HomeMy WebLinkAbout2012-01-23 City Council Regular MeetingCity Council
Regular Meeting
1/23/2012 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
Roll call (6 Present, 1 Absent, 0 Excused) (Recorded at 00:02:22)
4. Roll Call
B. Orders of the Day
I. OPENING
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
1. Certificates of Appreciation to Outgoing Board, Commission and Committee Members
Item II.A. Certificates of Appreciation
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
Item III.A. Public Comment
B. Downtown Merchants Association Annual Presentation to Council
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:07:50)
C. Annual Presentation by the Personnel Commission
IV. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco
2. Mayor Pro Tempore Tucker
3. Council Member Arellano
4. Council Member Woodward
5. Council Member Leroe-Muñoz
6. Council Member Dillon
7. MAYOR'S REPORT
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of January 9. 2012 Regular Meeting
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Item VI.A. Minutes of January 9, 2012
B. Notice of Acceptance of Completion Lions Creek Trail Project - Wren to Farrell, Project No. 11-CDD-
181
Item VI.B. Notice of Acceptance of Completion Lions Creek Trail Wren to Farrell
C. Notice of Acceptance of Completion Lions Creek Trail Project - Kern to Wren, Project No. 11-CDD-
182
Item VI.C. Notice of Acceptance of Completion Lions Creek Trail Kern to Wren
D. Proclamations Recognizing Recipients of the 2011 Chamber of Commerce Awards
Item VI.D. Proclamations Recognizing Chamber of Commerce Award Winners
Motion to approve Motion to approve items A, B, C, and D Moved by Council Member Perry Woodward,
seconded by Mayor Pro Tempore Cat Tucker.
VII. BIDS AND PROPOSALS - None
VIII. PUBLIC HEARINGS
A. Appeal of the Planning Commission Denial of a Tentative Map to Sub-divide Approximately 1.97
acres into 13 Residential Lots and the Associated Architectural and Site Planned Unit Development
(PUD) to Allow the Construction of 13 Single Family Homes, and 12 Accessory Dwelling Units on a
Property Zoned R2 (2 Family Residential) Located at 9060 and 9070 Kern Avenue, Gilroy (APN 790-
18-015 and 790-18-017); Applicant PSI Development c/o Joe Burch; AS 10-06, TM 10-01
Item VIII.A. Appeal of Planning Commission Denial TM 10-01
Roll call (6 Present, 0 Absent, 1 Excused) (Recorded at 00:33:08)
Motion to approve Motion to Direct Staff to Prepare a Resolution Approving TM 10-01 with the
inclusion of the arborist report, and condition #12 notification to future buyers Moved by Council
Member Dion Bracco, seconded by Council Member Bob Dillon.
A. Appeal of the Planning Commission Denial of a Tentative Map to Sub-divide Approximately 1.97
acres into 13 Residential Lots and the Associated Architectural and Site Planned Unit Development
(PUD) to Allow the Construction of 13 Single Family Homes, and 12 Accessory Dwelling Units on a
Property Zoned R2 (2 Family Residential) Located at 9060 and 9070 Kern Avenue, Gilroy (APN 790-
18-015 and 790-18-017); Applicant PSI Development c/o Joe Burch; AS 10-06, TM 10-01
B. Ordinance of the City Council of the City of Gilroy Modifying the City Zoning Code Section 38 Titled
"Landscaping"
Item VIII.B. Ordinance Modifying City Zoning Code Section 38 Titled "Landscaping"
Motion to approve Motion to Direct Staff to Prepare an Ordinance Modifying the City Zoning Code
Section 38 Titled "Landscaping" Moved by Mayor Pro Tempore Cat Tucker, seconded by Council
Member Bob Dillon.
C. Public Hearing to Consider Revision and Adjustment of Rates and Charges for Municipal Wastewater
Services to be Effective March 1, 2012, and to Hear Protests Thereto
Item VIII.C. Public Hearing to Consider Revision and Adjustment of Rates and Charges for Municipal
Wastewater Services
Motion to approve Motion to Adopt Resolution 2012-05 of the City Council of the City of Gilroy
Establishing the City's Wastewater Utilities System Rate Schedule Effective March 1, 2012 Moved by
Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz.
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 02:00:43)
B. Ordinance of the City Council of the City of Gilroy Modifying the City Zoning Code Section 38 Titled
"Landscaping"
IX. UNFINISHED BUSINESS
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A. Introduction of an Ordinance of the City Council of the City of Gilroy Regulating Municipal Elections
by Repealing Ordinance 2007-12 in its Entirety, and Replacing it With a New Ordinance Regulating
Municipal Elections Setting Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for
Candidates and Controlled Committees, and Establishing Additional Campaign Disclosure
Requirements and Enforcement Procedures, and Codifying This Ordinance As Chapter 8B to the Gilroy
City Code E
Item IX.A. Introduction of Ordinance Regulating Municipal Elections
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading Moved by
Council Member Dion Bracco, seconded by Council Member Peter Arellano MD.
A. Introduction of an Ordinance of the City Council of the City of Gilroy Regulating Municipal Elections
by Repealing Ordinance 2007-12 in its Entirety, and Replacing it With a New Ordinance Regulating
Municipal Elections Setting Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for
Candidates and Controlled Committees, and Establishing Additional Campaign Disclosure
Requirements and Enforcement Procedures, and Codifying This Ordinance As Chapter 8B to the Gilroy
City Code E
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Regulating Municipal Elections by Repealing Ordinance 2007-12 in its Entirety, and Replacing it With a
New Ordinance Regulating Municipal Elections Setting Campaign Contributions Limits, Setting a
Voluntary Expenditure Ceiling for Candidates and Controlled Committees, and Establishing Additional
Campaign Disclosure Requirements and Enforcement Procedures, and Codifying This Ordinance As
Chapter 8B to the
B. City Truck Route Modification - Removal of Truck Route on Murray Avenue, IOOF Avenue, Forest
Street and Lewis Street
Item IX.B. City Truck Route Modification
C. Downtown Dancing Task Force Update
Item IX.C. Downtown Dancing Task Force Update
Motion to approve Receive Report and Provide Direct to Staff to Prepare an Entertainment Ordinance
Consistent with the Downtown Dancing Task Force Recommendations. Moved by Mayor Pro Tempore
Cat Tucker, seconded by Council Member Peter Leroe-Munoz.
B. City Truck Route Modification - Removal of Truck Route on Murray Avenue, IOOF Avenue, Forest
Street and Lewis Street
X. INTRODUCTION OF NEW BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Imposing Registration and Maintenance
Requirements for Ground-floor Windows in Vacant Commercial Space in the Downtown Historic District
and the Downtown Expansion District
Item X.A. ordinance Imposing Registration and Maintenance Requirements for Ground-floor Windows
in Vacant Commercial Space
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading Moved by
Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz.
A. An Ordinance of the City Council of the City of Gilroy Imposing Registration and Maintenance
Requirements for Ground-floor Windows in Vacant Commercial Space in the Downtown Historic District
and the Downtown Expansion District
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy Imposing
Registration and Maintenance Requirements for Ground-floor Windows in Vacant Commercial Space
in the Downtown Historic District and the Downtown Expansion District Moved by Council Member
Peter Leroe-Munoz, seconded by Council Member Bob Dillon.
Motion to approve Motion to Approve a Memorandum of Understanding with the Bay Area Rapid
Enforcement Allied Computer Team (REACT) Task Force, and to add a Full-time Police Officer Position
to the City Budget, to be Partially Paid Through REACT Moved by Council Member Perry Woodward,
seconded by Council Member Peter Leroe-Munoz.
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B. Approval of First Amendment to Agreement with Santa Clara County for the Abatement of Weeds
Possible Action Motion to Approve the First Amendment to Agreement with Santa Clara County for the
Abatement of Weeds
Item X.B. Approval of First Amendment to Agreement with Santa Clara County for the Abatement of
Weeds
C. A Resolution of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City to
be a Public Nuisance, Describing Weeds Which Constitute Such a Nuisance, and Providing Notice of the
Adoption of the Resolution by Publication Thereof
Item X.C. Resolution Declaring Certain Weeds Growing in City to be a Public Nuisance
Motion to approve Motion to Adopt a Resolution 2012-07 of the City Council of the City of Gilroy
Declaring Certain Weeds Growing in the City to be a Public Nuisance, Describing Weeds Which
Constitute Such a Nuisance, and Providing Notice of the Adoption of the Resolution by Publication
Thereof Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
D. Request for the Removal and Replacement of a Tree at 1456 Swallow Lane
Item X.D. Request for Removal and Replacement of Tree at 1456 Swallow Lane
Motion to approve Motion to Follow the Commission recommendation. Moved by Mayor Al Pinheiro,
seconded by Council Member Perry Woodward.
Motion to approve Receive Report Moved by Mayor Pro Tempore Cat Tucker, seconded by Council
Member Perry Woodward.
E. Request to Join the Bay Area Rapid Enforcement Allied Computer Team (REACT) Task Force
Item X.E. Request to Join Bay Area Rapid Enforcement Allied Computer Team (REACT) Task Force
F. Appointment to the Building Board of Appeals
Item X.F. Appointment to Building Board of Appeals
G. Presentation of Fiscal Year 2010/2011 Audited Financial Statements
Item X.G. Presentation of FY 2010/2011 Audited Financial Statements
B. City Truck Route Modification - Removal of Truck Route on Murray Avenue, IOOF Avenue, Forest
Street and Lewis Street
Motion to approve Motion to Adopt Resolution 2012-06 of the City Council of the City of Gilroy
Designating and Describing Truck Traffic Routes Within the City Moved by Council Member Bob Dillon,
seconded by Council Member Peter Leroe-Munoz.
B. Approval of First Amendment to Agreement with Santa Clara County for the Abatement of Weeds
Possible Action Motion to Approve the First Amendment to Agreement with Santa Clara County for the
Abatement of Weeds
B. Approval of First Amendment to Agreement with Santa Clara County for the Abatement of Weeds
Motion to approve B. Approval of First Amendment to Agreement with Santa Clara County for the
Abatement of Weeds Possible Action Motion to Approve the First Amendment to Agreement with Santa
Clara County for the Abatement of Weeds Moved by Mayor Pro Tempore Cat Tucker, seconded by
Council Member Peter Leroe-Munoz.
Motion to approve Motion to Appoint one Member to the Building Board of Appeals Moved by Council
Member Perry Woodward, seconded by Council Member Bob Dillon.
Motion to approve Motion to Appoint one Member to the Building Board of Appeals Moved by Council
Member Perry Woodward, seconded by Council Member Bob Dillon.
E. Request to Join the Bay Area Rapid Enforcement Allied Computer Team (REACT) Task Force
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
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XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to CA. Government Code
Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Donald Sipple, John
Simon, Karl Simonsen and Christopher Jacobs, Settlement representatives; New Cingular Wireless
PCS, LLC v. The City of Alameda, California, et al. Superior Court, County of Los Angeles, Case No.
BC462270
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and
Gilroy City Code Section 17A.8 (a) (4) Name/Title: Thomas Haglund, City Administrator
Motion to approve Motion to adjourn to Closed Session on Item XIII.A. Moved by Council Member
Bob Dillon, seconded by Council Member Peter Arellano MD.
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