Minutes 2009/02/02
..
City of Gilroy
City Council Minutes
FEBRUARY 02. 2009
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the pledge of allegiance.
The Invocation was given by Jacob Hawkin, Member of the Bahai Faith Community.
City Clerk Freels reported that the agenda had been posted on January 28, 2009 at 3:00
p.m.
1
9024
Roll Call
Present: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council
Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council
Member Perry Woodward
Absent/Excused: Council Member Craig Gartman
B. Orders of the Day
Mayor Pinheiro announced that the applicant South Valley Housing had asked to continue
VII.B. to the March 2,2009 Meeting if the item was ready.
Motion to Continue Item VII.B.
Motion was made by Council Member Perry Woodward, seconded by Council Member
Peter Arellano and carried (Council Member Gartman absent) to continue the item to
the March 2, 2009 meeting if the item was ready.
C. Proclamations, Awards and Presentations
Mayor Pinheiro presented a Proclamation Naming March 2,2009 as Gilroy Tennis in the
Park's Day to the Gilroy Tennis Club Charitable Trust.
II. PRESENTATIONS TO COUNCIL
Council Member Craig Gartman joined the meeting at 7:17 p.m.
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Susan Valenta of the Chamber of Commerce spoke on the upcoming awards ceremony
February ih and then spoke in opposition to the Santa Clara County initiative on single use
plastic bags.
Jane Howard of the Visitors Bureau gave regional calendars to the Council and shared
events the Visitors Bureau was participating in.
III. REPORTS OF COUNCIL MEMBERS
Council Member Bracco stated that the Gang task force meeting would be held at 6:30 on
February 3rd.
Council Member Tucker thanked citizens who attending the dog park opening. She then
invited the public to the Santa Clara County Regional Waste Reduction meeting on February
25th as the single use plastic bags issue would be heard.
Council Member Arellano spoke on the community work for peace in the City.
Council Member Gartman spoke on the Water District's proposed increase of 15%, which
Could double water costs in a few years.
Council Member Dillon stated that the dog park opening had gone well.
Mayor Pinheiro stated that the LAFCO meeting and the VT A governance meeting were both
being held the following day.
IV. CONSENT CALENDAR
A. Minutes of January 21, 2009 Special Meeting and January 26, 2009 Regular Meeting
B. Notice of Acceptance of Completion, Forest Street Rehabilitation Project, Project
No. CDD-157
Motion on the Consent Calendar
Motion was made by Council Member Perry Woodward, seconded by Council Member
1
I
~025
Cat Tucker and carried to approve the Consent Calendar
V. BIDS AND PROPOSALS - None
VI. PUBLIC HEARINGS
A. General Plan Amendment to Amend the Downtown Specific Plan Chapter V, Table
52 (Permitted Uses Table) to Temporarily Remove the Conditional Use Permit
Requirement for First Floor Offices in the Down Town Historic District (DHD) Zone,
GPA 08-03, City of Gilroy(report attached) Zone Change Request to Amend Zoning
Ordinance Section 19.13 (b) to Temporarily Remove the Conditional use Permit
Requirement for First-floor Offices in the Downtown Historic District (DHD) Zone, Z
06-01, City of Gilroy
The Staff Report was presented by Planner /I Durkin.
The Public Hearing was opened.
Larry Cope of the EDC spoke on the amendment suggesting a caveat for employee parking
and setting a limit of a 5 year time frame. He then asked for more definition of "office"
for smaller offices.
The Public Hearing was closed.
Motion on Item VI.A.
Motion was made by Council Member Craig Gartman, seconded by Council Member
Cat Tucker to continue the item in a study session in 60 days with all stake holders.
Vote: Motion carried 7-0.
VII. UNFINISHED BUSINESS
A. Architectural and Site Review to Remodel an Existing Un-reinforced Masonry
Building at 7401 Monterey Street, APN 799-07-067, A/S 07-53, Jose Montes
Applicant
The staff report was presented by Planning Manager Faus.
Public comment was opened.
Jose Montes, the applicant spoke in favor of the design of doors leading out to the balconies.
Ben Anderson spoke on the Planning Commission discussions with the applicant on the
issue of access onto the balconies and then spoke in support of approval of the project.
Public Comment was closed.
Motion on Item VitA.
Motion was made by Council Member Craig Gartman, seconded by Council Member
Dion Bracco to provide direction to staff to prepare a resolution for the approval of A/S
07-53 with revisions as directed by Council and to have the item return at the next
meeting with site plans with all balconies being accessible.
Vote: Motion carried 7-0.
B. South County Housing Partnership Request
The item was continued to March 2, 2009 during orders of the day.
C. Appointment of Council Member to Serve as Liaison to the League of California
Cities Peninsula Division
Motion on Item VII.C.
Motion was made by Council Member Peter Arellano, seconded by Council Member
Perry Woodward to Appoint Council Member Tucker to serve as liaison to League of
Cities Peninsula Division
Vote: Motion carried 7-0.
9:026
Second Motion on Item VII.C.
Motion was made by Council Member Bob Dillon, seconded by Council Member Cat
Tucker to appoint Council Member Arellano to serve as the alternate member.
Vote: Motion carried 7-0.
VIII. INTRODUCTION OF NEW BUSINESS
A. A Resolution Adopting Green Building Policies
City Administrator Haglund presented the item.
Public comment.
Michael McDermott spoke on the Green Building Code adopted by the State.
Denise Apuzzo spoke in favor of the Green Building certifications.
Larry Cope of the EDC spoke in favor of the resolution and Green Building standards and
shared his concerns with the final costs.
Council Member Arellano asked to enter into the record his comment that reducing the carbon
footprint was important for many reasons not only for the money for developers.
Motion on Item VIII.A.
Motion was made by Council Member Perry Woodward, seconded by Council Member
Craig Gartman to Approve Resolution 2009-02, A Resolution of the City Council of the
City of Gilroy Enacting Three Green Policy Recommendations, with the edit to
paragraph 3 omitting: , for...adoption date, and adding: "other than the City of Gilroy
Library approved by the voters in November of 2008" and omitting the last sentence of
the resolution.
Vote: Motion carried 6-1(Council Member Tucker voting no).
IX. CITY ADMINISTRATOR'S REPORTS
There was no report.
X. CITY ATTORNEY'S REPORTS
There was no report.
XI. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Gartman suggested that a Closed Session be held on the bumping policy in
the Human Resources Rules and Regulations stating that the unions were opposed to the
policy. He then asked that a separate item be agendized in Closed Session to give the unions
guidance on what the Council wanted to see during the MOU negotiation process.
Motion to Add a Future Aaenda Item
Motion was made by Council Member Craig Gartman, seconded by Council Member
Bob Dillon to hold a Closed Session on bumping rights.
Vote: Motion carried 6-1(Council Member Arellano voting no).
Motion to Add a Future Aaenda Item
Motion was made by Council Member Craig Gartman, seconded by Council Member
Bob Dillon to hold a Closed Session to list the points for union negotiations
Vote: Motion carried 7-0.
Mayor Pinheiro asked to amend the previous vote on the approval of the minutes of January
21,2009 to include in the closed session announcement the press release that was sent out
January 22nd, 2009.
Motion to Amend the Minutes of January 21. 2009
Motion was made by Council Member Cat Tucker, seconded by Council Member Peter
Arellano to approve the addition in the minutes of the January 21, 2009 the Closed
Session announcement adding the press release.
Motion carried 7-0
XII. ADJOURNMENT TO THE MEETING OF MARCH 2, 2009 at 9:19 p.m.
9027