Minutes 2011/02/07
City of Gilroy
City Council Meetina Minutes
February 7.2011
Mayor Pinheiro called the meeting to order at 5:31 p.m.
Present: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor
Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Peter Arellano MD; Council Member Dion Bracco
I. CLOSED SESSION
A. TRAINING ON THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957; Gilroy City Code Section 17 A.11 (a);
Consultation with: Denise Turner and Kurt Ashley of the Gilroy Police Department
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17 A.8 (a)(2)
Property: Old City Hall, 7400 Monterey Street, Gilroy, California
Agency Negotiator: Thomas Haglund
Other party to negotiations: Saffron Restaurant Group, Inc.
Under negotiations: Lease Terms
Public comment was opened, and there being no comments, it was closed.
Council Member Woodward stated that he believed the staff report for Item B should be
discussed in open session.
Council Member Tucker asked to hear from the City Attorney on Item B.
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City Attorney Callon explained that the Council could choose to hear the staff report in
open session, explaining that the terms of the property negotiations should be
discussed in closed session to protect the city's position. She then explained that the
Council could vote on how best to proceed with the item.
Mayor Pinheiro asked if the letter that had been provided by the lessee was to be
discussed in open session.
Council Member Woodward stated that he believed the letter was a public document,
and should be shared in open session.
City Attorney Callon explained that the letter was a public document.
Council Member Tucker asked if precedence would be set if the item was discussed in
open session, explaining that she believed that the Council's negotiation discussion
should be protected.
Council Member Woodward explained that there would be more transparency if the staff
report and letter were discussed in open session stating that the Open Government
Ordinance was enacted to try to be as open as possible. He concluded by stating that
all strategy of negotiations could take place in closed session.
Mayor Pinheiro asked if the party was aware the item was to be discussed in open
session.
City Attorney Callon explained that the party who wrote the letter could bring up issue
with the item being discussed in open session if he had not been made aware of it
previous to the meeting.
Mayor Pinheiro asked for clarification of the items to be discussed in open session,
asking if it would be the staff report, and letter; with the rest of the discussions in closed
session.
Council Member Woodward stated that he wished to hear the staff report in open
session and the letter to be disclosed as a public document, and suggested that all
negotiations take place in closed session.
Mayor Pinheiro spoke on the ability to remain as open as possible, stating that the
community would be provided the opportunity to know what was taking place.
City Attorney Callon explained that there would be no precedence set if the staff report
and letter were discussed in open session.
Motion on Closed Session Item I. B.
Motion: to proYide the letter as a public record, and to receiye the staff report in
open session with public comment, with discussion of the response to the letter
to take place in closed session.
Moyed by Council Member Perry Woodward, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 4-1-2.
Yes: Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Bob Dillon
Absent: Council Member Peter Arellano MD; Council Member Dion Bracco
City Attorney Callon explained that the staff report would not be disclosed as a public
record.
The Council adjourned to closed session on Item I.A. at 5:48 p.m.
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Motion to Continue in Closed Session
The Council yoted to continue in closed session on Item I.A by the following vote:
Yes: Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Bob Dillon
Absent: Council Member Peter Arellano MD; Council Member Dion Bracco
The Council reconvened in open session at 6:37 p.m. announcing there was no
disclosable action from closed session.
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B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a)(2)
Property: Old City Hall, 7400 Monterey Street, Gilroy, California
Agency Negotiator: Thomas Haglund
Other party to negotiations: Saffron Restaurant Group, Inc.
Under negotiations: Lease Terms
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Mayor Pinheiro announced that the staff report was to be proVided in open session, and
the letter would be provided to the public as a public record, explaining that the Council
would then enter into closed session to discuss the item.
The staff report was presented by City Administrator Haglund.
Public comment was opened.
Gary Walton spoke on the loss of business revenue and other issues which had caused
the problems he was having with payment of the lease to the city. He stated that there
were improvements that he had made to the building that he had not been reimbursed
for, and explained that he was experiencing high utility costs due to the age of the
building. He went on to explain that his business was positive for the downtown, asking
that the same improvement credits be provided to him as had been given to the
previous tenants. He then explained that his business had dropped by 60% and stated
that he had voluntarily reduced rents for tenants in his own properties due to the
economic climate.
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Public comment was closed.
The Council reconvened from closed session on Item LB. and Mayor Pinheiro
announced that there had been no reportable action.
The Council then adjourned for a five minute break.
REGULAR MEETING
I. OPENING
A. Call to Order
Mayor Pinheiro called the regular meeting to order at 7:35 p.m. and led the pledge of
allegiance.
The Invocation was given by Pastor Matt Valencia of Calvary Chapel.
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
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B. Orders of the Day
Mayor Pinheiro asked to move New Business Item X.A. up the agenda following the
consent calendar.
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II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented certificates of appreciation to outgoing Board, Commission
and Committee Members.
Mayor Pinheiro read the Proclamation naming March 6, 2011 as Gilroy Tennis Night in
America.
Mayor Pinheiro recognized the Chamber of Commerce 2010 Award Winners
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
There were no public comments.
IV. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Tucker spoke on the upcoming Caltrain community outreach
meeting on February 1 ih at the Senior Center, explaining that service cuts to Gilroy
would be discussed. .
Council Member Woodward stated that the VT A was addressing the service cut issue
explain that Sam Trans had taken budget cut backs in their contribution to the funding to
Caltrain, and VTA was working to find a way around the problem in order to maintain
the Diridon to Gilroy line.
Council Member Dillon praised the Gilroy PD for their recent apprehension of the out of
town murders.
MAYOR'S REPORT
Mayor Pinheiro announced that the Downtown Association was working on a list of
costs for the downtown sound system for bidding purposes. He then announced the
new Downtown Association website and went on to explain that the report in the press
that the City of Gilroy was relocating pigeons in the downtown areas was incorrect.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were no items.
VI. CONSENT CALENDAR.
A. Minutes of January 24, 2011 Regular Meeting
B. A Resolution 2011-07 of the City Council of the City of Gilroy Rescinding
Resolution 2009-10, and Establishing New Procedures and Penalties for
Parking Violations and Late Payment Penalties
C. Open Recruitment for One (1) Open Seat on the Parks and Recreation
Commission
Motion on Consent Calendar
Motion: to approye the consent calendar
Moved by Council Member Peter Arellano MD, seconded by Council Member
Perry Woodward.
Vote: Motion carried 7-0.
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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. INTRODUCTION OF NEW BUSINESS
A. Review of City Alarm Ordinance
The staff report was presented by Police Chief Turner.
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Council Member Bracco recused himself from discussing the item, explaining that his
wife worked directly on the alarm processes for the Police Department. He then left the
council chambers.
Motion on Item X.A.
Motion: approve stay on the enforcement of the annual fee in section 3B.7 and
development of data base in the current ordinance until a new ordinance is
crafted to take out the annual registration fee as suggested by Council Member
Arellano.
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Dion Bracco
VII. BIDS AND PROPOSALS
A. Award of Bid for Way-finding Signs - Phase1, Project No. 11-CDD-185, to Nuno
Irons & Manufacturing Inc. in the Total Amount of $61,800.63
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Council Member Bracco returned to the meeting.
The staff report was presented by Transportation Engineer Dey.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve Award of Bid to Nuno Irons & Manufacturing Inc in the Total
Amount of $61,800.63, for Way-finding Signs- Phase 1, Project No. 11-CDD-185,
and Authorization to the City Administrator to Execute Related Documents
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6-1.
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. Award of Bid for Gilroy Crossing Offsite Improvements, Project No. 11-CDD-
183, to Graniterock in an Amount Not to Exceed $359,524.00, Including Bid
Alternative A
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The staff report was presented by Operations Manager Stubchaer.
Council Member Woodward recused himself from deliberations on the item, explaining
that he was representing a party who was suing the Graniterock company. He then left
the council chambers.
There were no public comments.
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Motion on Item VII.B.
Motion: to Approye Bid for Gilroy Crossing Offsite Improvements, Project No. 11-
CDD-183, to Graniterock in an Amount Not to Exceed $359,524.00, Including
Alternatiye A, and Authorization to the City Administrator to Execute Related
Documents
Moved by Council Member Peter Arellano MD, seconded by Council Member Bob
Dillon.
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
C. Award of Lions Creek Trails Projects Bid, Project Nos. 11-CDD-181 & 11-CDD-
182, to Top Grade Construction, Inc. in an Amount Not to Exceed
$1,196,038.00
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.C.
Motion: approve Motion to award the bid for $1,149,740.
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. PUBLIC HEARINGS
A. Formation of Community Facilities District No. 2011-1 (Deer Park Landscape
Maintenance District) Located off Santa Teresa Blvd., Rancho Hills/Deer Park
Tract 9966
The staff report was presented by Craig Hill of Northcross & Nash.
The staff report was continued by Senior Civil Engineer Hughes.
The public hearing was opened, there being no comments it was closed.
Motion on Item VIII.A.
Motion: to Adopt a Resolution 2011-08 of the City Council of the City of Gilroy
Approving the Second Amended Local Goals, Policies and Procedures for Land-
Secured Financings
Moved by Council Member Peter Arellano MD, seconded by Council Member
Perry Woodward.
Vote: Motion carried 6-1.
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
Second Motion on Item VIII.A
Motion: to Adopt a Resolution 2011-09 of the City Council of the City of Gilroy of
Intention to Establish a Community Facilities District 2011-1
Moved by Council Member Peter Arellano MD, seconded by Council Member Bob
Dillon.
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
IX. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Approving ROO HE 10-
03, an Application for a Shovel-Ready Project Exemption from the Residential
Development Ordinance, DeNova Homes, APN 783-20-061
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt A Resolution 2011-10 of the City Council of the City of Gilroy
Approving ROO HE 10-03, an Application for a Shovel-Ready Project Exemption
from the Residential Development Ordinance, DeNova Homes, APN 783-20-061
(ROLL CALL VOTE)
Moved by Mayor Pro Tempore Cat Tucker, 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
B. An Ordinance of the City Council of the City of Gilroy Approving Application Z
10-05 For a Change in Zoning Designation From R1 (Single Family Residential)
to R1/PUD (Single-Family Residential-Planned Unit Development) on
Approximately 7.6 Acres Located South of Sprig Way, Between Rodeo Avenue
and Santa Teresa Boulevard, APN 783-20-061
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Motion on Item IX.B
Motion: to read the Ordinance by title only
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry
Woodward.
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
City Clerk Freels read the ordinance title.
Second Motion on Item IX.B
Motion: to Introduce An Ordinance of the City Council of the City of Gilroy
Approving Application Z 10-05 For a Change in Zoning Designation From R1
(Single Family Residential) to R1/PUD (Single-Family Residential-Planned Unit
Development) on Approxill1ately 7.6 Acres Located South of Sprig Way, Between
Rodeo Avenue and Santa Teresa Boulevard, APN 783-20-061
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry
Woodward.
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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C. An Ordinance of the City ,Council of the City of Gilroy Amending the Gilroy
City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As
Defined by Exhibit "A") and Providing that Certain Fees and Costs Charged to
Development Projects in the Zero Fee Area Are Eliminated Until December 31,
2013, and Amending Section 7.4
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Council Member Woodward recused himself from deliberating' on the item explaining
that he owned real property within the district. He then left the Council chambers.
The staff report was presented by Acting Community Development Director Abrams.
There were no public comments.
Motion on Item IX.C.
Motion: to Read Ordinance by Title Only and Waive Further Reading
Moved by Council Member Peter Arellano MD, seconded by Council Member
Peter Leroe-Munoz.
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
City Clerk Freels read the ordinance title.
Second Motion on Item IX.C.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the
Zero Fee Area (As Defined by Exhibit "A") and Providing that Certain Fees and
Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until
December 31,2013, and Amending Section 7.4
Moved by Council Member Peter Arellano MD, seconded by Council Member
Peter Leroe-Munoz.
Vote: Motion carried 5-1-1.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor AI Pinheiro
No: Mayor Pro Tempore Cat Tucker
Absent: Council Member Perry Woodward
D. Unreinforced Masonry (URM) Task Force Update
Council Member Woodward returned to the dais.
The staff report was presented by Acting Community Development Director Abrams.
Public comment was opened.
Gary Walton spoke stated that the suggestions were a workable approach and
explaining that the life-safety standards were not being reduced. He explained that the
ability to repair the buildings was not the issue and suggested a revolving loan fund to
help the property owners repair their buildings.
Jose Montes spoke on the retro-fitting of URM buildings, suggesting that the process be
expedited. He suggested that he may not make it all the way through the process in 2
years if not expedited.
Public comment was closed.
Motion on Item IX.D.
Motion: to Direct Staff to Amend Gilroy City Code Article VI Entitled "Seismic
Safety", Section 6.45, with the Unreinforced Masonry Task Force Final
Recommendations.
Moved by Council Member Perry Woodward, 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
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E. An Ordinance of the City Council of the City of Gilroy Approving Z 10-07 to
Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by
Right Ground Floor Office Uses for A Period of Three (3) Years in the
Downtown Historic District
The staff report was presented by Development Center Manager Abrams.
There were no public comments.
Motion on Item IX.E.
Motion: to read the ordinance by title only.
Moved by Mayor Pro Tempore Cat Tucker, 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
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City Clerk Freels read the ordinance title.
Second Motion on Item IX.E.
Motion: to Introduce An Ordinance of the City Council of the City of Gilroy
Approving Z 10-07 to Amend the Zoning Ordinance, Commercial Use Table
19.13(b), to Allow by Right, Ground Floor Office Uses for A Period of Three (3)
Years in the Downtown Historic District
Moved by Mayor Pro Tempore Cat Tucker, 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
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F. Approval of Amendments to Council Agreements
There were no public comments.
Motion on Item IX.F.
Motion: to Approve Amended Council Agreements
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
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
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a)
(4); NamelTitle: Shawna Freels, City Clerk
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There were no public comments.
The Council adjourned to closed session.
Motion to Continue in Closed Session
The Council voted to continue in closed session on Items XIII.A by the following
vote:
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Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Dion Bracco; Council Member Peter Leroe-Mulioz; Mayor Pro Tempore
Cat Tucker; ; Council Member Perry Woodward; Mayor AI Pinheiro;