony.
Former Mayor Roberta Hughan was on hand to give the annual presentation by the
Historical Heritage Commission. Mayor Hughan spoke to the Commission's mission
statement regarding the preservation of historic sites in the City of Gilroy, as per the City
zoning license. Mayor Hughan spoke of methods of accomplishing the committee's goals,
education of community, working with City staff.
II. PRESENTATIONS
A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT
WITHIN THE SUBJECT MA rrER JURISDICTION OF THE CITY COUNCIL.
There were no public comments on items not on the agenda.
III. CONSENT CALENDAR
A. Approval of Minutes of April 16, 2008 Special Meeting and April 21, 2008 and
May 5, 2008 Regular Meetings
B. Recommendation to Approve Budget Transfers/Amendments
C. Adoption of a Resolution 2008-20 of the City Council of the City of Gilroy
Authorizing Entering into an Agreement with the State of California and
Designating a Representative to Sign the Agreement and any amendments
thereto for Implementation of the Aboveground Petroleum Storage Tank Act
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D. Approval of the Second Amendment to the Agency Agreement for
Countywide AB 939 Implementation Fee and the Second Amendment to the
Agency Agreement for the Countywide Household Hazardous Waste
Collection Program for FY 2008-2009
E. Adoption of a Resolution 2008-21 of the City Council of the City of Gilroy in
support of AS 2173
Motion on the Consent Calendar
Motion was made by Council Member Dillon, seconded by Council Member
Arellano and carried to approve the Consent Calendar items A through E.
IV. BIDS AND PROPOSALS
There were no bids or proposals.
V. PUBLIC HEARINGS
There were no Public Hearings.
VI. UNFINISHED BUSINESS
A. Consideration of the Request of a Zone Change to Rezone a Property from Single
Family Residential (R1) to Two-Family Residential (R2-PUD) or Medium Density
Residential (R3-PUD) Located at 9060 & 9070 Kern Avenue, North of Mantelli Drive,
APN 790-18-015 & 017, Z 05-12[Public Hearing held July 17, 2006 with an affirmative
vote of 4-3 (Council Members Gartman and Velasco and Mayor Pinheiro voting no),
Introduced August 7, 2006 with an affirmative vote (Council Members Gartman and
Velasco voting no, Mayor Pinheiro absent), Second reading failed September 18, 2006
with a 3-3-1 vote (Council Members Gartman, Velasco and Valiquette voting no and
Mayor Pinheiro absent)]
Staff Report was presented by Melissa Durkin.
Joe Birch, applicant, was present and made himself available to answer any questions
(none were posed).
Council Member Gartman spoke to reasoning behind former council members' concerns
with rezoning issues. Also, the policy in the General Plan regarding avoiding 'clustering' of
this type of housing. His other concern was design issue. Council Member Gartman
recommended another delay or turn down - - preferred delay and have applicant come
back with entire project / Master Plan.
Council Member Arellano spoke to higher density around the area, better use of land;
high density not necessarily bad for environment or city growth. Council Member
Arellano spoke to compromising w/ rezoning, spoke of concerns with developer
requirements of site study, etc.
Mayor Pinheiro suggested Council make decision based on whether or not they feel project
has kind of amenities they want, feel project is right for the area, and/or if density is
appropriate for the area.
Council Member Tucker posed a question regarding the applicant's previous allocations,
Planner II Durkin answered as to the applicant's small project exemptions and current
units.
Motion on Item VI.A.
Motion was made by Council Member Arellano, seconded by Council Member Tucker
and carried (Council Members Gartman and Woodward voting no) to Direct Staff to
Prepare an Ordinance Approving Z 05-12 as (R2-PUD)
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VII. INTRODUCTION OF NEW BUSINESS
There were no New Business items.
VIII. CITY ADMINISTRATOR'S REPORTS
City Administrator Tom Haglund stated he had no report.
IX. CITY ATTORNEY'S REPORTS
Andy Faber was present on behalf of Linda Callon, and stated there was no report.
X. REPORTS OF COUNCIL MEMBERS
Council Member Arellano spoke of attending the General Assembly of ABAG. Focus
was decreasing carbon footprint of Bay Area and increasing efficiency of buildings.
Council Member Bracco requested that Council appoint Bob Dillon be appointed his
Alternate to the Library JPA, Council Member Bracco stated that he currently has no
Alternate. Council Member Dillon agreed, and stated that he had previous experience with
this board. Mayor Pinheiro requested this request be on next month's agenda.
Council Member Bracco spoke of the Exchange Club and Blue & Gold awards.
Historic Heritage Committee; Council Member Bracco spoke to design standards needing
enforced and looked at, and expectations be the same (i.e. Council, Developers, etc)
Council Member Gartman reminded all Council of Monday May 26th,s Memorial Day
activities, remembrance, parade, and family day at Christmas Hill Park.
Council Member Dillon stated he had no report at this time.
Council Member Tucker spoke on attending the Santa Clara County Cities Association
Meeting May 8th, talks of upcoming budget.
Council Member announced the SCCCA Annual Holiday Party is to be hosted by Gilroy at
the Elks Lodge on December 4th. (Mayor Pinheiro is the President, Gilroy is the host city).
Mayor Pinheiro asked the Council to please make sure this date is on their calendars.
Recycling & Waste Reduction commission; Council Member Tucker stated that focus/study
of many cities is the banning of plastic bags as San Francisco did. Also Mercury News
article regarding composted materials being used / given to people to use again, i.e. large
pieces of wood.
Council Member Woodward spoke on the Santa Clara Valley Habitat Conservation
Plan/Natural Community Conservation Plan Liason Group. Meeting was held at the Water
District office, Council Member Woodward spoke to finding alternatives to water sources
and giving the Water Board some competition.
XI. MAYOR'S REPORT
A. Downtown Incentive Program Update
Mayor Pinheiro spoke on current incentives in place. Council Members Bracco and Tucker
along with Mayor Pinheiro have been meeting with community members with regard to
updating Downtown Incentives. Mayor Pinheiro gave credit to Council Member Gartman
for originally bringing idea of extending these incentives. With the economy having turned,
Mayor Pinheiro spoke to extending deadline additional 2 years (permitted by 2011).
Wendy Rooney was present for any questions.
Council Member Arellano commented on considerations of 'quality' and building to
standard, referring back to Council Member Bracco comments regarding Historic Heritage
standards. Council Member Arellano also stated budget concerns with issuing blanket
extensions, and what's involved with other cuts.
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Council Member Bracco urged Council to move in this direction, and stated that there is
movement and stakeholders in the Downtown area. Bracco stated the Council could have
positive effect with these extensions and design standards.
Council Member Woodward agreed with design standard issue, and letting developers
know expectations up front.
City Administrator Haglund asked questions regarding guidelines and cost of program and
extension period, contracting for services.
Mayor Pinheiro gave direction on guidelines, and details of further information.
Council Member Arellano expressed concerns with extensions and how they will impact
budget.
Mayor Pinheiro stated the Council has ability to adjust
Council Member Tucker expressed concerns with spending money for outside consultants
vs. in house research.
City Administrator Haglund stated expectations and experience with cost of research
services. Information will be provided for Council to make decision to go to outside source
or do further work in house.
Community Development Director Wendy Rooney was present to answer fee waiver
questions, spoke to the impact of economy, reimbursements, loss of revenue, developers
and process.
Council Member Arellano spoke to impact on General fund and clarifying specific numbers
and funds.
Council Member Woodward spoke to actual occurrence of reimbursement.
Mayor Pinheiro reminded Council & Public that the Public has access to every/any
document the Council has, via the Internet, City of Gilroy web site.
Motion was made by Council Member Bracco, seconded by Council Member
Dillon and carried, to Extend the downtown deadline an additional 2 (two) years.
Mayor Pinheiro spoke on the LAFCO meeting on June 4th, 2008. New legal counsel hired
by LAFCO for the San Martin incorporation project.
Mayor Pinheiro thanked Council Member Tucker for attending the SCCCA meeting May
8th on his behalf. Mayor Pinheiro then reminded Council Members of the Friday May
23rd meeting with the visitors from Tecate, Mexico, Gilroy's Sister City.
XII. ADJOURNMENT at 8:20 to the MEETING OF JUNE 2, 2008
J~d~&&V
Deputy City Clerk