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Home My WebLink About2010-01-25 City Council Regular MeetingCity Council Regular Meeting 1/25/2010 5:30 PM City Council Chambers, City Hall 7351 Rosanna Street Gilroy, CA 95020 Downloads: Video STUDY SESSION - 5:30 P.M. I. Standardized Emergency Management System (SEMS); National Incident Management System (NIMS) and Incident Command System (ICS) Training for Council 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 Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 01:31:44) 4. Roll Call B. Orders of the Day C. Proclamations, Awards and Presentations 1. Presentation of Award for November 2009 Volunteers of the Month to South Valley Community Church I.C.1. Volunteers of the Month to South Valley Community Church 2. Presentation of Award for December 2009 Volunteer of the Month to Danny Martin I.C.2. Volunteer of the Month to Danny Martin 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 II.A. Public Comment B. Public Art Committee Annual Presentation to Council C. Presentation of 2009 City of Gilroy Purchase Award Art piece II.C. 2009 City of Gilroy Purchase Award Art piece III. REPORTS OF COUNCIL MEMBERS 1. Mayor Pro Tempore Bracco 2. Council Member Tucker 3. Council Member Arellano 4. Council Member Woodward 5. Council Member Gartman 6. Council Member Dillon 11/12/24, 9:52 AM 2010/01/25 05:30 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1420&Print=Yes 1/4 7. MAYOR'S REPORT A. Appointment of Council Members as 2010 Representatives to Boards and Committees III. Mayor's Report Motion to approve Motion to Appoint Council Members to: IV. FUTURE COUNCIL INITIATED AGENDA ITEMS V. CONSENT CALENDAR A. Minutes of December 30, 2009 Special Meeting V.A. Minutes of December 30, 2009 B. Minutes of January 11, 2010 Regular Meeting V.B. Minutes of January 11, 2010 C. Open Recruitment for One (1) Vacated Seat on the Arts and Culture Commission for a with a Term Ending December 31, 2011 Motion to approve Motion to approve Consent Calendar Items A, B & C Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. VI. BIDS AND PROPOSALS VII. PUBLIC HEARINGS A. Public Hearing to Hear Public Testimony and to Consider Declaring the Property at 1221 Cypress Ct, Gilroy a Public Nuisance and to Order the City Administrator to Abate Such Nuisance or Cause the Same to be Abated Pursuant to Gilroy City Code Section 5B.23 VII.A. Consider Declaring the Property at 1221 Cypress Ct a Public Nuisance Motion to approve Motion to Adopt Resolution 2010-04 of the City Council of the City of Gilroy Ordering the City Administrator to Abate or Cause to be Abated the Blight Conditions Which Constitute a Public Nuisance Specified by Resolution No. 2010-03. with 30 days Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. VIII. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council 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." (Item introduced January 11, 2010 with a 4-3 vote) VIII.A. Adoption of Ordinance re Medical Marijuana Dispensary as a Prohibited Use Motion to approve Motion to Adopt Ordinance 2010-03 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 Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code (item continued from December 7, 2009 regular meeting) VIII.B. Ordinance Regulating Adult Businesses 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 Council Member Perry Woodward. B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code (item continued from December 7, 2009 regular meeting) 11/12/24, 9:52 AM 2010/01/25 05:30 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1420&Print=Yes 2/4 Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code with amendment to page 14 to 1000 ft from Church or residential Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. IX. INTRODUCTION OF NEW BUSINESS A. Removal of Condition of Approval 10 of the Valley Oaks Phase II Homeowners' Association Approved Architectural & Site Review A/S 05-15, Which Requires Installation of Children's Playground Equipment on the Common Area of that Project IX.A. Removal of Condition of Approval 10 Valley Oaks Phase II Motion to approve No requirement until there is full occupancy with notice to all home owners. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. Motion to approve Motion to Direct Staff to Prepare a Resolution Approving Removal of Condition of Approval 10 from the Approved Architectural & Site Review for A/S 05-15 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code (item continued from December 7, 2009 regular meeting) B. CalPERS Retirement and GASB 45 Actuarial Analysis (report attached) IX.B. CalPERS Retirement and GASB 45 Actuarial Analysis B. CalPERS Retirement and GASB 45 Actuarial Analysis (report attached) C. Gilroy Management Association (GMA) Memorandum of Understanding (MOU) IX.C. Gilroy Management Assn (GMA) Memorandum of Understanding (MOU) C. Gilroy Management Association (GMA) Memorandum of Understanding (MOU) Motion to approve Motion to Approve Gilroy Management Association (GMA) Memorandum of Understanding. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. D. Gilroy City Code Update Regarding Dangerous Dogs IX.D. Gilroy City Code Update Regarding Dangerous Dogs E. Proposed Changes to the Animal Control Program IX.E. Proposed Changes to the Animal Control Program F. Amendment of VTA Joint Powers Agreement to the Santa Clara County Congestion Management Program IX.F. Amendment of VTA Joint Powers Agreement to the SC County Congestion Mgmt Program Motion to approve Motion to Approve Amendment of the VTA Joint Powers Agreement to the Santa Clara County Congestion Management Program 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 - ANTICIPATED LITIGATION; Significant exposure to litigation against the City of Gilroy: Closed session pursuant to Government Code section 54956.9(b) (3)(C) and Gilroy City Code section 17A.11(c)(2); Original Claim of Golden Bay Construction, Inc. Against City of Gilroy: Rejected by City Council on March 3, 2008 11/12/24, 9:52 AM 2010/01/25 05:30 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1420&Print=Yes 3/4 XII Closed Session 1. Receive Advice of City Attorney re: Reasons for Closed Session on Item XII.A. 2. Public Comment 3. Motion to Adjourn to Closed Session on Item XII.A. Motion to approve 3. Motion to Adjourn to Closed Session on Item XII.A. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. XIII. ADJOURNMENT TO THE MEETING OF FEBRUARY 1, 2010 Powered by Granicus 11/12/24, 9:52 AM 2010/01/25 05:30 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1420&Print=Yes 4/4