Minutes 2010/11/15
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City of Gilroy
City Council Meetina Minutes
November 15.2010
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:02 p.m. and led the pledge of
allegiance.
The invocation was given by Jacob Hawkins of the Bahai Faith Community.
City Clerk Freels reported that the agenda had been posted on November 10, 2010 at
11 :00 a.m.
Roll Call
Present: 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.; Mayor Pro Tempore Dion
Bracco
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B. Orders of the Day
There were no agenda changes.
C. Proclamations, Awards and Presentations
Mayor Pinheiro presented a proclamation for National Family Week November 21 st
through the 28th.
II. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT MA TIER JURISDICTION OF THE CITY
COUNCIL
Dana Louie invited the Council and the public to a reception at the Gilroy art gallery.
The Council and the public were invited to a community Christmas concert on
December 3,2010.
Mayor Pinheiro announced Council-elect Peter Leore-Munoz was in the audience, and
congratulated him on his successful election to office.
B. Arts and Culture Commission Annual Presentation to Council
The presentation was given by Chairperson Karen LaCorte.
C. Presentation by Glen Chase on PG & E SmartMeters
Mr. Chase gave the presentation sharing the harmful biological effects of the P G & E
SmartMeter grid.
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Council Member Arellano joined the meeting.
Public comment was opened.
Ron Kirkish stated that he didn't oppose the meters, but was concerned at the loss of
PG & E jobs with the productivity enhancements with SmartMeters.
Ranna Hoefs asked the Council to join other cities in the Safety Network to stop the
harmful health effects of the PG & E SmartMeters.
Marilyn Garrett suggested the Council join other cities adopting emergency ordinances
banning the SmartMeters. She shared articles regarding the pulsing frequencies and
micro radiation from the SmartMeters and spoke on the harmful effects of microwave
technologies in schools.
Mary Yates spoke on the inability for the public to check their usage for the first 3
months that the meter was in place stating that she believed the Council should stand
up against the P G & E and approach the PUC against the methods of the program.
Greg Huraly of PG & E stated that the SmartMeters were safe explaining that PG & E
was working with the City of Watsonville to conduct customer service outreach. He then
spoke on the ability to receive updates on usage.
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Gary Bushburg, a Professor from UC Davis, stated that he was an independent
consultant to PG & E, sharing his education and background in his field. He explained
that the frequency intensity was set to the regulations of the Federal Health and Safety
requirements and explained that the magnitude of exposure was 1 %, which was 50x
below FCC standards.
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III. REPORTS OF COUNCIL MEMBERS
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Council Member Tucker proposed that the Council move the December 20th meeting to
December 13th.
The Council agreed to cancel the December 20th Council meeting.
Mayor Pinheiro thanked everyone who had attended the Exchange Club dinner.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Woodward suggested agendizing an item on the City Attorney's billings
for the 2010 calendar year.
The Council agreed to agendize the item for the January 24, 2011 meeting.
Council Member Dillon asked to agendize an item on all mail ballot elections.
The Council agreed to ask staff to check into the issue. (Council Member Arellano
against).
V. CONSENT CALENDAR
A. Minutes of November 1,2010 Regular Meeting
B. Opening of the Recruitment Period for All City Boards, Commissions and
Committees With Seats Opening January 1, 2011
C. Approval of the Santa Clara County Cities Association By-Law Amendments
D. An Ordinance 2010-16 of the City Council of the City of Gilroy Adopting the
2009 Edition of the International Fire Code, Volumes 1 and 2, with the
California Fire Code, California Code of Regulations Title 24, Part 9, with
Appendices B, C, and J, Including Local Amendments and Amending Section
10.10 and 10.11 of Chapter 10 of the Gilroy City Code
E. A Resolution 2010-59 of the City Council of the City of Gilroy Authorizing the
Filing of an Application for Federal Surface Transportation Program (STP)
and/or Congestion Mitigation and Air Quality Improvement (CMAQ) Funding of
$697,000 for the City of Gilroy School Crossings and Signage, Sidewalks, and
Bicycle Lanes Project, and Committing the Necessary Non-Federal Match and
Stating the Assurance to Complete the Project
F. A Resolution 2010-60 of the City Council of the City of Gilroy Approving TM
10-03, a Tentative Map to Create 51 Single-Family Lots on Approximately 4.74
Acres Located on Monterey Road, APN 790-07-029
G. A Resolution 2010-61 of the City Council of the City of Gilroy Approving A1S-
PUD 10-15 an Application for Architectural and Site Approval of a 51-Lot
Subdivision Project Located on Monterey Road, APN 790-07-029
Motion on the Consent Calendar
Motion: to approve the consent calendar
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent: Council Member Dion Bracco
VI. BIDS AND PROPOSALS
A. Lions Creek - Uvas Creek Trails Project Rejection of All Bids, Project No. 's 11-
CDD-175, 11-CDD-179, 11-CDD-180
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The staff report was presented by Operations Manager David Stubchaer.
There were no public comments
Motion on Item VI.A.
Motion: to Deny the Lions Creek - Uvas Creek Trails Project Rejection of All Bids,
Project No. 's 11-CDD-175, 11-CDD-179, 11-CDD-180
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
VII. PUBLIC HEARINGS
There were none.
VIII. UNFINISHED BUSINESS
A. Appointment of (1) One Member to an Unexpired Seat on the Public Art
Committee with a Term Ending December 31, 2013
There were no public comments
Motion on Item VIII.A.
Motion: to Appoint Dana Louie to the Public Art Committee with a Term Expiration
of December 31, 2013
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
B. Appointment of (2) Two Members to the Housing Advisory Commission for 2-
Year Terms
There were no public comments.
Motion on Item VIII.B.
Motion: to Appoint Rachel Sanches Parodi and Kimberly Toves to the Housing
Advisory Commission for 2-Year Terms Expiring September 30,2012
Moved by Council Member Perry Woodward, seconded by Council Member Craig
Gartman.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
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C. Adoption of An Ordinance of the City Council of the City of Gilroy Adopting
the Following Codes: 2010 California Building (Volumes 1 and 2), Residential,
Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes,
2010 California Existing Building Code with Appendices A1, A2, A3, A4, and
A5 of 2009 International Existing Building Code, Green Building Standards,
and 2009 International Property Maintenance Code; and Amending Section 6.1
of Chapter 6 of the Gilroy City Code
There were no public comments.
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Motion on Item VIII.C.
Motion: to Adopt Ordinance 2010-17 of the City Council of the City of Gilroy
Adopting the Following Codes: 2010 California Building (Volumes 1 and 2),
Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire
Codes, 2010 California Existing Building Code with Appendices A1, A2, A3, A4,
and A5 of 2009 International Existing Building Code, Green Building Standards,
and 2009 International Property Maintenance Code; and Amending Section 6.1 of
Chapter 6 of the Gilroy City Code
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 4-2-1.
Yes: Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
No: Council Member Craig Gartman; Council Member Cat Tucker
Absent: Council Member Dion Bracco
D. Report on Public Outreach on Traffic Calming on Welburn Avenue
The staff report was presented by Traffic Engineer Don Dey.
Public comment was opened.
Robert Taylor spoke on the public outreach conducted by the homeowners in the area
and petition signatures received by the City. He explained that the traffic problems
continued to go on and needed to be remedied.
Tim Gavin shared a PowerPoint presentation and a handout stating that at the public
outreach meeting, there was no vote of the attendees present. He spoke on the driving
distances in the neighborhood and spoke on installation of road barriers.
Ruben Ynzunza spoke on initial concerns brought to the City Council explaining that the
traffic was still a huge problem. He explained that 25% of the city residents travel on his
street each day, stating that the street was not built for the amount of traffic. He then
spoke on police response through the Welburn area.
Jacqui Holladay spoke on the stop sign on Hanna Street explaining that she thought a
light at the intersection of Church Street would help the issue.
Ken Holladay spoke on his email communication with the Council sharing ideas on
traffic calming on Welburn.
Public comment was closed.
Motion on Item VIII.D.
Motion: to go forward with the traffic study not to exceed $100,000, with staff
returning with interim measures for further discussion and a progress report in 6
months.
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 4-2-1.
Yes: Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
No: Council Member Bob Dillon; Council Member Craig Gartman
Absent: Council Member Dion Bracco
IX. INTRODUCTION OF NEW BUSINESS
A. Architectural and Site Request to Allow the Development of a 94-unit
Residential Development on a Property Zoned R1-PUD, (Single Family
Residential-Planned Unit Development) Located on the North West Corner of
Sunrise Drive and Santa Teresa Boulevard, APN's 783-20-055 & 56, K
Hovnanian Homes c/o Carrie Gooding Applicant; AS-PUD 10-18
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The staff report was presented by Planner II Durkin.
Public comment was opened.
Augie Dent spoke on behalf of the applicant sharing the timing of the construction and
the amenities which would continue from the previous property owner explaining that K
Hovnanian was eager to get the project moving. He explained that build out of
landscaping would be difficult in 1 year. He then stated that they were willing to upgrade
the current granny units to full kitchens.
Public comment was closed.
Motion on Item IX.A.
Motion: to Direct Staff to Prepare a Resolution Approving AS-PUD 10-18 with the
completion of the landscaping on Santa Teresa within 1 year, and the option of
the full kitchen in the granny units.
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
B. San Ysidro Park Recreation Building Options Study
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item IX.B.
Motion: to continue the item to the December 6,2010 regular meeting.
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5-1-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
C. Amendment to the Contract Between the Board of Administration of the
California Public Employees' Retirement System (CalPERS) and the City
Council of the City of Gilroy to Implement a Second Tier Retirement Benefit
for New Safety Members
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
Motion on Item IX.C.
Motion: to Adopt Resolution 2010-62 of the City Council of the City of Gilroy of
Intention to Approve an Amendment to the Contract Between the Board of
Administration of the California Public Employees' Retirement System and the
City Council of the City of Gilroy to Implement a Second Tier Retirement Benefit
for New Safety Members
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
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Second Motion on Item IX.C.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
City Clerk Freels read the ordinance by title.
Third Motion on Item IX.C.
Motion: to Introduce an Ordinance Amending the Contract Between the Board of
Administration of the California Public Employees' Retirement System (CaIPERS)
and the City Council of the City of Gilroy to Implement a Second Tier Retirement
Benefit for New Safety Members
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
Fourth Motion on Item IX.C.
Motion: to authorize Mayor to sign all related documents.
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Arellano, M.D.
Absent: Council Member Dion Bracco
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund shared the annual budgeted funding to allow a Council
Member to attend the Leadership Gilroy program.
XI. CITY ATTORNEY'S REPORTS
There were no reports.
XII. CONFERENCE WITH REAL PROPERTY NEGOTIATOR-
Pursuant to Government Code section 54956.8 and Gilroy City Code section 17A.8 (a)
(2); Properties: 7451/7453 Monterey Street, Gilroy, Ca. Negotiators: Thomas
Haglund, City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price
and Terms of Payment
There were no public comments.
The Council adjourned to closed session at 10:40 p.m.
Council Member Woodward recused from the item explaining that he owned property in
the vicinity of the subject site. He then left the meeting.
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The Council voted to continue in closed session by the following vote:
Yes: Council Member Bob Dillon; Council Member Peter Arellano, M.D.; Council
Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro;
Absent: Council Member Dion Bracco; Council Member Perry Woodward
St-rA A FREELS,
City Clerk