Minutes 2013/03/18I
CitV of Gilroy
City Council Meeting Minutes
March 18, 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 Aulman.
The Invocation was given by Pastor Mark Turner of South Valley Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on March 13,
2013 at 2:30 p.m.
Roll Call
Present: 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/Excused: Council Member Peter Arellano M.D.
B. Orders of the Day
There were no agenda changes
C. Introductions
Chief Turner introduced new Police Department Officers Mike McMahon and Daryl
Snyder.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a Proclamation recognizing the Gilroy Brown's Scholastic
Honorees
Mayor Gage presented a Proclamation celebrating Shen Yun Performing Arts 2013
World Tour.
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
Giafranco Filice of the Gilroy Youth Commission invited the public and the City Council
to the annual Senior Ball.
IV. REPORTS OF COUNCIL MEMBER'S
Council Member Aulman spoke on discussions at her recent VTA Advisory Committee
meeting, explaining that staff had previously been asked to analyze a potential link
between the OGAB programs and HCP and no link was found between the two.
Mayor Pro Tempore Woodward explained that the Cal Train Board had approved a
MOU with the High Speed Rail to electrify the Cal Train corridor from San Francisco to
Tamian, and it was expected that High Speed Rail would approve the MOU at their next
meeting. He explained that 27,000 railroad ties were in the process of being replaced in
the South County areas, and went on to state that VTA was sending out a flyer for an
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open house on March 23rd at the Gilroy train station to encourage the public to take the
bus.
Mayor Gage reported that the EDC was working with 5 major new companies interested
in bringing their business to Gilroy and was holding their Board retreat on April 16th. He
stated that the HCP was meeting on March 21st and went on to share a future meeting
he would be holding with local auto dealers on the 2nd of April. He explained that the
Welcome Center was continuing to increase their number of visitors, and then stated
that the Downtown Business Association was looking for a full time staff person. He
went on to explain that the HCP was working with the local partners on issues raised by
the City of San Jose and anticipated the plan would be implemented in September. He
explained that the city was considering a distribution center at McCarthy Park, spoke on
the RDO allocation ordinance that had recently passed which sought to encourage
building in the short term and concluded by sharing the recent city approval of a site
plan for an office building at 4th and Monterey streets.
Council Member Peter Arellano M.D joined the meeting at 6:22 p.m
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Minutes of February 25, 2013 Regular Meeting
B. Minutes of March 4, 2013 Regular Meeting
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A and B
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
VII. BIDS AND PROPOSALS
There were none.
Vlll. PUBLIC HEARINGS
A. Public Hearing to Establish a List of Properties Subject to the Weed
Abatement Program and Adoption of a Resolution Ordering the Fire Chief to
Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating
Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy
Code
The staff report was presented by Fire Marshal Bretschneider.
The public hearing was opened; there being no comments, the hearing was closed.
Motion on Item VIII.A.
Motion: to Adopt a Resolution 2013 -07 of the City Council of the City of Gilroy
Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and
Refuse Accumulating Upon Property in the City of Gilroy, Pursuant to Section
12.51 of the Gilroy City Code
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
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3/18/2013
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. Elm Tree Replacement Selection
The staff report was presented by Operations Division Manager Stubchaer.
Public comment was opened.
Connie Rogers spoke on the planting of the Elm Trees by Henry Miller in the 1800's,
suggesting that the replacement trees should be Elm Trees.
Public comment was then closed.
Motion on Item IX.A.
Motion: to Approve the Chinese Pistache as the Replacement Trees on 5th Street,
the Accolade Elm as the Replacement Tree on Miller and 6th Streets, and
additional discussion to take place on the replacement trees for Eschenburg
Drive.
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 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. An Urgency Interim Ordinance of the City Council of the City of Gilroy
Establishing a Temporary Moratorium on the Establishment, Expansion, or
Relocation of Payday Lending and Check Cashing Businesses Within the City
of Gilroy, and Declaring the Urgency Thereof, to Take Effect Immediately
The staff report was presented by Community Development Director Abrams.
Public comment was opened.
Vanessa Lugo of Advance America spoke in support of the business of short term loans
explaining that her business provided the services to those who needed a loan and
could not get it elsewhere.
Sophia Garcia, state director of government affairs of Advance America, explained that
payday loans weren't right for everyone, but the vast majority of customers who used
the service did so responsibly. She asked the Council to reconsider the urgency
ordinance explaining that banning the loans would not limit the need for short term
credit.
Carlos Flores explained that he had many family members who were low income who
had used the service and had put themselves in a bad place by over - extending
themselves with the 400% interest loans, and fell into a cycle of borrowing from other
pay day lenders to pay off others. He explained that the issue was a huge problem,
asking the Council to look into a way to solve the problem with education on
alternatives.
Reymundo Armendariz spoke in support of the ordinance explaining that he worked with
emigrant and other low income families who fell into the trap of continuously borrowing
from the pay day lenders regularly asking that Council look into education for the
problem of continuous high interest loans.
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David Cox of St. Joseph Family center explained that 25% of the families the center
assisted utilized the payday loan services, explaining that the cycle was difficult to get
out of and an average person who utilized the service took out 10 loans. He then spoke
on finding other, more judicious ways to assist families with their financial needs.
Jan Berstein Chargin, Chair of the Gilroy Compassion Center, thanked the City for
addressing the issue. She went on to share the continuing problems with the pay day
loans, and suggested educating people by exploring the options.
Erin O'Brien of Community Solutions explained that the pay day lending programs
focused on the most vulnerable people, sharing the variety of other loans available
throughout other lending institutions and asked the Council to support the ordinance.
Connie Rogers explained that she had worked with people who saw no other way out
but to borrow from pay day lenders, stating that there were other possibilities to support
people in financial need. She spoke in support of the moratorium and asked that more
research go into finding better options for short term loans. She spoke on the material
provided by the law foundation and concluded by asking the Council to consider
reducing the number of payday loan businesses and educating the public.
There were no further public comments.
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
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
Second Motion on Item X.A.
Motion: to Adopt Urgency Interim Ordinance 2013 -06 of the City Council of the
City of Gilroy Establishing a Temporary Moratorium on the Establishment,
Expansion, or Relocation of Payday Lending and Check Cashing Businesses
Within the City of Gilroy and Declaring the Urgency Thereof, to Take Effect
Immediately
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano MD; 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
Third Motion on Item X.A.
Motion: to Direct Staff to Prepare an Ordinance Amending the City Zoning Code
to Limit or Prohibit the Operation of Payday Lending and Check Cashing
Businesses with the City
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. League of California Cities Bylaw Amendments
The staff report was presented by City Administrator Haglund.
There were no public comments.
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Motion on Item X.B.
Motion: to Support of the League of California Cities Bylaw Amendment to Article
VI, Section 2, and New Article VII, Section 16 Titled "Positions on Statewide Ballot
Measures"
Moved by Council Member Cat Tucker, 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
u
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on the upcoming budget study session dates on April
24th and 25th, explaining that the full budget would be returned to the Council in May.
XII. CITY ATTORNEY'S REPORTS
Acting City Attorney Faber explained that the City Attorney was expected to return to
work in the near future and was doing well.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section
17A.11(c) (1):
Name of Case: CW Design & Development, Inc. v. City of Gilroy, et al
Court: Superior Court of California, County of Santa Clara
Case No. 113CV241887
Date Case Filed: February 27, 2013
Acting City Attorney Faber advised the Council that they were being asked to adjourn to
closed session on the item as discussions in open session could prejudice the position
of the City in the case.
Motion on 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
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 7:25
City Council Meeting Minutes
3/18/2013