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Minutes 2013/11/18City of Gilroy City Council Meeting Minutes November 18, 2013 I. OPENING A. Call to Order - Meeting Convened in the Memory of Former Mayor Mike Gilroy Mayor Gage called the meeting to order at 6:00 p.m. stating that it was being convened in the memory of former Gilroy Mayor Mike Gilroy. The Pledge of Allegiance was led by Mayor Pro Tempore Woodward. The Invocation was given by Pastor Jeff Scherck of the Church of Jesus Christ of Latter Day Saints. City Clerk Shawna Freels announced that the agenda had been posted on November 13, 2013 at 11:15 a.m. Roll Call Present: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage; Absent/Excused: Council Member Dion Bracco Mayor Gage announced that Council Member Bracco was ill and would not be attending the meeting. B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a Proclamation Honoring National Family Week November 24th - 30th, 2013 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 Kevin Zwick was called to speak and shared the 2013 Turkey Trot event in San Jose and invited Council members to attend. Jeff Rangel was called to speak stating that the 2013 Turkey Trot was a huge event in the county, sharing the trophy and community benefit. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker explained that the majority of her meetings were being held later in the week. City Council Meeting Minutes 11/18/13 4 Council Member Leroe- Mufioz announced that the Santa Clara Valley Water District had met and was considering changes in the structure of the cities representation, with a possible merge of the flood control committee. He explained that there could be some effect on Council Member represented seats on other committees. Mayor Pro Tempore Woodward spoke on the recent General Plan Advisory Committee meeting sharing the robust discussions on outreach in the community, and explaining that the first community workshop would be held the following night at 6:30 p.m. at the library. Mayor Gage announced that the Gilroy Downtown Business Association had met and the banners were being used to define the downtown. He then spoke on the use of flags throughout the downtown areas. He concluded by stating that the URM Task Force had met and had decided to address each buildings issue one at a time. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe -Munoz stated that the Santa Clara Cities Association had drafted a letter to state legislators with regards to AB 109 and the impacts on crimes. He explained that the association would be meeting with specific legislators and asked the Council to consider drafting a letter to share the impacts to Gilroy. VI. CONSENT CALENDAR A. Minutes of the November 4, 2013 Regular Meeting B. Budget Amendment in the Amount of $80,000.00 for the Purchase and Installation of a Replacement Pump and Motor for Well No. 3 -02 C. Budget Amendment for the City's BEGIN Homeowner Assistance Grant Program D. Approval of Property Improvement Agreement No: 2013 -01 and Final Map for Oak Place - Tract 10184, KB Home South Bay, Inc.; APN 808 21 033 F. Claim of John Carillo, Jr. (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Claim of Emmanuel Luis Fregoso (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Public comment was opened Ben Griffin spoke on the adjacency of the wall to his home and went on to share that a petition had been signed by property owners in the area regarding the cracks along the wall and tree roots uprooting the sidewalk on Luchessa Avenue. He suggested that the trees be removed the same type of wall on Santa Teresa be built on Luchessa. Charlie Hazelbaker of KB Home stated that Michael McDermott was responsible for securing the acquisition of the Suburban Propane property and he understood that the purchase was close to closure. Bob Sigala spoke on eminent domain of his property stating that 20 feet had been taken under eminent domain. Public comment was then closed. City Council Meeting Minutes 11/18/13 Motion on the Consent Calendar Item D. Motion: Approval of Property Improvement Agreement No: 2013 -01 and Final Map for Oak Place - Tract 10184, KB Home South Bay, Inc.; APN 808 21 033 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano M.D.; Council Member Tucker Absent: Council Member Dion Bracco Motion on the Consent Calendar Items A. B. C. F. G Motion: to Approve Consent Calendar Items A, B, C, F, G Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. . Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco E. Claim of Brad Carlson (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Item E was continued to the December 2, 2013 to be heard under closed session. VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS IX. UNFINISHED BUSINESS A. Extension of Consultant Services Agreement with the Lew Edwards Group for Services on Potential Quality of Life Ballot Measure The staff report was presented by Finance Director Turner There were no public comments. Motion on Item IX.A. Motion: to Approve the Consultant Services Agreement Extension with the Lew Edwards Group Moved by Council Member Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Peter Arellano M.D. Absent: Council Member Dion Bracco B. Disposition and Sale of Deaccessioned Museum Books and Periodicals The staff report was presented by Recreation Director DeLeon. There were no public comments. Motion on Item IX.B. Motion: to Approve the Disposition of Books and Periodicals Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 11/18/13 4 Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe - Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco C. Adoption of 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 There were no public comments. Motion on Item IX.C. Motion: to Adopt Ordinance 2013 -10 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 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco D. Adoption of 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 There were no public comments. Motion on Item IX.D. Motion: to Adopt Ordinance 2013 -11 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 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco E. Adoption 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" There were no public comments. City Council Meeting Minutes 11/18/13 5 Motion on Item IX.E. Motion: to Adopt Ordinance 2013 -12 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 Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6 -0. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco F. Introduction of an Ordinance of the City Council of the City of Gilroy Amending City Code Section 2.13 (a) Regarding City Council Regular Meetings The staff report was presented by Acting City Attorney Faber. There were no public comments. Motion on Item IX.F. 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 M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco City Clerk Freels read the ordinance title. Second Motion on Item IX.F. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending City Code Section 2.13 (a) Regarding City Council Regular Meetings 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco G. Introduction of an Ordinance of the City Council of the City of Gilroy Amending City Code Section 18.6(b) to Allow for the Consumption of Alcohol in Public Parks on a Permit Basis in Certain Designated Drinking Areas Only The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item IX.G. 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco City Council Meeting Minutes 11/18/13 J City Clerk Freels read the ordinance title. Second Motion on Item IX.G. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending City Code Section 18.6(b) to Allow for the Consumption of Alcohol in Public Parks on a Permit Basis in Certain Designated Drinking Areas Only Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Tucker Absent: Council Member Dion Bracco H. A Resolution of the City Council of the City of Gilroy Extending Chapter 6, Article VI of the Gilroy City Code Entitled "Unreinforced Masonry URM Ordinance" to Complete the Seismic Safety Retrofitting Program for Unreinforced Masonry Buildings to December 15, 2014 The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item IX.H Motion: to Adopt Resolution 2013 -45 of the City Council of the City of Gilroy Extending Chapter 6, Article VI of the Gilroy City Code Entitled "Unreinforced Masonry URM Ordinance" to Complete the Seismic Safety Retrofitting Program for Unreinforced Masonry Buildings to December 2, 2014 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco X. INTRODUCTION OF NEW BUSINESS A. City Facility Assessments at the Christmas Hill Park Ranch Site The staff report was presented by Operations Manager Stubchaer. There were no public comments on the item. Motion on Item X.A. Motion: to Receive Report and Provide Direction to Staff to follow the Historic Heritage Committee's Recommendation 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco B. Staff Analysis of Freeway Signage Regulations The staff report was presented by Planner Bischoff. There were no public comments. City Council Meeting Minutes 11/18/13 Motion on Item X.B. Motion: to continue the item to a future meeting in January for more analysis, and to allow for a variance for the particular property. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco C. City Council Sub Committee Recommendation to Provide a Salary Increase for City Administrator Thomas Haglund The report was presented by Mayor Gage. Public comment was opened. Bob Sigala stated that he didn't think the percent of increase was important, explaining that he wanted to know the dollar amount of the increase. Public comment was then closed. Motion on Item X.C. Motion: to Approve a 2% Salary Increase to $219,255.00 for City Administrator Thomas Haglund Effective July 1, 2013 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 Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco D. Authorization to Purchase Emergency Communications Equipment Under the Silicon Valley Regional Interoperability Authority ( SVRIA) Contract in the Amount of $837,200.00 The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item X.D. Motion: to Approve the Purchase Emergency Communications Equipment Under the SVRIA Contract in the Amount of $837,200.00 Moved by Council Member Terri Aulman, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco E. Indemnity Agreement by and Between the Santa Clara Stadium Authority, the City of Santa Clara and the Cities of Gilroy, Campbell, Milpitas, Morgan Hill, Mountain View and Palo Alto and the Town of Los Gatos for Indemnity with the City of Santa Clara and Santa Clara Stadium Authority for Law Enforcement Services The staff report was presented by Police Chief Turner. City Council Meeting Minutes 11/18/13 Motion on Item X.E. Motion: to Approve an Agreement By and Between the Santa Clara Stadium Authority, the City of Santa Clara and the Cities of Gilroy, Campbell, Milpitas, Morgan Hill, Mountain View and Palo Alto and the Town of Los Gatos for Indemnity with the City of Santa Clara and Santa Clara Stadium Authority Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker, Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco F. Recommendations to Prohibit Payday Lending Businesses and the Expansion or Relocation of Existing Payday Lending Businesses in the City The staff report was presented by Planning Manager Martin. Public comment was opened. Bob Sigala shared his support of the ordinance and need to help the public from falling into the payday lending debt cycle. Rebecca Armendariz was called to speak sharing her support for the ordinance and stated that she believed people on fixed incomes became trapped in the system. James Zahradka was called to speak sharing his belief that the void needed to be filled. He provided the Council with information from a flyer which had a number of assistance programs for those in the payday lending trap. Reymundo Armendariz was called to speak stating that one of his clients had loans at each of the payday lending institutions in the city. He explained that people were being targeted and the ordinance would effect change. Wendy Ho of the United Way of Silicon Valley was called to speak and shared the comprehensive approach needed to assist the public in becoming economically secure. She spoke on the number of payday lenders who preyed on the low income individuals and families explaining that her organization partnered with other groups to provide access to programs to assist those in the debt trap. Liliana Molina of the CNC shared her support of the ordinance stating that CNC assisted low income individuals and convened the coalition against payday lenders. She explained that the consumer financial bureau to assist in. She then spoke on the issue of convenience in the community and the connection to use of surrounding businesses. Public comment was then closed. Motion on Item X.F. Motion: to Direct Staff to Prepare an Ordinance Amending the City Code to Prohibit Payday Lending Businesses and the Expansion or Relocation of Existing Payday Lending Businesses in the City, and direct staff to craft a resolution to all legislators Moved by Council Member Tucker, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco City Council Meeting Minutes 11/18/13 E G. Fiscal Year 2013 -2014 First Quarter Budget Review The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.G. Motion: to Receive the Report Moved by Council Member Peter Arellano M.D. seconded by Council Member Tucker Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Dion Bracco XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that the City received a grant to assist with advancing the efforts of the South County Youth Task Force. XII. CITY ATTORNEY'S REPORTS There was no report. 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 B. 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: Edward Bozzo, Phillip King v. City of Gilroy Court: United States District Court, Northern District Case No. 5:12 -cv- 02542 -HRL Date Case Filed: June 1, 2012 Acting City Attorney Faber explained that the Council was being asked to enter into closed session as discussion in open session would prejudice the city's position in the cases. There were no public comments. Motion to Adiourn to Closed Session Motion: to Assert the Attorney Client Privilege on Items XIII. A and B and Adjourn to Closed Session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Peter Leroe - Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano MD; Council Member Dion Bracco City Council Meeting Minutes 11/18/13 10 The Council adjourned to closed session at 8:55 p.m. SHAWNA FREELS, MlWC City Clerk �J 1 City Council Meeting Minutes 11/18/13