Minutes 2012/12/03City of Gilroy
City Council Meeting Minutes
December 3, 2012
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:01 p.m. and led the pledge of allegiance.
The invocation was given by Anne Hawkins of the Baha'i Faith Community.
Deputy City Clerk Knerr reported that the agenda had been posted on November 28,
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
Mayor Pinheiro asked that Item VI.A. be removed from the agenda as the minutes had
not been included in the packet.
The City Council agreed to remove the item from the agenda.
C. Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a certificate of appreciation to PG &E for a donation to the City
Recreation Program.
Mayor Pinheiro read a proclamation Honoring Robert "the Ghost" Guerrero for his title
fight win.
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
There were no public comments.
B. Personnel Commission Annual Presentation to Council
The presentation was given by Sam Bozzo of the Personnel Commission.
IV. REPORTS OF COUNCIL MEMBERS
There were no reports.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
The Council agreed to agendize the endorsement of Ralph Santos, Sr. as the Santa
Clara Valley Water District Board appointee at their meeting of December 10, 2012.
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VI. CONSENT CALENDAR
B. Renewal of Housing Trust Fund Grant to the Gilroy Compassion Center in the
Amount of $21,000.00
Motion on the Consent Calendar
Motion: to approve consent calendar item B
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
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
A. Cardroom Table and Permit Fee Research and Amendments to Gilroy City Code
Section 16.6 -1 "Cardrooms"
Mayor Pinheiro recused himself from deliberations on the item explaining that he
provided insurance services for the local cardroom business; he then left the dais.
The staff report was presented by Police Sergeant Ashley.
Mayor Pro Tempore Tucker opened public comment; there being none, public comment
was closed.
Motion on Item IX.A.
Motion: to receive the report and accept the recommendations of the Police
Department and direct staff to bring back a resolution incorporating the
recommended changes
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Perry
Woodward.
Vote: Motion carried 5 -1 -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
No: Council Member Dion Bracco
Abstain: Mayor Al Pinheiro
Mayor Pinheiro returned to the dais.
B. Adoption of an Ordinance of the City Council of the City of Gilroy Approving
Application Z 12 -04 and Thereby Amending the Planned Unit Development
(PUD) Adopted by Ordinance 96 -5 to Include Specific Building Designs for the
Homes Within the Area Covered by the PUD for a Property Located on the West
Side of Rancho Hills Drive, Between Sunrise and Longmeadow Drives
Public comment was opened.
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12/3/2012
Derek Pampe, applicant with DeNova Homes, presented enhanced fencing options to
address the Planning Commission's concerns and then explained planned erosion
control measures.
Janet Espersen, of Save our Gilroy Foothills, expressed concern about recent earth
movement at the Rancho Hills area and shared photos. Mrs. Espersen then requested
the City Council hire an engineer to make certain the hillside was safe.
Tom Espersen expressed concern about soil movement and potential loss of property or
life and stated that the city should determine if the developer's erosion control measures
were sufficient.
Phil Williams spoke on his experience with construction and soils testing, expressing
concern about future landslides in the area.
Deborah Albert spoke about the fencing sharing her preference of a masonry wall.
Derek Pampe spoke on the experience of the independent soils engineer who had
inspected the site and required disclosure to future homeowners.
Public comment was closed.
Motion on Item IX.B.
Motion: to adopt Ordinance 2012 -15 of the City Council of the City of Gilroy
Approving Application Z 12 -04 and Thereby Amending the Planned Unit
Development (PUD) Adopted by Ordinance 96 -5 to Include Specific Building
Designs for the Homes Within the Area Covered by the PUD for a Property Located
on the West Side of Rancho Hills Drive, Between Sunrise and Longmeadow Drives
Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco.
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
Second Motion on Item IX.B.
Motion: to approve the enhancement of redwood fencing with lattice
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 5 -2.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Perry Woodward
C. A Resolution of the City Council of the City of Gilroy Approving A/S 12 -39, an
Application for Architectural and Site Approval of a Portion of the Rancho Hills
Subdivision and Planned Unit Development (PUD) for a Property Located on the
West Side of Rancho Hills Drive, Between Sunrise and Longmeadow Drives
Council Members Bracco and Woodward noted that they had watched the video of the
previous meeting.
Public comment was opened.
Tom Espersen reiterated his concern about soil movement after recent heavy rains.
Phil Williams expressed concern about the contractor who worked on the site and spoke
on the need for independent oversight.
Public comment was closed.
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Motion on Item IX.C.
Motion: to adopt Resolution No. 2012 -51of the City Council of the City of Gilroy
Approving A/S 12 -39, an Application for Architectural and Site Approval of a
Portion of the Rancho Hills Subdivision and Planned Unit Development (PUD) for a
Property Located on the West Side of Rancho Hills Drive, Between Sunrise and
Longmeadow Drives
Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco.
Vote: Motion carried 6 -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 Al Pinheiro
No: Council Member Peter Arellano M.D.
X. INTRODUCTION OF NEW BUSINESS
A. Approval of Merit Salary Increase for City Clerk Shawna Freels
The report was presented by Mayor Pinheiro.
Public comment was opened.
Tom Espersen spoke in support of the salary increase noting the professionalism of the
City Clerk and his positive experiences working with her.
Public comment was closed.
Motion on Item X.A.
Motion: to approve a Merit Salary Increase for City Clerk Shawna Freels
Moved by Council Member Bob Dillon, 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
B. Reinstatement of 178 Expired Units Previously Approved Under Residential
Development Ordinance (RDO) Performance Agreement RD 06 -02,
Reinstatement of 35 Expired RDO Units Previously Awarded by Affordable
Housing Exemption Application AHE 07 -01, and Approval of Revised Final Map
Deadline to April 18, 2015 for the Oak Creek Subdivision (c /o Michael
McDermott, Luchessa Road, LLC)
The staff report was presented by Planner II Durkin.
Public comment was opened.
Tom Espersen spoke against extending the Residential Development Ordinance (RDO)
agreement.
Skip Spiering, of Luchessa Road, LLC, summarized the status of the project. He asked
that the condition regarding the affordable housing be agendized at the next meeting and
then explained that they hoped to move the low and very -low income units to the corner
of Luchessa and Monterey Roads, which they were under contract to purchase.
Tom Fischer spoke against reinstating the RDO units and recommended a one -year
extension in the event it was approved.
Public comment was closed.
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Motion on Item X.B.
Motion: to direct Staff to Prepare a Resolution Approving the Extension of RDO
Performance Agreement RD 06 -02, Extension of Affordable Housing Exemption
AHE 07 -01 and Revision of Final Map Deadline as Recommended by Staff
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 4 -3.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe- Munoz; Council Member Perry Woodward
No: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker; Mayor
Al Pinheiro
Tom Fischer stated that the public should be notified of possible changes to the
affordable element of the Oak Creek project.
Council Members Leroe - Munoz, Bracco and Dillon each stated they had met individually
with the developer to discuss the proposal.
Second Motion on Item X.B.
Motion: to direct Staff to agendize discussion and possible action on the
affordable element of Oak Creek Subdivision on December 10, 2012
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 4 -3.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe- Munoz; Council Member Perry Woodward
No: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker; Mayor
Al Pinheiro
C. Water System Emergency Repair at West Luchessa Avenue Bridge at Uvas
Creek
The staff report was presented by David Stubchaer.
There were no public comments.
Motion on Item X.C.
Motion: to Receive and File Report of Emergency Repair
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
XI. CITY ADMINISTRATOR'S REPORTS
There was no report.
XII. CITY ATTORNEY'S REPORTS
There was no report.
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8(a)(2)
Property: 7780 Monterey Street, APN 841 -04 -020, Gilroy, California
Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance
Director; Rick Smelser, City Engineer /Public Works Director
Other Party to Negotiations: Jose Montes
Under Negotiations: Price and terms of payment
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There were no public comments.
The Council adjourned to closed session at 8:13 p.m.
Motion to continue in closed session
The Council voted to remain in closed session by the following vote:
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
l
J nnifer K rr
eputy City Clerk
City Council Meeting Minutes
12/3/2012