Minutes 2012/11/05City of Gilroy
City Council Meeting Minutes
November 5, 2012
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:01 p.m. and led pledge of allegiance
The invocation was given by Associate Pastor Bill Hawkins of New Hope Community
Church.
City Clerk Shawna Freels announced that the agenda had been posted on October 31,
2012 at 11:30 a.m.
Roll Call
Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco;
Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
B. Orders of the Day
There were no agenda changes.
C. Introductions
There were no new employee introductions.
II.CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were none.
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
James Suner requested that his project Harvest Park be agendized before Council on
November 19, 2012.
Public comment was closed.
B. Public Art Committee Annual Presentation to Council
The presentation was given by Shirley Willard, Chair of the Public Art Committee.
C. Presentation by Dan Shaw Regarding a Property Located at 7601 Monterey,
APN 799 -04 -008
Dan Shaw stated that the property ownership had recently submitted an architectural
and site application for a new structure, and then went on to explain that the Federal
Government Services Administration was entering into an agreement to use the building
for a Social Security Office. He explained that his application fell within the staff
approval process stating that he was ready to pull building permits as soon as it was
approved. He concluded by sharing previous problems with ownership of the property
and abating the old building.
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Mark Sanchez stated that the site would work well for the Governmental Services
Administration sharing the RFP process and ability to affect a lease. He explained that
there would also be retail space for 1 -3 tenants.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco explained that the Library JPA had been dealing with issues
brought up by Los Altos and Los Altos Hills regarding the JPA funding formula,
explaining that there could be changes with the JPA in the future.
Council Member Leroe -Munoz thanked Recreation staff for their work on the previous
weekend's fun run.
Council Member Dillon wished everyone well in the next day's election.
MAYOR'S REPORT
Mayor Pinheiro thanked the community for participating in the exchange club dinner the
previous weekend. He then announced that the Council would hold a special meeting
on Friday, December 7th at 6:00 p.m. to receive the official election canvass and
swearing in of new Council Members.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pinheiro requested that the Harvest Park RDO -HE 12 -02 be agendized on
November 19th as requested by the applicant during public comment.
City Attorney Callon asked that staff carefully look at the zoning code to ensure that no
public noticing issues be missed.
The council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of October 15, 2012 Regular Meeting
B. Appointment of (1) One Member to the Housing Advisory Board with a Term
Expiration of September 30, 2014
C. Opening of the Annual Recruitment Period for Boards, Commissions and
Committees
D. Appointment of (1) One Member to the Sign Ordinance Review Task Force
E. Notice of Acceptance of Completion of Wildflower Court Subdivision, Tract
No. 9703
Motion on the Consent Calendar
Motion: approve Approval of Items A, B, C, D, E
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
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VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Request for a Change in Zoning Designation from Gateway District (GD) to
Gateway District - Planned Unit Development (GD -PUD) on Approximately 7.45
Acres Located on Monterey Street at Eleventh Street, Between Tenth Street
and Luchessa Avenue, APN's 799 -33 -048 Through 799 -33 -064, Signature
Development Group c/o Tom Quaglia, Z12 -02
Council Member Bracco recused himself from deliberations on the item explaining that
he owned property within 500 feet of the subject property. He then left the Council
chambers.
The staff report was presented by Planner II Durkin.
Tom Qualia spoke on the application explaining the outreach conducted within the
neighborhood and work with staff stating that the project plan had changed quite a lot,
explaining in detail the project highlights.
The public hearing was opened.
Bob Spaner on Garden Court stated that the members of the adjacent neighborhoods
were concerned about the lighting and was glad to hear 11th street would not go all the
way through.
The public hearing was closed.
Motion on Item VIII.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading with
addition of ADA sounding device at crosswalks.
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
Abstain: Council Member Dion Bracco
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.A.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Application Z 12 -02, a Change in Zoning Designation From Gateway
District (GD) to Gateway District - Planned Unit Development (GD -PUD) on
Approximately 7.45 Acres Located on Monterey Street Between Tenth Street and
Luchessa Avenue, APN's 799 -33 -048 Through 799 -33 -064 with the suggested
amendments.
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
Abstain: Council Member Dion Bracco
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Third Motion on Item VIII.A.
Motion to Direct Staff to Prepare a Resolution Approving TM 12 -02
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob
Dillon.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
Abstain: Council Member Dion Bracco
Fourth Motion on Item VIII.A.
Motion: to Direct Staff to Prepare a Resolution Approving AS 12 -29 with the
suggested amendments.
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
Abstain: Council Member Dion Bracco
B. Public Hearing Concerning the Issuance of Multifamily Housing Revenue
Bonds for Gilroy Park Apartments by the California Statewide Communities
Development Authority
The staff report was presented by Finance Director Turner.
The public hearing was opened, there being no comment, the hearing was closed.
Motion on Item VIII.B.
Motion: Adoption of Resolution 2012 -45 of the City Council of the City of Gilroy
Approving the Issuance By the California Statewide Communities Development
Authority of Multifamily Housing Revenue Bonds for Gilroy Park Apartments
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Perry Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
IX. UNFINISHED BUSINESS
A. Adoption Ordinance of the City Council of the City of Gilroy Amending the
Gilroy City Code Adding Chapter 12.6 - Habitat Conservation Plan, to Adopt by
Reference and Implement the Santa Clara Valley Habitat Conservation
Plan /Natural Community Conservation Plan Including Authority to Collect
Local Development Mitigation Fees Adopted by the Santa Clara Valley Habitat
Agency From Project Applicants and to Remit the Fees to the Agency for
Funding the Preservation of Natural Ecosystems in Accordance with the Plan
There were no public comments.
Motion on Item IX.A.
Motion: Adoption of Ordinance 2012 -13 of the City Council of the City of Gilroy
Amending the Gilroy City Code Adding Chapter 12.6 - Habitat Conservation Plan,
to Adopt by Reference and Implement the Santa Clara Valley Habitat
Conservation Plan /Natural Community Conservation Plan Including Authority to
Collect Local Development Mitigation Fees Adopted by the Santa Clara Valley
Habitat Agency From Project Applicants and to Remit the Fees to the Agency for
Funding the Preservation of Natural Ecosystems in Accordance with the Plan
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Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 4 -3.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
A. Report on Installation of ADA Pedestrian Safety Improvements at City Traffic
Signals
The staff report was presented by Transportation Engineer Dey.
There were no public comments.
Motion on Item X.A.
Motion: to direct staff to prioritize the crosswalk intersections within the city, and
return during the capital improvement budget process with the costs to install the
improvements.
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
B. Adoption of a Complete Streets Policy for the City of Gilroy
The staff report was presented by Transportation Engineer Dey.
There were no public comments.
Motion on Item X.B.
Motion: Adoption of Resolution 2012 -46 of the City Council of the City of Gilroy
Adopting a Complete Streets Program
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
C. Report'on Wren Avenue Crosswalk at Byers Street
The staff report was presented by Transportation Engineer Dey.
Dominic Cefalu asked Council to provide a safe crosswalk stating that the lack of a
crosswalk wasn't keeping children from crossing to the park and school, which was a
huge safety concern. He stated that there hadn't been any accidents at the previous
crosswalk while he had been living in the area.
Arnold Sevetter stated that children and families were still attempting to cross in the
area where the crosswalk had been, to get to the park, which he believed was a huge
safety concern.
Ginger Hobert stated that she had submitted concerns t the city regarding the removal
of the crosswalk, but had not heard back from the city. She then shared her concerns
with children crossing the street to get to school and went on to explain that there were
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other safety implementations being done on the other side of the school.
Eric Holman stated that when there was a crosswalk it had been legal to cross the
street and motorists were required to yield, and without the crosswalk, there were safety
concerns.
Failed motion
Motion: to provide direction to Staff to provide Council with a cost estimate for bulb outs,
lights, and an island in the center as a plan to make a safe crossing.
Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion failed 2 -5.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe -Munoz
No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore
Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
Motion on Item X.C.
Motion: to direct staff to paint the crosswalk back, and then conduct a review for
safety bulb outs, islands and lighting and return to Council for further
consideration.
Moved by Council Member Perry Woodward, seconded by Council Member Dion
Bracco.
Vote: Motion carried 5 -2.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Peter Leroe -Munoz
D. A Resolution of the City Council of the City of Gilroy Supporting the Schools
and Local Public Safety Protection Act (Proposition 30)
The item was presented by Human Resources Director McPhillips.
Public comment was opened.
Melanie Corona suggested that the City Council publically support the school district by
approving the resolution.
Cheryl Galloway spoke in support of proposition 30 stating that as a teacher at Brownell
Middle School she saw the need for the funding to ensure the school year was not
further cut.
Jaime Rosso, Gilroy School Board Member, spoke in support of the Council adopting
the resolution sharing the fiscal impacts on local schools and revenue generated by the
passing of the proposition.
Public comment was closed.
Failed Motion on Item X.
Motion: to Adopt Resolution 2012 -47 of the City Council of the City of Gilroy Supporting
the Schools and Local Public Safety Protection Act (Proposition 30)
Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion failed 3 -4.
Yes: Council Member Peter Arellano MD; Council Member Peter Leroe- Munoz; Mayor
Pro Tempore Cat Tucker
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry
Woodward; Mayor Al Pinheiro
E. Policy for the Process of Selecting Sister City Relationships Between the City
of Gilroy and Prospective Sister Cities
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Mayor Pinheiro presented the item.
There were no public comments.
Motion on Item X.E.
Motion: to Adopt a Policy for the Process of Selecting Sister City
Relationships Between the City of Gilroy and Prospective Sister Cities
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
Mayor Pinheiro then thanked Transportation Engineer Dey for his 8 1/2 years of service
to the city, sharing his background and successes and wishing him well in retirement.
The full Council and audience gave Transportation Engineer Dey a standing ovation.
XI. CITY ADMINISTRATOR'S REPORTS
There was none.
XII. CITY ATTORNEY'S REPORTS
There was none.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (1) One Case
Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section
17A.11(c) (1):
Name of Case: The People of the State of California (The City of Gilroy, California) v
BDS Capital, Inc., Daniel Shaw, Principal BDS Capital, Inc.
Case No. FF930886 Superior Court of California in and for the County of Santa Clara
Date Case Filed: August 11, 2009
Mayor Pinheiro explained that item XIILA had been placed on the agenda in the event
there was a need for it following the earlier presentation to Council.
City Attorney Callon explained that it was not necessary to enter into closed session on
the item.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a)
(2)
Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and
Monterey Streets)
Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance
Director
Other Party to Negotiations: Fran and Bobby Baudette
Under Negotiations: Lease Terms
Mayor Pinheiro stated that he would be recusing himself from deliberations on closed
session Item B. explaining that the owner of the Garlic City Casino was an insurance
client of his.
The Council entered into closed session at 9:07 p.m.
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Motion to continue in closed session
The Council voted to remain in closed session by the following vote:
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker Council Member Perry Woodward
Absent: Mayor Al Pinheiro
City Clerk
City Council Meeting Minutes
11/5/2012