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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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The Council adjourned to closed session at 8:55 p.m.
SHAWNA FREELS, MlWC
City Clerk
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City Council Meeting Minutes
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