Minutes 2010/09/13
City of Gilroy
City Council Meetina Minutes
September 13. 2010
I. OPENING
A. Call to Order
Mayor Pinheiro called the regular meeting to order at 7:15 p.m. and led the pledge of
allegiance.
The invocation was given by Pastor Bill Hawkins of the New Hope Community Church.
City Clerk Freels reported that the agenda had been posted on September 8, 2010 at
10:30 a.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.
B. Orders of the Day
There were no agenda changes.
C. Proclamations, Awards and Presentations
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Mayor Pinheiro presented a proclamation honoring the Gilroy Jr. League All-Star
Softball Team for their 4th Place win in the Little League World Series.
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The City Council presented t-shirts to the team members.
Mayor Pinheiro read a proclamation naming September 27,2010 as "Family Day".
Mayor Pinheiro read a proclamation recognizing September 26th through October 2nd
as "Sea Otter Awareness Week".
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II. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBE.RS OF THE PUBLIC ON ITEMS NOT ON THE
AGENiDA, BUT WITH:liN THE SUBJECT MATTER JURISOICTlON OF THE CITY
COUNCIL
Ron Kirkish spoke on Proposition 19, suggesting the Council support the "No on
Proposition 19:" campaign by adoptin9 a resolution at the next Council meeting: in
support of the campaign efforts.
B. Planning Commission Annual Presentation to Council
Chairman Jim Gai,liey gave the annual presentation.
III. REPORTS OF COUN,CliL MEMBERS
Council Member Tucker sent her prayers and thoughts to the residents of the City of
San Bruno, and then spoke on the Red Cross blood drive efforts.
MAYOR'S REPORT
Mayor Pinheiro announced that he would be attending the League of California Cities
annual conference later in the week, and expliained that he was paying for his
registration and hotel accommodations with his campaign funds.
IV. FUTURE COUNICIL INI'TliATED AGENDA ITEMS
A. 2010 Bicycl:e Pedestrian Commission InUi:ati:ves - Mayor Pinhei:ro
Mayor Pinheiro suggested the Council support the efforts of the Bicycle Pedestri:an
Commi'ssion permi,tting the staff time and fundingl availlabiHty.
Mayor Pinheiro then sugg,ested agendizing an item on the October 4th to support the
efforts in opposition to Proposition 19.
Then majority of the Councill agreed to agendize the item (Councill Member Gartman
aglainst).
Council Member Woodward asked to agendize an iltem on the response time for staff
who are first responders in the city.
The Council agireed to ag:endize the i:tem.
Councill Member Tucker asked to agendi!ze an item on identifilcation of old gas l,ine in
Gi,lroy.
The Councill aglfeed to ag:endi,ze the item.
Mayor Pinheiro spoke on the public Smart Meter meeting being conducted by PG & E
in the Cilty, asking ilf staff would coordinate the same presentation fOIl" the Coundll.
The Councill agreed to agendi!ze the item.
V. CONISENT CALENilllAR
A. Mlhmtes of Jul.y 19', 20110 Regula,r Mleetilng'
B.. Mlinutes of AUgiust 2, 20110 Regular Meeti,ng
C. M'ilnutes of August 9, 20,10 Specilal Meetilngl
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D. Minutes of August 17, 2010 Special Meeting
E. Minutes of August 26,2010 Special Meeting
F. Notice of Acceptance of Completion, Camino Arroyo Bridge Phase II, Project
No. 08-CDD-154
G. Transfer of $361.00 of Interest Income from Museum Vase Endowment to the
Gilroy Museum Trust Account
H. Claim of Regency Centers Corporation and Regency Realty Group, Inc.
c/o Lewis, Brisbois, Bisgaard & Smith LLP (City Administrator Recommends a
"yes" vote under the Consent Calendar shall constitute the denial of the claims)
I. Property Improvement Agreement No. 2010-01, and Final Map for Tract No
Tract 9909 - Ronan Subdivision, KB Home South Bay, Inc., a California
Corporation; APN 790-16-057
Motion to Approve Consent Calendar
Motion: to Approve the Consent Calendar
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob
Dillon
Vote: Motion carried 6-0-1
Yes: 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: Council Member Peter Arellano, M.D.
VI. BIDS AND PROPOSALS
There were none.
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VII. PUBLIC HEARINGS
There were none.
VIII. UNFINISHED BUSINESS
A. Adoption of An Ordinance of the City Council of the City of Gilroy
Amending the Gilroy City Code, Article VI Entitled "Seismic Safety", Section
6.45 Extending the Deadline to Complete Mitigation Program for
Unreinforced Masonry Buildings and the Imposition of Penalties to
December 31, 2010
Council Member Gartman recused himself from deliberating on the item, explaining
that he rented an office in the downtown area. He then left the Council chambers.
Motion on Item VIII.A.
Motion: to adopt Ordinance 2010-15 of the City Council of the City of Gilroy
Amending the Gilroy City Code, Article VI Entitled "Seismic Safety", Section
6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to December 31, 2010
Vote: Motion carried 5-0-2
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon, Council
Member Cat Tucker, Council Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Peter Arellano, M.D, Council Member Craig Gartman
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IX. INTRODUCTION OF NEW BUSINESS
A. Reinstatement of Residential Development Ordinance Performance
Agreements for RD 99-15, RD 99-16, RD 01-16 and RD 01-22, Rancho
Hills/Deer Park Subdivision, APN's 783-20-055, 783-20-056 and 783-20-058
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(c/o John Filice, Glen Loma Corporation>
The staff report was presented by Planner II Durkin.
City Attorney Callon explained that she had a potential professional conflict of interest
with Arcadia Co. who was a party in the proposal, explaining that she was awaiting
waivers from her firm and Arcadia Development Co. to allow her to continue to
represent the City on the issue, and would not be providing the Council with legal
advice on the item that evening.
Council Member Tucker stated that she would need to recuse herself from the
deliberations on the item as she was unsure if the proximity of her home would be a
conflict.
Public comment was opened.
Brad Durga of Arcadia Development Co. explained that the RDO's had lapsed without
their knowledge and they were in default. He stated that the market had dropped,
which had caused them to hold off on the development, and further explained that at
the present time, they wanted to move forward with the development and begin
construction as soon as possible.
Public comment was closed.
Motion on Item IX.A.
Motion: to continue the items to the next meeting on September 20, 2010.
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker
Vote: Motion carried 6-0-1
Yes: 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: Council Member Peter Arellano, M.D.
B. Property Improvement Agreement No. 2010-02, Landscape Improvement &
Maintenance Agreement, and Final Map for Tract No. 9966 Deer Park III, John
M. Filice Family Trust and Lewis, Dick, & Brunson, LLC; APN's 783-20-055
and 783-20-056
The item was continued to the next meeting during Item IX.A.
C. Extension of the Downtown Fee Elimination Program
Council Member Gartman recused himself from deliberating on the item stating that he
rented a property in the downtown area that would directly benefit from the program.
He then left the Council chambers.
The staff report was presented by Development Center Manager Abrams.
Public comment was opened.
James Suner spoke on the program sharing the need for a nexus study.
Public comment was closed.
Motion on Item IX.C.
Motion: to Direct Staff to Prepare an Ordinance Extending the Downtown Fee
Elimination Program an Additional Two Years, and to include additional
information as requested.
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker
Vote: Motion carried 5-0-2
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Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon, Council
Member Cat Tucker, Council Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Peter Arellano, M.D.; Council Member Craig Gartman
D. Status Report on the Climate Action Plan and Request for a City Council
Representative to the Stakeholder Advisory Committee
The staff report was presented by Senior Planner Stan Ketchum.
There were no public comments.
Motion on Item IX.D.
Motion to continue the item to the next meeting.
Moved by Council Member Cat Tucker, seconded by Council Member Perry
Woodward
Vote: Motion carried 5-1-1
Yes: : 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
Absent: Council Member Peter Arellano, M.D.
E. Use of iPads and Other Electronic Devices for the Delivery of Meeting
Packets
The staff report was presented by City Clerk Freels.
City Attorney Callon suggested that the Council consider development of a policy on
electronic communications, explaining that it was beneficial when defending the City.
Motion on Item IX.E.
Motion: to develop a policy on the use of electronic devices at the dais to allow
Council to move forward with using electronic packets.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob
Dillon
Yes: 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: Council Member Peter Arellano, M.D.
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund announced that there would be a Council candidate
orientation session held on September 21st.
XI. CITY ATTORNEY'S REPORTS
There was no report.
ADJOURNMENT TO THE MEETING OF SEPTEMBER 20,2010
The Council adjourned at 9:15 p.m.
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