Minutes 2010/10/04
City of Gilroy
City Council Meetina Minutes
October 4.2010
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 8:10 p.m. and led the pledge of
allegiance.
The Invocation was given by Mark Turner, Pastor of South Valley Community Church.
City Clerk Freels announced that the agenda had been posted on September 29, 2010
at 2:30 p.m.
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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
Mayor Pinheiro read a Proclamation Honoring Gilroy Sister City Takko Machi for the
25th Garlic and Beef Festival the Week of October 2,2010
Mayor Pinheiro read a Proclamation Celebrating "National Immigrant's Day" Thursday,
October 28, 2010.
Mayor Pinheiro presented a Proclamation to Gilroy Rotary and Gilroy Sunrise Rotary
Naming October 24,2010 as "World Polio Day".
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
Joe Mardevich spoke on a communication he had sent to the Council and subsequent
police action, explaining that a group home in his neighborhood was a continuing issue
that needed to be addressed.
III. REPORTS OF COUNCIL MEMBERS
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MAYOR'S REPORT
Mayor Pinheiro announced a public candidate's forum for Gilroy City Council and
Gavilan College Trustees candidate's to be held on October 7,2010 at 4:00 p.m. at
Gavilan College.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
~ CONSENT CALENDAR
A. Minutes of September 13, 2010 Regular City Council Meeting
B. Minutes of September 20, 2010 Regular City Council Meeting
C. Open Recruitment for 1 Vacant Seat on the Public Art Committee
D. Claim of Analila & Jacob Alvarez (City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claims)
E. Claim of Christopher Clark (City Administrator Recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claims)
.....
Motion on the Consent Calendar
Motion: to approve the consent calendar.
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Dion Bracco.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
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Absent: Council Member Bob Dillon
VI. BIDS AND PROPOSALS
There were none.
VII. PUBLIC HEARINGS
There were none.
VIII. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Approving a
Reinstatement of the Residential Development Ordinance Performance
Agreements for RD 99-15, 'RD 99-16, RD 01-16 and RD 01-22 for the Rancho
Hills and Deer Park Project
There were no public comments.
Motion on Item VIII.A.
Motion: to Adopt Resolution 2010-49 of the City Council of the City of Gilroy
Reinstating the Residential Development Ordinance Performance Agreements for
RD 99-15, RD 99-16, RD 01-16 and RD 01-22 for the Rancho Hills and Deer Park
Projects
Moved by Council Member Cat Tucker, 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 Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Craig Gartman
B. A Resolution of the City Council of the City of Gilroy Approving A1S-PUD 10-11,
an Application for Architectural and Site Approval of a 4.35-Acre 29-Lot
Subdivision on Ronan Avenue, APN 790-16-231, and Repealing Resolution No.
2010-31
There were no public comments.
Motion on Item VIII.B.
Motion: to Adopt Resolution 2010-50 of the City Council of the City of Gilroy
Approving A1S-PUD 10-11, an Application for Architectural and Site Approval of a
4.35-Acre 29-Lot Subdivision on Ronan Avenue, APN 790-16-231, and Repealing
Resolution No. 2010-31
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 4-3.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Perry' Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Cat Tucker
C. A Resolution of the City Council of the City of Gilroy Approving the Transfer of
26 Units From the ROO Senior Affordable Housing Exemption Category to the
ROO Affordable Housing Exemption Category
There were no public comments.
Motion on Item VIII.C.
Motion: to adopt Resolution 2010-51 of the City Council of the City of Gilroy
Approving the Transfer of 26 Units From the ROO Senior Affordable Housing
Exception Category to the ROO Affordable Housing Exemption Category
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
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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
D. A Resolution of the city Council of the City of Gilroy Approving Application
AHE 10-02 For an Affordable Housing Exemption From the Residential
Development Ordinance to Allocate 26 Residential Apartment Units on a
Property Located at 9389 Monterey Road, APN 790-07-28
There were no public comments.
Motion on Item VIII.D.
M~tion: to Adopt Resolution 2010-52 of the city Council of the City of Gilroy
Approving Application AHE 10-02 For an Affordable Housing Exemption From the
Residential Development Ordinance to Allocate 26 Residential Apartment Units
on a Property Located at 9389 Monterey Road, APN 790-07-28
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 Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Craig Gartman
E. A Resolution of the City Council of the City of Gilroy Approving AS-PUD 10-04,
an Application For Architectural and Site Approval of a 26 Unit Apartment
Project Located at 9389 Monterey Road, APN 790-07-28
There were no public comments.
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Motion on Item VIII.E
Motion: to Adopt Resolution 2010-53 of the City Council of the City of Gilroy
Approving AS-PUD 10-04, an Application For Architectural and Site Approval of a
26 Unit Apartment Project Located at 9389 Monterey Road, APN 790-07-28
Moved by Council Member Perry Woodward, 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
IX. INTRODUCTION OF NEW BUSINESS
A. Neighborhood Traffic Safety Program - Phase 2 Engineering; Welburn Avenue
Neighborhood Traffic Diversion Project
The staff report was presented by Development Center Manager Abrams.
Public comment was opened.
.........
Ruben Ynzunza explained that people were running the new stop sign that had recently
been put in and then explained that city staff had stated that there would be no
significant impacts on Sixth Street when the Sixth Street bridge went in, but here had
been a very significant increase in traffic.
Tony Taylor spoke on the process of addressing the traffic problems in the
neighborhood was too slow.
Irene Ynzunza spoke on the speed of vehicles on Welburn stating that someone would
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likely get hurt if the traffic issues were not addressed.
Emma Martinez stated that she had difficulty getting out of her driveway as vehicles
would not stop to allow her to get out.
Nora Gutierrez stated that the traffic did not slow down on Welburn, explaining that she
had a car run into the front yard of her home while speeding.
Tim Gavin shared a handout with the Council and spoke on the need for traffic calming
on Welburn. He then explained that putting in more stop signs only encouraged people
to run them and spoke on a former barricade on Wren and Welburn.
Public comment was closed.
Motion on Item IX.A.
Motion: Direction to staff to conduct community outreach regarding the City
putting in temporary stop signs at the intersection at La Alondra and traffic
calming rumble strips on Welburn to be completed by the end of November; and
that nothing is to be installed before final approval by Council on November 15th.
Moved by Council Member Craig Gartman, seconded by Council Member Cat
Tucker.
Vote: Motion carried 4-3.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council
Member Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Perry Woodward
B. Support of Senate Bill 83 - Measure B - Local Transportation Investment Fund
The staff report was presented by Development Center Manager Abrams.
There were no public comments.
Failed Motion on Item IXB.
Motion: approve Motion to Direct the City Administrator to Send a Letter of Support of
Measure B to the Santa Clara Valley Transportation Authority
Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
Vote: Motion failed 2-5.
Yes: Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council
Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker
C. Approval of Award of 2009 Staffing for Adequate Fire and Emergency
Response (SAFER) Grant in the Amount of $2,343,297.00 to Fund the Rehiring
of (6) Six Firefighter Positions
The staff report was presented by Fire Chief Foster.
Public comment was opened.
Jim Buessing spoke in support of the grant funding explaining that the union understood
the grant funding of 2 years.
Public comment was closed.
Motion on Item IX.C.
Motion: to Approve the 2009 SAFER Grant Award in the Amount of $2,343,297.00
to Fund the Rehiring of (6) Six Firefighter Positions with the understanding of 2
years of limited term employment.
Moved by Council Member Craig Gartman, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7-0.
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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
ADJOURNMENT TO THE MEETING OF THE BOARD OF DIRECTORS OF THE
COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY
Motion to adiourn to the meetinQ of the Community Development AQency
Motion: approve to adjourn to Board of Directors of the Community Development
Agency
Moved by Mayor Pro Tempore Dion Bracco, 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
A. Adoption of a Resolution of the Board of Directors of the Community
Development Agency of the City of Gilroy Approving an Updated Conflict of
Interest Code
The staff report was presented by City Clerk Freels.
There were no public comments.
Motion on Community Development AQency Item A.
Motion: to Adopt Resolution 2010-01 of the Board of Directors of the Community
Development Agency of the City of Gilroy Approving an Updated Conflict of
Interest Code
Moved by Council Member Craig Gartman, seconded by Council Member Bob
Dillon.
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 Adiourn to the meetinQ of the Gilroy City Council
Motion: to adjourn to the meeting of the Gilroy City Council
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
IX. INTRODUCTION OF NEW BUSINESS
D. Adoption of a Resolution of the City Council of the City of Gilroy Approving an
Updated Conflict of Interest Code for the Community Development Agency
There were no public comments.
Motion on Item IX.D.
Motion: to Adopt Resolution 2010-54 of the City Council of the City of Gilroy
Approving a Conflict of Interest Code for the Community Development Agency of
the City of Gilroy
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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E. Adoption of a Resolution of the City Council of the City of Gilroy Approving
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the City of Gilroy Biennial Review of the City Conflict of Interest Code
There were no public comments.
Motion on Item IX.E.
Motion: to Adopt Resolution 2010-55 of the City Council of the City of Gilroy
Approving the City of Gilroy Biennial Review of the City Conflict of Interest Code
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
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
X. CITY ADMINISTRATOR'S REPORTS
Council Member Gartman asked the City Administrator to follow-up on the issue of
political signing in violation of the city zoning code.
XI. CITY ATTORNEY'S REPORTS
XII. ADJOURNMENT TO THE MEETING OF OCTOBER 18, 2010
The Council adjourned at 10:33 p.m.