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Minutes 2011/04/04 City of Gilroy City Council Meetina Minutes April 4. 2011 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 Pastor Quirke of South Valley Community Church. City Clerk Freels announced that the agenda had been posted on March 30,2011 at 11 :40 a.m. Roll Call Present: 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 Absent/Excused: Council Member Peter Arellano MD - B. Orders of the Day There were no agenda changes. Interviews for (1) One Open Seat on the Gilroy Youth Commission The Council interviewed Monica Gonzalez. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation naming the month of April as Sexual Assault Awareness Month Mayor Pinheiro presented a proclamation recognizing April, 30th as Arbor Day in the City of Gilroy - Council Member Peter Arellano MD joined the meeting at 6:15 p.m. Mayor Pinheiro presented certificates of appreciation to Citizens Advisory Committee Members Yani Bundros and Irma Batrez III. PRESENTATIONS TO COUNCIL 9333 A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Sandra Sammut of the Recreation Department shared information on the non-traditional Recreation pilot project that was underway focused on life skills training. Gary Arnold spoke on the regionalization of policy making explaining that ABAG, AMBAG and other regional agencies were harmonizing local laws such as was done in the European union. He explained that "California Forward" and "Common Cause" were dictating local laws and were creating tyranny. He then stated that local government was being destroyed and read an excerpt from "Agenda 21". IV. REPORTS OF COUNCIL MEMBERS There were no reports. MAYOR'S REPORT Mayor Pinheiro reported that he had visited Si Se Supuede and enjoyed interacting with the Youth at the program. He then spoke on his participation in the Miss Gavilan Hills pageant sharing the tribute to Joyce Patereau. ~.CONSENTCALENDAR A. A Resolution 2011-18 of the City Council of the City of Gilroy Approving the Extension of Participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority Motion on Consent Calendar VI.A. Motion: Consent Calendar VI.A. 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 VII. BIDS AND PROPOSALS A. Award of Consultant Services Agreement for the High Speed Train (HST) Station Visioning Project No. 11-RFP-PW-353 With the Firm Design, Community and Environment (D C & E) in the Amount of $200,000.00, and Authorize the City Administrator to Execute Related Documents The staff report was presented by Transportation Engineer Dey. Public comment was opened and there being none, public comment was closed. Motion on Item VII.A. Motion: to approve the Award of Consultant Services Agreement for the High Speed Train (HST) Station Visioning Project No. 11-RFP-PW-353 With the Firm Design, Community and Environment (D C & E) in the Amount of $200,000.00 and Authorize the City Administrator to Execute Related Documents 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 9334 VIII. PUBLIC HEARINGS A. Review of the Draft Annual Action Plan and Consolidated Plan for the Community Development Block Grant Program for Program Year 2011, and Housing Trust Fund Public Service Funding Allocations The staff report was presented by Community Development Department Director Abrams. The public hearing was opened, there being no comments the hearing was closed. Motion on Item VIII.A. Motion: to approve Review of Recommendation of the Annual Action Plan and Consolidated Plan for the Community Development Block Grant Program for Program Year 2011, and Housing Trust Fund Public Service Funding Allocations, and Provide Direction to Staff Moved by Council Member Dion Bracco, 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. Reinstatement of RDO's (Residential Development Units) Allocated Through Approval of RD 06-02 and AHE 07-01, Oak Creek Subdivision (c/o Michael McDermott, Luchessa Road, LLC) The staff report was presented by Planner II Durkin. The public hearing was opened. Richard Custer spoke on the areas flood issues and explained that the housing was too large for the area. The public hearing was closed. Motion on Item VIII.B. Motion: to reinstate the RDO's and direct staff to prepare a resolution: 1. approving reinstatement of 38 units approved via the Residential Development Ordinance Performance Agreement for RD 06-02; 2. approving a revised RDO build out schedule that allocates 178 units in year 2011, with a final map deadline of July 2012; 3. approving reinstatement of the 35 RDO units awarded through AHE 07-01, allowing a final map deadline of July 2011 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 C. Appeal of the Planning Commission Denial of an Architectural and Site- Planned Unit Development to Allow the Construction of 213 Single Family Homes on a Property Zoned ND (Neighborhood District) Located on the Southwest Corner of Monterey Road and Luchessa Avenue, APN's 808-21-018, 808-21-032, and 808-21-033, Applicant Luchessa Road, LLC, c/o Michael McDermott, A1S 10-22; Review of Master Plan Approval A1S-PUD 06-31, Adopted by Resolution No. 2009-01 on January 12, 2009 - The staff report was presented by Planner II Durkin. City Attorney Callon spoke on the payment of the agricultural mitigation fees sharing the need to work with the applicant on the subject of the fees. l I 9335 The public hearing was opened. Alfonso Basurto spoke on the walls that were planned around the development. Skip Spiering spoke on behalf of Luchessa Road, LLC shared a handout and speaking on the conditions of approval. The Council adjourned for a 5 minute break to allow staff the time to review the handout provided by the applicant. The meeting reconvened at 8:10 p.m. Skip Spiering went on to discuss the perimeter walls and walkways and need to eliminate condition #20 of the master plan, and roadway item condition #30 of the master plan. Vince Jacalone spoke on the mapping process of 3 final maps, sharing the change to one final map with the new builder KB Homes. Council Members Bracco, Tucker, Dillon, Woodward and Leroe-Muiioz disclosed ex- parte communications with the applicant. The pubic hearing was closed. Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution to bring the master plan amendment back to Council. Strike paseo type buffer conditions #73 and #20 adding front sidewalk, direct staff to prepare a resolution to modify the master plan condition #30 as stated in Tentative Map condition #28, strike conditions #6 and #19 and place a condition of compliance on lots within 100-feet of the Suburban Propane property (section E pg. 4) until Suburban Propane is relocated, and bring materials back on April 18, 2011 if possible. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano MD; Mayor AI Pinheiro D. Appeal of the Planning Commission Denial of a Tentative Map Request to Sub- divide Approximately 25.6 Acres into 213 Residential Lots, (7) Seven Open Space Lots, and (1) Remainder Lot for a Property Zoned ND (Neighborhood District), Located on the Southwest Corner of Monterey Road and Luchessa Avenue, APN's 808-21-018, 808-21-032, and 808-21-033, Applicant Luchessa Road, LLC, c/o Michael McDermott; TM 07-11 Motion on Item VIII.D. Motion: to direct staff to prepare a Resolution modifying TM 07-11: amending condition #12 eliminating one condo unit, conform the Tentative Map to the Architectural and Site Plan approval regarding the Suburban Propane property, and to allow staff and applicants to address size and location of condition #14- windows. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. 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 9336 V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Arellano asked to agendize an item on the High Speed Rail joint meetings with Morgan Hill and Gilroy becoming open public meetings. There was no consensus among the Council to agendize the item. Council Member Tucker suggested having the Open Government Commission address the issue. The full Council agreed to the recommendation. IX. UNFINISHED BUSINESS A. Adoption on an Ordinance of the City Council of the City of Gilroy Levying Special Tax Within Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance (Public Hearing held March 28, 2011 with a 6-0-1 vote, Council There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2011-05 of the City Council of the City of Gilroy Levying Special Tax Within Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. 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. Motion to Appoint (1) One Member to an Unexpired Seat on the Gilroy Youth Commission There were no public comments. Motion on Item IX.B. Motion: approve Motion to Appoint Monica Gonzalez to an Unexpired Seat on the Gilroy Youth Commission Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. 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. INTRODUCTION OF NEW BUSINESS A. Approval of Donation of $350,000.00 from the Gilroy Garlic Festival Association for the Renovation of the Amphitheater at Christmas Hill Park ...... Public Comment was opened. _......MiIt Kurt Svardal spoke on behalf of the Garlic Festival Association. Public comment was closed. Motion on Item X.A. Motion: to Approve Donation of $350,000.00 from the Gilroy Garlic Festival Association for the Renovation of the Amphitheater at Christmas Hill Park -r 9337 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 XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. ADJOURNMENT TO THE MEETING OF APRIL 18, 2011 The Council adjourned the meeting at 9:25 p.m. /)/1 l~//