HomeMy WebLinkAbout2013-11-18 City Council Regular MeetingCity Council
Regular Meeting
11/18/2013 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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I. OPENING
A. Call to Order - Meeting Convened in the Memory of Former Mayor Mike Gilroy
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
Roll Call: 8 members Present, 1 members Absent, 0 members Excused.
B. Orders of the Day
C. Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
1. Proclamation Honoring National Family Week November 24th - 30th, 2013
Item II.A.1. Proclamation
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
IV. REPORTS OF COUNCIL MEMBERS
Item IV Reports of Council Members
1. Council Member Bracco
2. Council Member Tucker
3. Council Member Arellano
4. Council Member Leroe-Muñoz
5. Council Member Aulman
6. Mayor Pro Tempore Woodward
7. MAYOR'S REPORT
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the November 4, 2013 Regular Meeting
Item VI.A. Minutes of November 4, 2013
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
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Item VI.B. Budget Amendment Well Repairs
C. Budget Amendment for the City's BEGIN Homeowner Assistance Grant Program
Item VI.C. Budget Amendment BEGIN 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
Item VI.D. Property Improvement Agreement and Final Map for Oak Place
Motion to Approve 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 Moved by Mayor Pro Tempore
Perry Woodward, seconded by Council Member Peter Leroe-Munoz.
E. Claim of Brad Carlson (the City Administrator Recommends a "yes" vote under the Consent
Calendar shall constitute the denial of the claim)
Item VI.E. Claim of Brad Carlson
Motion to Approve A, B, C, F, G, Moved by Mayor Pro Tempore Perry Woodward, seconded by Council
Member Terri Aulman.
F. Claim of John Carillo, Jr. (the City Administrator Recommends a "yes" vote under the Consent
Calendar shall constitute the denial of the claim)
Item VI.F. Claim of John Carrillo, Jr.
G. Claim of Emmanuel Luis Fregoso (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
Item VI.G. Claim of Emmanuel Fregoso
VII. BIDS AND PROPOSALS - NONE
VIII. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Extension of Consultant Services Agreement with the Lew Edwards Group for Services on Potential
Quality of Life Ballot Measure
Item IX.A. Extension of Agreement with Lew Edwards Group
Motion to Approve Motion to Approve Consultant Services Agreement Extension with the Lew
Edwards Group Moved by Council Member Tucker, seconded by Mayor Pro Tempore Perry Woodward.
B. Disposition and Sale of Deaccessioned Museum Books and Periodicals
Item IX.B. Disposition of Deaccessioned Museum Books
Motion to Approve Motion to Approve the Disposition of Books and Periodicals Moved by Mayor Pro
Tempore Perry Woodward, seconded by Council Member Peter Leroe-Munoz.
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
Item IX.C. Adoption of Ordinance Fire Code
Motion to Approve 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.
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:
Item IX.D. Adoption of Ordinance Building Code
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Motion to Approve 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:
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"
Item IX.E. Adoption of Ordinance Storm Water Pollution Prevention
Motion to Approve 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.
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
Item IX.F. Intro of Ordinance City Council Regular Meetings
Motion to Approve 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.
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
Motion to Approve 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.
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
Item IX.G. Intro of Ordinance Consumption of Alcohol in Public Parks
Motion to Approve 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.
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
Motion to Approve 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.
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
Item IX.H. Resolution Extending URM Ordinance
Motion to Approve 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.
X. INTRODUCTION OF NEW BUSINESS
A. City Facility Assessments at the Christmas Hill Park Ranch Site
Item X.A. Christmas Hill Ranch Site Facility
Motion to Approve Receive Report and Provide Direction to Staff to follow the HHC Recommendation
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe-Munoz.
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B. Staff Analysis of Freeway Signage Regulations
Item X.B. Freeway Signage Regulations
Motion to Approve continue the item to a future meeting in January to allow for a variance - public
hearing. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker.
C. City Council Sub Committee Recommendation to Provide a Salary Increase for City Administrator
Thomas Haglund
Item X.C. Salary Increase for City Administrator
Motion to Approve 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.
D. Authorization to Purchase Emergency Communications Equipment Under the Silicon Valley Regional
Interoperability Authority (SVRIA) Contract in the Amount of $837,200.00
Item X.D. Purchase of Emergency Communications Equipment
Motion to Approve 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.
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
Item X.E. Indemnity Agreement Peace Officer Services at Santa Clara Levi Stadium
Motion to Approve 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.
F. Recommendations to Prohibit Payday Lending Businesses and the Expansion or Relocation of
Existing Payday Lending Businesses in the City
Item X.F. Payday Lending Businesses
Motion to Approve 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 MD.
G. Fiscal Year 2013-2014 First Quarter Budget Review
Item X.G. Fiscal Year 2013-2014 First Quarter Budget Review
G. Fiscal Year 2013-2014 First Quarter Budget Review
Motion to Approve Receive Report Moved by , no second required.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
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
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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
Motion to Approve 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.
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