Minutes 2011/01/10
City of Gilroy
City Council Meetina Minutes
January 10. 2011
INTERVIEWS
I. Interviews for Housing Advisory Committee and Parks and Recreation
Commission
The Council began interviews at 6:00 p.m. with applicants for the Housing Advisory
Committee, and Parks and Recreation Commission.
Mayor Pinheiro announced that the Wildflower Court Item had been pulled from the
agenda.
The invocation was given by Malcolm MacPhail of New Hope Community Church.
9297
STUDY SESSION
I. Review of California High Speed Rail Conceptual At-Grade Separation
Locations
I. OPENING
A. Call to Order
Mayor Pinheiro called the regular meeting to order at 7: 20 p.m. and led the Pledge of
Allegiance.
City Clerk Freels reported that the agenda had been posted on January 5,2011 at 6:15
p.m.
Roll Call
Present: Council Member Peter Arellano, M.D.; Council Member Dion Bracco;
Council Member Bob Dillon; Council Member Peter Leroe-Mulioz; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
B. Orders of the Day
Mayor Pinheiro announced that the applicant for Public Hearing Item VII.A - RDO-HE
10-02 had withdrawn his application, and explained to the audience that the item would
not be heard by the City Council.
He then explained that Item I.C.4, the award of the Young Artists Poster Contest
winners, would be moved up the agenda, prior to Item I.C.1.
C. Proclamations, Awards and Presentations
The 2010 Young Artists Poster Contest "Judges Favorites" Awards were presented.
Mayor Pinheiro presented a proclamation naming the month of January, 2011 as
National Blood Donor Month
Council Member Dillon explained that the local blood banks were desperately looking
for blood donations, suggesting that everyone donate.
Mayor Pinheiro presented a proclamation recognizing April 30, 2011 as Arbor Day.
Mayor Pinheiro presented a proclamation honoring Don Gage as outgoing Santa Clara
County Supervisor.
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
Jim Currier spoke on homelessness in Gilroy, sharing a handout of information on
grants and funding available to cities to address homelessness. He spoke on the shelter
provided at the Armory stating that he was willing to utilize a warehouse he owned to
help house the homeless for 5 years.
Public comment was closed.
B. Public Art Committee Annual Presentation to Council
The report was provided by Shirley Willard, Chair of the Public Art Committee.
III. REPORTS OF COUNCIL MEMBERS
9298
MAYOR'S REPORT
Mayor Pinheiro announced that he had met with Santa Clara Valley Water District staff
and Board Members Gage and Santos to address rates, and to open up a new line of
communication with the Water District.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Dillon spoke on the new alarm ordinance, asking if the City Attorney
could review the ordinance to see if there should be a fee for alarms that were not
directly connected to the Police Department dispatch.
Council Member Tucker stated that she too was unaware that there would be a re-
occurring charge to residences that did not have alarms going to the Police Department.
The Council agreed to bring the ordinance back for review.
V. CONSENT CALENDAR
A. Minutes of December 6, 2010 Regular Meeting
B. A Resolution 2011-01 of the City Council of the City Gilroy Making Required
Findings Concerning Significant Effects, Mitigation Measures and Alternatives,
and Adopting Statements of Overriding Considerations for the Rancho San
Ysidro Commercial/Industrial Subdivision and Development (TM 04-15; A1S 04-
62) for Which an Environmental Impact Report was Prepared in Accordance
With the California Environmental Quality Act, and Adopting a Mitigation
Monitoring Program for the Project
C. A Resolution 2011-02 of the City Council of the City Gilroy Approving TM 04-15,
a Tentative Map of the Commercial and Industrial Rancho San Ysidro
Subdivision on Approximately 59.7 Acres Located at the Northeast Corner of
Highway 152 and Camino Arroyo, APN 841-18-082
D. A Resolution 2011-03 of the City Council of the City Gilroy Approving A1S 04-
62, An Application for Architectural and Site Approval of Design Guidelines for
Future Buildings at the Rancho San Ysidro Subdivision Located on the
Northeast Corner of Highway 152 and Camino Arroyo, APN 841-18-082
E. Adoption of an Ordinance 2011-01 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.
F. Adoption of a Resolution 2011-04 of the City Council of the City of Gilroy
Declaring Certain Weeds Growing in the City of Gilroy to be a Public Nuisance,
Describing Weeds Which Constitute Such Nuisance, and Providing Notice of
the Adoption of the Resolution by Publication Thereof
G. Claim of Leonard Gutierrez (a "yes" vote under the Consent Calendar shall
constitute the denial of the claims)
H. Claim of Mollie Maness (a "yes" vote under the Consent Calendar shall
constitute the denial of the claims)
I. Claim of Allan Sundquist (a "yes" vote under the Consent Calendar shall
constitute the denial of the claims)
J. Acceptance of Chestnut Street Bicycle and Pedestrian Bridge Project Notice of
Completion, Project 09-CDD-169/CML-5034 (015)
9299
Motion on Consent Calendar
Motion: to Approve Consent Calendar
Moved by Council Member Dion Bracco, seconded by Council Member Perry
Woodward.
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 AI Pinheiro
VI. BIDS AND PROPOSALS - None
VII. PUBLIC HEARINGS
A. Residential Development Housing Exemption Request for the Allocation of 42-
Residential Units Under Section 50.62 (b) (11) of the City Zoning Code for a
Property Zoned R1-PUD (Single Family Residential-Planned Unit Development)
Located on Wildflower Court at Mesa Road, APN's 810-28-024 through 037,
Duffy and Guenther c/o Ralph Guenther, Applicant; ROO-HE 10-02
The item was removed from the agenda during orders of the day.
VIII. UNFINISHED BUSINESS
A. Selection and Appointment of Members to City Boards, Commissions and
Committees with Terms Expiring December 31,2012 and December 31,2014
There were no public comments.
Motion on Item VilLA.
Motion: to Appoint Kevin Heath and Bruce Morasca to the Arts and Culture
Commission, Conrad Lather to the Bicycle Pedestrian Commission, Steve
Ashford to the Historic Heritage Committee, Bill Faus and Russell Sosa
to the Housing Advisory Committee, Kathleen Smith to the Library Commission,
Paul Kloecker and Dennis Bolger to the Parks and Recreation Commission,
Kenneth Tanaka and Susette Czeropski to the Personnel Commission, Susan
Sweeney to the Physically Challenged Board of Appeals, Brad Bannister and Terri
Aulman to the Planning Commission and Karen Aitken-Bernosky to the Public Art
Committee
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 AI Pinheiro
B. A Resolution of the City Council of the City of Gilroy Approving TM 04-02, a
Tentative Map for a Nine-lot Condominium Subdivision on Approximately 0.16
Acres Located at 66 Third Street, APN 799-04-022
There were no public comments.
Motion on Item VIII.B.
Motion: to Adopt a Resolution 2011-05 of the City Council of the City of Gilroy
Approving TM 10-02, a Tentative Map for a Nine-lot Condominium Subdivision on
Approximately 0.16 Acres Located at 66 Third Street, APN 799-04-022
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore
Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
9300
No: Council Member Dion Bracco
(Note: there was a typo in the listing of the Tentative Map City File # on the document
and agenda at adoption, but all other descriptions regarding the property and its
location, had the correct file number)
C. Welburn Avenue Neighborhood Traffic Study Update
The staff report was presented by Traffic Engineer Dey.
Public comment was opened.
Tim Gavin stated that there were seven (7) items without listed dates for accomplishing
the task.
Ruben Ynzunza stated that it was a waste of money explaining that the poor planning
caused the traffic issues on the street.
Public comment was closed.
Motion on Item VIII.C.
Motion: to take no action and not conduct the traffic study.
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano, M.D.; Council Member Dion
Bracco; Council Member Bob Dillon; Council Member Peter
Leroe-Munoz
No: Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI
Pinheiro
D. Welburn Avenue - Installation of Temporary Speed Humps
The staff report was presented by Traffic Engineer Dey.
Public comment was opened.
Tim Gavin spoke on the noise caused by speed humps stating that he was opposed to
them being installed in front of his home. He then explained that he was frustrated that
the Council had chosen not to go forward with the study to fix the problem.
Russell So sa stated that he lived in the area near the proposed speed hump, explaining
that the neighborhood had been drastically impacted by the increased volume of traffic
and speeding.
Public comment was closed.
Motion on Item VIII.D.
Motion: to not install the speed humps.
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.
IX. INTRODUCTION OF NEW BUSINESS
A. Appointment of (3) Three Council Members to the Open Government
Commission With Terms Expiring December 31,2012
9301
There were no public comments.
Failed Motion on Item IX.A.:
Motion: to Appoint Pinheiro, Leroe-Munoz, and Woodward
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion failed 3-4.
Yes: Council Member Peter Arellano, M.D.; Council Member Peter Leroe
Munoz; Council Member Perry Woodward
No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore
Cat Tucker; Mayor AI Pinheiro
Failed Motion on Item IX.A.:
Motion: to Appoint Bracco, Woodward and Pinheiro
Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco.
Vote: Motion failed 3-4.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore
Cat Tucker
No: Council Member Peter Arellano, M.D.; Council Member Peter Leroe
Munoz; Council Member Perry Woodward; Mayor AI Pinheiro
Motion on Item XI.A.
Motion: to Appoint Council Member Bracco, Council Member Leroe Munoz and
Mayor Pinheiro
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 Bob Dillon; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker
No: Council Member Dion Bracco; Council Member Perry Woodward; Mayor AI
Pinheiro
B. Appointments of Council Representatives to Boards and Advisory
Committees
There were no public comments.
Motion: to Appoint Council Members as Representatives to Boards and Advisory
Committees as recommended by the Mayor
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano, M.D.; Council Member Dion Bracco; Mayor
Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Bob Dillon; Council Member Peter Leroe-Munoz
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on the citizen engagement process being held by the
High Speed Rail Authority on January 25th at 6:0 p.m. at Gilroy High School.
He then spoke in support of Transportation Engineer Dey.
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government
Code Section 54956.8 and Gilroy City Code Section 17A.8(a)(2); Properties:
7350/7360/7370/7380/7390 Dowdy Street, Gilroy, Ca.; Negotiators:Thomas Haglund,
City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price and Terms
of Payment
9302
B. CONFERENCE WITH LEGAL COUNSEL-- EXISTING LITIGATION; Pursuant to
California Government Code Section 54956.9(a) and Gilroy City Code Section 17 A.8 (a)
(3):The People of the State of California (The City of Gilroy, California) v. BDS Capital,
Inc., Daniel Shaw, individual person, Principal BDS Capital, Inc.; Superior Court of
California, Santa Clara County Judicial District; Case No, FF930886; Complaint filed
against BDS Capital on May 4, 2009, amended to include Mr. Shaw on March 26,
2010.;
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Pursuant to Government
Code Section 54957, Gilroy City Code Section 17A.8 (a) (4); Name/Title: Shawna
Freels, City Clerk
City Attorney Callon explained that the Council was being asked to enter into closed
session on Item XII.B. because discussion of the litigation in open session would
prejudice the City 's position as the legal criminal proceeding was moving forward.
Motion to Adiourn to Closed Session
Motion: to adjourn into closed session on Item XII.B.
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.; Council Member Dion
Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor
Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
The Council adjourned to closed session at 9:40 p.m.
Motion to Continue in Closed Session
The Council voted to continue in closed session on Items XII.A, XII.B, XII.C by the
following vote:
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore
Cat Tucker; ; Council Member Perry Woodward; Mayor AI Pinheiro;
ADJOURNMENT TO THE MEETING OF JANUARY 24, 2011