Minutes 2010/06/07
City of Gilroy
City Council Meetina Minutes
June 7. 2010
A. Call to Order and Roll Call
Mayor Pinheiro called the Special Meeting to Order at 6:08 p.m.
Roll Call
Present: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent/Excused: Council Member Peter Arellano, M.D.
I. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT;
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5)
Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human
Resources Director; Jeff Sloan, City Legal Counsel; Dale Foster, Fire Chief
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters
Local 2805
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B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5)
Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy
Police Officers
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human
Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief
Anticipated Issues(s) Under Negotiation: Hours, Benefits, Working Conditions
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Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police
Officers Association, Inc.
There were no public comments on Items I.A. and I.B.
The Council adjourned to Closed Session at 6:10 p.m.
REGULAR MEETING - 7:00 P.M.
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 7: 05 p.m. and led the pledge of
allegiance.
The Invocation was given by Pastor Tim Howe of First Baptist Church.
City Clerk Freels announced that the agenda had been posted on June 2, 2010 at 12:00
p.m. ~
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Mayor Pinheiro explained that the Council had earlier been in closed session, and there
had been no closed session announcements.
Roll Call
Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;
Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
B. Orders of the Day
There were no agenda changes.
C. Proclamations, Awards and Presentations
There were no proclamations or award presentations.
II. 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
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There were no public comments on items not on the agenda.
III. REPORTS OF COUNCIL MEMBERS
Council Member Tucker shared a report from a recent Caltrans Citizens Advisory
Committee Meeting, explaining that Caltrans services that were being cut in the south
Santa Clara county areas, suggesting the Council consider sending a letter to Caltrans
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regarding the proposed cuts.
MAYOR'S REPORT
A. Discussion of First Floor Offices in the Downtown District
Mayor Pinheiro spoke on the downtown specific plan with regards to downtown offices
stating that during Future Agenda Items, he would suggest that the item be agendized
for a future meeting.
He then spoke on the weekend opening of the Leadership Gilroy demonstration garden
in the downtown area.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pinheiro shared an email from Tim Gavin who was requesting that the Council
hear a presentation on traffic issues in the city. He asked the Council if they would like
to hear the item during a study session and suggested the Council discuss agendizing
the item once additional information had been provided by Mr. Gavin. .
Mayor Pinheiro then went on to ask Council to consider agendizing an item on the
zoning issues prohibiting first floor offices in the downtown areas.
The Council agreed to agendize the item.
Council Member Woodward suggested agendizing an item on the request from the
Leadership Gilroy Class of 2010 for fencing at the downtown garden.
The Council agreed to agendize the item at the next meeting.
Council Member Woodward then shared his recent discussions with Planning
Commissioners regarding the lack of legal counsel at the last two Planning Commission
meetings, asking to agendize an item on the issue. He then rescinded his request
following the City Attorney's explanation for the reason for the absences.
Council Member Woodward then asked to agendize a study session on the feasibility to
switch fire protection services to CalFire, or other fire alternatives.
The Council agreed to agendize an item.
Council Member Tucker asked to agendize an item in July on what options the City had
with regards to the High Speed Rail project.
The Council agreed to agendize the item.
V. CONSENT CALENDAR
A. Minutes of May 17, 2010 Regular Meeting
B. Resolution 2010-20 of the City Council of the City of Gilroy Authorizing
Application for $540,000 in 2010 CalHome Funds for Citywide Down Payment
Assistance Program with the State Housing and Community Development
Department and Authorizing the City Administrator to Execute Related
Documents
Motion on Consent Calendar
Motion: to Approve Consent Calendar Items A and B
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
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C. Resolution 2010-21 of the City Council of the City of Gilroy Setting the
Appropriation Limit for Fiscal Year 2010/2011
Motion on Item V.C.
Motion: to approve Resolution 2010-21 of the City Council of the City of Gilroy
Setting the Appropriation Limit for Fiscal Year 2010/2011
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Craig Gartman
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VI. BIDS AND PROPOSALS
A. Authorization to the City Administrator to Negotiate and Execute a Contract
with Town Green in the Amount not to Exceed $96,600.00 for Consultant
Services for the Preparation of the Climate Action Plan Consultant Award
The staff report was presented by Senior Planner Ketchum.
There were no public comments.
Motion on Item VI.A.
Motion: to Authorize the City Administrator to Negotiate and Execute a Contract
with Town Green in the Amount not to Exceed $96,600.00 for Consultant Services
for the Preparation of the Climate Action Plan Consultant Award
Moved by Council Member Peter Arellano, M.D., seconded by Council Member
Perry Woodward.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
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B. Award of Bid in the Amount of $1,024,474.00 to Don Chapin Company for the
Sixth Street Streetscape Improvement Project from Railroad to Eigleberry
Streets, Project No. 09-CDD-167
Council Member Gartman recused himself from deliberating on the item explaining that
he was in the process of renting a building in the subject area. He then left the dais.
The staff report was presented by Traffic Engineer Dey.
Public comment was opened.
Gary Walton spoke in support of the improvements in the area and effects of the
construction to the businesses in the downtown areas, suggesting that a procedure be
put into effect to prepare the local businesses. He went on to suggest that the unpaved
area behind the Old City Hall be paved and suggested that excess money be spent on
steam cleaning the sidewalk instead of artwork.
Public comment was closed.
Motion on Item VI.B.
Motion: to Approve Bid in the Amount of $1,024,474.00 to Don Chapin Company
for the Sixth Street Streetscape Improvement Project from Railroad to Eigleberry
Streets, Project No. 09-CDD-167; with 4 additional items: adding landscaping on
the east side areas, outreach to businesses, curb and gutter and paving in the
unpaved areas.
Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
Vote: Motion carried 6-0-1.
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Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Craig Gartman
Council Member Gartman returned to the dais.
VII. PUBLIC HEARINGS
A. Drinking Water Public Health Goal Report
The staff report was presented by Water Operations Supervisor Aldridge.
The public hearing was opened; there being no comments, the public hearing was
closed.
B. Z 10-03, Zoning Ordinance Text Amendment of Sections 50.62 and 50.63 of the
City Zoning Ordinance to Provide for a New Category of Residential Projects
that are Exempt from Residential Development Ordinance (ROO) Competition,
ROO Review Implementation Policy, Creation of a New Shovel-ready Infill Pool
of Allotments for ROO Exempt Projects, and Award of 32 Shovel-ready Infill
Allocations to Ronan Avenue Investors Project Z 09-04, APN 790-16-231
The staff report was presented by Interim Planning Manager Bischoff.
The public hearing was opened.
Grant Miller spoke in opposition to the project and changes to the zoning ordinance.
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Kim Pihl spoke on the shovel-ready component of the zoning text amendment,
explaining that the 32 units could not be allotted as proposed as a R1.
James Suner spoke on the RDO process stating that the allocations shouldn't be pulled
from other projects and suggested the City stay away from the annual RDO competition.
He explained that there were less than 200 units of infill in the City and concluded by
suggesting that the Council approve the item.
Dennis Bacon stated that it was impossible to create a process that would fit everyone,
explaining that the 3-story buildings had previously been omitted and density lowered,
which had been amenable to the community.
Lorna Bacon spoke in opposition to the change, sharing planning processes of the City
in the past and stating that the approved 18 homes were appropriate in the
neighborhood. She concluded by sharing issues of congested traffic in the area.
Jose Luis Algvera spoke in opposition to the 32 homes stating that he was fine with the
18.
Skip Spiering spoke in support of the proposed zoning text amendment stating that a
pool should be set, and the final approval be at the Council's decision.
Rebecca Barajas stated that the City was bending over backwards for the development
stating that she had purchased her home with the knowledge that the project would only
be 18 units and not 32. She concluded by stating that the residents in the area were
going to be negatively impacted by the increase in units.
The public hearing was closed.
City Attorney Callon suggested the Council deliberate on the zoning text amendment
policy and development of an infill pool, and then continue the action of the specific
project under the deliberations of the next item.
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Motion on Item VII.B.
Motion: to create an amendment to section 50.63 establishing a category of
shovel ready in which to approve projects defined as something completed in 36
months and infill as defined by the zoning ordinance, approved at the Council
Discretion, with an initial pool of 200
Moved by Council Member Craig Gartman, seconded by Council Member Perry
Woodward.
Vote: Motion carried 4-3.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Perry Woodward
No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Mayor AI
Pinheiro
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City Attorney Callon suggested addressing the Resolution approving the application for
shovel-ready infill exemptions for the Ronan Avenue investors Project during Item VII.
The Council adjourned for a 5 minutes at 9:45 p.m.
The Council resumed the meeting at 9:53 p.m.
C. Zoning Amendment to Change the Zoning of 4.35 Acres from R1 (Single
Family Residential) to R1-PUD (Single Family Residential-Planned Unit
Development) for a Property Located on Ronan Avenue at the Termini of Brazo
and Bosque Streets; Ronan Avenue Investors, LLC (c/o Michael McDermott)
Applicant, Z 09-04
The staff report was presented by Planner II Durkin.
The public hearing was opened.
Kim Pihl spoke on the zoning requirements stating that the plan in place did not meet .....
the requirements, nor did it meet the PUD requirements.
Grant Miller spoke on the setbacks stating that there would be parking problems. He
then explained that the timeline was too long for the build-out of the amenities.
Cheryl Swanson spoke on parking problems in the area and the need for police
assistance. She then spoke in opposition to the 3-story homes.
The public hearing was closed.
Motion on Item VII.C.
Motion: to Direct Staff to Prepare an Ordinance Approving the Zone Change
Request to Change the Zoning of 4.35 acres From R1 (Single Family Residential)
to R1-PUD (Single Family Residential-Planned Unit Development) for a Property
Located on Ronan Avenue at the Termini of Brazo and Bosque Streets
Moved by Council Member Craig Gartman, seconded by Council Member Perry
Woodward.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Perry Woodward
No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI J-,...
Pinheiro
D. Tentative Map Approval to Subdivide 4.35 acres into 32 Residential Lots for a
Property Located on Ronan Avenue at the Termini of Brazo and Bosque
Streets; Ronan Avenue Investors (c/o Michael McDermott) Applicant, TM 09-02
Public hearing was opened; there being no comment, the hearing was closed.
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Applicant Michael McDermott spoke on the need for an approval of 32 units to make the
project work.
Failed Motion on Item VII.D.
Motion: approve Motion to Direct Staff to Prepare a Resolution Approving Tentative Map
Approval to Subdivide 4.35 acres into 32 Residential Lots, TM 09-02
Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
Vote: Motion failed 3-4.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member
Perry Woodward
No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council
Member Cat Tucker; Mayor AI Pinheiro
Motion on Item VitO.
Motion: to Direct Staff to Prepare a Resolution Approving the Tentative Map to
Subdivide 4.35 acres into 29 Residential Lots, TM 09-02
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Perry Woodward
No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI
Pinheiro
E. Architectural and Site Request to Allow the Development of a 32-unit
Residential Development on a Property Located at Ronan Avenue at the
Termini of Brazo and Bosque Streets; Ronan Avenue Investors (c/o Michael
McDermott) Applicant, AS 09-12
The public hearing was opened.
Mr. Barrajas spoke on the impacts the size of the homes would have on his home and
explained that there was a park with all amenities 2 blocks from the neighborhood.
The public hearing was closed.
Failed Motion on Item VILE.
Motion: approve Motion to Direct Staff to Prepare a Resolution Approving Architectural
and Site Design for 29 residential units A1S 09-12,
Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
Vote: Motion failed 3-4.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member
Perry Woodward
No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council
Member Cat Tucker; Mayor AI Pinheiro
Motion on Item VII.E.
Motion: to Direct Staff to Prepare a Resolution for Architectural and Site Design
for A1S 09-12, of 29 units with the 7 units on the east side to be reduced to 4 units.
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano, M.D.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Perry Woodward
No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI
Pinheiro
City Attorney Callon explained that the Tentative Map Item VII.D. would be in
conformance with the map change as approved for Item VII.E.
F. Z 07-05 Zone Change Map Amendment to Rezone a Portion of 5.74 Acres
Located at the Northeast Corner of Leavesley Road and Forest Street From eM
(Commercial Industrial) to C3-PUD (Shopping Center Commercial-Planned
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Unit Development) Fresh Group Inc., c/o Tauan Chen, Applicant
The staff report was presented by Planner /I Durkin.
Council Member Dillon stated that he had met with the applicant.
The public hearing was opened.
James Suner spoke on behalf of the applicant sharing the details of the project.
Richard Spitler of the EDC spoke in support of the project stating that it would be
beneficial to have the extended stay hotel in the City.
Tom Westoby spoke on the Forrest Street assessment that he and all other property
owners had paid when they developed in the area.
Pasquale Greco spoke on the ownership of the utilities on the power lines, sharing the
difficulty the City of Santa Clara had with PG & E explaining that the costs were very
high. He then spoke on the agreement Santa Clara had made with developers to
accommodate undergrounding of existing utilities.
The public hearing was closed.
Motion on Item VI.F.
Motion: Approval of the Mitigated Negative Declaration, Finding that it: (a) has
been Completed in Compliance with CEQA; (b) reflects the Independent
Judgment of the City; and, (c) there is no Substantial Evidence that the Project
will have a Significant Effect on the Environment
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward
No: Mayor AI Pinheiro
Motion on Item VI.F.
Motion: to Direct Staff to Prepare an Ordinance Approving/Modifying Z 07-05 as
Recommended by Planning Commission without condition 80
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward
No: Mayor AI Pinheiro
Motion to continue passed 11 :00 p.m. meetina stop time.
The Council agreed to continue the meeting passed 11 :00 p.m., and address
continuing the remaining items after the conclusion of the current item.
G. A/S 08-01 Architectural and Site Request to Construct Two (2) Hotels, Two (2)
Restaurants, and a Parking Structure Located at the Northeast Corner of
Leavesley Road and Forest Street; Fresh Group Inc., c/o Tauan Chen,
Applicant
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The staff report was presented by Planner /I Durkin.
The public hearing was opened; there being no comment it was closed.
James Suner spoke on behalf of the applicant sharing the details of the project.
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Motion on Item VI.G.
Motion: to Direct Staff to Prepare a Resolution Approving A1S 08-01 without
condition 80, and to require that the applicant work with staff on the colors and
exterior elements, and return to Council for the final approval.
Moved by Council Member Perry Woodward, seconded by Council Member Craig
Gartman.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Mayor Pinheiro asked the Council to move item IX.C. up the agenda
IX. INTRODUCTION OF NEW BUSINESS
C. Extension of the Rancho Meadows Subdivision Residential Development
Ordinance Performance Agreement, APN 783-20-061; ROO 06-04, c/o Gerry De
Young on Behalf of James Lowe, Applicant
The staff report was presented by Planner II Durkin.
There were no public comments.
Motion on Item VIII.C.
Motion: to approve grant extension ROO 06-04. Extension of the Rancho
Meadows Subdivision Residential Development Ordinance Performance
Agreement, APN 783-20-061
Moved by Council Member Bob Dillon, seconded by Council Member Craig
Gartman.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Motion to Continue Items IX. A. B. 0 to June 14. 2010
Motion: to table all remaining business items to June 14, 2010 and to take item
IX.D. to the top of the agenda.
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 4-3.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Perry Woodward
No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Mayor AI
Pinheiro
A. Parking Survey for the Civic Center Master Plan, New Library Phase
B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending
Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees
for False Alarms
D. Discussion of a Tobacco Retailer Ordinance Regulating the Sale of Tobacco
Products in the City of Gilroy
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on changing position titles in the Community Services
Department from recreation supervisor's to recreation coordinators.
XI. CITY ATTORNEY'S REPORTS
Th~re was no report.
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Mayor Pinheiro explained that the June 14, 2010 Special Meeting would begin at 6:00
p.m.
XII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government
Code section 54956.8 and Gilroy City Code section 17A.8 (a) (2); Properties:
7350/7360/7370/7380/7390 Dowdy Street, Gilroy, Ca.; Negotiators: Thomas Haglund,
City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price and Terms
of Payment
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Pursuant to
Government Code Section 54956.9(a) and Gilroy City Code Section 17A.11(c) (1);
Name of Case: City of Gilroy v. Goyko G. Kuburovich; Patricia E. Kuburovich; Neil J.
Forrest; Medileaf dba Medileaf Medical Cannabis and/or Collective Dispensary dba UR
Health & Wellness Center; Mike Atkar; Kulwinder Kaur Atkar; Case No. 09CV157867,
Superior Court, County of Santa Clara
Both Items were continued to the June 14, 2010 meeting.
The Council adjourned to at 12:10 a.m. il/
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