Minutes 2015/05/18City of Gilroy
City Council Special and Regular Meeting Minutes
May 18, 2015
I. Call to Order and Roll Call
Mayor Gage called the meeting to order at 5:00 p.m.
He then announced that the Council was opening with a special meeting at 5:00 p.m.
and if it ran over, the regular meeting would be opened and the Council would then
resume with the special meeting topic.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
II. NEW BUSINESS
A. Gilroy 2040 General Plan Preferred Land Use Alternative
The staff report was introduced by Senior Planner Ketchum.
Consultant Dave Amos of Mintier Harnish presented the land use alternatives phase of
the general plan process.
Council Member Roland Velasco joined the meeting at 05:03 p.m.
Public comment was opened.
Connie Rogers spoke on the recommendations of the planning commission sharing her
thoughts as a member of Save Open Space and their support of reserving the open
space areas and compacting urban growth.
Ken Kerley was called to speak sharing thoughts on the zoning of his family's property
near the sports park and Gavilan college, and asking that the zoning remain the same.
He spoke on traffic and infrastructure needs of the area, and future development of the
property.
James Pace President of the Gilroy Unified School District Board was called to speak
giving thanks for the city including the school district in the planning of the new General
Plan. He spoke on the need for adequate school facilities and future planning to
proactively address everyone's needs.
REGULAR MEETING 6:00 P.M.
I. OPENING
A. Call to Order
Mayor Gage called the regular meeting to order at 6:00 p.m.
The pledge of allegiance was led by Council Member Velasco.
The invocation was given by Pastor Greg Quirke of South Valley Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on May 13,
2015 at 12:15 p.m. and the revised agenda had been posted on May 15, 2015 at 1:15
p.m.
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Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
A. Gilroy 2040 General Plan Preferred Land Use Alternative
Public comment was re- opened
Elizabeth Sanford was called to speak sharing her thoughts on growing economic
growth by providing jobs in the community and the need to plan for equity in planning for
housing in balance with fostering economic growth.
Tammy Brownlow Executive Director of the Economic Development Corporation was
called to speak explaining that as a member of the GPAC she believed the
recommendation for focus area 8 was in the best interests of the city.
Martha Schauss was called to speak sharing her thoughts on the priority of the GPAC
and those of the public during the citizens workshops explaining that there was a strong
recommendation to retain the open space by the public, and expressed the need to
retain the rural areas for a higher quality of life for Gilroy's residents.
Henry Coletto was called to speak stating that as a lifelong resident of multiple
generations he had seen major changes in the community and explaining_that slower
growth was a better option for the community.
Katrina Krakow was called to speak on the non - responsiveness of police as there were
no enough police staffed during the day and suggested identifying public safety as the
number one priority. She spoke on the city's use of the wrong type of street lighting and
the need to focus on safety.
Ruben DeLerosa was called to speak on the quality of the jobs providing in the future
and the impacts of the High Speed Rail on Gilroy.
Carolyn Tognetti was called to speak explaining that as a member of the GPAC as well
as the prior general plan committee she recognized increased citizen involvement in the
2040 general plan process, and the overwhelming recommendation for compact
development. She spoke in support of the Planning Commission's choice to uphold the
public's recommendations for compact development and then spoke on revitalizing the
downtown for fiscal and image reasons.
Walt Glines was called to speak as a member of the GPAC sharing his belief that high
paying jobs was a necessity in the city. He then spoke on a .letter from the VTA
regarding the general plan.
Linda West from the Citizens for Downtown Revitalization was called to speak sharing
her groups thoughts on upholding the public's recommendations and focusing on
economic development for the downtown.
Don Perino was called to speak explaining that the 1000 acre property on the east'side
of the railroad should be without leap- frogging. He then asked how many members of
the council had taken a course on real estate suggesting that growth go west not east.
He then referred to an article recently written.
David Almeida was called to speak requesting that the plan go back to the General Plan
Advisory Committee for further review as urban development should be identified verses
suburban growth as it was unsustainable. He then spoke on the need to grow inwardly
suggesting that Portland and other communities.
Bob Sigala was called to speak sharing his reasons for moving to Gilroy to get out of the
big city atmosphere. He spoke on the cost of living and the impacts of growth on
infrastructure such as water. He then spoke on a eminent domain issue from his
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property and then spoke on extended response time for public safety. He concluded by
stating that the public really wanted to see open space and more public input was
needed.
David Lima was called to speak sharing his thoughts on the fiscal responsibility in
maintaining the services and spoke on the removal of the areas to open space to reduce
overall costs to the city. He then spoke on the goal of development in the downtown
corridor to draw development interests and suggested that the council support the
planning commission recommendations.
Public comment was closed.
Motion on Special Meeting Item A
Motion: to Approve Preferred Land Use Alternatives as recommended by the
GPAC with the change of the 660 in focus area 8 to open space for Inclusion in the
Gilroy 2040 General Plan and Direct Staff to Proceed with the Development of a
General Plan Policy Document and Environmental Impact Report
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 4 -3.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor
Pro Tempore Perry Woodward; Mayor Don Gage
No: Council Member Dion Bracco; Council Member Cat Tucker; Council Member
Roland Velasco
B. Orders of the Day
There were no agenda changes.
C. Introductions
There were no employee introductions.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a proclamation naming May, 2015 Foster Care Awareness
Month.
Mayor Gage presented a proclamation naming May 14 -22, 2015 Affordable Housing
Week.
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.
IV. REPORTS OF COUNCIL MEMBERS
Peter Leroe Munoz spoke on the Gilroy Youth Task Force golf tournament the prior
Friday sharing the tremendous support from the community thanking Mayor Gage for
bringing the event back as a fund raiser as it was a huge success.
MAYOR'S REPORT
Mayor Gage reported the EDC had met and approved the budget, the Downtown
Business Association was having difficulties with their budget, the youth task force policy
team had met and SCRWA had met and approved the plan, and the URM Task force
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had one additional building that had been approved and was being permitted, explaining
that all should be completed by the year end.
Council Member Velasco announced that ABAG had met and approved the annual work
plan and budget.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Gage asked that a discussion on the development of a parking garage in city
library area be agendized for a future meeting.
Council Member Tucker asked that a future item on the impact fees for small businesses
in the downtown.
The Council agreed to agendize the two items.
VI. CONSENT CALENDAR
A. Minutes of the May 4, 2015 Regular Meeting
B. A Resolution 2015 -19 of the City Council of the City of Gilroy Setting the
Annual Fireworks Mitigation 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
C. Notice of Acceptance of Completion of Eigleberry Street Water Service
Replacement Project No. 15 -PW -215
D. Adoption of an Ordinance 2015 -03 of the City Council of the City of Gilroy
Ratifying Ordinance No. 2012 -06 Levying Special Tax Within Community
Facilities District No. 2012 -01 (Landscape Maintenance) and Ratifying Previous
Levies
E. A Resolution 2015 -20 of the City Council of the City of Gilroy Identifying the
Terms and Conditions for Fire Department Personnel Response Away from
Their Official Duty Stations and Assigned to an Emergency Incident
F. Claim of Monique Alarcon (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
G. Claim of Israel Chapa (the City Administrator Recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claim)
H. Claim of Raymond Lazalde (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
I. Appointment of One (1) Member to the Personnel Commission With a Term
Ending 12/31/2018
J. Letter of Support to the Santa Clara Valley Transportation Authority (VTA)
Endorsing the Preferred Highway 85 Express Lanes Project
K. Amendment to the Agreement for Professional Services with NHA Advisors,
LLC in an Amount Not to Exceed $125,000.00
Motion on the Consent Calendar
Motion: to approve consent calendar items A, B, C, D, E, F, G, H, I, J and K.
Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe
Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
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Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
VII. BIDS AND PROPOSALS
A. Approval of the Purchase. of Emergency Communications Phone System
Upgrades and Maintenance
The staff report was presented by Captain Deras.
Motion on Item VII.A.
Motion: to Approve Purchases with Carousel Industries of North
America, Inc. and Airbus DS Communications in the Amount of $298,930.53 for
Emergency Communications Phone.System Upgrades and Maintenance
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Approving Zone Change
Z 15 -04, a Planned Unit Development Zoning Amendment to Approve the
Heartlands Estates Phase I Project, Filed by Meritage Homes c/o Scott Kramer
for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass
Road, APN 810 -21 -009
Council Member Aulman recused herself from deliberations on the item due to her home
ownership within 500 feet of the project site. She then left the Council chambers.
There were no public comments.
Motion on Item 1X.A.
Motion: to Read the Ordinance by Title Only and Waive Further
Reading
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Abstain: Council Member Terri Aulman
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 Approving Zone Change Z 15 -04, a Planned Unit Development Zoning)
Amendment to Approve the Heartlands Estates Phase 1 Project, Filed by Meritagel
Homes for Property Located on the Northern Portions of 1690 and 1750 Hecker
Pass Road, APN 810 -21 -009
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
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Abstain: Council Member Terri Aulman
B. A Resolution of the City Council of the City of Gilroy Approving General Plan
Amendment Application GPA 14 -02, A General Plan Amendment to Modify the
Hecker Pass Specific Plan Filed by Northern California Land and Entitlement
Consultants for APN's 810 -20 -004 and 810 -21 -009
There were no public comments.
Motion on Item IX.B.
Motion: to Adopt a Resolution 2015 -21 of the City Council Approving General Plan
Amendment Application GPA 14 -02, A General Plan Amendment to Modify the
Hecker Pass Specific Plan Filed by Northern California Land and Entitlement
Consultants for APN's 810 -20 -004 and 810 -21 -009
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Dion Bracco.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward Mayor Don Gage
Abstain: Council Member Terri Aulman
C. An Ordinance of the City Council of the City of Gilroy Approving Zone Change
Z 15 -02, a Planned Unit Development Zoning Amendment to Approve the
Heartlands Estates Phase II Project, Filed by Meritage Homes c/o Scott Kramer
for Property Located on the Northern Portions of 1690 and 1750 Hecker Pass
Road, APN 810 -21 -009
There were no public comments.
Motion on Item IX.C.
Motion: to Read the Ordinance by Title Only and Waive Further
Reading
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
City Clerk Freels read the ordinance title.
Second Motion on Item IX.C.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Zone Change Z 15 -02, a Planned Unit Development Zoning Amendment
to Approve the Heartlands Estates Phase II Project, Filed by Meritage Homes c/o
Scott Kramer for Property Located on the Northern Portions of 1690 and 1750
Hecker Pass Road, APN 810 -21 -009
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Abstain: Council Member Terri Aulman
D. Review of Gilroy City Code Chapter 8.13 "Elections Campaign Finance"
The staff report was presented by City Administrator Haglund and further presented by
Acting City Attorney Faber.
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The Council directed staff to return with an amended to the code section setting the
contribution limit at a $1. per capita.
X. INTRODUCTION OF NEW BUSINESS
A. Modifications to Article VI of Chapter 27 of the Gilroy City Code Entitled 'Water
Supply Shortage Regulations and Declaration of Level 2 Water Supply
Shortage Conditions
The staff report was presented by Public Works Director Smelser.
Public comment was opened.
Katrina Krakow was called to speak sharing her thoughts on water use asking the city if
it could provide the total number of gallons used, as the data was not currently provided
to water customers. She then spoke on doing better outreach with water customers as
online billing customers did not receive the same information that mail billing customers
did. She then asked how the regulations would affect customers who already reduced
their usage.
Tammy Brownlow was called to speak asking for the impacts on businesses as high
usage business customers didn't have the landscaping uses presented in the report.
Jane Howard was called to speak asking for the impacts on lodging properties and
shared the outreach the Welcome Center could provide.
Public comment was then closed.
Motion on Item X.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
City Clerk Freels read the ordinance title.
Second Motion on Item X.A.
Motion: to Adopt Emergency Ordinance 2015 -04 of the City Council of the City of
Gilroy Amending Article VI of Chapter 27 of the Gilroy City Code Entitled 'Water
Supply shortage Regulations
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri
Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
Third Motion on Item X.A.
Motion: to Adopt a Resolution 2015 -22 of the City Council of the City of Gilroy
Declaring the Existence of Level 2 Water Supply Conditions
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri
Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry. Woodward; Mayor Don Gage
B. Liability Risk Pool Assessment
The staff report was presented by Human Resources Director McPhillips
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There were no public comments.
Motion on Item X.B.
Motion: to Direct staff to take the necessary actions to join the Municipal Pooling
Authority
Moved by Council Member Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
XI. CITY ADMINISTRATOR'S REPORTS
There were none.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City
Code Section 17A.11 (3) (a)
Name of Case: Perez v. Sullivan, et al.
Court: Santa Clara County Superior Court
Case No.: 1- 13 -CV- 253521
Date Case Filed: September 24, 2013
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City
Code Section 17A.11 (3) (a)
Name of Case: Monte, et al. v. City of Gilroy
Court: Santa Clara County Superior Court
Case No.: 1- 14 -CV- 269259
Date Case Filed: August 12, 2014
Acting City Attorney Faber recommended adjourning to closed session as discussion of
the litigation in open session could prejudice the city's position in the cases.
Motion to Adjourn to Closed Session
Motion: Approve to adjourn to closed session on items A and B.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland
Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
SHAWNA FREELS, MMC
City Clerk
City Council Meeting Minutes
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