HomeMy WebLinkAbout2010-01-11 City Council Regular MeetingCity Council
Regular Meeting
1/11/2010 6:30 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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STUDY SESSION - 6:30 P.M.
I. Department of Housing and Urban Development (HUD) 2010-2015 Consolidated Plan, Community
Development Block Grant (CDBG) and Housing Trust Fund Priorities
Study Session HUD Consolidated Plan, CDBG and Housing Trust Fund Priorities
REGULAR MEETING - 7:00 P.M.
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 00:21:30)
B. Orders of the Day
C. Proclamations, Awards and Presentations
1. Proclamation Naming January, 2010 as National Blood Donation Month
Item I.C.1. Proclamation Naming January 2010 National Blood Donation Month
2. Proclamation Recognizing the Establishment of the First Annual Martin Luther King, Jr. Prayer
Breakfast hosted by Bethany Community Church of God in Christ
Item I.C.2. Proclamation Recognizing First Annual Martin Luther King, Jr. Prayer Breakfast
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.A. Public Comment
B. Presentation of the Peninsula Division of the League of California Cities by Morgan Hill Mayor Steve
Tate
C. Presentation of the 2009 Young Artists Poster Contest "Judges Favorite" Awards
Item II.C. Presentation of the 2009 Young Artists Poster Contest
III. REPORTS OF COUNCIL MEMBERS
1. Mayor Pro Tempore Bracco
2. Council Member Tucker
3. Council Member Arellano
4. Council Member Woodward
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A. Discussion Regarding Demanding from Berliner Cohen a Refund of Attorneys' Fees and Costs Paid in
Connection with Medileaf Litigation
Motion to approve Creation of a sub committee of Council to meet with Berliner Cohen to discuss the
fees for the preliminary injunction and to set a cap on the litigation, with updates of the fees
throughout the litigation process. Moved by Council Member Perry Woodward, seconded by Council
Member Craig Gartman.
Motion to approve Closed session on the matter to discuss litigation budget. Moved by Council
Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco.
5. Council Member Gartman
6. Council Member Dillon
7. MAYOR'S REPORT
A. Appointment of Council Members as Member and Alternate to the Valley Transportation Authority
Policy Advisory Committee
A. Appointment of Council Members as Member and Alternate to the Valley Transportation Authority
Policy Advisory Committee
Motion to approve Motion to Appoint Council Member Tucker to Serve as Member and Mayor Pro
Tempor Bracco as Alternate to the Valley Transportation Authority Policy Advisory Committee Moved by
Council Member Bob Dillon, seconded by Council Member Perry Woodward.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
V. CONSENT CALENDAR
A. Minutes of December 7, 2009 Regular Meeting
Item V.A. Minutes of December 7, 2009
B. Minutes of December 14, 2009 Regular Meeting
Item V.B. Minutes of December 14, 2009
C. Claim of Hanna & Brunetti, c/o Stan Linker, Esquire of Kennedy, Archer & Harray
Item V.C. Claim of Hanna & Brunetti
Motion to approve C. Claim of Hanna & Brunetti, c/o Stan Linker, Esquire of Kennedy, Archer & Harray
Moved by Council Member Perry Woodward, seconded by Council Member Craig Gartman.
D. Adoption of Ordinance 2010-01 of the City Council of the City of Gilroy Adding a New Article III,
Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implement the Provisions
of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities
Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City
Item V.D. Ordinance re Digital Infrastructure and Video Competition Act of 2006
Motion to approve Motion to approve consent agenda items A, B, and D Moved by Council Member Cat
Tucker, seconded by Council Member Perry Woodward.
VI. BIDS AND PROPOSALS - None
VII. PUBLIC HEARINGS
A. A Resolution of the City Council of the City of Gilroy Authorizing the City to Join the CaliforniaFIRST
Program; Authorizing the California Statewide Communities Development Authority to Accept
Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual
Assessments Within the Territory of the City of Gilroy; and Authorizing Related Actions
Item VII.A. Resolution Authorizing the City to Join the CaliforniaFIRST Program
1. Staff Report
2. Open the Public Hearing
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3. Close the Public Hearing
Motion to approve Motion to Adopt Resolution 2010-01 of the City Council of the City of Gilroy
Authorizing the City to Join the CaliforniaFIRST Program;
VIII. UNFINISHED BUSINESS
A. Interviews and Appointment of One Member to an Open Seat on the Historic Heritage Committee
with a Term Ending December 31, 2011
Item VIII.A. Interviews and Appointment to Historic Heritage Committee
Motion to approve Motion to Appoint Terri Aulman to the Historic Heritage Committee with a Term
Ending December 31, 2011 Moved by Council Member Bob Dillon, seconded by Council Member Cat
Tucker.
B. Adoption of an Ordinance of the City of Gilroy Amending Chapter 13, Article VI, Entitled "Regulation
of Massage Establishments and Massage Practitioners"
Item VIII.B. Ordinance re Regulation of Massage Establishments and Massage Practitioners
Motion to approve Motion to Adopt Ordinance 2010-02 of the City of Gilroy Amending Chapter 13,
Article VI, Entitled "Regulation of Massage Establishments and Massage Practitioners" Moved by
Council Member Cat Tucker, seconded by Council Member Bob Dillon.
IX. INTRODUCTION OF NEW BUSINESS
A. Consideration of the Recommendation from the Open Government Commission to Amend the Open
Government Ordinance to Add the Requirement that City Council Closed Sessions be Videotaped
Motion to approve Motion to Amend the Gilroy Open Government Ordinance to Add the Requirement
that City Council Closed Sessions be Videotaped Moved by Council Member Peter Arellano, M.D.,
seconded by Council Member Perry Woodward.
B. A Resolution of the City Council of the City of Gilroy Authorizing the Lead Collaborative Entity to
Apply for Funds on Behalf of the City of Gilroy
Item IX.B. Resolution Authorizing the Lead Collaborative Entity to Apply for Funds on Behalf of City of
Gilroy
Motion to approve Motion to Adopt a Resolution 2010-02 of the City Council of the City of Gilroy
Authorizing the Lead Collaborative Entity to Apply for Funds on Behalf of the City of Gilroy Moved by
Council Member Bob Dillon, seconded by Council Member Cat Tucker.
C. A Resolution of the City Council of the City of Gilroy Declaring Certain Blight Conditions at 1221
Cypress Court, Gilroy, California in the City to be a Public Nuisance, Describing These Blight Conditions
Which Constitute such Nuisance, and Providing Notice of the Adoption of the Resolution By Publication
Thereof Pursuant to Gilroy City Code Section 5B.20, and Direction to the City Administrator to Begin
the Process to Abate Such Nuisance
Item IX.C. Resolution Declaring Certain Blight Conditions at 1221 Cypress Court
Motion to approve Motion to Adopt Resolution 2010-03 of the City Council of the City of Gilroy
Declaring Certain Blight Conditions at 1221 Cypress Court, Gilroy, California in the City to be a Public
Nuisance, Describing These Blight Conditions Which Constitute such Nuisance, and Providing Notice of
the Adoption of the Resolution By Publication Thereof Pursuant to Gilroy City Code Section 5B.
D. Urgency Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana Dispensaries
Item IX.D. Urgency Ordinance Banning Medicinal Marijuana Dispensaries
D. Urgency Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana
Dispensaries
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance with strike out of Item J last words "in addition to medileaf" Moved by Council Member Bob
Dillon, seconded by Council Member Cat Tucker.
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D. Urgency Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana Dispensaries
D. Urgency Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana Dispensaries
Motion to approve Motion to adopt the Ordinance 2010-03 with amemdments strike out J in addition
to medileaf Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
E. Introduction of an Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana
Dispensaries
Item IX.E. Ordinance Banning Medicinal Marijuana Dispensaries
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco.
E. Introduction of an Ordinance of the City Council of the City of Gilroy Banning Medicinal Marijuana
Dispensaries
Motion to approve Motion to Introduce an Ordinance of the City of Gilroy Adding a New Article VII,
Section 13.65, entitled "Medical Marijuana Dispensary as a Prohibited Use" to the Gilroy City Code,
Chapter 13, entitled "Licenses." Moved by Council Member Cat Tucker, seconded by Council Member
Bob Dillon.
X. CITY ADMINISTRATOR'S REPORTS
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. 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: City of Gilroy v. WLC
Architects, Inc, et al., Case No. CIV 471337, Superior Court, County of San Mateo
1. Public Comment
2. Adjourn to Closed Session
3. Adjourn to Open Session; Public 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, Gilroy Code
Section 17A.11 (e)
Motion to approve A. 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:
City of Gilroy v. WLC Architects, Inc, et al., Case No. CIV 471337, Superior Court, County of San
Mateo Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
XIII. ADJOURNMENT
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