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
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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
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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
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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
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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
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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.
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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
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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
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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
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Public Comment was opened.
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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
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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.
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