Minutes 2011/01/24
City of Gilroy
City Council Meetina Minutes
January 24. 2011
I. OPENING
A. Call to Order
Mayor Pinheiro called the regular meeting to order at 6:35 p.m. and led the pledge of
allegiance.
City Clerk Freels reported that the agenda had been posted on January 19, 2011 at
11 :00 a.m.
Roll Call
Present: Council Member Peter Arellano MD; 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. Orders of the Day
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C. Proclamations, Awards and Presentations
Mayor Pinheiro presented certificates of appreciation to Outgoing Board, Commission
and Committee Members Karen LaCorte and Dia Hoshida of the Arts and Culture
Commission, Kathleen Clarke and Steve Ashford of the Parks and Recreation
Commission, Bruce Morasca of the Public Art Committee, and Terri Aulman of the
Historic Heritage Committee.
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.
III. REPORTS OF COUNCIL MEMBERS
There were no reports.
MAYOR'S REPORT
A. Update on Unreinforced Masonry Building (URM) Ad-Hoc Committee
Mayor Pinheiro spoke on a recent URM Ad-Hoc committee meeting with ten (10) of the
Bank Managers in the community to identify funding for the URM buildings in the
downtown area.
B. Revised City Council Meeting Agenda Format
Mayor Pinheiro shared the suggested meeting format, changing the opening items prior
to any study session or closed sessions.
Motion on Item B.
Motion: to Approve the Revised Agenda Format
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
v. CONSENT CALENDAR
A. Minutes of December 13, 2010 Special Meeting
B. Minutes of January 10, 2011 Regular Meeting
C. Notice of Acceptance of Completion for Sidewalk Improvement Project,
Project No. 09-CDD-166
D. Approval of Bicycle Friendly Community Application with the League of
American Bicyclists, and Authorization to the City Administrator to Execute
Related Documents
E. Opening of the Recruitment for One (1) Open Seat on the Historic Heritage
Committee
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F. Opening of the Recruitment for Two (2) Open Seats on the Building Board of
Appeals
G. Resolution 2011-06 Supporting the "Let's Move" Campaign
Motion on the Consent Calendar
Motion: to approve the Consent Calendar
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
A. Award of Christmas Hill Park Parking Lot Rehabilitation Project Contract,
Project No. 11-CDD-186 to Jos J. Albanese, Inc., in the Amount Not to Exceed
$232,109.90, Including Bid Alternates 1 and 2
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VI.A.
Motion: to Approve Award of Bid for the Christmas Hill Park Parking Lot
Rehabilitation Project Contract, Project No. 11-CDD-186, to Jos J. Albanese, Inc.,
in the Amount Not to Exceed $232,109.90, Including Bid Alternates 1 and 2, and
Authorize the City Administrator to Execute Related Documents
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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. Award of Lions Creek Trails Project Contract, Project Nos. 11-CDD-181 and 11-
CDD-182 to Don Chapin Construction Co., in the Amount of $1,196,038.00
Staff suggested the item be pulled from the agenda.
Motion on Item VI.B.
Motion: to pull the Bid for the Lions Creek Trails Project Contract, Project Nos.
11-CDD-181 and 11-CDD-182, to Don Chapin Construction Co., in the Amount of
$1,196,038.00, from the agenda
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano MD.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
VII. PUBLIC HEARINGS
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A. Residential Housing Exemption Request to Allocate 41-residential Units to a
Property Located South of Sprig Way, Between Rodeo Drive and Santa Teresa
Boulevard, APN 783-20-061, Rancho Meadows IV Subdivision Project, DeNova
Homes c/o Skip Spiering Applicant; RDO-HE 10-03
The staff report was presented by Planner II Durkin.
The Public Hearing was opened.
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Skip Spiering spoke on the decline in the sale of duplexes and explained that the jog of
the sound wall caused sound to travel up. He then spoke in support of providing funding
for a girls softball field. He also explained that he was in objection to the duplexes as
recommended by the Planning Commission.
The public hearing was closed.
Council Member Bracco, Mayor Pro Tempore Tucker, and Council Member Dillon
stated that they had all spoken with the developer regarding the project.
Motion on Item VII.A.
Motion: to Adopt the Rancho Meadows IV Subdivision Negative Declaration
Finding That on the Basis of the Record (including the initial study and
comments) there is no Substantial Evidence that the Project will have a
Significant Effect on the Environment, and that the Mitigated Negative Declaration
Reflects the Independent Judgment and Analysis of the City, approving 41 single
family homes with the same terms and conditions as the Planning Commission
recommended, with landscaping consistent to the adjacent southern
development, and requiring that the developer provide $50,000.00 to be used to
create a girls softball field if possible, with a recommendation from the Parks and
Recreation Commission of the best recreational or park use of the money.
Moved by Council Member Perry Woodward, seconded by Council Member Dion
Bracco.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward
No: Mayor AI Pinheiro
Second Motion on Item VII.A.
Motion: to Direct Staff to Prepare a Resolution to Approve RDO-HE 10-03 and to
Return Thirty-nine (39) Units to the RDO Competition Pool; for a project of 41
single family homes with the same terms and conditions as the Planning
Commission recommended, with landscaping consistent to the adjacent southern
development, and requiring that the developer provide $50,000.00 to be used to
create a girls softball field if possible, with a recommendation from the Parks and
Recreation Commission of the best recreational or park use of the money.
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
Third Motion on Item VII.A.
Motion: to Direct Staff to Prepare an Ordinance Approving Z 10-05, a project of 41
single family homes with the same terms and conditions as the Planning
Commission recommended, with landscaping consistent to the adjacent southern
development, and requiring that the developer provide $50,000.00 to be used to
create a girls softball field if possible, with a recommendation from the Parks and
Recreation Commission of the best recreational/park use of the money.
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
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Fourth Motion on Item VII.A.
Motion: to Direct Staff to Prepare a Resolution Approving TM 10-04, a project of
41 single family homes with the same terms and conditions as the
Planning Commission recommended, with landscaping consistent to the adjacent
southern development, and requiring that the developer provide $50,000.00 to be
used to create a girls softball field if possible, with a recommendation from the
Parks and Recreation Commission of the best recreational/park use of the money.
Moved by Council Member Bob Dillon, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
Fifth Motion on Item VII.A.
Motion: to Direct Staff to Prepare a Resolution Approving AS 10-19, a project of
41 single family homes with the same terms and conditions as the Planning
Commission recommended, with landscaping consistent to the adjacent southern
development, and requiring that the developer provide $50,000.00 to be used to
create a girls softball field if possible, with a recommendation from the Parks and
Recreation Commission of the best recreational/park use of the money.
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
VIII. UNFINISHED BUSINESS
A. Amendment to Section 19 of the Gilroy Zoning Code to Allow for Ground Floor
Office Uses by Right in the Downtown Historic District for a Period of Three (3)
Years, Z 10-07
The staff report was presented by Acting Community Development Director Abrams.
There were no public comments.
Motion on Item VIII.A.
Motion: to Direct Staff to Prepare an Ordinance Approving Z 10-07
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Mayor AI Pinheiro
Absent: Council Member Perry Woodward
IX. INTRODUCTION OF NEW BUSINESS
A. Sixth Street and Eigleberry Street Stop Sign Request
The staff report was presented by Traffic Engineer Dey.
W,'"
There were no public comments.
Motion on Item IX.A.
Motion: to direct Staff to provide Council with an estimate of the costs for stop
signs for the two corridors
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
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Yes: Council Member Peter Arellano MD; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor AI Pinheiro
No: Council Member Dion Bracco
B. Review of City Attorney's Office FY10 Billing
The staff report was presented by Human Resources Director Mc Phillips.
City Attorney's Faber and Callon spoke additionally on the staff report.
Motion on Item IX.B.
Motion: to accept the report and take no action.
Moved by Council Member Bob Dillon, seconded by Council Member Dion
Bracco.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Leroe- Munoz; Council Member Perry Woodward
C. Update on New Library Project
The staff report was presented by City Engineer Smelser and David Richards of Harley
Ellis Devereaux, the library architect.
There were no public comments.
Council Member Arellano asked staff to put together a tour of the facility for the Council.
Motion on Item IX.C.
Motion: to Receive the Report
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
D. Presentation of Fiscal Year 2009/2010 Audited Financials
The staff report was presented by Finance Director Turner.
There were no public comments.
Motion on Item IX.D.
Motion: to Receive the Report
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; 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
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund reminded the Council of the City Council Goal Setting
Session January 28th and 29th.
Council Member Dillon complimented City staff for the quick action at a recent drug raid.
XI. CITY ATTORNEY'S REPORTS
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There was no report.
XII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17 A.8
(a)(2); Property: 1541 Bianca Way, Gilroy, California; Negotiators: Thomas Haglund,
City Administrator; Kristi Abrams, Acting Community Development Director; Under
Negotiations: Price and Terms of Payment
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government
Code Section 54957, and Gilroy City Code Section 17A.8 (a) (4); NamelTitle: Shawna
Freels, City Clerk
There were no public comments.
The Council adjourned to Closed Session at 9:41 p.m.
Motion to Continue in Closed Session
The Council voted to continue in closed session on Items XII.A and XII.B 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
There were no closed session announcements.