Minutes 2013/07/15City of Gilroy
City Council Meeting Minutes
July 15, 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 Bracco.
The Invocation was given by Justin Richter of the Calvary Chapel.
City Clerk Shawna Freels announced that the agenda had been posted on July 10,
2013 at 11:15 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; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
B. Orders of the Day
There were no agenda changes.
C. Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
I. Presentation of Proclamations from the City Council, Santa Clara County
Supervisor Mike Wasserman, State Assembly Member Luis Alejo and Federal
Congress Member's Zoe Lofgren and Sam Farr Recognizing the City's 25th
Sister City Anniversary with Takko Machi, Japan
Proclamations were presented to Sister Cities Association President Hugh Smith.
A. INTERVIEWS
A. Interviews for Seats on the General Plan Advisory Committee
The Council interviewed candidates for the General Plan Advisory Committee.
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. Presentation by Tim Gavin Regarding Traffic Issues on Welburn Avenue
Tim Gavin gave the presentation to Council.
C. Parks and Recreation Commission Annual Presentation to Council
The presentation was given by Commission Chair Terrie Berry.
City Council Meeting Minutes
7/15/13
z
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco shared the Gilroy Compassion Center's a -waste event.
Council Member Arellano spoke on the successful downtown car show event.
Mayor Pro Tempore Woodward reported that both the VTA and Caltrain Boards were
dark in July.
MAYOR'S REPORT
Mayor Gage stated that there was no EDC meeting and that sister cities planning for the
Garlic Festival visitors, and then spoke on the Sheriffs office handling the Cal Access
program and concluded by stating that the SCRWA meeting had been cancelled and
the URM Task Force was meeting the following day.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pro Tempore Woodward asked to re -visit the claim of United Methodist Church
from the April consent calendar.
The Council agreed to agendize the item at the next meeting.
VI. CONSENT CALENDAR
A. Minutes of the July 1, 2013 Regular Meeting
B. Budget Amendment in the Amount of $26,175.00 for Heating, Ventilation and
Air Conditioning Repairs
Motion on the Consent Calendar
Motion: to approve items A and B w
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
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Amending the Zoning Ordinance and Adding it as a New Chapter 30 to the
Gilroy City Code Entitled "Zoning" and Repealing Sections 1 Through 54 and
Ordinance No. 85 -15 "Gilroy Zoning Ordinance" in Their Entirety
The staff report was presented by Planner II Durkin.
The public hearing was opened.
James Suner spoke on behalf of the Board of the Downtown Business Association,
sharing the Boards suggested changes to the ordinance sections for on -site parking in
the downtown and spoke on establishing a parking assessment district.
The public hearing was then closed.
City Council Meeting Minutes
7/15/13
Motion on Item VIII.A.
Motion: to read the ordinance by title only with the exception of proposed
amendments to Section 31.
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member
Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry
Woodward; Council Member Terri Aulman
No: Council Member Dion Bracco
City Clerk Freels read the ordinance by title.
Second Motion on Item VIII.A.
Motion: to introduce an Ordinance of the City Council of the City of Gilroy
Amending the Zoning Ordinance and Adding it as a New Chapter 30 to the Gilroy
City Code Entitled "Zoning" and Repealing Sections 1 Through 54 and Ordinance
No. 85 -15 "Gilroy Zoning Ordinance" in their Entirety, with the Exception of
Section 31, to continue un- amended and remain in full force and effect
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member
Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry
Woodward; Council Member Terri Aulman
No: Council Member Dion Bracco
B. Public Hearing to Consider the Report of Abatement of Weeds and Refuse
Within the City of Gilroy and Confirming Imposition of Assessment Liens
Against the Land
The staff report was presented by Fire Marshal Bretschneider.
The public hearing was opened, there being no public comments the hearing was then
closed.
Motion on Item VIII.B.
Motion: to Adopt Resolution 2013 -32 of the City Council of the City of Gilroy
Confirming the Report of the Chief of the Fire Department Setting Forth the
Description of the Property, Naming the Owner's Thereof, and Confirming the
Costs of Abating the Nuisance Caused by the Growing of Weeds and
Accumulation of Refuse on the Property, and Providing that Such Costs Shall
Constitute Assessments Against the Land
Moved by Council Member Cat Tucker, seconded by Council Member Terri
Aulman.
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
C. Public Hearing to Consider the Imposition of Real Property Liens for the Non -
Payment of Administrative Citation Penalties, Late Payment Penalties, and the
Costs of Collection
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
Carl Salinas stated that he was confused about the penalties for his property explaining
that his first notice was received in February and he had continued to communicate with
the Code Enforcement office to correct the issues he had been cited for.
City Council Meeting Minutes
7/15/13
I.I
A speaker spoke on the placement of the containers and buses on the property, sharing
information about the recycling business and problems working with the City.
Gary Walton spoke on the fees being assessed for URM building blight violations
stating that he didn't believe it was fair. He continued by stating that there was a better
way to address the issue as other cities had achieved 100% URM compliance.
Jose Montes spoke on his downtown property asking that his property not be liened as
it would further financially impact him and slow the repair of his building. He spoke on
the effects of the economic downturn and new direction to retrofit his building.
Amit Patel spoke on the purchase of his property sharing the permitting process and the
economic downturn and inability to receive a loan to repair his building. He went on to
explain that he had a common wall issue which impacted his plan to move forward to
demolish the building.
Sammy Wu spoke on his recent agreement with the city on the repairs of his URM
building and need to work with the neighboring property owner on the common wall
repair. He then spoke on the vacant building citation from a previous property owner
explaining that he agreed to assume penalties, but he had not been fully informed of it.
Tom Fischer spoke in favor of placing liens on the un- reinforced masonry buildings
stating that the property owners had delayed payment and repair of their buildings. He
spoke on the tragedy in the City of Paso Robles due to not enforcing the URM
ordinance stating that the buildings were not sacred, and explaining that the old and
new buildings in Paso Robles had caused for a more vibrant downtown.
Carol De Santis stated that the historic creamery building that was being demolished
was on the national and state historic register and would require an additional hearing
process.
The public hearing was then closed.
Motion on Item VIII.C.
Motion: to Adopt a Resolution 2013 -33 of the City Council of the City of Gilroy
Regarding the Imposition of Liens for Delinquent Administrative Citation
Penalties and the Costs of Collection for Certain Properties Within the City
following the staff recommendations.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 4 -3.
Yes: Mayor Don Gage; Council Member Peter Leroe- Munoz; Mayor Pro Tempore
Perry Woodward; Council Member Terri Aulman
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Cat Tucker
The Mayor announced the need to address closed session prior to the rest of the
agenda items.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One (1) Case
Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section
17A.11(c) (1):
Name of Case: Glen Loma Corporation, Arcadia Development Corporation, Ronan
Avenue Investors, LLC v. City of Gilroy, et al.
Court: Superior Court of California, County of Santa Clara
Case No. 112CV226294
Date Case Filed: June 11, 2012
City Council Meeting Minutes
7/15/13
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Subdivision (c) of Government Code
Section 54956.9 (d) (2) and Gilroy City Code Section 17A.11 (3) (b)
One (1) Case as Defendant
There were no public comments.
Acting City Attorney Faber explained that discussion of the litigation items in open
session would prejudice the city's position in the cases.
Motion to Adjourn to Closed Session
Motion: to Assert the Attorney Client Privilege and Adjourn to Closed Session
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member
Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Council Member Terri
Aulman
Absent: Council Member Dion Bracco; Council Member Cat Tucker
The Council adjourned to closed session at 10:15 p.m.
The Council adjourned to open session at 11:05 p.m.
There was no reportable action from the closed session.
City Administrator Haglund spoke on continuing the following three items to the August
5, 2013 Council Meeting
The Council discussed continuing the items to a subsequent meeting.
Motion to Continue the remaining items
Motion: to continue the remaining items.
Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore
Perry Woodward.
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
IX. UNFINISHED BUSINESS
A. Historic Building Design Guidelines
B. Report on Landscaping at Rancho Meadows IV - Tract 10076
X. INTRODUCTION OF NEW BUSINESS
A. Citywide Traffic Survey to Establish Speed Limits Within the City
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund announced that the city had received a $250,000. grant for
the Ronan Channel area.
XI1. CITY ATTORNEY'S REPORTS
There was no report.
City Council Meeting Minutes
7/15/13
T
The meeting adjourned at 11:25 p.m.
J
i
WNA FRE , MM
City Clerk
City Council Meeting Minutes
7/15/13