Minutes 2012/10/15City of Gilroy
City Council Meeting Minutes
October 15, 2012
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of
allegiance.
The invocation was given by Ruth Breton of the Bahai Faith Community.
City Clerk Shawna Freels reported that the agenda had been posted on October 10,
2012 at 2:30 p.m.
Roll Call
Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco;
Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
B. Orders of the Day
There were no agenda changes.
C. Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a proclamation naming the Month of October as Domestic
Violence Awareness month.
Mayor Pinheiro then presented a proclamation thanking the Friends of the Library
members for their years of service to the community in celebration of Friends of the
Library Week October 22nd -29th.
III. 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
Jaime Rosso spoke on a resolution passed by the Gilroy Unified School District in
support of state proposition 30 and went on to share the losses in funding for the school
district. He then asked the City Council to consider adopting a resolution in support of
the proposition to support the school district.
Paul Winslow stated that as a local high school teacher and resident, he supported the
idea of the Council passing a resolution in support of proposition 30.
Eleanor Villarreal also suggested that the Council pass a resolution in support of
proposition 30, stating that it would not affect small business, but would impact those
who had a gross income of $250,000. or more.
Public comment was closed.
Council Member Arellano suggested agendizing the item at the next meeting.
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The Council agreed to agendize the item at the November 5, 2012 meeting.
B. Annual Presentation to Council by the Arts and Culture Commission
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco announced that the gang task force annual retreat would be
held the following day, and went on to report that the sign ordinance task force had met
twice, and had quite a lot to accomplish.
MAYOR'S REPORT
There was no report.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the October 1, 2012 Regular Meeting
B. Open Recruitment for (2) Two Open Seats on the Housing Advisory Board
C. Appointment of (1) One Member to the Sign Ordinance Review Task Force
D. Claim of Nancy Saldana (the City Administrator Recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claim)
E. Claim of Bejan Toofan (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
F. Claim of Nelson Garcia (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A, B, C, D, E, F
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
There were none.
Mayor Pinheiro suggested that Item X.A. be moved up the agenda as there were
members of the public in attendance waiting for the Council to address the item
The Council agreed to move the item up the agenda.
X. INTRODUCTION OF NEW BUSINESS
A. Mills Act Agreement for a Property Located at 7751 Rosanna Street, Gilroy,
CA., APN 799 -02 -024
The staff report was presented by Community Development Director Abrams.
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There were no public comments.
Motion on Item X.A.
Motion: to Approve a Mills Act Agreement with David Matuszak for a Property
Located at 7751 Rosanna Street, Gilroy, CA.
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.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
IX. UNFINISHED BUSINESS
A. Actions to Adopt and Implement the Santa Clara Valley Habitat Plan /Natural
Community Conservation Plan
The staff report was presented by Senior Planner Ketchum.
Public comment was opened.
Janet Espersen of the Save our Gilroy Foothills group asked the Council to move
forward with the Habitat Plan stating that it was a protection for wildlife.
Tom Fischer asked who was supporting the plan asking what the benefits were to the
city and spoke on the fees associated with the plan asking about the endangered
species to be protected. He explained that monies would be spent to purchase habitat
areas outside of Gilroy and the endangered animals within the community would be
removed.
Carolyn Tognetti of Save Open Space Gilroy spoke on her involvement as a member of
the Habitat plan. She shared her concerns with the areas removed from the plan and
species removed, and then shared the overall benefits to the cities and agencies in the
plan area asking that the Council consider adopting the plan.
Georgine Scott - Codiga spoke in opposition to the adoption of the plan asking why the
community did not get the opportunity to vote on the plan. She explained that the plan
created another bureaucratic agency and asked the Council if they could assure the
public that the plan would benefit the community.
Tom Espersen spoke on the in -kind transfer of land in the northern areas of the county
suggesting that the plan mirrored other similar plans which provided the proper habitat.
He spoke on the need for protection of wildlife and the need to think globally and act
locally.
Rob Onetto, representing the Hecker Pass property owners, spoke on the
inconsistencies within the plan and unintended consequences of the Habitat Plan and
intent of identifying Hecker Pass as a rural area with open space.
Public comment was closed.
Failed motion on Item IX.A.
Motion: to Continue the item to December 10, 2012.
Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon.
Vote: Motion failed 3 -4.
Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Council
Member Perry Woodward
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Pro
Tempore Cat Tucker; Mayor Al Pinheiro
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Motion on Item IX.A.
Motion: to Approve the Final Environmental Impact Report/Environmental Impact
Statement Prepared for the Santa Clara Valley Habitat Conservation Plan /Natural
Community Conservation Plan Finding that; (a) it is Complete and in Compliance
with CEQA; (b) That it Reflects the Independent Judgment of the City (c) There is
no Substantial Evidence That the Project will Have a Significant. Effect on the
Environment
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 4 -3.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
Second Motion on Item IX.A.
Motion: to Adopt Resolution 2012 -44 of the City Council of the City of Gilroy
Certifying the Final Environmental Impact Report, Making CEQA Findings,
Adopting the Mitigation Monitoring and Reporting Program, Adopting the Santa
Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan,
Approving the Implementing Agreement, Approving the Joint Exercise of Powers
Agreement Creating the Santa Clara Valley Habitat Agency, and Approving a
Memorandum of Understanding with Other Public Agencies with Changes to
Section 8 of the Resolution as Identified in the Staff Report.
Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 4 -3.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
Third Motion on Item IX.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 5 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor
Al Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon
City Clerk Freels read the ordinance title.
Fourth Motion on Item IX.A.
Motion: to Introduce an Ordinance of the City Council of the City of
Gilroy Amending the Gilroy City Code Adding Chapter 12.6 - Habitat Conservation
Plan,to Adopt by Reference and Implement the Santa Clara Valley Habitat
Conservation Plan /Natural Community Conservation Plan Including Authority to
Collect Local Development Mitigation Fees Adopted by the Santa Clara Valley
Habitat Agency From Project Applicants and to Remit the Fees to the Agency for
Funding the Preservation of Natural Ecosystems in Accordance with the Plan
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 4 -3.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
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Fifth Motion on Item IX.A.
Motion: to Appoint Mayor Pro Tempore Tucker and Council Member Arellano and
Alternates Council Members Leroe -Munoz and Bracco to the Santa Clara Valley
Habitat Agency Governing Board and the Agency Implementation Board
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
No: Council Member Bob Dillon
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund stated that Tesla Motor Corporation would be unveiling their
charging station. He then spoke on the crime report concerns shared by an individual
during public comment at the prior meeting explaining that the Police Department had
remedied the issue.
Council Member Woodward explained that the owner of the old bank building on
Monterey Street had requested to present to the Council, asking if the Council would
consider agendizing the item.
City Attorney Callon explained that there could be no dialog between the Council and
the property owner due to the existing litigation regarding the property, but a
presentation could take place.
The Council agreed to agendize the item under presentations.
XII. CITY ATTORNEY'S REPORTS
City Attorney Callon spoke on the unconstitutionality of Section 8.b.4 (b)(2) of the city
code regulating campaign finance relating to independent committees, explaining that
the courts have recently held that such limitations on independent committees as to
expenditures, and now as to contributions, violated their First Amendment rights, and
explained that the City would not enforce the section.
XIII. ADJOURNMENT
The Council adjourned the meeting at 7:58 p.m.
SHAWNA FREELS, MMC w
City Clerk
City Council Meeting Minutes
10/15/2012