Minutes 2014/01/27City of Gilroy
City Council Meeting Minutes
January 27, 2014
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 Aulman.
The Invocation was given by Frank Azad of the Bahai Faith Community.
City Clerk Shawna Freels stated that the agenda had.been posted 1/22/14 at 10:15 a.m.
Roll Call
Present: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
B. Orders of the Day
There were no agenda changes.
C. Introductions
Community Development Director Abrams introduced newly hired Permit Technician
Anh Tran.
C. Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Certificates of Recognition for Recipients of the 2013 Chamber of Commerce
Annual Spice of Life Awards (to be presented at the Chamber Dinner February 8 th)
III. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT JURISDICTION OF THE CITY COUNCIL
There were no public comments on items not on the agenda.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker announced that she had been reappointed as Chair of the
Santa Clara Valley Habitat Plan Agency and would also be serving as the Chair on the
Citizens Advisory Board of Caltrain.
Council Member Leroe -Munoz spoke on the Santa Clara Valley Water Commission
meeting discussions regarding water conservation efforts and draught conditions in the
state, explaining that the county was in a good position because of geography and
previous conservation efforts.
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Council Member Aulman spoke on the Gilroy Gardens Board retreat and positive results
with regards to attendance and income, and planned water play area and partnerships
with the City Recreation programs and goals for the following year. She concluded by
sharing the YMCA programs for seniors, afterschool students and summer camps.
Mayor Pro Tempore Woodward announced that a new VTA General Manager had been
hired.
MAYOR'S REPORT
Mayor Gage announced that the new chair of the Sister Cities Association was Greg
Bozzo, and shared plans for visitor tours and fundraising events. He went on to explain
that the URM Task Force was continuing to have success and explained that the
Downtown Business Association was working with the Chamber Board and EDC on
fundraising events and a Main Street Program. He announced that Debbie Sanchez had
been elected as the new Chamber President, and shared discussions from a recent
Chamber retreat and Government and Relations Committee meeting.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Minutes of the January 6, 2014 Regular Meeting
B. A Resolution 2014 -06 of the City Council of the City of Gilroy Declaring Certain
Weeds Growing in the City to be a Public Nuisance, Describing Weeds Which
Constitute Such a Nuisance, and Providing Notice of the Adoption of the
Resolution by Publication Thereof
C. Appointment of a Member to the Arts and Culture Commission with a Term
Expiration of 12/31/2017 and Appointment of a Member to the Housing
Advisory Committee with a Term Expiration of 12/31/2015
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A, B, C
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
VII. BIDS AND PROPOSALS
A. National Pollutant Discharge Elimination System (NPDES) Compliance
Monitoring Permit Consultant Contract Award
The item was presented by Public Works Director Smelser.
There were no public comments.
Motion on Item VII.A.
Motion: Approve Award Bid•in the Amount Not to Exceed $200,000.00 to
AMEC Environmental and Infrastructure, Inc.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
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Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
VIII. PUBLIC HEARINGS
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending
Gilroy City Code Chapter 30, Section 2.20 Entitled "Definitions" to Add
Definitions of 'Bank and "Office" to Prohibit the Establishment, Expansion or
Relocation of Payday Lending and Check Cashing Businesses Within the City
of Gilroy
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Ordinance No. 2014 -01 of the City Council of the City of Gilroy
Amending Gilroy City Code Chapter 30, Section 2.20 Entitled "Definitions" to Add
Definitions of 'Bank and "Office" to Prohibit the Establishment, Expansion or
Relocation of Payday Lending and Check Cashing Businesses Within the City of
Gilroy
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 Terri
Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz;
Council Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry
Woodward
B. Introduction of an Ordinance of the City Council of the City of Gilroy
Approving Application Z 13 -01 For a Change in Zoning Designation from Al
(Agriculture) to 111 -PUD (Single - Family Residential, Planned Unit
Development) on Approximately 5.3 Acres Located at the Terminus of Babbs
Creek Drive, West of Starling Drive, APN 808 -20 -001; The James Group
Applicant
There were no public comments.
Motion on Item IX.B.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
Second Motion on Item IX.B.
Motion: to Introduce an Ordinance of the City Council of the City of Approving
Application Z 13 -01 For a Change in Zoning Designation from Al (Agriculture) to
R1 -PUD (Single - Family Residential, Planned Unit Development) on Approximately
5.3 Acres Located at the Terminus of Babbs Creek Drive, West of Starling Drive,
APN 808 -20 -001; The James Group Applicant
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
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C. Adoption of a Resolution of the City Council of the City of Gilroy Approving
TM 13 -04 a Tentative Map for a Residential Subdivision Creating 55 Single -
Family Residential Lots, One 1.5 Acre Lot for a Detention Basin, and One .5
Acre Lot for a Drainage Swale for a Property Located South of Day Road and
West of Cougar Court, APN 783 -16 -026, Glen Loma Group Corporation
Applicant
There were no public comments.
Motion on Item IX.C.
Motion: to Adopt Resolution 2014 -07 of the City Council of the City of Gilroy
Approving TM 13 -04 a Tentative Map for a Residential Subdivision Creating 55
Single - Family Residential Lots, One 1.5 Acre Lot for a Detention Basin, and One
.5 Acre Lot for a Drainage Swale for a Property Located South of Day Road and
West of Cougar Court, APN 783 -16 -026, Glen Loma Group Corporation Applicant
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 Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
A. Presentation of Fiscal Year 2012/2013 Audited Financial Statements
The staff report was presented by Finance Director Turner.
There were no public comments
Motion on Item X.A.
Motion: to Accept the Fiscal Year 201212013 Audited Financial Statements
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 Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro
Tempore Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
B. Mitigated Negative Declaration and Mitigation Monitoring Program for the City
of Gilroy Joint Trunk Sewer Replacement Project
The staff report was presented by Operations Manager Stubchaer.
There were no public comments
Motion on Item X.B.
Motion: to Adopt the Mitigated Negative Declaration with Mitigation Monitoring
Program Finding That on the Basis of the Full Record There is no Substantial
Evidence That the Project Will Have a Significant Effect on the Environment, and
That the Mitigated Negative Declaration Reflects the Independent Judgment and
Analysis of the City
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
C. Purchase and Sale Agreement for the Transfer of the Uvas Debell Park
Preserve Properties from Santa Clara County
City Council Meeting Minutes
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There were no public comments.
The staff report was presented by Operations Manager Stubchaer.
Motion on Item X.C.
Motion: Approve Motion to Approve the Purchase and Sale Agreement for the
Transfer of the Uvas Debell Park Preserve Properties from Santa Clara County to
the City of Gilroy
Moved by Council Member Terri Aulman, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
D. Report on General Plan and Long -Range Planning Fee Surcharges
The staff report was presented by Building Division Manager Butler.
Public comment was opened.
Gary Walton stated that the downtown area should be omitted from the fees, explaining
that the expenses were being pushed off to future residents who had no voice in the
general plan process. He then stated that the city had some of the highest fees in the
state and the city was pricing itself out of development, explaining that other
communities were lowering their fees to remain competitive.
Public comment was then closed.
Motion on Item X.D.
Motion: to Direct Staff to Prepare a Resolution Amending the City Fee Schedule
to Include General Plan Update and Maintenance, and Long -range Planning
Surcharges for Specified Planning, Building and Public Works Engineering
Permits, and prepare information for further discussion regarding the downtown
being included or not
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 Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
E. Community Development Block Grant (CDBG) Work Plan for the Development
of the Year Five Action Plan of the 2010 -2015 Consolidated Plan
The staff report was presented by Community Development Director Abrams
Public comment was opened.
Gary Walton was called to speak sharing his thoughts on the HUD requirements for
CDBG funds such as rehabilitation of private and public renovations, historic
preservation and economic development activities. He then stated that using the funds
in a different way might be a better direction to go in as it would make a bigger impact
on the members of the downtown community.
Public comment was then closed.
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Motion on Item X.E.
Motion: Approve Motion to Approve the Proposed Work Plan as a Precursor to
the Development of the Action Plan for Year Five of the 2010 -2015 Consolidated
PlanMoved by Council Member Peter Leroe- Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
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
Material Terms of Settlement: Settlement of Litigation in the Amount of $295,000.00
B. 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, Gilroy, California (APN 841 -04 -020)
Agency Negotiator: Thomas Haglund, City Administrator; Rick Smelser, Public Works
Director; Lee Butler, Development Center Manager
Other Party to Negotiations: Jose Montes
Under Negotiations: Price and Terms of Lease Payment
City Attorney Callon explained that the Council was entering into closed session on Item
XIII.A. because discussions in open session could potentially harm the city's position in
the case.
Motion to Adjourn to Closed Session
Motion: to Assert the Attorney Client Privilege on Item XIII. A. and adjourn to
Closed Session
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Council Member Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry
Woodward
The Council adjourned to closed session at 7:20 p.m.
Vote to remain in Closed Session on Item XIII.B.
The City Council unanimously agreed to remain in closed session for Item XIII.B.
by the following vote:
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward
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Closed Session Announcement on Item XIII.A.
The City Council unanimously agreed to the settlement by the following vote:
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Council Member Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry
Woodward
'f
SHAWNA FRE LS, M
City Clerk
City Council Meeting Minutes
1/27/2014