HomeMy WebLinkAbout2010-05-03 City Council Regular MeetingCity Council
Regular Meeting
5/3/2010 5:30 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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STUDY SESSION - 5:30 P.M.
I. High Speed Rail Update
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 01:32:00)
4. Roll Call
B. Orders of the Day
XII. E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation as
Plaintiff, Pursuant to Government Code Section 54956.9(c) and Gilroy City Code Section 17A.8 (a) (3);
1 Potential Case Brown Act:
Motion to approve Vote to Assert the Attorney/Client Privilege by holding Closed Session - Item X.II. D
and moving XII. D to Item XII.E., Per Government Code Section 54954.2(b) Addition of Agenda Items
(2/3 vote needed) Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
C. Proclamations, Awards and Presentations
1. Proclamation Recognizing May 9-15, 2010 as National Police Week
Item I.C.1. Proclamation for National Police Week
2. Proclamation Recognizing May, 2010 as Building Safety Month
Item I.C.2. Proclamation Building Safety Month
3. Proclamation Supporting Network for a Healthy California - Bay Area Region
Item I.C.3. Proclamation Healthy California
II. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA
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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5. Council Member Gartman
6. Council Member Dillon
7. MAYOR'S REPORT
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
V. CONSENT CALENDAR
A. Minutes of April 13, 2010 Special Meeting
Item V.A. Minutes of April 13, 2010
B. Minutes of April 19, 2010 Regular Meeting
Item V.B. Minutes of April 19, 2010
Motion to approve B. Minutes of April 19, 2010 Regular Meeting Moved by Council Member Cat Tucker,
seconded by Council Member Perry Woodward.
C. Resolution 2010-12 of the City Council of the City of Gilroy Opposing the Proposed California
Constitutional amendment Ballot Initiative Entitled "New Two-thirds Vote Requirement for Local Public
Electricity Providers" and Known as Proposition 16
Item V.C. Resolution Opposing Proposition 16
D. Approval of Conceptual Mural Design for the Temporary Fence at the Library Construction Site
Item V.D. Mural Design for Fence at Library Construction Site
E. 11th Street Commons Tract Map 9916 Merger
Item V.E. 11st Street Commons Merger
F. Amendment to Agreement with Santa Clara County for Household Hazardous Waste Services for FY
09/10
Item V.F. Amendment to Agmt for Hazardous Waste Svcs
G. Agreement with Santa Clara County for Household Hazardous Waste Services for FY 10/11
Item V.G. Agreement with SCC for Hazardous Waste Svcs 10/11
H. Countywide AB 939 Implementation Fee Agreement
Item V.H. AB 939 Fee Agreement
Motion to approve Motion to Approve Consent Calendar Items A, C, D, F, G & H Moved by Council
Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco.
VI. BIDS AND PROPOSALS - None
VII. PUBLIC HEARINGS
A. A Public Hearing to Consider the Annual Destruction and/or Removal of Weeds and Refuse
Constituting a Public Nuisance in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code
Item VII.A. Weed Abatement
Motion to approve Motion to Adopt Resolution 2010-13 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 Mayor Pro Tempore Dion Bracco.
B. Approval of the Consolidated Plan 2010-2015 and 2010 Action Plan of the Consolidated Plan
Pertaining to the Allocation of Community Development Block Grant Funding for FY 11.
Item VII.B. Consolidated Plan
Motion to approve Motion to Approve the 2010-2015 Consolidated Plan and 2010 Action Plan of the
Consolidated Plan Moved by Council Member Bob Dillon, seconded by Council Member Perry
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Woodward.
VIII. UNFINISHED BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Repealing and Readopting Section 28 of the
Gilroy Zoning Ordinance Regulating Adult Businesses
Item VIII.A. Ordinance Regulating Adult Businesses
Motion to approve Motion to Adopt Ordinance 2010-07 of the City Council of the City of Gilroy
Repealing and Readopting Section 28 of the Gilroy Zoning Ordinance Regulating Adult Businesses
Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward.
B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16, Entitled
"Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to Cardrooms
Item VIII.B. Ordinance Offenses Pertaining to Cardrooms
Motion to approve Motion to Adopt Ordinance 2010-08 of the City Council of the City of Gilroy
Amending Chapter 16, Entitled "Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to
Cardrooms Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward.
C. Adoption of a Resolution of the City Council of the City of Gilroy Listing Permissible Cardroom
Games, And Authorizing the Play of No Bust 21st Century Blackjack 5.1 and the Addition of Three
Gaming Tables for a Trial Period of (6) Six Months
Item VIII.C. Resolution Listing Permissible Cardroom Games
Motion to approve Motion to Adopt Resolution 2010-14 of the City Council of the City of Gilroy of the
City Council of the City of Gilroy Listing Permissible Cardroom Games, And Authorizing the Play of No
Bust 21st Century Blackjack 5.1 and the Addition of Three Gaming Tables for a Trial Period of (6) Six
Months Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
IX. INTRODUCTION OF NEW BUSINESS
A. Downtown Parking Waiver Program
Item IX.A. Downtown Parking Waiver Program
B. Discussion of Planning Commission Minutes
Item IX.B. Planning Commission Minutes
Motion to approve Return to summary minutes. Moved by Council Member Bob Dillon, seconded by
Council Member Perry Woodward.
C. Discussion of the Length of Council Meetings and Possible Change to Meeting Start Time or
Frequency per Month
Motion to approve Direct staff to take the necessary steps to provide notice of the change of the
regular meeting start time to 6:00 p.m. from August through November, 2010. Moved by Council
Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco.
A. Downtown Parking Waiver Program
Motion to approve Direct Staff to come back with an extension of the parking waiver program. Moved
by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker.
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: 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;
1. Receive Advice of City Attorney re: Reasons for Closed Session on Item XII.A.
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Item XII.A. Claim against City by Golden Bay
Motion to approve Motion to enter into closed session on Item XII. A Moved by Mayor Pro Tempore
Dion Bracco, seconded by Council Member Cat Tucker.
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code
Section 54957.6 and Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT;Pursuant to Government Code
Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government Code section 54956.8
and Gilroy City Code section 17A.8 (a) (2); Properties: 7451/7453 Monterey Street, Gilroy, Ca.;
Negotiators:Thomas Haglund, City Administrator; Rick Smelser, City Engineer; Under Negotiations:Price
and Terms of Payment;
E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation as Plaintiff,
Pursuant to Government Code Section 54956.9(c) and Gilroy City Code Section 17A.8 (a) (3); 1
Potential Case
Motion to approve Motion to Adjourn to Closed Session on Item XII.D. Moved by Council Member Perry
Woodward, seconded by Council Member Bob Dillon.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Significant exposure to
litigation against the City of Gilroy: 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;
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