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Home My WebLink About2011-01-10 City Council Regular MeetingCity Council Regular Meeting 1/10/2011 6:00 PM City Council Chambers, City Hall 7351 Rosanna Street Gilroy, CA 95020 Downloads: Video I. Interviews for Housing Advisory Committee and Parks and Recreation Commission Interviews STUDY SESSION I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 01:22:55) 4. Roll Call B. Orders of the Day C. Proclamations, Awards and Presentations 1. Proclamation Honoring Don Gage as Outgoing Santa Clara County Supervisor 2. Proclamation Naming the Month of January, 2011 as National Blood Donor Month Item I.C.2. Proclamation for National Blood Donor Month 3. Proclamation Recognizing April 30, 2011 as Arbor Day Item I.C.3. Proclamation for Arbor Day 4. Presentation of the 2010 Young Artists Poster Contest "Judges Favorites" Awards STUDY SESSION I. Review of California High Speed Rail Conceptual At-Grade Separation Locations Study Session High Speed Rail 1. Proclamation Honoring Don Gage as Outgoing Santa Clara County Supervisor II. 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. Item II Public Comment B. Public Art Committee Annual Presentation to Council III. REPORTS OF COUNCIL MEMBERS 1. Council Member Bracco 2. Mayor Pro Tempore Tucker 3. Council Member Arellano 11/13/24, 8:41 AM 2011/01/10 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1383&Print=Yes 1/5 4. Council Member Woodward 5. Council Member Leroe-Muñoz 6. Council Member Dillon 7. MAYOR'S REPORT IV. FUTURE COUNCIL INITIATED AGENDA ITEMS V. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed on the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There is no separate discussion of these items unless a request is made by a Councilmember or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. A. Minutes of December 6, 2010 Regular Meeting Item V.A. Minutes of December 6, 2010 B. A Resolution 2011-01 of the City Council of the City Gilroy Making Required Findings Concerning Significant Effects, Mitigation Measures and Alternatives, and Adopting Statements of Overriding Considerations for the Rancho San Ysidro Commercial/Industrial Subdivision and Development (TM 04- 15; Item V.B. Resolution Rancho San Ysidro C. A Resolution 2011-02 of the City Council of the City Gilroy Approving TM 04-15, a Tentative Map of the Commercial and Industrial Rancho San Ysidro Subdivision on Approximately 59.7 Acres Located at the Northeast Corner of Highway 152 and Camino Arroyo, APN 841-18-082 (Public Hearing held 12/6/2010 with a 7-0 vote) Item V.C. Resolution approving TM 04-15 Rancho San Ysidro D. A Resolution 2011-03 of the City Council of the City Gilroy Approving A/S 04-62, An Application for Architectural and Site Approval of Design Guidelines for Future Buildings at the Rancho San Ysidro Subdivision Located on the Northeast Corner of Highway 152 and Camino Arroyo, APN 841-18-082 (Public Hearing held 12/6/2010 with a 7-0 vote) Item V.D. Resolution approving A/S 04-62 Rancho San Ysidro E. Adoption of an Ordinance 2011-01 of the City Council of the City of Gilroy Amending Section 2.13(A) of the Gilroy City Code Revising the Start Time of Regular Meetings of the City Council to 6:00 p.m. (Introduced 12/6/2010 with a 7-0 vote) Item V.E. Adoption of Ordinance re Meeting Start Time F. Adoption of a Resolution 2011-04 of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City of Gilroy to be a Public Nuisance, Describing Weeds Which Constitute Such Nuisance, and Providing Notice of the Adoption of the Resolution by Publication Thereof Item V.F. Adoption of Resolution Declaring Weeds Public Nuisance G. Claim of Leonard Gutierrez (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Item V.G. Claim of Leonard Gutierrez H. Claim of Mollie Maness (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Item V.H. Claim of Mollie Maness I. Claim of Allan Sundquist (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Item V.I. Claim of allan Sundquist 11/13/24, 8:41 AM 2011/01/10 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1383&Print=Yes 2/5 J. Acceptance of Chestnut Street Bicycle and Pedestrian Bridge Project Notice of Completion, Project 09-CDD-169/CML-5034 (015) Item V.J. Chestnut Street Bicycle & Pedestrian Bridge Motion to approve Motion to Approve Consent Calendar Moved by Council Member Dion Bracco, seconded by Council Member Perry Woodward. VI. BIDS AND PROPOSALS - None VII. PUBLIC HEARINGS A. Residential Development Housing Exemption Request for the Allocation of 42-Residential Units Under Section 50.62 (b) (11) of the City Zoning Code for a Property Zoned R1-PUD (Single Family Residential- Planned Unit Development) Located on Wildflower Court at Mesa Road, APN's 810-28-024 through 037, Duffy and Guenther c/o Ralph Guenther, Applicant; RDO-HE 10-02 * (Item continued from 11-1- 2010)*APPLICANT REQUESTS CONTINUANCE Item VII.A. RDO Wildflower Court A. Residential Development Housing Exemption Request for the Allocation of 42-Residential Units Under Section 50.62 (b) (11) of the City Zoning Code for a Property Zoned R1-PUD (Single Family Residential-Planned Unit Development) Located on Wildflower Court at Mesa Road, APN's 810-28-024 through 037, Duffy and Guenther c/o Ralph Guenther, Applicant; RDO-HE 10-02 * (Item continued from 11-1-2010)*APPLICANT REQUESTS CONTINUANCE A. Residential Development Housing Exemption Request for the Allocation of 42-Residential Units Under Section 50.62 (b) (11) of the City Zoning Code for a Property Zoned R1-PUD (Single Family Residential-Planned Unit Development) Located on Wildflower Court at Mesa Road, APN's 810-28-024 through 037, Duffy and Guenther c/o Ralph Guenther, Applicant; RDO-HE 10-02 * (Item continued from 11-1-2010)*APPLICANT REQUESTS CONTINUANCE VIII. UNFINISHED BUSINESS A. Selection and Appointment of Members to City Boards, Commissions and Committees with Terms Expiring December 31, 2012 and December 31, 2014 Item VIII.A. Selection and Appointment to Boards, Commissions and Committees Motion to approve Motion to Appoint Members to the Arts and Culture Commission, Bicycle Pedestrian Commission, Building Board of Appeals, Historic Heritage Committee, Housing Advisory Committee, Library Commission, Parks and Recreation Commission, Personnel Commission, Physically Challenged Board of Appeals, Planning Commission and Public Art Committee Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. B. A Resolution of the City Council of the City of Gilroy Approving TM 04-02, a Tentative Map for a Nine- lot Condominium Subdivision on Approximately 0.16 Acres Located at 66 Third Street, APN 799-04-022 (public hearing held 12/6/2010 with a 6-0-1 vote, Council Member Bracco voting no) Item V.B. Resolution approving TM 04-02 Condominium at 66 Third Street Motion to approve Motion to Adopt a Resolution 2011-05 of the City Council of the City of Gilroy Approving TM 04-02, a Tentative Map for a Nine-lot Condominium Subdivision on Approximately 0.16 Acres Located at 66 Third Street, APN 799-04-022 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. C. Welburn Avenue Neighborhood Traffic Study Update Item V.C. Welburn Avenue Neighborhood Traffic Study Update Motion to approve To take no action - not conduct the study. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. D. Welburn Avenue - Installation of Temporary Speed Humps Item V.D. Welburne Avenue Installation of Temporary Speed Humps 11/13/24, 8:41 AM 2011/01/10 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1383&Print=Yes 3/5 Motion to approve Motion to not install the speed humps. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. IX. INTRODUCTION OF NEW BUSINESS A. Appointment of (3) Three Council Members to the Open Government Commission With Terms Expiring December 31, 2012 Motion to approve to appoint Pinheiro, Leroe-Munoz, Woodward Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. Motion to approve Motion to Appoint Pinheiro, Leroe-Munoz, and Wodoward Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. Motion to approve Motion to Appoint Bracco, Woodward and Pinheiro Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Motion to approve Motion to Appoint Bracco, Leroe Munoz and Pinheiro Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro Tempore Cat Tucker. B. Appointments of Council Representatives to Boards and Advisory Committees Item IX.B. Appointment of Council Reps to Boards and Advisory Committees Motion to approve Motion to Appoint Council Members as Representatives to Boards and Advisory Committees as recommended by the Mayor. Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat Tucker. X. CITY ADMINISTRATOR'S REPORTS XI. CITY ATTORNEY'S REPORTS XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8(a)(2); Properties: 7350/7360/7370/7380/7390 Dowdy Street, Gilroy, Ca.; Negotiators:Thomas Haglund, City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH LEGAL COUNSEL-- EXISTING LITIGATION; Pursuant to California Government Code Section 54956.9(a) and Gilroy City Code Section 17A.8 (a) (3):The People of the State of California (The City of Gilroy, California) v. BDS Capital, Inc., Daniel Shaw, individual person, Principal BDS Capital, Inc.; Superior Court of California, Santa Clara County Judicial District; Case No, FF930886; Complaint filed against BDS Capital on May 4, 2009, amended to include Mr. Shaw on March 26, 2010.; Motion to approve B. adjourn Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4); Name/Title: Shawna Freels, City Clerk 1. ADJOURN TO OPEN SESSION; Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (e) 2. ADJOURNMENT TO THE MEETING OF JANUARY 24, 2011 11/13/24, 8:41 AM 2011/01/10 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1383&Print=Yes 4/5 Powered by Granicus 11/13/24, 8:41 AM 2011/01/10 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1383&Print=Yes 5/5