Minutes 2010/12/06
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City of Gilroy
City Council Meetina Minutes
December 6.2010
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:28 p.m. and led the pledge of
allegiance.
The Invocation was given by Father Dan Derry of Saint Mary's Catholic Church.
City Clerk Freels reported that the agenda had been posted December 1, 2010 at 4:00
p.m.
Roll Call
Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;
Council Member Bob Dillon; Member Craig Gartman; Council Member Cat Tucker;
Council Member Perry Woodward; Mayor AI Pinheiro
B. Orders of the Day
Mayor Pinheiro announced that the closed session on the agenda had been cancelled.
C. Proclamations, Awards and 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
There were no public comments.
B. Bicycle Pedestrian Commission Annual Presentation to Council
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The presentation was given by Thomas Muniz, Chair of the Bicycle Pedestrian
Commission.
III. REPORTS OF COUNCIL MEMBER'S
Council Member Dillon thanked Council Member Bracco for chairing the downtown
Christmas tree lighting the previous weekend.
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IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
V. CONSENT CALENDAR
Council Member Dillon asked that Item V.C. be pulled from the consent calendar.
A. Minutes of November 15, 2010 Regular Meeting
B. Notice of Acceptance of Completion for Well (8) Eight and 8A Permanent
Standby Generator, Project No. 08-CDD-16
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A & B
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Member
Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent: Council Member Peter Arellano, M.D.
C. Budget Amendment Request to Allocate $150,000.00 for Studies, Document
Reviews, Data Collection and Preparation of Grant Applications for Work
Associated with the California High Speed Rail Project
The staff report was presented by City Administrator Haglund.
Public comment was opened.
Randy Scanna spoke in opposition to providing funding for studies related to the High
Speed Rail project.
Joe Thompson spoke in opposition to providing funding for the High Speed Rail project,
sharing the losses of funding to support railroads.
Gary Muraoka spoke in support of the funding as it would allow the City to study the
High Speed Rail project.
Yvonne Sheets-Saulcedo stated that she was torn with the decision to fund studies of
the High Speed Rail project.
Marc Perkel stated that the funding for studies would allow the City to make good
decisions on the High Speed Rail project.
Public comment was closed.
Motion on Consent Calendar Item C
Motion: to approve Budget Amendment Request to Allocate $150,000.00 for
Studies, Document Reviews, Data Collection and Preparation of Grant
Applications for Work Associated with the California High Speed Rail Project
Moved by Council Member Peter Arellano, M.D., seconded by Council Member
Perry Woodward.
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: Member Craig Gartman
VI. UNFINISHED BUSINESS
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A. A Resolution of the City Council of the City of Gilroy Approving AS/PUD 10-18,
an Application for Architectural and Site Approval of a 94-lot Subdivision
Located North of Sunrise Drive and West of Santa Teresa Boulevard, APN 783-
20-055
Public comment was opened.
Applicant Rich Alexander spoke on the added condition of landscaping on Santa
Teresa, explaining that the plan was to put in a temporary sidewalk to assist in the
student pedestrian traffic.
Public comment was closed.
Motion on Item VI.A.
Motion: to Adopt Resolution 2010-63 of the City Council of the City of Gilroy
Approving AS/PUD 10-18, an Application for Architectural and Site Approval of a
94-lot Subdivision Located North of Sunrise Drive and West of Santa Teresa
Bouleyard, APN 783 20-055 with the change of the temporary sidewalk.
Moved by Council Member Peter Arellano, M.D., 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; Member Craig Gartman; Council Member
Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
B. An Ordinance of the City Council of the City of Gilroy Amending 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
There were no public comments.
Mayor Pro Tempore Bracco stated that he had viewed the previous Council meeting
video, and would be voting on the item.
Motion on Item VI.B.
Motion: to Adopt Ordinance 2010-18 of the City Council of the City of Gilroy
Amending 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 Bob Dillon, 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; Member Craig
Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor
AI Pinheiro
VII. CEREMONIAL ITEMS
A. Official Canvass of the November 2, 2010 Municipal Election Results
The staff report was presented by City Clerk Freels.
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Public comment was opened.
Gary Muraoka of AFSCME welcomed Council Member Elect Peter Leroe-Munoz and
thanked Council Member Gartman for his service on the Council.
Public comment was closed.
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Motion on Item VitA.
Motion: to Adopt Resolution 2010-64 of the City Council of the City Approving and
Adopting the Certification of the Registrar of Voters' Canvass of the General
Municipal Election and Declaring Results of Such Election Held in the City of
Gilroy on November 2,2010
Moved by Member Craig Gartman, 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; Member Craig Gartman; Council Member
Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Mayor Pinheiro presented a plaque to outgoing Council Member Gartman.
Council Member Gartman thanked the Mayor for his plaque and spoke on his history
with the City of Gilroy, thanking several staff and his counter parts on the Council for the
experience.
The Council adjourned Sine Die.
City Clerk Freels gave Council Members Peter Arellano, Dion Bracco and Peter Leroe-
Munoz the oath of office.
City Clerk Freels presented certificates of election to Council Members Arellano, Bracco
and Leroe- Munoz.
Council Member Leroe- Munoz thanked family, friends and supporters for their efforts
during his election and spoke on his future as a City Council Member.
Council Member Bracco thanked his family and supporters for their help during his
campaign.
Council Member Arellano thanked his family, friends and supporters for their work on
his campaign, sharing his hopes for the upcoming term in office.
Roll Call
Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;
Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
VIII. BIDS AND PROPOSALS
A. Approval of Consultant Agreement with HDR Engineering, Inc. to Conduct a
Rate Study of the City Water and Wastewater Enterprises
The staff report was presented by Finance Director Turner.
There were no public comments.
Motion on Item VIII.A.
Motion: to Approye Consultant Agreement With HDR Engineering, Inc. Not to
Exceed $46,315.00, to Conduct a Rate Study of the City's Water and Wastewater
Enterprises, and Authorize the City Administrator to Negotiate and Execute
Related Documents
Moved by Council Member Cat Tucker, 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 Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro; Council Member
Peter Leroe-Munoz
IX. PUBLIC HEARINGS
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A. Tentative Map Request to Subdivide Approximately 59.7 Acres to Create 16-
Commercial and Industrial Lots on a Property Zoned C3-M2-PUD (Shopping
Center Commercial/Generallndustrial/Planned Unit Development), Located at
the Northeast Corner of Pacheco Pass and Camino Arroyo, APN 841-18-082
,Machado Development Company c/o Kenneth Machado, Applicant; TM 04-15;
Architectural Industrial Design Guidelines Approval for a Property Zoned C3-
M2-PUD (Shopping Center Commercial/Generallndustrial/Planned Unit
Development), AS-PUD 04-62
The staff report was presented by Planner II Durkin, Traffic Engineer Dey and City
Engineer Smelser.
The public hearing was opened.
Lee Weider spoke on behalf of the applicants, stating that the applicant agreed with all
of the conditions presented by staff.
Thomas Muniz spoke on the staff work with the developer, sharing the comments on the
trails within the development presented by the Bicycle Pedestrian Commission.
There were no further public comments.
Motion on Item IX.A.
Motion: approve Motion to Direct Staff to Prepare a Resolution Certifying the
Rancho San Ysidro-Machado Subdivision EIR and
Adopting a Statement of Overriding Considerations
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D.
Vote: Motion carried 7-0.
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; Council Member
Peter Leroe- Munoz
Second Motion on Item IX.A.
Motion: to Direct Staff to Prepare a Resolution approving TM 04-15
Moved by Council Member Perry Woodward, 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 Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro; Council Member Peter Leroe-
Munoz
Third Motion on Item IX.A.
Motion: to Direct Staff to Prepare a Resolution Approving, AS 04-62
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano, M.D.
Vote: Motion carried 7-0.
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; Council Member Peter Leroe-Munoz
B. Approval of State of California Law Enforcement Block Citizens' Option for
Public Safety (COPS) Grant Spending Plan for Fiscal Year 2010/2011 in the
Amount of $100,000.00
The staff report was presented by Police Chief Turner.
The public hearing was opened, and there being no comments, the hearing was closed.
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Motion on Item IX.B.
Motion: to Approve Fiscal Year 2010/2011 State of California Law Enforcement
Block Grant (COPS Grant) Spending Plan
Moved by Mayor Pro Tempore Dion Bracco, 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 Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro; Council Member Peter Leroe-
Munoz
C. Tentative Map Request to Create 7 Residential and 2 Commercial
Condominiums on a Property Located at 66 Third Street, Zoned Downtown
Expansion District (OED), Barbara Seiler Applicant; TM 10-02
The staff report was presented by Planner II Durkin and Development Engineer
Hughes.
Public comment was opened.
Paul Gilbert, architect for the project, spoke on the plans to develop a project that would
attract permanent residents. He then shared the layout of the suites, and spoke on the
sewage easements.
Public comment was closed.
Motion on Item IX.C.
Motion: to Direct Staff to Prepare a Resolution Approving, TM 10-02, with
modification to condition 21.
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Leroe- Munoz
No: Mayor Pro Tempore Dion Bracco
X. INTRODUCTION OF NEW BUSINESS
A. San Ysidro Park Recreation Building Options Study and Design Award
The staff report was presented by Operations Engineer Stubchaer and Recreation
Manager Deleon.
There were no public comments.
Motion on Item X.A.
Motion: to Approve Hemingway/Stock, Inc. to Reactivate the Design of the San
Ysidro Park Recreation Building Remodel, Accessibility & Site Improvements
Project, Option 2 with A, B & C, and Authorize the City Administrator to Execute
Related Documents
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro; Council Member Peter Leroe- Munoz
No: Council Member Bob Dillon
B. An Ordinance of the City Council of the City of Gilroy Amending Section
2.13(A) of the Gilroy City Code Revising the Start Time of Regular Meetings of
the City Council to 5:00 p.m.
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Public comment was opened.
Mary Yates spoke in opposition to the new start time, stating that members of the public
would not be able to attend so early.
Public comment was closed.
Failed Motion on Item X.B.
Motion: approve 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 failed 3-4.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Mayor AI
Pinheiro; Council Member Peter Leroe- Munoz
Motion on Item X.B.
Motion: to Read the Ordinance by Title Only and Waive Further Reading of An
Ordinance of the City Council of the City of Gilroy
Amending Section 2.13(A) of the Gilroy City Code Revising the Start Time of
Regular Meetings of the City Council to 6:00 p.m.
Moved by Council Member Peter Arellano, M.D., 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 Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro; Council Member
Peter Leroe-Munoz
City Clerk Freels read the ordinance title.
Second Motion on Item X.B.
Motion: to Introduce An Ordinance of the City Council of the City of Gilroy
Amending Section 2.13(A) of the Gilroy City Code Revising the Start Time of
Regular Meetings of the City Council to 6:00 p.m.
Moved by Council Member Peter Arellano, M.D., 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 Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro; Council Member
Peter Leroe- Munoz
Mayor Pinheiro called a recess at 9:40 p.m.
The Council reconvened at 9:50 p.m.
C. A Resolution of the City Council of the City of Gilroy Extending the Deadline to
Complete the Seismic Safety Retrofitting Mitigation
The staff report was presented by Development Center Manager Abrams.
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There were no public comments.
Motion on Item X.C.
Motion: to Adopt Resolution 2010-65 of the City Council of the City of Gilroy
Extending the Deadline to Complete the Seismic Safety Retrofitting Mitigation
Program for Unreinforced Masonry Buildings and the Imposition of Penalties to
June 30, 2011 Program for Unreinforced Masonry Buildings and the Imposition of
Penalties to June 30, 2011
Moved by Council Member Perry Woodward, seconded by Council Member Bob
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Dillon
Vote: Motion carried 7-0.
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; Council Member Peter Leroe-Munoz
D. Fiscal Year 2010/2011 First Quarter Budget Review
The staff report was presented by Finance Director Turner.
There were no public comments.
The Council received the report.
E. Selection of Mayor Pro Tempore
Mayor Pinheiro recommended appointing Council Member Cat Tucker as Mayor Pro
Tempore.
There were no public comments.
Motion on Item X.E.
Motion: to Appoint Council Member Cat Tucker as Mayor Pro Tempore for a (2)
Two-Year Term.
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7-0.
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; Council Member
Peter Leroe- Munoz
XI. CITY ADMINISTRATOR'S REPORTS
There was none.
XII. CITY ATTORNEY'S REPORTS
There was none.
XII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Pursuant
to Government Code Section 54856.9(b )(2)(C); Gilroy City Code Section 17 A.8, 17 A.11 ;
Claim: AT &T Claim for Refund of Utility User Tax, City of Gilroy as Defendant
The item was not heard.
The Council adjourned at 10: 10 p.m.
AWNA FREEL
City Clerk