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Minutes 2011/05/02 93'42 City of Gilroy City Council Meetina Minutes Mav 2. 2011 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 Tim Howe of First Baptist Church. City Clerk Freels reported that the agenda was posted on April 27, 2011 at 2:45 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 asked the Council to pull item VI.B. from the agenda. Motion to Remove Consent Calendar Item VtB. from the Aaenda Motion: to Remove Consent Calendar Item VtB. from the Agenda Acceptance of Grant Deed From the Bakhtar Family Trust for an Alley Dedication for a Property Located Off of Eighth Street Between Rosanna and Hanna Streets, APN 799-15-036 Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6-0-1. Yes: 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: Council Member Peter Arellano MD II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented the proclamation in Honor of Ada Wong, 3rd Place Winner of "the Biggest Loser" Mayor Pinheiro presented the proclamation Naming May 15th - 21 st, 2011 as Police Week. He then announced that the Gilroy Exchange Club held a luncheon in honor of all public safety personnel within the community. Mayor Pinheiro presented the proclamation Naming May, 2011 as Building Safety Month Mayor Pinheiro presented the proclamation Naming April 30-May 7,2011 as Affordable Housing Week. Mayor Pinheiro announced that a proclamation in honor of Robert Proclamation Honoring Robert "the Ghost" Guerrero would be presented at a special event planned downtown on May 15th. 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 I 9343 Recreation Manager Maria DeLeon shared the summer recreation guide with the Council and community. Julie of Recology South Valley presented the Recology recycler of the year award to Princevalle Homeowners Association. Public comment was closed. B. Annual Presentation by the Housing Advisory Committee The presentation was given by John Donahoe, Chair of the committee. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco shared a press release from the Santa Clara County Library JPA regarding funding reductions, and the decision to charge out-of-county residents an annual fee for library cards. Council Member Dillon spoke in support of the recent Navy Seal team actions with regards to terrorist leader Osama Bin Laden. MAYOR'S REPORT Mayor Pinheiro reported that the URM subcommittee had met with local bankers regarding funding for the repair of the downtown URM buildings, explaining that the next step was to work with the owners and banks on the development of a funding pool. He then invited the community to the Memorial Day Parade fund raising event at Gilroy Gardens on May 4th, explaining that it was coordinated to raise money for the Memorial Day parade. Mayor Pinheiro concluded by speaking on the trust fund that had been opened at the City for members of the public to donate money for the victims of the earthquake in Japan. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of April 18, 2011 Regular Meeting C. A Resolution 2011-24 of the City Council of the City of Gilroy Ordering the Vacation of a Portion of the Public Storm Drain Easement Within Lots 16 and 17, as Shown on the Map of Tract 9678 Filed for Record on June 8, 2005 in Book 787 of Maps, at Pages 26 and 27; and Lots 13, 14, 15 and 16, as Shown on the Map of Tract 9691, Filed for Record on June 8, 2005 in Book 787 of Maps, at Pages 24 and 25 of Records of Santa Clara County D. A Resolution 2011-25 of the City Council of the City of Gilroy Ordering the Vacation of a Portion of the Non-Buildable Easement on a Portion of Parcel 2A, as Shown Upon That Certain Parcel Map Filed January 15,1988 in Book 582 of Maps, Pages 21 and 22 of Records of Santa Clara County E. Acceptance of Certificate of Compliance for a Lot Merger Removing the Lines Between Adjoining Parcels and Abandoning a 30 foot Non Buildable Easement for a Property Located at 5755 Rossi Lane, on Behalf of Monterey Gourmet Foods F. A Resolution 2011-26 of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A 9344 G. Claim of Fernando and Lucia Silva (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Motion on Consent Calendar Motion: to approve consent calendar items A, C, D, E, F, G Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6-0-1. Yes: 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: Council Member Peter Arellano MD VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Action Plan for Community Development Block Grant (CDBG) Funding for Program Year 2011 (July 1,2011 through June 30, 2012) Council Member Peter Arellano M.D. joined the meeting at 6:37 p.m. The staff report was presented by Housing and Community Development Manager Roaf. The public hearing was opened. Jessica Garcia-Kohl spoke in support of the funding for the housing trust fund. - The public hearing was closed. Failed Motion on Item VIII.A. Motion: to Adopt Action Plan for the Community Development Block Grant (CDBG) Funding for Program Year 2011 (July 1,2011 through June 30, 2012), with the swim aquatics program, and art4life program funding coming from the City's general fund, Moved by Council Member Peter Arellano MD, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion failed 2-5. Yes: Council Member Peter Arellano MD; Mayor Pro Tempore Cat Tucker No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council Member Perry Woodward; Mayor AI Pinheiro Motion on Item VIII.A. Motion: to Adopt the Action Plan for the Community Development Block Grant (CDBG) Funding for Program Year 2011 (July 1,2011 through June 30, 2012) as is Moved by Council Member Dion Bracco, 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 - B. Tentative Map Request to Subdivide 13.49 Acres into 16 Lots on a Property Zoned HPSD (Hecker Pass Special District) Located West of Santa Teresa Boulevard, Between Third Street and Hecker Pass Highway, APN 810-21-015, the James Group c/o James Suner Applicant, TM 10-05 The staff report was presented by Senior Planner Ketchum. l 9345 The public hearing was opened, there being no comment the hearing was closed. Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving TM 10-05 with staff conditions. Moved by Council Member Peter Leroe-Munoz, 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 IX. UNFINISHED BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("RDO") by Repealing Gilroy Zoning Ordinance Section 50.62 (b)(11) Creating a Residential Development Ordinance ("RDO") Exemption Category for Shovel-Ready Projects There were no public comments. Motion on Item IX.A. Motion: to read the ordinance by title only. 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 City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("RDO") by Repealing Gilroy Zoning Ordinance Section 50.62 (b)(11) Creating a Residential Development Ordinance ("RDO") Exemption Category for Shovel-Ready Projects Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. 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 X. INTRODUCTION OF NEW BUSINESS A. An Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code, Article VI, Entitled "Seismic Safety" for Unreinforced Masonry Buildings The staff report was presented by Community Development Department Director Abrams. There were no public comments. Motion on Item X.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Perry Woodward, seconded by Council Member Dion Bracco. 9346 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 X.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code, Article VI, Entitled "Seismic Safety" for Unreinforced Masonry Buildings 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 B. Discussion of Santa Clara County Habitat Conservation Plan Development Timelines The staff report was presented by Community Development Department Director Abrams. Public comment was opened. Jennifer Williams of the County Farm Bureau spoke in opposition to the City continuing participation in the Habitat Conservation Plan. Kyle Wolfe President of the Santa Clara County Cattleman's Association spoke in opposition the City continuing participation in the Habitat Conservation Plan. Connie Rogers suggest that the Council stay at the table and continue the City's involvement in the Habitat Conservation Plan. Chris Vanni spoke on the "wake-up" call the Habitat Conservation Plan group had received with the City pulling out of the plan, and suggested that the City stay in the plan longer to see if it would eventually make sense for Gilroy. Public comment was closed. Failed Motion on Item XB. Motion: to bring back a staff report in June, with additional information on the impacts to the Glen Lorna Project, Hecker Pass plan, impacts on SCRW A, and various bridge projects, and to include an up-to-date report of the hard facts regarding the plan, and the ability for the City to be reimbursed. Moved by Council Member Perry Woodward, Seconded by Council Member Dion Bracco. Vote: Motion failed 3-4. Yes: Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Council Member Perry Woodward No: Council Member Peter Arellano MD; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro - Motion on Item X.B. Motion: to bring back the vote to rejoin the HCP at the next meeting. Moved by Council Member Peter Arellano MD, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano MD; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro 1 9347 No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward The Council adjourned for a break at 8:15 p.m. The Council reconvened the meeting at 8:20 p.m. C. Fiscal Year 2010-2011 Third Quarter Budget Review The staff report was presented by Finance Director Turner. There were no public comments. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund provided the Council with copies of the draft budget for the study sessions of May 9th and May 11th. XII. CITY ATTORNEY'S REPORTS There were none. XIII. ADJOURNMENT The Council adjourned the meeting at 8:33 p.m.