HomeMy WebLinkAbout2012-07-16 City Council Regular MeetingCity Council
Regular Meeting
7/16/2012 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
4. Roll Call
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:02:28)
B. Orders of the Day
C. Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
1. Proclamation Honoring Gilroy High School Winter Guard for Their 2012 Championship Season
Winter Guard Proclamation
2. Proclamation Honoring CNN 2012 "Hero" Award Recipient Mary Cortani
CNN Hero Mary Cortani Proclamation
3. Willey House Historic House Award
Wiley House Award
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
Public Comment
B. Gilroy Gardens Annual Presentation to Council
C. Community Media Access Partnership (CMAP) Annual Presentation to Council
D. Santa Clara Valley Water District (SCVWD) Presentation Requesting Support of the Safe, Clean
Water and Natural Flood Protection Plan Ballot Measure
SCVWD Ballot Measure
C. Community Media Access Partnership (CMAP) Annual Presentation to Council
D. Santa Clara Valley Water District (SCVWD) Presentation Requesting Support of the Safe, Clean
Water and Natural Flood Protection Plan Ballot Measure
IV. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco
2. Mayor Pro Tempore Tucker
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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 the June 18, 2012 Regular Meeting
Minutes of June 18, 2012
B. Minutes of the June 25, 2012 Special City Council Meeting
Minutes of June 25, 2012
C. Funding Agreement Between the City of Gilroy and the Santa Clara Valley Transportation Authority
for 2010 Measure "B" Vehicle Registration Fee Local Road Improvement and Repair Program Funds
VTA Agreement
D. Notice of Acceptance of Completion of the New Public Library Project, No. 10-CDD-173
Library NOC
E. Agreement Amendment Number One (1) with the California Department of Transportation for
Maintenance of State Highways in the City of Gilroy
Highway Agreement
F. Claim of Douglas Nelsen (a "yes" vote under the Consent Calendar shall constitute the denial of the
claim)
Douglas Nelsen Claim
G. Claim of Christine Chase (a "yes" vote under the Consent Calendar shall constitute the denial of the
claim)
Christine Chase Claim
Motion to enter closed session G. Claim of Christine Chase (a "yes" vote under the Consent Calendar
shall constitute the denial of the claim) to address in closed session Moved by Council Member Bob
Dillon, seconded by Council Member Perry Woodward.
H. Approval of the Write Off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of
$39,018.05
Write Offs
I. Budget Amendment in the Amount of $30,000.00 for Highway 152 2002 and 2006 Series Agency
Funds for Fiscal Year 2011/2012
Budget Amendment
Motion to approve Motion to Approve Consent Calendar Items A, B, C, D, E, F, H, I Moved by Council
Member Peter Leroe-Munoz, seconded by Mayor Pro Tempore Cat Tucker.
VII. BIDS AND PROPOSALS
A. Award of Consultant Services Contract with Harris and Associates, Inc. for On-Call Engineering and
City Surveyor Services
Harris and Associates Consultant Services
Motion to continue Motion to Approve Consultant Services Contract with Harris and Associates, Inc.
for On-Call Engineering and City Surveyor Services Moved by Mayor Pro Tempore Cat Tucker,
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seconded by Council Member Peter Arellano MD.
VIII. PUBLIC HEARINGS
A. Public Hearing to Consider the Report of Abatement of Weeds and Refuse Within the City of Gilroy
and Confirming Imposition of Assessment Liens Against the Land
Weed Abatement Liens
Motion to approve Motion to Adopt Resolution 2012-33 of the City Council of the City of Gilroy
Confirming the Report of the Chief of the Fire Department Setting Forth the Description of the
Property, Naming the Owner’s Thereof, and Confirming the Costs of Abating the Nuisance Caused by
the Growing of Weeds and Accumulation of Refuse on the Property, and Providing that Such Costs
Shall Constitute Assessments Against the Land Moved by Council Member Peter Arellano MD,
seconded by Mayor Pro Tempo
B. Public Hearing to Consider the Adoption of an Urgency Interim Ordinance of the City Council of the
City of Gilroy Extending for a Period of One Year Urgency Interim Ordinance No. 2011-11 Prohibiting
the Approval of Any Residential Development Project East of Highway 101
Urgency Interim Ordinance
Motion to approve Motion Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano MD.
B. Public Hearing to Consider the Adoption of an Urgency Interim Ordinance of the City Council of the
City of Gilroy Extending for a Period of One Year Urgency Interim Ordinance No. 2011-11 Prohibiting
the Approval of Any Residential Development Project East of Highway 101
Motion to approve Motion to Adopt Urgency Interim Ordinance 2012-10 of the City Council of the City
of Gilroy Extending for a Period of One Year Urgency Interim Ordinance No. 2011-11 Prohibiting the
Approval of Any Residential Development Project East of Highway 101 Moved by Council Member
Perry Woodward, seconded by Council Member Bob Dillon.
IX. UNFINISHED BUSINESS
A. Discussion of South Valley Middle School Pool Repairs and Maintenance Cost Update
South Valley Pool
Motion to approve Receive Report and Provide Direction to Staff to let the school district know the
city's intention and get independent analysis of the needed repairs and ongoing costs for review by
the Council. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano
MD.
X. INTRODUCTION OF NEW BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 15, Article 1 of the Gilroy
City Code, Prohibiting Jaywalking Near Schools and in Other Areas of the City
Jaywalking Ordinance
Motion to approve Motion Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker.
A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 15, Article 1 of the Gilroy
City Code, Prohibiting Jaywalking Near Schools and in Other Areas of the City
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Chapter 15, Article 1 of the Gilroy City Code, Prohibiting Jaywalking Near Schools and in
Other Areas of the City Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
B. Consideration of Adoption of a Resolution of Intention to Form a Tourism Business Improvement
District and to Levy and Collect Assessments
TBID Intention
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Motion to approve Motion Adopt Resolution 2012-34 of the City Council of the City of Gilroy Declaring
Its Intention to Establish the City of Gilroy Tourism Business Improvement District and to Levy and
Collect Assessments Within Such District Pursuant to the Property and Business Improvement District
Law of 1994, Part 7 of division 18, of the California Streets and Highways Code, and Appointing a
Time and Place for a Public Meeting and Public Hearing Thereon and Giving Notice Thereof Moved by
C. Selection of Possible Properties for High Density Residential Designation and Rezoning
High Density Candidate Sites
Motion to approve Motion to Select Candidate Areas for Further Analysis and Possible Rezoning as
High Density Residential Designation, with staff recommendations with the deletion of the GUSD
property - areas 2 , 3, 4, 5, a, b c, 6, 7a-9 Moved by Council Member Perry Woodward, seconded by
Council Member Bob Dillon.
D. Discussion of Gilroy Open Government Commission Composition
OG Commission Members
Motion to approve Motion direct staff to prepare an ordinance amending Code section 17A. with
regards to commission membership to become a 5 member Commission with 2 members of Council
and 3 members of the public with sunset provision of 12/2013 for a full 5 member citizen commission
Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/HIRING; Pursuant to Government Code Section 54957 (b); Gilroy
City Code Section 17A.8 (a) (4) Title of Position to Be Filled: Interim Fire Chief
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
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section
54956.8; Gilroy City Code Section 17A.8 (a) (2) Property: 7350 Rosanna Street, Gilroy, California
(Corner of 7th and Rosanna Streets) Agency Negotiators: Thomas Haglund, City Administrator; Rick
Smelser, City Engineer Other Party to Negotiations: Santa Clara County Under Negotiations: Price and
Terms of Payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section
54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7400 Monterey Street, Gilroy, California
(Old City Hall at the Corner of 6th and Monterey Streets) Agency Negotiators: Thomas Haglund, City
Administrator; Christina Turner, Finance Director Other Party to Negotiations: Adam Sanchez Under
Negotiations: Lease Terms
Motion to approve Motion to Assert the Attorney Client Privilege on Item XIII.B and Adjourn to Closed
Session Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-
Munoz.
XIII. CLOSED SESSION
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