HomeMy WebLinkAbout2012-09-17 City Council Regular MeetingCity Council
Regular Meeting
9/17/2012 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
Roll call (6 Present, 1 Absent, 0 Excused) (Recorded at 00:05:10)
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Introductions - None
1. Interviews to Fill (6) Six Open Seats on the Youth Commission
Interviews
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:10:44)
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 Please limit your comments to 3
minutes.
B. Physically Challenged Board of Appeals Annual Presentation to Council
C. Gilroy Welcome Center Annual Presentation to Council
Item III.C. Gilroy Welcome Center Annual Presentation
I. Study Session on the Santa Clara Valley Habitat Plan
Study Session
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
1. Proclamation Naming September 17th - 23rd, 2012 as Constitution Week
Item II.A.1. Proclamation Constitution Week
2. Arbor Day Proclamation
Item II.A.2. Proclamation Arbor Day
3. Proclamation Naming September 24, 2012 as Family Day, a Day to Eat Dinner with Your Children
Item II.A.3. Proclamation Family Day
IV. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco
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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. Claim of Fred Golden
Item VI.A. Claim of Fred Golden
B. Claim of Stephanie and Antonio Indindoli
Item VI.B. Claim of Stephanie and Antonio Indindoli
C. Claim of Jesse Valasquez
Item VI.C. Claim of Jesse Valasquez
Motion to approve Motion to approve consent calendar items A, B, C Moved by Council Member Perry
Woodward, seconded by Council Member Peter Leroe-Munoz.
Motion to approve Motion to Award the VERBS Safe Route to School Project to FBD Vanguard
Construction Inc. in the Total Amount of $651,952.67, Project No. 12-PW-199 Moved by Council
Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker.
VII. BIDS AND PROPOSALS
A. Award the VERBS Safe Route to School Project to FBD Vanguard Construction Inc. in the Total
Amount of $651,952.67, Project No. 12-PW-199
Item VII.A. Award the VERBS Safe Route to School Project
VIII. PUBLIC HEARINGS
A. Continued Public Hearing of the City of Gilroy Declaring the Results of Majority Protest Proceedings,
Establishing the City of Gilroy Tourism Business Improvement District, and Levying Assessments
Therein
Item VIII.A. Continued Public Hearing Establishing the City of Gilroy Tourism Business Improvement
District
B. Public Hearing to Consider the Demolition and Removal of an Existing Vacant City Owned Building,
and Architectural and Site Review for the Construction of an Approximately 12-foot Wide Paved
Pedestrian Paseo on a Property Located at 7453 Monterey Street (APN 799-07-054), A/S 12-30
Item VIII.B. Public Hearing to Consider Demolition of 7453 Monterey Street
Motion to approve Motion to Approve a Negative Declaration Finding That; (a) it is Complete and in
Compliance with CEQA; (b) That it Reflects the Independent Judgment of the City; and (c) There is
no Substantial Evidence That the Project will Have a Significant Effect on the Environment Moved by
Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker.
B. Public Hearing to Consider the Demolition and Removal of an Existing Vacant City Owned Building,
and Architectural and Site Review for the Construction of an Approximately 12-foot Wide Paved
Pedestrian Paseo on a Property Located at 7453 Monterey Street (APN 799-07-054), A/S 12-30
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Motion to approve Motion to Adopt Resolution 2012-37 of the City Council of the City of Gilroy
Approving A/S 12-30, an Application for Architectural and Site Approval for the Demolition of a
Commercial Building on a Property Located on a 0.06 Gross Acre Site Located in the Downtown
Historic Zoning District at 7453 Monterey Street, APN 799-07-054 Moved by Council Member Bob
Dillon, seconded by Mayor Pro Tempore Cat Tucker.
A. Continued Public Hearing of the City of Gilroy Declaring the Results of Majority Protest Proceedings,
Establishing the City of Gilroy Tourism Business Improvement District, and Levying Assessments
Therein
Motion to approve Motion to Adopt Resolution 2012-36 of the City Council of the City of Gilroy
Declaring the Results of Majority Protest Proceedings, Establishing the City of Gilroy Tourism Business
Improvement District, and Levying Assessments Moved by Council Member Bob Dillon, seconded by
Mayor Pro Tempore Cat Tucker.
IX. UNFINISHED BUSINESS
A. Building Occupancy Structural Upgrade Cost Analysis for a City Building Located at 7341 Monterey
Street for Interim Use by the Gilroy Arts Alliance
Item IX.A. Building Occupancy Structural Upgrade Cost Analysis
Motion to approve continue to the 15th of October and hold a study session prior. Moved by Council
Member Dion Bracco, seconded by Mayor Pro Tempore Cat Tucker.
X. INTRODUCTION OF NEW BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 17.A,
Article IV, Section 17A.35 of the Gilroy City Code to Change the Composition of the Open Government
Commission
Item X.A. Intro of Ordinance to Change the Composition of the Open Government Commission
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading Moved by
Council Member Dion Bracco, seconded by Council Member Bob Dillon.
A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 17.A,
Article IV, Section 17A.35 of the Gilroy City Code to Change the Composition of the Open Government
Commission
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Chapter 17A, Article IV, Section 17A.35 of the Gilroy City Code to Change the Composition
of the Open Government Commission with wording change to commission in 17A.35 (a) Moved by
Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz.
B. Review of the Parks and Recreation Facilities Memorial Recognitions, Gift and Sponsorship Policy
Item X.B. Review of the Parks and Recreation Facilities Memorial Recognitions, Gift and Sponsorship
Policy
C. 2013 City Council Regular Meetings Calendar
Item X.C. City Council Regular Meetings Calendar
Motion to approve to approve the calendar. Moved by Mayor Pro Tempore Cat Tucker, seconded by
Council Member Dion Bracco.
I. ADJOURN TO THE MEETING OF THE BOARD OF DIRECTORS OF THE COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF GILROY
Motion to approve Motion to Adjourn to the Meeting of the Board of Directors of the Community
Development Agency of the City of Gilroy Moved by Council Member Peter Leroe-Munoz, seconded by
Council Member Dion Bracco.
A. Adoption of a Resolution of the Board of Directors of the Community Development Agency In
Review of the Conflict of Interest Code for the Community Development Agency of the City of Gilroy
Community Development Agency Adoption of Resolution of Board of Directors of CDA
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Motion to approve Motion to Adopt Resolution 2012-01 of the Board of Directors of the Community
Development Agency in Review of the Conflict of Interest Code for the Community Development
Agency of the City of Gilroy Pursuant to Its Biennial Review Moved by Council Member Perry
Woodward, seconded by Council Member Bob Dillon.
I. ADJOURN TO THE MEETING OF THE CITY COUNCIL OF THE CITY OF GILROY
Motion to approve Motion to Adjourn to the Meeting of the City Council of the City of Gilroy Moved by
Council Member Bob Dillon, seconded by Council Member Peter Arellano MD.
D. Adoption of a Resolution of the City Council of the City of Gilroy in Review of the Conflict of Interest
Code for the Community Development Agency of the City of Gilroy
Item X.D. Adoption of Resolution in Review of the Conflict of Interest Code for the CDA
Motion to approve Motion to Adopt Resolution 2012-38 of the City Council of the City of Gilroy in
Review of the Conflict of Interest Code for the Community Development Agency of the City of Gilroy
Pursuant to Its Biennial Review Moved by Council Member Dion Bracco, seconded by Council Member
Peter Arellano MD.
E. Adoption of a Resolution of the City Council of the City of Gilroy Approving the City Conflict of
Interest Code Pursuant to Its Biennial Review
Item X.E. Adoption of Resolution Approving City Conflict of Interest Code Pursuant to Its Biennial
Review
Motion to approve Motion to Adopt Resolution 2012-39 of the City Council of the City of Gilroy
Approving the City Conflict of Interest Code Pursuant to Its Biennial Review Moved by Council
Member Dion Bracco, seconded by Council Member Peter Arellano MD.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957,
Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk
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
C. 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
Motion to approve Motion to Assert the Attorney Client Privilege on Item XIII.B and Adjourn to Closed
Session Moved by Council Member Peter Leroe-Munoz, seconded by Council Member Perry
Woodward.
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