Minutes 2011/04/18
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City of Gilroy
City Council Meetina Minutes
April 18. 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 Bishop Jeff Scherck, Church of Jesus Christ of Latter Day
Saints.
City Clerk Freels stated that the agenda was posted on April 12, 2011 at 12:30 p.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
Mayor Pinheiro spoke on the recent passing of Recreation Supervisor Gayle Glines and
asked for a moment of silence in her honor.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a proclamation declaring the Month of April as DMV/Donate
Life Month.
Council Member Peter Arellano MD joined the meeting at 6:08 p.m.
Mayor Pinheiro presented a proclamation thanking Mormon Helping Hands.
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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
Catalina Ventura spoke on her participation with the Gilroy demonstration garden and
Her desire to create a Gilroy farmers market.
Tim Filice spoke on behalf of the Glen Loma Group, asking if the Council would
reconsider the City's participation in the Habitat Conservation Plan.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco spoke on behalf of the Gilroy Gardens Board sharing the
$37,000.00 of profit that the park had paid to the City as rent.
Council Member Arellano spoke on his attendance at a recent ABAG general
membership meeting, sharing the well discussed topic of regionalization and
consolidation of programs as well a the discussion topic regarding standards for
upgrading unreinforced masonry buildings.
Council Member Dillon thanked the Mayor for his invitation to the Sister Cities dinner.
MAYOR'S REPORT
Mayor Pinheiro announced his sons 21 st birthday. He went on to thank Council Member
Dillon for his attendance at the Sister City dinner and spoke on the fund raising at the
event for the City of Takko Machi, Japan.
He then announced that a fund had recently been opened at the City to allow members
of the public to donate directly to Sister City Takko Machi, Japan. .......
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pro Tempore Tucker suggested bringing the Habitat Conservation Plan (HCP)
item back to Council.
Council Member Woodward suggested that staff return to the next meeting with a report
of the timeline of the irrevocability of opting out of the HCP, and the consequences to
the City. The majority of Council agreed to agendize the item with Council Members
Arellano, Dillon and Bracco against it.
Council Member Arellano suggested addressing Mayor Pro Tempore Tucker's
suggestion of bringing the HCP item back. There was not a majority of Council in
agreement to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of March 28, 2011 Regular Meeting
B. Minutes of April 4, 2011 Regular Meeting
C. Opening Recruitment for One (i) Seat on the Library Commission, One (i)
Seat on the Planning Commission and One (i) Seat on the Parks & Recreation
Commission
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D. Resolution 2011-19 of the City Council of the City of Gilroy Authorizing
Entering Into An Agreement With the State of California and Designating a
Representative to Sign the Agreement and Any Amendments Thereto for
Implementation of the California Environmental Reporting System (CERS)
Program
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E. Resolution 2011-20 of the City Council of the City of Gilroy Approving the
Reinstatement of 38 Residential Development Units (RDOs) Awarded Pursuant
to the Residential Development Ordinance Performance Agreement for RD 06-
02, Approving the Reinstatement of 35 Units Awarded to AHE 07-01, and
Approving Revised Build-out Schedules for the Oak Creek Project
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A, B, C, D,E
Moved Mayor Pro Tempore Tucker, seconded by Council Member 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
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Amending Master Plan
Approval A/S-PUD 06-31, Adopted by Resolution No. 2009-01, to be Consistent
with a Revised Project Described in TM 07-11 and A/S 10-22, Totaling
Approximately 26.35 Acres Located on the Southwest Corner of Luchessa
Avenue and Monterey Road, 808-21-018, 808-21-032 and 808-21-033
The staff report was presented by Planner II Durkin.
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Resolution 2011-21 of the City Council of the City of Gilroy
Amending Master Plan Approval A/S-PUD 06-31, Adopted by Resolution No. 2009-
01, to be Consistent with a Revised Project Described in TM 07-11 and A/S 10-22,
Totaling Approximately 25.6 Acres Located on the Southwest Corner of Luchessa
Avenue and Monterey Road, 808-21-018, 808-21-032 and 808-21-033
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 Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward
No: Mayor AI Pinheiro
B. A Resolution of the City Council of the City of Gilroy Approving A/S 10-22, an
Application for Architectural and Site Approval for a Residential Subdivision
Totaling Approximately 25.6 Acres Located on the Southwest Corner of
Luchessa Avenue and Monterey Road, APN's 808-21-018, 808-21--032 and 808-
21-033
The staff report was presented by Planner II Durkin.
There were no public comments
Motion on Item IX.B
Motion: to Adopt Resolution 2011-22 of the City Council of the City of Gilroy
Approving A/S 10-22, an Application for Architectural and Site Approval for a
Residential Subdivision Totaling Approximately 25.6 Acres Located on the
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Southwest Corner of Luchessa Avenue and Monterey Road, APN's 808-21-018,
808-21--032 and 808-21-033
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 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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C. A Resolution of the City Council of the City of Gilroy Granting the Appeal of
the Planning Commission's Denial of, and Approving, TM 07-11, a Tentative
Map to Create 213 Residential Lots, Seven (7) Open Space Lots, and One (1)
Remainder Lot for a Property Zoned NO (Neighborhood District) on
Approximately 25.6 Acres Located on the Southwest Corner of Luchessa
Avenue and Monterey Road, APN's 808-21-018, 808-21-032 and 808-21-033
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The staff report was presented by Planner II Durkin and City Attorney Callon.
There were no public comments.
Motion on Item IX.C.
Motion: to Adopt Resolution 2011-23 of the City Council of the City of Gilroy
Granting the Appeal of the Planning Commission's Denial of, and Approving, TM
07-11, a Tentative Map to Create 213 Residential Lots, Seven (7) Open Space Lots,
and One (i) Remainder Lot for a Property Zoned NO (Neighborhood District) on
Approximately 25.6 Acres Located on the Southwest Corner of Luchessa Avenue
and Monterey Road, APN's 808-21-018, 808-21-032 and 808-21-033 Moved by
Council Member Peter Leroe-Munoz, 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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X. INTRODUCTION OF NEW BUSINESS
A. Amendment to Section 50.62 of the Zoning Code to Amend the Exemption for
Shovel Ready Residential Projects, Z 11-01
The staff report was presented by Community Development Department Director
Abrams.
Public comment was opened.
James Suner spoke on the need for the shovel ready project concept, speaking on the
problems with projects being denied at the staff level.
Tom Fischer spoke in support of eliminating the shovel ready ordinance explaining that
it allowed developers to by-pass the system and had dramatic impacts to city and
school services. He concluded by stating that the RDO task force should review the
RDO standards for continued good planning.
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There were no further public comments.
Motion on Item X.A.
Motion: to direct staff to prepare an ordinance repealing the shovel ready
ordinance
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano MD.
Vote: Motion carried 5-2.
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Yes: Council Member Peter Arellano MD; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor
AI Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon
B. Review of Gilroy Code Section 3B - Alarm Systems
The staff report was presented by Police Chief Turner.
Council Member Bracco explained that he had recused himself on the item at the
previous meeting, explaining that he was advised that it was not necessary for him to
recuse himself.
There were no public comments.
Motion on Item X.B.
Motion: to direct staff to prepare an amendment to the ordinance, removing the
annual alarm permit fee, and charging a one-time alarm holder registration fee of
$20.
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 Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward
No: Mayor AI Pinheiro
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8, Gilroy City Code Section 17A.8 (a)(2)
Property: 7539 Monterey Street, APN 799-06-048
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer
Other Party to Negotiations: Jose Montes
Under Negotiations: Price and Terms of Payment
Council Member Woodward recused himself from deliberations on the item explaining
that he owned real property within 500 feet of the subject property.
The Council adjourned to closed session at 7:27 p.m.
Motion to Continue in Closed Session
The Council voted to continue in closed session by the following vote:
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Dion Bracco; Council Member Peter Leroe-Murioz; Mayor Pro Tempore
Cat Tucker; Mayor AI Pinheiro
Absent: Council Member Perry Woodward
SHAWNA FREELS,
City cr~rk
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