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Minutes 2013/11/04City of Gilroy City Council Meetina Minutes November 4. 2013 (.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 Arellano. The invocation was given by Frank Azad of the Bahai Faith Community. City Clerk Shawna Freels announced that the agenda had been posted on October 30, 2013 at 11:45 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 Chief Turner introduced newly hired Police Records Technician Stacy Martinez, and newly hired Officers Andrew Lopez, and Eric Cryar. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation celebrating Live Oak Adult Day Services 20th Year Anniversary. He then presented certificates of distinction to Cheryl Huguenor and Gloria Martinez -King of Live Oak Adult Services. Mayor Gage presented the 2013 Arts and Business Awards to Out & About Magazine and the Gilroy Dispatch, and the 2013 Community Art Awards to Instructor Jane Rekedal and the Gavilan College Ceramics Art Department 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 Jorge Briones spoke in concern with regards to his business Nine Lives and the lack of promoting the downtown areas of the city. He shared his attempts to prompt the city to assist in supporting downtown business and then spoke on the poor planning of a recent city meeting. He concluded by sharing the turnover of ownership of the building he rented stating that he may be closing his business. Susan Mister spoke on the recent consultant research on the quality of life measure and requested the analytic data presented in the oral report stating that she had not received a response from the consultants when she had recently asked for the data. She spoke on the narrow scope of the survey and the raised dollar figure stating that local sales tax would go up to 9.25 %. City Council Meeting Minutes 11/4/13 2 Jan Chargin invited Council and staff to an open house at the Compassion Center. Public comment was then closed. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco explained that a security guard was being hired for the library. Council Member Leroe -Munoz spoke on the success of the recent Garlic Run. MAYOR'S REPORT Mayor Gage stated that the Downtown Business Association would meet the next night and spoke on the Sister Cities Association farewell dinner the previous night for the Takko Machi, Japan visitors. He stated that SCRWA would be meeting later in the week, the VTA County Expressway group had met but he was unable to attend, and the URM Task Force would be meeting soon. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR B. A Resolution 2013 -39 of the City Council of the City of Gilroy Authorizing the City Administrator to Execute a Renewal of the Memorandum of Understanding for Data Sharing Between the Gilroy Police Department and Law Enforcement Agencies Within the South Bay Information Sharing System (SBISS) South Bay Regional Node C. Opening of the Annual Recruitment Period for City Boards, Commissions and Committees with Member Terms Expiring 12/31/2013 E. Approval of Amendments to the Gilroy Youth Commission Bylaws F. A Resolution of the City Council of the City of Gilroy Ordering the Vacation of a Certain Strip of Land Designated as a Portion of a Public Street Right of Way Designated for Public Use, The Street Shown as Tea Tree Court Shown Upon That Certain Map Entitled Tract 9967, Rancho Hills, Filed With the County Recorder of Santa Clara County, California G. A Resolution of the City Council of the City of Gilroy Ordering the Vacation of a Certain Strips of Land Designated as Public Alley Rights of Way Designated for Public Use, the Alley Shown South of Lot 78 and the Alley Shown Between Lots 85 and 86 as Shown Upon that Certain Map Entitled Tract 1862, Sherwood Park, Unit No. 2 Filed with the County Recorder of Santa Clara County, California H. A Resolution of the City Council of the City of Gilroy Ordering the Vacation of a Certain Strip of Land Designated as a Portion of a Public Street Right of Way Designated for Public Use, the Street Shown as Wren Avenue Shown Upon That Certain Map Entitled Parcel Map Recorded in Map Book 745, Pages 20 -21 Filed With the County Recorder of Santa Clara County, California Motion on Consent Calendar Items B. C. E. F. G. H Motion: to approve Consent Calendar Items B, C, E, F, G, H Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 11/4/13 3 Yes: 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: Council Member Terri Aulman A. Minutes of the October 21, 2013 Regular Meeting Motion on Item VI.A. Motion: to approve the Minutes of the October 21, 2013 Regular Meeting Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -1 -1. Yes: 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 Abstain: Council Member Peter Arellano MD D. Disposition and Sale of Deaccessioned Museum Books and Periodicals Motion on Item VI.D. Motion: to continue Item D. Disposition and Sale of Deaccessioned Museum Books and Periodicals 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 M.D.; 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 VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS IX. UNFINISHED BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving Tentative Map Application TM 13-02 Creating 186 Single - Family Residential Lots, One 8 -Acre Park and Detention Basin, Three Uvas Creek Parcels and Three Parcels to Remain in Agricultural Production on Approximately 112 Acres Located Within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass Highway and West of Third Street, APNS 810 -20 -001, 810 -20 -003 and 810 -20- 007, Applicant Meritage Homes A Resolution of the City Council of the City of Gilroy Approving Planned Unit Development Architectural and Site Application AS 13 -06 for 186 Single- family Homes on an Approximately 45.27 Acre Parcel Located Within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass Highway and West of Third Street, APNS 810 -20 -001, 810 -20 -003 and 810 -20 -007, Applicant Meritage Homes Mayor Pro Tempore Woodward recused himself from deliberations on the item and left the dais There were no public comments. Motion on Item IX.A. Motion: to Adopt Resolution 2013 -43 of the City Council of the City of Gilroy Approving Tentative Map Application TM 13 -02 Creating 186 Single - Family Residential Lots, One 8 -Acre Park and Detention Basin, Three Uvas Creek Parcels and Three Parcels to Remain in Agricultural Production on Approximately 112 City Council Meeting Minutes 11/4/13 n Acres Located Within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass Highway and West of Third Street, APNS 810 -20 -001, 810- 20 -003 and 810 -20 -007, Applicant Meritage Homes Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Terri Aulman Abstain: Mayor Pro Tempore Perry Woodward Second Motion on Item IX.A. Motion: to Adopt Resolution No. 2013 -44 of the City Council of the City of Gilroy Approving Planned Unit Development Architectural and Site Application AS 13 -06 for 186 Single - family Homes on an Approximately 45.27 Acre Parcel Located Within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass Highway and West of Third Street, APNS 810 -20 -001, 810 -20 -003 and 810 -20- 007, Applicant Meritage Homes Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion - carried 5- 0 -1 -1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Terri Aulman Abstain: Mayor Pro Tempore Perry Woodward Mayor Pro Tempore Woodward returned to the dais B. Discussion of Amendments to City Code Section 2.13 Regarding City Council Regular Meetings The staff report was presented by City Attorney Callon. There were no public comments. Motion on Item IX.B. Motion: to provide direction to Staff to prepare an ordinance amending section 2.13 regarding regular meeting times. 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 M.D.; 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. Introduction of an Ordinance of the City Council of the City of Gilroy Repealing Chapter 27D of the Gilroy City Code in its Entirety and Replacing it With a New Chapter 27D Entitled "Post Construction Storm Water Pollution Prevention" The staff report was presented by Teresa Mack. There were no public comments. City Council Meeting Minutes 11/4/13 5 Motion on Item X.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item X.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Repealing Chapter 27D of the Gilroy City Code in its Entirety and Replacing it With a New Chapter 27D Entitled "Post Construction Storm Water Pollution Prevention" Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman B. Consideration of Amendments to Gilroy City Code Chapter 18, Section 6 and City Policies to Establish Permit Regulations for the Consumption of Alcohol in City Parks The staff report was presented by Police Chief Turner. Public comment was opened. Ron Kirkish spoke on a recent accident in Las Vegas explaining that the man driving was below the allowed toxology limit, but two people were killed. He spoke in support of the ordinance explaining that drugs many times were combined with drinking and he was concerned about marijuana smoking in city parks. Public comment was then closed Motion on Item X.B. Motion: to Direct Staff to Prepare an Ordinance Amending Gilroy City Code Section 18.6 and City Policies to Establish Permit Regulations for the Consumption of Alcohol in City Parks with a 12 month sunset Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 4-2 -1. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker Absent: Council Member Terri Aulman C. An Ordinance of the City Council of the City of Gilroy Adopting the 2012 Edition of the International Fire Code, the 2013 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments The staff report was presented by Fire Marshal Bretschneider. City Council Meeting Minutes 11/4/13 R There were no public comments. Motion on Item X.C. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item X.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adopting the 2012 Edition of the International Fire Code, the 2013 California Fire Code, California Code of Regulations Title 24, Part 9, Including Local Amendments Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman D. An Ordinance of the City Council of the City of Gilroy Amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code and Adopting the Following Codes: 2013 California Building Code (VOL 1 and 2), 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Energy Code, 2013 California Historical Building Code, 2013 California Existing Building Code with Appendices Al, A2, A3, A4, and A5 of the 2012 International Existing Building Code, 2013 California Green Building Standards Code, and 2012 International Property Maintenance Code The staff report was presented by Building Plan Check Engineer Chung. There were no public comments. Motion on Item X.D. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item X.D. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy City Code and Adopting the Following Codes: 2013 California Building Code (VOL 1 and 2), 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Energy Code, 2013 California Historical Building Code, 2013 California Existing Building Code City Council Meeting Minutes 11/4/13 with Appendices Al, A2, A3, A4, and A5 of the 2012 International Existing Building Code, 2013 California Green Building Standards Code, and 2012 International Property Maintenance Code Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman E. Authorization for Single Tenant Lessee Gilroy Gardens Family Theme Park, Inc. to Sublet the Use of a Utility Building on City Owned Property to Bonfante Nurseries, Inc. The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item X.E. Motion: to Authorize Gilroy Gardens Family Theme Park, Inc. to Sublet the Use of a Utility Building to Bonfante Nurseries, Inc. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: 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: Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that there were no dates for a study session that would work for the Council as a whole. XII. CITY ATTORNEY'S REPORTS There was no report. Mayor Gage stated that the next meeting would be quite long. He then explained that each Council Member was being asked to select 7 members of the public from within the city limits to the December 4th Citizens Summit and asked that the names be provided to City Clerk Freels by December 12th. ADJOURNMENT TO THE REGULAR MEETING OF NOVEMBER 18, 2013 The Mayor adjourned the meeting at 8:17 p.m. SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 11/4/13 1 1 1