HomeMy WebLinkAbout2010-02-01 City Council Regular MeetingCity Council
Regular Meeting
2/1/2010 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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STUDY SESSION - 6:00 P.M.
I. High Speed Rail Update
REGULAR MEETING - 7:00 P.M.
I. High Speed Rail Update
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 01:24:13)
B. Orders of the Day
C. Proclamations, Awards and Presentations
1. Recognition of Gilroy Chamber of Commerce 2009 Annual Award Winners
Item I.C.1.Chamber of Commerce Annual Award Winners
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
B. Community Media Access Partnership (CMAP) Annual Report
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
7. Mayor's Report
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
V. CONSENT CALENDAR
A. Minutes of January 25, 2010 Regular Meeting
Item V.A. Minutes of January 25, 2010
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B. Surplus of Radio Equipment and Approval of Equipment Disposal
Item V.B. Surplus Radio Equipment
C. Adoption of Ordinance 2010-04of 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 V.C. Adoption of Ordinance Regulating Adult Businesses
Motion to approve Motion to approve Consent Calendar items A, B & C Moved by Mayor Pro Tempore
Dion Bracco, seconded by Council Member Cat Tucker.
VI. BIDS AND PROPOSALS
A. Approval of 4-Year Copier Lease Agreement with IKON Office Solutions in the Amount of $56,540
per Year
Item VI.a. Approval of 4-Year Copier Lease Agreement
Motion to approve Motion to Approve Agreement with IKON Office Solutions in the Amount of
$56,540 per Year, and Authorization to the City Administrator to Execute Related Documents Moved
by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
VII. PUBLIC HEARINGS
A. Consideration of an Appeal of the Planning Commission Decision to Deny a Zoning Ordinance Text
Amendment to Section 50.62 (b) (1) to Allow for RDO Small Project Exemptions to Exceed Twelve
Units, Applicant Ronan Avenue Investors LLC (c/o Michael McDermott), Z 09-05
Item VII.A. Appeal of Planning Commission Decision to Deny Zoning Text Amendment
Motion to approve Motion to Deny Request and affirm Planning Commission decision. Moved by
Council Member Peter Arellano, M.D., seconded by Council Member Craig Gartman.
B. Consideration of an Appeal of the Planning Commission Decision to Deny a Variance from Zoning
Ordinance Section 19.23 (b) to Permit an Increase in the Maximum Front Yard Setback and a
Decrease in the Minimum Street Front Building Height on a Property Zoned Downtown Expansion
District (DED), Located at 6951 Monterey Road, Gilroy, Applicant De La Torre Properties, LLC, V 09-03
Item VII.B. Appeal of Planning Commission to Deny Variance from Zoning Ordinance
A. Consideration of an Appeal of the Planning Commission Decision to Deny a Zoning Ordinance Text
Amendment to Section 50.62 (b) (1) to Allow for RDO Small Project Exemptions to Exceed Twelve
Units, Applicant Ronan Avenue Investors LLC (c/o Michael McDermott), Z 09-05
Motion to approve Motion to direct staff look into modification to RDO process to find options to allow
the project to moved forward. Moved by Council Member Bob Dillon, seconded by Council Member
Perry Woodward.
B. Consideration of an Appeal of the Planning Commission Decision to Deny a Variance from Zoning
Ordinance Section 19.23 (b) to Permit an Increase in the Maximum Front Yard Setback and a Decrease
in the Minimum Street Front Building Height on a Property Zoned Downtown Expansion District (DED),
Located at 6951 Monterey Road, Gilroy, Applicant De La Torre Properties, LLC, V 09-03
Motion to approve Motion to Direct Staff to Prepare a Resolution Approving a Variance from Zoning
Ordinance Section 19.23 (b) to Permit an Increase in the Maximum Front Yard Setback and a
Decrease in the Minimum Street Front Building Height on a Property Zoned Downtown Expansion
District (DED), Located at 6951 Monterey Road, Gilroy, Applicant De La Torre Properties, LLC, V 09-03
with 5 findings necessary Moved by Council Member Bob Dillon, seconded by Council Member Cat
Tucker.
VIII. UNFINISHED BUSINESS
A. Residential Development Ordinance (RDO) Status Report
Item VIII.A. RDO Status Report
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B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Item VIII.B. URM Task Force Recommendations
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward.
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
amending the Gilroy City Code Article VI Entitled "Seismic Safety" Section 6.45 Extending the
Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of
Penalties to July 1, 2010 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the Ordinance
Moved by , seconded by .
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Motion to approve introduce ordinance Moved by Council Member Cat Tucker, seconded by Council
Member Bob Dillon.
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of
an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled
"Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to July 1, 2010
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy amending
the Gilroy City Code Article VI Entitled "Seismic Safety" Section 6.45 Extending the Deadline to
Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to
July 1, 2010 Moved by Council Member Bob Dillon, seconded by .
IX. INTRODUCTION OF NEW BUSINESS
A. Joint Powers Agreement to Become a Member of the Silicon Valley Regional Interoperability
Authority (SVRIA) and to Modify the Current Funding Agreement, and Authorize the Mayor to Execute
Related Documents
Item IX.A. Joint Powers Agreement
Motion to approve Motion to Approve a Joint Powers Agreement to Become a Member of the Silicon
Valley Regional Interoperability Authority (SVRIA) and to Modify the Current Funding Agreement, and
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Authorize the Mayor to Execute Related Documents Moved by Council Member Craig Gartman,
seconded by Council Member Cat Tucker.
B. Report on Ground Squirrel Control
Item IX.B. Report on Ground Squirrel Control
Motion to approve Direct staff to make 2 or 3 perches. Moved by Mayor Pro Tempore Dion Bracco,
seconded by Council Member Cat Tucker.
C. Review of Gilroy Hazard Mitigation Strategy Priorities to be Included in the Association of Bay Area
Governments (ABAG) Local Hazard Mitigation Plan for the Bay Area
Item IX.C. Gilroy Hazard Mitigation Strategy Priorities
Motion to approve Receive Report and Provide Comment Moved by Council Member Peter Arellano,
M.D., seconded by Mayor Pro Tempore Dion Bracco.
D. Approval Engineering Design Consultant Agreement for Design Work Related to Federal Stimulus
Assistance and Authorization to the City Administrator to Execute Related Documents
Item IX.D. Engineering Design Consultant Agreement
Motion to approve Motion to Approve Engineering Design Consultant Agreement for Design Work
Related to Federal Stimulus Assistance and Authorization to the City Administrator to Execute Related
Documents Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
E. A Resolution of the City Council of the City of Gilroy Authorizing the Issuance and Sale of
Wastewater Revenue Refunding Bonds in the Maximum Amount of $27, 500,000.00 to Refinance
Outstanding 1999 Installment Payment Obligations and Approving Related Agreements and Actions,
and Direction to Utilize Savings in Debt Service Costs to Fund the City Portion of the Pajaro River
Outfall Structure Project
Item IX.E. Resolution Authorizing Issuance and Sale of Wastewater Revenue
Motion to approve Motion to Approve Resolution 2010-05 of the City Council of the City of Gilroy
Authorizing the Issuance and Sale of Wastewater Revenue Refunding Bonds in the Maximum Amount
of $27, 500,000.00 to Refinance Outstanding 1999 Installment Payment Obligations and Approving
Related Agreements and Actions Moved by Council Member Bob Dillon, seconded by Council Member
Cat Tucker.
E. A Resolution of the City Council of the City of Gilroy Authorizing the Issuance and Sale of
Wastewater Revenue Refunding Bonds in the Maximum Amount of $27, 500,000.00 to Refinance
Outstanding 1999 Installment Payment Obligations and Approving Related Agreements and Actions,
and Direction to Utilize Savings in Debt Service Costs to Fund the City Portion of the Pajaro River
Outfall Structure Project
Motion to approve Motion to Approve Utilizing Savings in Debt Service Costs to Fund the City Portion
of the Pajaro River Outfall Structure Project Moved by Council Member Bob Dillon, seconded by
Council Member Cat Tucker.
F. Endorsement of Policy Statement on 2-Tier Local Government Retirement Benefits
Item IX.F. Endorsement of Policy Statment on 2-Tier Local Government Retirement Benefits
Motion to approve Motion to Endorse Guiding Principles for Local Government Retirement Benefits as
Recommended by the Santa Clara and San Mateo Counties City Manager Associations Moved by
Council Member Craig Gartman, seconded by Council Member Bob Dillon.
G. Review Request of California Senator Padilla to Regulate the Location of Tobacco Retailers
Item IX.G. Request of Senator Padilla
Motion to approve Take no action on the item. Moved by Council Member Bob Dillon, seconded by
Mayor Pro Tempore Dion Bracco.
H. Approval of Expenditure of $6,400.00 for Team Building Facilitator at City Council Goal Setting
Session
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Item IX.H. Approval of Expenditure of $6,400 for Team Building Facilitator
Motion to approve Motion to reject expenditure of $6,400.00 for Facilitation Services for the City
Council Goal Setting Session Moved by Council Member Craig Gartman, seconded by Council Member
Bob Dillon.
X. CITY ADMINISTRATOR'S REPORTS
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code
Section 54957.6, Gilroy City Code Section 17A.8 (5); City Negotiators:
B. 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. Goyko
G. Kuburovich; Patricia E. Kuburovich; Neil J. Forrest; Medileaf dba Medileaf Medical Cannabis and/or
Collective Dispensary dba UR Health & Wellness Center; Mike Atkar; Kulwinder Kaur Atkar; Case No.
09CV157867, Superior Court, County of Santa Clara
Motion to approve Motion to Adjourn to Closed Session on Item XII.B. Moved by Council Member Bob
Dillon, seconded by Mayor Pro Tempore Dion Bracco.
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