Minutes 2014/01/06City of Gilroy
City Council Meeting Minutes
January 6, 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 Mayor Pro Tempore Woodward.
The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on January 2,
2014 at 11:30 a.m.
Roll Call
Present: Council Member Peter Arellano, M.D.; Council Member Dion Bracco;
Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro
Tempore Perry Woodward; Mayor Don Gage;
Absent/Excused: Council Member Terri Aulman
B. Orders of the Day
There were no agenda changes.
C. Introductions
Human Resources Director McPhillips introduced newly hired HR Analysis Michael Horta
and Community Development Director Abrams introduced newly hired Planner Valerie
Negrete.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a proclamation naming January 26 through January 31, 2014 as
Catholic Schools Week
A. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES
• Arts & Culture Commission - 3 seats
• Bicycle Pedestrian Commission - 1 seat
• Building Board of Appeals - 1 seat
• Historic Heritage Committee- 2 seats
• Housing Advisory Committee- 4 seats
• Library Commission - 1 seat
• Open Government Commission - 2 seats
• Parks & Recreation Commission - 2 seats
• Personnel Commission - 2 seats
• Physically Challenged Board of Appeals - 2 seats
• Planning Commission - 2 seats
* Public Art Committee - 4 seats
• Youth Commission - 1 seat
The Council interviewed applicants.
III. PRESENTATIONS TO COUNCIL
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A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
A staff representative from Assembly Member Alejo's office shared upcoming CaISOAP
and College student aide events in the community.
IV. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Woodward announced that he had been appointed to serve as the
Vice Chair of VTA.
MAYOR'S REPORT
Mayor Gage spoke on the success of the URM Task Force explaining that the group had
worked on 3 buildings so far and was beginning to work on another.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Minutes of the December 2, 2013 Regular City Council Meeting ,
B. Minutes of the December 9, 2013 Special City Council Meeting
C. A Resolution 2014 -01 of the City Council of the City of Gilroy Approving RDO-
HE 13 -02, An Application for a Housing Exemption from the Residential
Development Ordinance for a Property Located West of Monterey Street, and
North and South of the Future Cohansy Avenue Extension, APN'S 790 -06 -029
and 030, The James Group Applicant
D. A Resolution 2014 -02 of the City Council of the City of Gilroy Approving TM 13-
06, a Tentative Map of the Harvest Park Phase II Residential Subdivision,
Creating 57 Single - Family Residential Lots, One Multi - Family Lot, One
Commercial Lot and 3 +1- Acres of Common Area, for a Property Located Within
the Harvest Park Development, West of Monterey Street and North and South of
Cohansey Avenue, APN'S 790 -06 -029 and 030, The James Group Applicant
E. A Resolution 2014 -03 of the City Council of the City of Gilroy Approving A/S-
PUD 13 -26, an Application for Architectural and Site Approval of the Harvest
Park Phase II Subdivision on Approximately 17 of Monterey Street and North
and South of Cohansey Avenue, APN's 790 -06 -029 and 030, The James Group
Applicant
F. Claim of Mercury Insurance (Tesia Dechutkowski) (the City Administrator
Recommends a "yes" vote under the Consent Calendar shall constitute the
denial of the claim)
G. Approval of Amendments to the 2014 Regular City Council Meeting Schedule
Motion on the Consent Calendar
Motion: to Approve Consent Calendar Items A, B, C, D, E, F and G
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter
Arellano.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
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VII. BIDS AND PROPOSALS
A. Selection of Hydroscience Engineers, Inc. and NV5, Inc. as Consultants for
Water and Storm Drain Engineering Design Services
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.A.
Motion: Approve Award of Design Contracts to Hydroscience Engineers, Inc.
and NV5, Inc. to Provide As Needed Water and Storm Drain Design Services,
Approval of Agreement with Hydroscience Engineers, Inc. not to Exceed
$195,000.00 for the First Street Water Main Replacement and Storm Drain Project,
and Approval of Agreement With NV5, Inc. not to Exceed $37,000.00 for the
Swanston Lane Water Main Replacement Project
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Arellano.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member
Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
VIII. PUBLIC HEARINGS
A. Appeal of the Planning Commissions Denial of a Variance Request from Gilroy
Code Section 37.58 (a) (2) to Allow for a Total of 359 Square Feet of Sign Area to
an Existing Freestanding, Freeway- Oriented Sign at a Property Located at 6980
Chestnut Street, South Valley Plaza (V13 -01)
An Architectural and Site Review for the Planned Unit Development of 23 Single -
Family Residential Homes (AS /PUD 13 -22)
The staff report was presented by Planner Bischoff.
The public hearing was opened.
Andrew Pattisson spoke on behalf of the applicant sharing the difficulty filling buildings
within the center and the importance of signage for retail sales.
Daniel Rugg was called to speak on behalf of coast signs who explained that Harbor
Freight was amenable to the 10 year sunset for the variance.
Harbor Freight Store Manager Corey Peterson spoke on the challenge without visible
signage from the south bound Highway 101 and need for the additional signage.
David Ford was called to speak on behalf of Coast Signs explained that the larger sign
would allow the business to compete.
The public hearing was closed.
Motion on Item VIII.A.
Motion: to Adopt a Resolution 2014 -04 of the City Council of the City of Gilroy
Granting an Appeal of the Planning Commission's Denial of Variance V 13 -01 and
Approving Said Variance to Allow Additional Sign Area on an Existing Freeway -
Oriented Sign, South Valley Plaza Shopping Center, APN 841 -66 -031 for 10 years
Moved by Council Member Peter Arellano, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 6 -0 -1.
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Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
B. A Zone Change from Al (Agriculture) to R2 -PUD (Two - Family. Residential,
Planned Unit Development) for a 5.31 -Acre Property Located at the Terminus of
Babbs Creek Drive, Generally Bounded by Santa Teresa Boulevard to the
South, Babbs Creek to the North, and Starling Drive to the East; APN 808 -20-
001; The James Group Applicant (Z 13 -01)
A Tentative Map Request to Create 23 Single- family Residential Lots, 0.37 Acre
of Private Open Space and 1.38 Acres for Expansion of the Existing Babbs
Creek Park Preserve (TM 13 -01)
An Architectural and Site Review for the Planned Unit Development of 23
Single - Family Residential Homes (AS /PUD 13 -22)
The staff report was presented by Senior Planner Ketchum.
The public hearing was opened.
Applicant James Suner shared the features of the project and spoke on the decreased
setbacks stating that he had complied with staffs recommendations but didn't
necessarily agree with them.
Dawn Pan was called to speak asking if the project itself had been approved. She then
spoke on issues with regards to traffic impacts, specifically impacts at Las Animas
School.
The public hearing was then closed.
Motion on Item VIII.B.
Motion: to Adopt a Mitigated Negative Declaration 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 Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
Failed Motion on Item VIII.B.
Motion: Approve Motion to Direct Staff to Prepare an Ordinance Approving Z 13 -01
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion failed 3 -3 -1.
Yes: Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor
Don Gage
No: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Cat
Tucker
Absent: Council Member Terri Aulman
Second Motion on Item VIII.B.
Motion: Approve Motion to Direct Staff to Prepare an Ordinance Approving Z 13 -01
Moved by Council Member Peter Arellano, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
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Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
Third Motion on Item VIII.B.
Motion: to Direct Staff to Prepare a Resolution Approving TM 13 -01
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
Failed Motion on Item VIII.B.
Motion: Approve Motion to Direct Staff to Prepare a Resolution Approving AS 13 -22 in
accordance with the planning commission recommendations
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter
Leroe - Munoz.
Vote: Motion failed 3 -3 -1.
Yes: Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor
Don Gage
No: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Cat
Tucker
Absent: Council Member Terri Aulman
Fourth Motion on Item VIII.B.
Motion: to Direct Staff to Prepare a Resolution Approving AS 13 -22 without the
Planning Commission recommendations for front yard setbacks
Moved by Council Member Peter Arellano, seconded by Council Member Cat
Tucker.
Vote: Motion carried 4 -2 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker
No: Mayor Pro Tempore Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
C. A Tentative Map Request to Subdivide Approximately 15 -Acres to Create 55
Single - Family Residential Lots and 2 -Acre Detention and Open Space Parcel
(1.2 Acres Recommended by Planning Commission) on a Property Located at
the Southwest Corner of Day Road and Cougar Court, APN 783 -16 -026; Glen
Loma Group Applicant (TM 13 -04)
The staff report was presented by Planner Rideout.
The public hearing was opened.
Adria Spano was called to speak sharing issues with water retention in the area and the
traffic issues onto Day Road West and the narrow right hand turn in the area.
The public hearing was then closed.
Motion on Item VIII.C.
Motion: to Adopt a Mitigated Negative Declaration 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
Peter Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
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Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
Second Motion on Item VIII.C.
Motion: Approve Motion to Direct Staff to Prepare a Resolution Approving TM 13-
04
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
IX. UNFINISHED BUSINESS
A. An Ordinance and a Resolution of the City Council of the City of Gilroy
Pertaining to Payday Lending and Check Cashing Businesses in the City of
Gilroy
A Resolution of the City Council of the City of Gilroy Pertaining to Payday
Lending and Check Cashing Business in the City of Gilroy
The staff report was presented by Planning Manager Martin.
The public comment period was opened.
Bob Sigala was called to speak sharing his support of the ordinance adoption.
James Zahradka was called to speak sharing the support of members of the audience
with regards to the ordinanc and sharing proposed state legislation.
David Cox was called to speak sharing his support of the City Council's perseverance
with regards to passing local and state legislation.
Public comment was then closed.
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
Peter
Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
City Clerk Freels read the ordinance title.
Second Motion on Item IX.A.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
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Third Motion on Item IX.A.
Motion: to Adopt a Resolution 2014 -05 of the City Council of the City of Gilroy
Requesting the California State Legislature Enact Restrictions on Payday Loans
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Arellano.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
B. Selection and Appointment of Members to City Boards, Commissions and
Committees with Terms Expiring September 30, 2014, December 31, 2014,
September 30, 2015, December 31, 2015, December 31, 2016, December 31,
2017, and December 31, 2018
There were no public comments
Motion on Item IX.B.
Motion: to Appoint Peter Wang for a 4 year term to the Arts and Culture
Commission, Tony Marandos for a 4 year term on the Bicycle Pedestrian
Commission, Stephanie Okada - McCabe for a 2 year term to the Building Board of
Appeals, Edith Edde and Nicole Robinson for 2 year terms on the Historic Heritage
Committee, Jan Berstein Chargin (homeowner) and Teresa Martinez for 2 year
terms on the Housing Advisory Committee, Hugh Smith for a 4 year term on the
Library Commission, Janet Espersen and Luann Manseau for 2 year terms on the
Open Government Commission, Julie Garcia and Rebecca Scheel for 4 year terms
on the Parks and Recreation Commission, Rob Hyde and James Leininger fpr 4
year terms on the Personnel Commission, Carmen Munoz for a 2 year term and
Susan Rodriguez and Martha Johanson for a 4 year terms on the Physically
Challenged Board of Appeals, Judy Bozzo for a 4 year term on the Public Art
Committee, Kai Lai and Tom Fischer for 4 year terms on the Planning Commission
and Alexis Pena Tomasetti to the Youth Commission with a 9/30/14 term
expiration.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
X. INTRODUCTION OF NEW BUSINESS
A. Silicon Valley Land Conservancy Presentation on Agriculture Mitigation Policy
Implementation
The staff report was introduced by Planning Manager Martin and was presented by staff
from the land conservatory.
There were no public comments.
Motion on Item X.A.
Motion: to Receive the Report and continue working with staff.
Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
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B. City Council Member Annual Appointments to Representative Seats
Mayor Gage presented the item.
There were no public comments.
Motion on Item X.B.
Motion: Approve the appointments
Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund asked it February 10, 2014 would work for a study session.
The Council agreed to the study session date.
XII. CITY ATTORNEY'S REPORTS
XIII. ADJOURNMENT TO THE SPECIAL MEETING OF JANUARY 22,2Q14
The Council adjourned at 9:02 p.m.
sHAWNA FR EL , MMC
City Clerk
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