HomeMy WebLinkAbout2011-07-18 City Council Regular MeetingCity Council
Regular Meeting
7/18/2011 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 (6 Present, 1 Absent, 0 Excused) (Recorded at 00:01:10)
4. Roll Call
B. Orders of the Day
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations - None
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
IV. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco
2. Mayor Pro Tempore Tucker
Item IV.2. Report of 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
A. Consideration of Agendizing Presentation by Tim Gavin
Item V.A. Consideration of Agendizing Presentation by Tim Gavin
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:08:32)
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of June 6, 2011 Regular Meeting
Item VI.A. Minutes of June 6, 2011
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B. Minutes of June 13, 2011 Regular Meeting
Item VI.B. Minutes of June 13, 2011
C. Opening Recruitment for One (1) Open Seat on the Bicycle Pedestrian Commission
Item VI.C. Opening Recruitment for Open Seat on Bicycle Pedestrian Commission
D. Notice of Acceptance of Completion for the Christmas Hill Park Parking Lot Resurfacing Project,
Project No. 11-CDD-186
Item VI.D. Notice of Acceptance of Completion Christmas Hill Parking Lot Resurfacing Project
E. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of
$60,732.85
Item VI.E. Approval of Write Off of Uncollectible Delinquent Water & Sewer Accounts
F. Approval of Waste Load Allocation Attainment Plan
Item VI.F. Approval of Waste Load Allocation Attainment Plan
G. Notice of Acceptance of Completion for the Reservoir Painting Level Gauge Project, Project No.
C7200913
Item VI.G. Notice of Acceptance of Completion Reservoir Painting Level Gauge Project
H. Adoption of the Mitigated Negative Declaration and Adoption of Resolution 2011-36 of the City
Council of the City of Gilroy Approving A/S 09-08, An Application for Architectural and Site Approval
for the Demolition of Buildings on Three (3) Properties Located at 7347, 7353 and 7355 Monterey
Street, Gilroy, in the Downtown Civic/Cultural Arts District; APN's 799-08-039, 799-08-040,and 799-
08-041
Item VI.H. Mitigated Negative Dec & Reso Approving A/S 09-08 Demolition of 3 Properties on
Monterey Street
Motion to approve consent calendar items Moved by Council Member Dion Bracco, seconded by
Council Member Perry Woodward.
VII. BIDS AND PROPOSALS - None
VIII. PUBLIC HEARINGS - None
IX. UNFINISHED BUSINESS
A. Adoption of An Ordinance of the City Council of the City of Gilroy Amending Chapters 3B and 16 of
the Gilroy City Code Regulating Alarm Systems Regarding Fees for False Alarms
Item IX.A. Ordinance Amending City Code Regulating Alarm Systems re Fees for False Alarms
Motion to approve Motion to Adopt An Ordinance 2011-09 of the City Council of the City of Gilroy
Amending Chapters 3B and 16 of the Gilroy City Code Regulating Alarm Systems Regarding Fees for
False Alarms Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz.
B. A Resolution of the City Council of the City of Gilroy Overturning the Planning Commission's Denial
of Variance V 11-01 and Granting Said Variance, 2280 Hecker Pass Highway, APN's 810-21-001 and
810-20-005
Item IX.B. Resolution Overturning Planning Commission Denial of V 11-01
Motion to approve Motion to Approve a Resolution 2011-37 of the City Council of the City of Gilroy
Overturning the Planning Commission's Denial of Variance V 11-01 and Granting Said Variance, 2280
Hecker Pass Highway, APN's 810-21-001 and 810-20-005 Moved by Council Member Peter Leroe-
Munoz, seconded by Council Member Bob Dillon.
C. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 08-01,
For a Change in Zoning Designation From OS (Open Space) to CI (Commercial Industrial) On
Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-021
Item IX.C. Ordinance Approving Z 08-01 5350 Monterey Road
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Motion to approve Motion to Adopt Resolution 2011-38 of the City Council of the City of Gilroy Making
Certain Findings Concerning Impacts and Mitigation Measures in Accordance With the California
Environmental Quality Act (CEQA) In Connection With the Approval of a Zone Change From Open
Space to Commercial Industrial, Z 08-01, On Approximately 20 Acres and Creation of 17 Lots, For
Which an Environmental Impact Report Has Been Prepared, TM 08-01, Monterey Road Investment
Group Moved by Council M
C. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 08-01,
For a Change in Zoning Designation From OS (Open Space) to CI (Commercial Industrial) On
Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-021
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading Moved by
Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward.
C. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 08-01,
For a Change in Zoning Designation From OS (Open Space) to CI (Commercial Industrial) On
Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-021
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Application Z 08-01, For a Change in Zoning Designation From OS (Open Space) to CI
(Commercial Industrial) On Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-
021 Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker.
Motion to approve Motion to adopt resolution 2011-39 Moved by Council Member Peter Leroe-Munoz,
seconded by Council Member Perry Woodward.
D. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 09-06,
A Change in Zoning Designation From 0S (Open Space) to C (Commercial Industrial) on
Approximately 2.5 Acres Located at 5400 Monterey Road, APN 841-31-014
Item IX.D. Ordinance Approving Z 09-06 5400 Monterey Road
D. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 09-06,
A Change in Zoning Designation From 0S (Open Space) to C (Commercial Industrial) on
Approximately 2.5 Acres Located at 5400 Monterey Road, APN 841-31-014
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading Moved by
Council Member Perry Woodward, seconded by Council Member Bob Dillon.
D. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 09-06,
A Change in Zoning Designation From 0S (Open Space) to C (Commercial Industrial) on
Approximately 2.5 Acres Located at 5400 Monterey Road, APN 841-31-014
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Application Z 09-06, A Change in Zoning Designation From 0S (Open Space) to C
(Commercial Industrial) on Approximately 2.5 Acres Located at 5400 Monterey Road, APN 841-31-
014 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz.
X. INTRODUCTION OF NEW BUSINESS
A. Approval of Rancho Hills Tract 9967 Final Map and Property Improvement Agreement No. 2011-01
With Arcadia Development Company, and Glen Loma Corporation, APN 783-20-058
Item X.A. Approval of Rancho Hills Tract 9967 Final Map and PIA
Motion to approve Delay to the next Council meeting and have the City Attorney look into legal
processes against the State, and have a third party review of the final map with analysis of staff's
review of TM to final map. Moved by Council Member Peter Arellano MD, seconded by Council
Member Perry Woodward.
B. Overview of Green Building Standards Applied in Gilroy
Item X.B. Overview of Green Building Standards Applied in Gilroy
Motion to approve Receive Report Moved by Council Member Peter Arellano MD, seconded by Council
Member Bob Dillon.
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C. 2012 City Council Regular Meeting Calendar
Item X.C. 2012 City Council Regular Meeting Calendar
Motion to approve Motion to Approve the 2012 City Council Meeting Calendar Moved by Council
Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker.
D. Review of Housing Trust Fund Financials
Item X.D. Review of Housing Trust Fund Financials
Motion to approve Provide Direction to Staff to Prepare a Budget Amendment providing funds to
South County Housing Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
E. Discussion of Gilroy Sign Enforcement
Item X.E. Discussion of Gilroy Sign Enforcement
F. A Resolution of the City Council of the City of Gilroy Joining with the Santa Clara County Cities
Association and Other Local Entities Calling for Federal and State Regulation of Medicinal Marijuana
Item X.F. Resolution Calling for Federal & State Regulation of Medicinal Marijuana
Motion to approve To adopt resolution 2011-40 Moved by Mayor Pro Tempore Cat Tucker, seconded
by Council Member Dion Bracco.
A. Approval of Rancho Hills Tract 9967 Final Map and Property Improvement Agreement No. 2011-01
With Arcadia Development Company, and Glen Loma Corporation, APN 783-20-058
XI. CITY ADMINISTRATOR'S REPORTS
A. City Facilities Designated as Green Business
Item XI.A. City Facilities Designated as Green Business
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: 7517/7525 Monterey Street, Gilroy, California
(APN 799-06-069) Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City
Engineer/Public Works Director Other Party to Negotiations: Sunil Patel Under Negotiations: Price and
Terms of Payment
B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION as Defendant; Significant
exposure to litigation pursuant to Government Code Section 54956.9(b)(1) and Gilroy City Code
section 17A.8(a)(3): One case Facts and Circumstances:Receipt of letters from attorney for CW
Development Company re: Cherry Orchard Project alleging denial of due process
1. Public Comment on Items VIII.A and VIII.B.
2. Adjourn to Closed Session
Motion to approve to adjourn to closed session B. CONFERENCE WITH LEGAL COUNSEL—
ANTICIPATED LITIGATION as Defendant; Significant exposure to litigation pursuant to Government
Code Section 54956.9(b)(1) and Gilroy City Code section 17A.8(a)(3): One case Facts and
Circumstances:Receipt of letters from attorney for CW Development Company re: Cherry Orchard
Project alleging denial of due process Moved by Council Member Dion Bracco, seconded by Council
Member Peter Arellano MD.
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