Minutes 2013/02/04I
City of Gilroy
City Council Meeting Minutes
February 4, 2013
I. OPENING
A. Call to Order
Mayor Gage called the meeting to order at 6:00 p.m.
The pledge of Allegiance was led by Council Member Tucker.
The invocation was given by Pastor Greg Quirke of South Valley Community Church.
City Clerk Shawna Freels reported that the agenda was posted on January 30, 2013 at
11:00 a.m.
Roll Call
Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco;
Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker
Absent/Excused: Mayor Pro Tempore Perry Woodward; Council Member Terri
Aulman
Mayor Gage announced that Mayor Pro Tempore Woodward had called to explain he
was stuck in traffic and was on his way.
B. Orders of the Day
There were no agenda changes.
Mayor Pro Tempore Perry Woodward joined the meeting at 6:06 p.m.
C. Introductions
There were no introductions.
I. Interviews with Bicycle Pedestrian Commission and Youth Commission
Applicants
The Council interviewed applicants for the Youth Commission.
Council Member Terri Aulman joined the meeting at 6:08 p.m.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented the certificate of appreciation to outgoing Library Commissioner
Phyllis Armenta.
Mayor Gage presented proclamations honoring Rotary International's 108th Birthday.
III. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA
Janet Espersen spoke on the meeting start time stating that she had surveyed other
cities in Santa Clara County and the majority started their meetings at or after 7:00 p.m.
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to allow commuters enough time to get home and attend the City Council Meetings. She
then spoke on the petition she had circulated to gain support of changing the meeting
start time to 7:00 p.m.
Joan Karns also spoke on the City Council meeting time asking the City Council to allow
more people to get involved in local government. She explained that many silicon valley
commuters could not make the 6:00 p.m. meetings stating that as representatives of the
community, the Council should change the meeting time to 7:00 p.m.
Phil Williams spoke on apathy with regards to public involvement in government
explaining that those who would could not get back into Gilroy until late chose not to
attend as they would have missed much of the meeting.
Robert Sigala explained that many times the public didn't receive information other than
from the local paper. He spoke on a personal matter with eminent domain of his
property, explaining that he had put himself on all city mailing lists and still did not
receive notices of all meetings. He explained that a 7:00 p.m. start time would allow
those like him to make if back into Gilroy to attend Council Meetings after work.
Public comment was closed.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
The Council agreed to agendize the meeting start time discussion at the February 25,
2013 meeting.
IV. REPORTS OF COUNCIL MEMBERS
There were none.
VI. CONSENT CALENDAR
A. Claim of Juan Sanchez
B. Payment to Gilroy Unified School District for Aquatics Center
C. Opening of Recruitment Period for 2 Seats on the Public Art Committee
Motion on the Consent Calendar
Motion: to approve consent calendar Items A, B, C
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
A. Zoning Ordinance Text Amendment to Section 44 "Street Furniture Objects" of
the Gilroy Zoning Ordinance to Modify Requirements Related to the Placement
of Street Furniture Objects in the Public Right of Way
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There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Ordinance 2013 -01 of the City Council of the City of Gilroy
Amending Gilroy Zoning Ordinance Section 44 to Modify Regulations Related to
Street Furniture Objects
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
B. An Ordinance of the City Council of the City of Gilroy Amending:
(1) the Text of the Downtown Gilroy Specific Plan to Establish a Minimum
Density of 20 Units Per Acre for the Residential Portion of Mixed Use Projects
in the Historic, Cannery and Expansion Districts; and
(2) the Text of the Gilroy Zoning Ordinance to Establish a Minimum Density of
20 Units Per Acre in the R -4 High Density Residential Zoning District and for
the Residential Portion of Mixed Use Projects in the Historic, Cannery and
Expansion Districts
Mayor Pro Tempore Woodward recused himself from deliberations on the item
explaining that he owned property in the Cannery and Expansion Districts.
There were no public comments.
Motion on Item IX.B.
Motion: to Adopt Ordinance 2013 -02 of the City Council of the City of Gilroy
Amending:
(1) the Text of the Downtown Gilroy Specific Plan to Establish a Minimum Density
of 20 Units Per Acre for the Residential Portion of Mixed Use Projects in the
Historic, Cannery and Expansion Districts;
(2) the Text of the Gilroy Zoning Ordinance to Establish a Minimum Density of 20
Units Per Acre in the R -4 High Density Residential Zoning District and for the
Residential Portion of Mixed Use Projects in the Historic, Cannery and Expansion
Districts
Moved by Council Member 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 Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker;
Council Member Terri Aulman
Abstain: Mayor Pro Tempore Perry Woodward
C. An Ordinance of the City Council of the City of Gilroy Amending the Gilroy
Zoning Map to Rezone as Many as 12 Parcels R -4 High Density Residential and
Include the Following Assessor's Parcel Numbers: 808 -01 -016, 808 -01 -021,
808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36 -002, 790 -14 -025, 790 -14-
075, 790 -14 -091, 790 -15 -036, and 790 -15 -041
There were no public comments.
Council Member Aulman recused herself from deliberations on the item explaining that
she owned property within 500 feet of one of the subject properties.
Motion on Item IX.C.
Motion: to Adopt Ordinance 2013 -03 of the City Council of the City of Gilroy
Amending the Gilroy Zoning Map to Rezone as Many as 12 Parcels R -4 High
Density Residential and Include the Following Assessor's Parcel Numbers: 808-
01 -016, 808 -01 -021, 808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36 -002,
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790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 6- 0 -0 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker;
Mayor Pro Tempore Perry Woodward
Abstain: Council Member Terri Aulman
D. Appointment of One Member to the Bicycle Pedestrian Commission with a
Term Expiration of 12131/2016
There were no public comments.
Motion on Item IX.D.
Motion: to Appoint Thomas Muniz to the Bicycle Pedestrian Commission with a
Term Expiration of 12/3112016
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Peter Arellano M.D.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
E. Appointment of One Member to the Youth Commission with a Term Expiration
of 9/30/2014
There were no public comments.
Motion on Item IX.E.
Motion: to Appoint Alondra Navarro to the Youth Commission with a Term
Expiration of 9/30/2014
Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe
Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker;
Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
X. INTRODUCTION OF NEW BUSINESS
A. Report on South County Youth Task Force
The report was presented by Captain Svardal and Albert Balagso.
There were no public comments.
B. Report on California Pension Reform
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
XI. CITY ADMINISTRATOR'S REPORTS
There was no report.
XII. CITY ATTORNEY'S REPORTS
Acting City Attorney Faber explained that the City Attorney was recuperating well.
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XIII. CLOSED SESSION
A. TRAINING ON THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957; Gilroy City Code Section 17A.11 (a)
Consultation with: Denise Turner and Kurt Ashley of the Gilroy Police Department
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section
17A.1 1(c) (1):
Name of Case: Edward Bozzo, Phillip King v. City of Gilroy
Court: United States District Court, Northern District
Case No. 5:12 -cv- 02542 -HRL
Date Case Filed: June 1, 2012
Acting City Attorney Faber explained that the Council was adjourning into closed
session on the existing litigation as discussions in open session would unavoidably
prejudice the city's position.
Motion on Closed Session Item XIII.B.
Motion: to Assert the Attorney Client Privilege on Item XIII.B and Adjourn to
Closed Session
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
The Council adjourned to closed session at 7:41 p.m.
Motion to continue in closed session
The Council voted to remain in closed session on Item XIII.A by the following
vote:
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward
City Clerk
City Council Meeting Minutes
2/4/2013