HomeMy WebLinkAbout2011-03-07 City Council Regular MeetingCity Council
Regular Meeting
3/7/2011 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 (5 Present, 2 Absent, 0 Excused) (Recorded at 00:04:15)
4. Roll Call
B. Orders of the Day
I. Interviews for One (1) Open Seat on the Historic Heritage Committee, and One (1) Open Seat on the
Parks and Recreation Commission
Interviews
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
1. Proclamation Honoring Robert Bentson for His Heroic Efforts on December 31, 2010
Item II.A.1. Proclamation Honoring Robert Bentson
2. Proclamation Naming May 21, 2011 as Leadership Gilroy Day
Item II.A.2. Proclamation for Leadership Gilroy Day
3. Proclamation in Honor of Cecilia Martinez's 100th Birthday
Item II.A.3. Proclamation in Honor of Cecelia Martinez
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.
Item III.A. Public Comment
B. Presentation of a Donation of $6,400.00 by the Gilroy Tennis Club to the City of Gilroy for the
Resurfacing of Two (2) Tennis Courts at Las Animas Veteran's Park
Item III.B. Donation by the Gilroy Tennis Club
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
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6. Council Member Dillon
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Motion to approve to accept donation. Moved by Council Member Peter Leroe-Munoz, seconded by
Council Member Bob Dillon.
VI. CONSENT CALENDAR; All matters listed under the Consent Calendar are considered by the City
Council to be routine and will be enacted by one motion.
A. Minutes of February 7, 2010 Regular Meeting
Item VI.A. Minutes of 2-7-11
B. Minutes of February 9, 2010 Special Meeting
Item VI.B. Minutes of 2-9-11
C. Minutes of February 28, 2011 Special Meeting
Item VI.C. Minutes of 2-28-11
D. Opening of the Recruitment for One (1) Open Seat on the Youth Commission
E. Ordinance 2011-02 of the City Council of the City of Gilroy Approving Application Z 10-05 for a
Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family
Residential-Planned Unit Development) on Approximately 7.6 Acres Located South of Sprig Way,
Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 (Introduced 2/7/2011 with a 7-0
vote)
Item VI.E. Ordinance Approving Z 10-05
F. Resolution 2011-12 of the City Council of the City of Gilroy Approving TM 10-04, a Tentative Map of
the Rancho Meadows IV Residential Subdivision on Approximately 7.6 Acres Located South of Sprig
Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 (Public hearing held January
24, 2011 with a 7-0 vote)
Item VI.F. Resolution Approving TM 10-04
G. A Resolution 2011-13 of the City Council of the City of Gilroy Approving A/S-PUD 10-19, An
Application for Architectural and Site Approval of the Rancho Meadows IV Subdivision Located South of
Sprig Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 (Public hearing held
January 24, 2011 with a 7-0 vote)
Item VI.G. Resolution Approving A/S PUD 10-19
H. An Ordinance 2011-03 of the City Council of the City of Gilroy Amending the Gilroy City Code
Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and Providing
that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until
December 31, 2013, and Amending Section 7.4 (Introduced 2/7/2011 with a 7-0 vote)
Item VI.H. Ordinance Modifying Boundaries of the Zero Fee Area
Motion to approve Ordinance 2011-03 of the City Council of the City of Gilroy Amending the Gilroy City
Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and
Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are
Eliminated Until December 31, 2013, and Amending Section 7.4 with edit. Moved by Council Member
Bob Dillon, seconded by Council Member Dion Bracco.
I. A Resolution 2011-14 of the City Council of the City of Gilroy of Local Support of the Metropolitan
Transportation Commission (MTC) Grant Funding Application for the Santa Clara County Vehicle
Emissions Reductions Based at Schools (VERBS) Grant (report attached)
Item VI.I. Resolution of Support of MTC Grant Funding Application
J. Claim of Marta Dinsmore (a "yes" vote under the Consent Calendar shall constitute the denial of the
claims) (report attached)
Item VI.J. Claim of Marta Dinsmore
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K. Claim of Jeanette Bischoff (a "yes" vote under the Consent Calendar shall constitute the denial of the
claims) (report attached)
Item VI.K. Claim of Jeanette Bischoff
L. Claim of Gennaro Filice (a "yes" vote under the Consent Calendar shall constitute the denial of the
claims) (report attached)
Item VI.L. Claim of Gennaro Filice
M. An Ordinance 2011-04 of the City Council of the City of Gilroy Approving Z 10-07 to Amend the
Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right , Ground Floor Office Uses for A
Period of Three (3) Years in the Downtown Historic District (Introduced 2/7/2011 with a 7-0 vote)
Item VI.M. Ordinance Allowing Ground Floor Offices in DHD for 3 Years
Motion to approve Ordinance 2011-04 of the City Council of the City of Gilroy Approving Z 10-07 to
Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right , Ground Floor Office
Uses for A Period of Three (3) Years in the Downtown Historic District (Introduced 2/7/2011 with a 7-0
vote) Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz.
Motion to approve Motion to approve consent calendar items A, B, C, D, E, F, G, I, J, K, L. Moved by
Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz.
VII. BIDS AND PROPOSALS
A. Award of Contract for Gilroy Sports Park Copper Wire Repair, Project No. 11-PW-187 to Beltramo
Electric, Inc. in the Amount of $58,000.00, and Authorization to the City Administrator to Execute
Related Documents (report attached)
Item VII.A. Award of Contract for Gilroy Sports Park Copper Wire Repair
Motion to approve Motion to Approve Award of Contract for Gilroy Sports Park Copper Wire Repair,
Project No. 11-PW-187 to Beltramo Electric, Inc. in the Amount of $58,000.00, and Authorization to
the City Administrator to Execute Related Documents Moved by Council Member Dion Bracco,
seconded by Council Member Peter Arellano MD.
B. Award of Contract for Upgrade to the City Water Meter Radio Read Technology to Golden State Flow
Measurement, Inc. in the Amount of $100,510.00, and Authorization to the City Administrator to
Execute Related Documents (report attached)
Item VII.B. Award of Contract to Golden State Flow Measurement
Motion to approve Motion to Approve Contract to Golden State Flow Measurement, Inc. in the Amount
of $100,510.00, Authorization to the City Administrator to Execute Related Documents Moved by
Council Member Peter Arellano MD, seconded by Council Member Dion Bracco.
VIII. PUBLIC HEARINGS;Persons who wish to speak on matters set for a PUBLIC HEARING will be heard
when the Mayor opens the public hearing.
A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program, and
Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing
and Refuse Accumulating Upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy
Code
Item VIII.A. Weed Abatement Program
IX. UNFINISHED BUSINESS
A. Appointments to One (1) Open Seat on the Historic Heritage Committee, and One (1) Open Seat on
the Parks and Recreation Commission (report attached)
Item IX.A. Appointments to HHC and Parks & Rec Commission
Motion to approve Motion to Appoint to One (1) Open Seat on the Historic Heritage Committee with a
Term Expiration of 12/31/2011 and to One (1) Open Seat on the Parks and Recreation Commission
with a Term Expiration of 12/31/2011 Moved by Council Member Bob Dillon, seconded by Council
Member Peter Arellano MD.
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X. INTRODUCTION OF NEW BUSINESS
A. Update on Gaming Ordinance Trial Period
Item X.A. Update on Gaming Ordinance Trial Period
Motion to approve Motion to Permanently Approve No Bust 21st Century Blackjack 5.1 as a Permitted
Game Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco.
B. Annual Investment Report Update
Item X.B. Annual Investment Report Update
Motion to approve adoption of reinvestment policy. Moved by Council Member Dion Bracco, seconded
by Council Member Bob Dillon.
C. Fiscal Year 2010-2011 Second Quarter Budget Review
Item X.C. Fiscal year 2010-2011 Second Quarter Budget Review
Motion to approve Receive Report Moved by Council Member Bob Dillon, seconded by Council Member
Dion Bracco.
D. Review of the Residential Blight Ordinance
Item X.D. Review of Residential Blight Ordinance
Motion to approve Receive Report and Provide Direction to Staff Moved by Council Member Bob Dillon,
seconded by Council Member Dion Bracco.
A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program, and Adoption
of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse
Accumulating Upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy Code
Motion to approve Motion to Adopt Resolution 2011-11 of the City Council of the City of Gilroy Ordering
the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon
Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code Moved by Council
Member Bob Dillon, seconded by Council Member Dion Bracco.
XI. CITY ADMINISTRATOR'S REPORTS
A. Consent to Appointments of Department Heads to the Positions of Community Development Director,
Public Works Director and Recreation Director (report attached)
Item XI.A. Consent to Appointments of Department Heads
Motion to approve Motion to Consent to City Administrator's Appointment of Kristi Abrams as
Community Development Director, Rick Smelser as Public Works Director, and Maria DeLeon as
Recreation Director. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco.
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government Code Section 54956.8
and Gilroy City Code Section 17A.8 (a) (2); Property: 7255, 7257, 7259, 7261 Monterey Street, Gilroy,
California (APN 799-09-059); Negotiators:Thomas Haglund, City Administrator; Kristi Abrams, Acting
Community Development Director; 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.
1. Receive Advice from City Attorney re: Reasons for Closed Session on Item XIII.B.
2. Public Comment on Closed Session Items
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3. Motion to Adjourn to Closed Session on Item XIII.B.
1. ADJOURN TO OPEN SESSION
Motion to approve 3. Motion to Adjourn to Closed Session on Item XIII.B. Moved by Council Member
Dion Bracco, seconded by Council Member Bob Dillon.
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