Minutes 2014/04/07Gilroy City Council
Regular Meeting Minutes
April 7, 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 Pastor Greg Quirke of South Valley Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on April 2, 2014
at 2:30 p.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage; City Attorney Callon; City Administrator
Haglund
Absent/: Council Member Peter Arellano
B. Orders of the Day
There were no agenda changes.
C. Introductions
Community Development Director Abrams introduced newly appointed Housing and
Community Development Grant Coordinator Daniel Murillo.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a Proclamation Recognizing the Month of April as Sexual
Assault Awareness Month.
Mayor Gage presented a Proclamation Recognizing National Crime Victims' Rights
Week, April 6 -12, 2014.
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
Council Member Peter Arellano joined the meeting at 06:12 p.m.
Phil Buchanan spoke on the new banners in the downtown explaining that large
banners had been added to highlight the offerings of the city, asking the Council to
consider such banners in the upcoming budget to enhance the messaging of the city.
Gianfranco Filice was called to speak sharing the upcoming Senior Ball event
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B. Presentation by the Gilroy Foundation on "Silicon Valley Gives" Campaign
The presentation was given by Donna Prey of the Gilroy Foundation who shared the
ability to donate to any nonprofit of the Gilroy Foundation, and explaining the matching
donor program during the campaign.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco spoke on the Gang Task Force name change to the Gilroy
Youth Task Force and shared the selection of Council Member Leroe -Munoz as
President of the Task Force
Council Member Aulman spoke on the Gilroy Gardens Strategic plan development and
further spoke on the water oasis projection planned for opening in mid -June and spoke
on the fresh plantings at the park.
Mayor Pro Tempore Woodward spoke on the CalTrain meetings and the unprecedented
ridership of the train system. He then spoke on the VTA work to bring Bart to San Jose
and plans to have everything in place for Super Bowl 50 being held in the City of Santa
Clara. He further spoke on LAFCO approvals of future annexations of property into the
City, suggesting that individual Council members speak with their fellow elected officials
within the county to share the proposals, explaining that County Supervisor and LAFCO
Board Member Cindy Chavez would be touring the City with him on May 1 st
MAYOR'S REPORT
The Mayor read the letters written to the city commending city staff. He then spoke on
the City Attorney subcommittee work, and shared information on the EDC Board
appraisal of the CEO, and then spoke on the Gilroy Sister Cities Association annual
fundraiser event being held April 26th at the Old City Hall. He went on to speak on the
VTA advisory board meeting explaining that the group was working establish the south
county share of county funding for expressway widening. He concluded by speaking on
the URM Task Force meetings and goal to complete all of the needed downtown URM
building repairs in 18 months.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Leroe -Munoz suggested agendizing an item on Alert Santa Clara
County explaining that there was room to improve the service in multiple languages,
suggesting that the Council consider writing a letter to the County and Supervisor Mike
Wasserman to support the translation services.
Mayor Gage stated that he had been receiving letters regarding tobacco retailer
ordinance from the County, regarding county licensing and asked if the Council would
consider agendizing the issue.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of the March 17, 2014 Regular Meeting
B. Opening of the Recruitment Period to Fill One (1) Open Seat on the Planning
Commission and One (1) Seat on the Personnel Commission
C. Claim of Senessa Brockington (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
D. Adoption of Ordinance No. 2014 -03 of the City Council of the City of Gilroy
Amending Gilroy City Code Section 17A "Gilroy Open Government Ordinance"
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E. Approval of Budget Amendment in the Amount of $26,400.00 for Office of
Traffic Safety Grant
F. Approval of Parcel Maps for Meritage Homes APN's 810 -21 -001, 810 -21 -007 and
810 -21 -003
G. Minutes of the March 31, 2014 Special Meeting
Motion on the Consent Calendar
Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Dion Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
VII. BIDS AND PROPOSALS
A. Approval of Contract with WhiteWater West Industries, Inc. for Repairs and
Maintenance to the Waterslides and AquaPlay Structure at the Christopher
High School Aquatics Center
The item was presented by Facilities Superintendent Brandini.
There were no public comments.
Motion: Approve Motion to Approve Contract with WhiteWater West Industrieslnc.
in the Amount of $57,852.34 for Repairs and Maintenance to Waterslides and
AquaPlay Structure at Christopher High School Aquatics Center with changes
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
VIII. PUBLIC HEARINGS
A. Consideration of Amendments to the City's Comprehensive Fee Schedule to
Increase Existing Fees on Select Planning, Building, and Public Works
Engineering Application Requests
The staff report was presented by Development Center Manager Butler.
The public hearing was opened; there being no comments, it was then closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution No. 2014 -14 of the City Council of the City of Gilroy
Revising the Comprehensive Schedule of Fees Charged by Planning, Building,
and Public Works Engineering to Increase Existing Fees on Select Application
Requests
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
No: Council Member Cat Tucker
B. Zoning Ordinance Amendment to Section 30.19.13 (b) of the Gilroy City Code
to Allow Ground Floor Offices in the Downtown Historic District Without a
Conditional Use Permit for a Period of Three (3) Years (Z 14 -03)
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The staff report was presented by Development Center Manager Butler.
The public hearing was opened.
Ron Kirkish spoke on parking metering in the downtown to encourage people to do their
business and move from the parking space further suggested that the property owners
not be penalized as the business community should carry the burden.
The public hearing was then closed.
Motion on Item VI11.B.
Motion: to Direct Staff to Prepare an Ordinance Amendment to Section 30.19.13
(b) of the Gilroy City Code to Allow Ground Floor Offices in the Downtown
Historic District Without a Conditional Use Permit for a Period of Three (3) Years
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 5 -2.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
No: Council Member Peter Arellano; Council Member Dion Bracco
C. Zoning Ordinance Amendment to Various Sections of Chapter 30 of the Gilroy
City Code to Implement Changes in State Law Concerning Reasonable
Accommodation, Density Bonus and Emergency Shelters and Transitional and
Supportive Housing (Z14 -02)
The staff report was presented by Planner Bischoff.
The public hearing was opened.
Ron Kirkish was called to speak sharing his concerns about finding housing for the
Homeless, and sharing a recent murder in the City of Santa Cruz and his concerns with
fiscal accountability and costs to the tax payers.
The public hearing was then closed.
Motion on Item VIII.C.
Motion: to Direct Staff to Prepare an Ordinance Amending Various Sections of
Chapter 30 of the Gilroy City Code to Implement Changes in State Law
Concerning Reasonable Accommodation, Density Bonus and Emergency
Shelters and Transitional and Supportive Housing
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Peter Arellano.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending
Chapter 30 Article 37 of the Gilroy City Code Entitled "Sign Regulations" to
Modify Regulations for Handheld, Window, Portable, Off -site Residential Open
House and Temporary Signs, and Flags, Balloons, and Streamers
Public comment was opened.
Irene Peterson was called to speak sharing her concerns with prohibiting her tax
business from using costumed flag waivers to market during the tax preparation season.
Georgine Scott - Codiga was called to speak sharing her concerns with banning flags
and further spoke on the issue of limiting local businesses from generating business.
Suzanne Rodriguez was called to speak sharing her thoughts on prohibiting freedom of
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speech and constitutional rights and she then asked how much staff enforcement time
would be spent enforcing the ordinance.
Barbara Rubio spoke on the use of the costumed crow who drew customers to her
insurance business explaining that the largest amount of her business came from a
banner and costumed crow mascot.
Mark Turner was called to speak stating that he believed there was a case to be made
with regards to advertising as well as the responsibility that went along with the right. He
spoke on the need to enforce the ordinance as well as issues with "A" frame signs.
Marco Escobar was called to speak stating that he had opened his computer shop and
used the "A" frame sign to draw much of his business.
Joseph Filice was called to speak stating that he was against the ordinance and didn't
believe the adoption had been well publicized. He explained that there were exemptions
that he didn't believe were fair and went on to state that he didn't want to see the City
become sterile and believed the city should regulate and not prohibit. He explained that
the economy was picking up in Gilroy and the ordinance would sterile the economic
growth.
Jean Ryan was called to speak stating that in Morgan Hill there were sign waivers.
A gentleman stated that the ordinance was business unfriendly as "A" frame signs were
allowed in other cities such as Morgan Hill. He further spoke on driving regulations and
and parking in the downtown.
John Rubio was called to speak sharing his concerns with the ordinance and the
difference between the outlet shoppers and the business in the downtown explaining
that the outlets had the advantage due to proximity to the highway, and he
believed the small businesses were being targeted with the new ordinance.
Public comment was then closed.
Motion on Item IX.A.
Motion: to Adopt Ordinance No. 2014 -04 of the City Council of the City
of Gilroy Amending Various Provisions of Chapter 30, Article 37 of the Gilroy City
Code Entitled "Sign Regulations"
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
No: Council Member Peter Arellano
X. INTRODUCTION OF NEW BUSINESS
A. Consideration of Providing a Letter of Support for Assembly Bill 1799 as
Requested by the Santa Clara Valley Water District
The staff report was presented by City Engineer Smelser and further described by
Santa Clara Valley Water District staff member Rachel Gibson
There were no public comments.
Motion on Item X.A.
Motion: Approve Motion to Approve Submission of a Letter Supporting Assembly
Bill 1799
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -1.
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Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
No: Council Member Peter Arellano
B. Community Development Block Grant (CDBG) and Housing Trust Fund (HTF)
Public Service Grant Funding Renewal Recommendations for Fiscal Year 2015
The staff report was presented by Community Development Director Abrams.
There were no public comments.
Motion on Item X.A.
Motion: to Approve the Second Year Funding of the CDBG and HTF Public
Service Grants for Fiscal Year 2015
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Arellano.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor
Pro Tempore Perry Woodward; Mayor Don Gage
C. Discussion of Publishing Written Public Comment Material in City Council
Packets
The item was presented by Mayor Pro Tempore Woodward.
Public comment was opened.
Ron Kirkish spoke on the variety of material he provide to Council suggesting that much
of it was fairly poignant with regards to state and federal actions, asking how the
material could be circulated to the Council
Public comment was then closed
Motion on Item X.C.
Motion: Provided Direction to Staff to limit public comment on items not on the
agenda to 10 pages in hard copy and allow an unlimited amount of material
electronically, to be incorporated into the Council Agreements.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Dion Bracco.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Peter Arellano
XI. CITY ADMINISTRATOR'S REPORTS
The City Administrator reminded the Council of their upcoming meeting at 5:00 p.m. in
Police Department Community room.
XII. CITY ATTORNEY'S REPORTS
City Attorney Callon explained that the updates to the Brown Act and FPPC regulations
had distributed to the full Council at the dais. She then spoke on the Smith v. City of
San Jose case regarding private email which been upheld in the Superior court.
Mayor Gage suggested donating to the community foundation as a Council during the
Silicon Valley "gives" campaign.
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The Council adjourned the meeting at 9:00 p.m.
1
l _i
, was Freels\,,MMC
City Clerk of the City of Gilroy
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