Minutes 2013/02/25City of Gilroy
City Council Meeting Minutes
February 25, 2013
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 Aulman.
The Invocation was given by Frank Azad of the Bahai Faith Community.
City Clerk Shawna Freels announced that the agenda had been posted on February 20,
2013 at 3:00 p.m.
Roll Call
Present: 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;
Absent/Excused: Council Member Peter Arellano M.D.
B. Orders of the Day
There were no agenda changes.
C. Introductions
There were no introductions of employees.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were none.
Ill. 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 on items not on the agenda.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco thanked Mayor Gage for attending the Gilroy Gardens retreat. He
then went on to thank the Gilroy Police Department for their level of professionalism at a
recent incident, sharing the kindness shown to the individual involved.
Council Member Tucker explained that none of her groups had met since the last Council
Meeting.
Council Member Aulman reported on the recent VTA Policy Advisory Committee Board
meeting explaining that there were discussions of a linkage between the One Bay Area
Grant and the Habitat Conservation Plan. She then spoke on the Santa Clara County
Emergency Preparedness Council meeting explaining that a new emergency managers
association was being formed, and she was concerned that south county cities may not be
represented in the same way.
Council Member Leroe -Munoz gave praises to the local play "cemetery club" running at the
temporary center for the arts.
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Mayor Gage reported that he had attended the Economic Development Corporation
meeting and their retreat date had not yet been selected. He then spoke on the recent
retreat of the Downtown Business Association that he had attended, sharing the
development of their goals for the year. He spoke on the recent SCRWA meeting and the
need for a replacement generator at the plant, and announced that a new Project Manager,
Tom Vincent had recently been hired. He then went on to explain that the Gilroy Gardens
retreat had taken place, sharing the areas of focus for the coming year and concluded by
stating that Cal RAN ID, Habitat Plan, and the URM task force had not met. op"°
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were no items presented.
VI. CONSENT CALENDAR
A. Minutes of January 28, 2013 Regular Meeting
B. Minutes of February 4, 2013 Regular Meeting
C. Notice of Acceptance of Completion for Uvas Creek Trail Extension Project;
Project No. 13 -PW -198
D. Budget Amendment in the Amount of $60,000. 00 for Office of Transportation
Services Traffic Enforcement Program Grant
E. Opening of Recruitment Period to Fill One Vacant Seat on the Arts and Culture
Commission
F. Claim of Deborah Griffith (the City Administrator Recommends a "yes" vote under the om
Consent Calendar shall constitute the denial of the claim)
G. Claim of Vincent Kinney (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
H. Claim of Lupe Luna (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
I. Claim of Rafael Martinez (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
Motion on Consent Calendar
Motion: to approve Consent Calendar Items A, B, C, C, D, E, F, G, H, I with the stated
amendment to Item B adding "and the majority"
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion
Bracco.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
VII. BIDS AND PROPOSALS
A. Selection of Consultants for On -Call and Expedited Plan Check and On -Call
Inspection Services
The staff report was presented by Building Plan Check Engineer Chung
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Motion on Item VII.A.
Motion: to Award On -Call and Expedited Plan Check and On -Call Inspection
Agreements to: 4LEAF, Inc., CSG Consultants, Inc., and West Coast Consultants,
Inc. (WC3)
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
VIII. PUBLIC HEARINGS
A. Continuance of a Public Hearing for an Amendment to Gilroy Zoning Ordinance
Section 50.62 to Create an Interim Exemption to the Residential Development
Ordinance (RDO)
The staff report was presented by Planner II Durkin.
Public Hearing was opened.
Robert Frisone spoke in support of the ordinance amendment explaining that he owned
a property that was zoned R4 and would benefit from the change as his property would
become developable.
Bill Scheid stated that the RDO was a great idea as a forecast mechanism and
explained that the extension of RDO's for new development needed to be controlled. He
spoke on requiring a quarterly summary report of the allocations out to tie them all
together. He then asked if a community meeting and public hearing was required for
entitlement applications.
Connie Rogers spoke on the RDO explaining that it was a useful tool in controlling
development and was critical for proper planning. She explained she wasn't in support of
exemptions to the RDO explaining that residential development cost the city more as more
services would be needed.
Don Imwalle spoke on his current project explaining that he had worked to design a
development of R4 properties following the change to the zoning the city had recently
done, and without a sunset for properties that participated in a RDO process, he would be
left with nothing and wouldn't be able to develop.
John Razumich spoke on the parcel he had been working on with Don Imwalle stating
that it had recently been changed to a R4 zoning and would have an application in by
the end of the year. He spoke on the plan of 220 units on the site with multiple sized
homes, and explained that the RDO change would cause their project to be stalled, asking
that the 27 acres be separated from the rest of the RDO changes.
Carolyn Tognetti stated that the R4 needed attention and it was a need in the
community. She then stated that those holding RDO's did not need the exemption nor
did those who had just had their properties rezoned. She concluded by explaining that
Glen Loma and Hecker Pass would need their development metered in some way.
The public hearing was then closed.
Motion on Item VIII.A.
Motion: to Read the Ordinance by Title Only and Waive Further
Reading
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
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Yes: 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
Absent: Council Member Peter Arellano M.D.
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 Amending
the Residential Development Ordinance (`RDO ") by Amending Gilroy Zoning
Ordinance Section 50.62 (b) to Add New Sections (11) and (12) Creating RDO
Exemptions for Projects Making an Application Between April 3, 2013 and April 3,
2014, eliminating section 11 a and inserting a quarterly update to council on RDO's
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
IX. UNFINISHED BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending
Gilroy City Code Chapter 16 Entitled "Offenses- Miscellaneous" by Amending
Section 16.6 -1 Pertaining to Cardrooms
The staff report was presented by Police Captain Svardal.
There were no public comments.
Motion on Item IX.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
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
Gilroy City Code Chapter 16 Entitled "Offenses- Miscellaneous" by Amending
Section 16.6 -1 Pertaining to Cardrooms
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
X. INTRODUCTION OF NEW BUSINESS
A. Consideration of Revisions to Section 2.13(A) of the Gilroy City Code Revising the
Start Time of Regular Meetings
The staff report was presented by City Administrator Haglund.
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Public comment was opened.
Janet Espersen spoke on the recent petition provided to the Council that she had
circulated, which affirmed the need to change the start time to 7:00 p.m. She spoke on the
providing the public the opportunity to make the meetings to give more residents the
chance to participate.
Tom Espersen spoke on the need to change the meeting start time explaining that most
other cities in the county started later in the evening, and then spoke on the importance of
including public participation to help facilitate governmental decisions.
Carolyn Tognetti spoke on her preference of a 7:00 p.m. start time, stating that it was more
beneficial as more of the public could participate.
Bill Scheid stated that a later start time would allow many of the people working in silicon
valley jobs the ability to return to Gilroy for the meetings.
Connie Rogers spoke in support of the 7:00 p.m. start time explaining that more public
participation would be achieved, and there would be more public buy -in on the decisions
made by the Council.
Public comment was then closed.
Motion on Item X.A.
Motion: to take no action.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion
Bracco.
Vote: Motion carried 4 -2 -1.
Yes: Council Member Dion Bracco; Mayor Don Gage; Mayor Pro Tempore Perry
Woodward; Council Member Terri Aulman
No: Council Member Peter Leroe- Munoz; Council Member Cat Tucker
Absent: Council Member Peter Arellano M.D.
B. Report on Sixth Street Trail Concrete Barrier and Other Improvements Along the
Sixth Street Corridor
The staff report was presented by Traffic Engineer Servin.
There were no public comments.
Motion on Item X.B.
Motion: to follow staff's recommendation, with the exception of the cutting of the
wall, and recommend staff look into lights.
Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6 -0 -1.
Yes: 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
Absent: Council Member Peter Arellano M.D.
C. Second Quarter Budget Review
The staff report was presented by Finance Director Turner.
There were no public comments.
XI. CITY ADMINISTRATOR'S REPORTS
There were none.
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XII. CITY ATTORNEY'S REPORTS
Acting City Attorney Faber explained that the City Attorney was recuperating well and sent
her regards.
The Council adjourned the meeting at 8:20 p.m.
/SHAWNA FRULS, MMC
City Clerk
City Council Meeting Minutes
2/25/2013