HomeMy WebLinkAbout2010-06-14 City Council Special MeetingCity Council
Special Meeting
6/14/2010 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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I. CLOSED SESSION
Roll call (5 Present, 2 Absent, 0 Excused) (Recorded at 00:00:36)
A. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT; Pursuant to Government Code
Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
B. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT; Pursuant to Government Code
Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
1. 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 GCC Section
17A.13 (a), Public Report of the vote to continue in closed session if required, GCC Section 17A.11(e)
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Proclamations, Awards and Presentations
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
Item II.A. Public Comment
B. Leadership Gilroy Request for Fencing at the Downtown Demonstration Garden
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
Motion to approve Study Session in September - traffic issues in Gilroy Moved by Council Member
Perry Woodward, seconded by Council Member Cat Tucker.
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V. CONSENT CALENDAR
A. A Resolution 2010-22 of the City Council of the City of Gilroy Setting Tax Rate for Fiscal Year
2010/2011 with Respect to General Obligation Bonds for the Gilroy Community Library Project
Item V.A. Resolution 2010-22 Setting Tax Rate for Fiscal Year 2010/2011
B. Amended Resolution 2010-23 Authorizing the Submittal of an Application to the California State
Department of Housing and Community Development for Funding Under the "BEGIN" Program; the
Execution of a Standard Agreement if Selected for Such Funding and any Amendments Thereto; and
any Related Documents necessary to Participate in the "BEGIN" Program
Item V.B. Amended Resolution 2010-23 Authorizing Application for "BEGIN" Program
C. Notice of Acceptance of Completion, Monterey Streetscape Phase III, Project No. 06-CDD-119
(report attached)
Item V.C. Notice of Acceptance of Completion
D. Resolution 2010-24 of the City Council of the City of Gilroy Approving a One-Year Extension for the
Residential Development Ordinance Performance Agreement for RDO 06-04 for the Rancho Meadows
Project
Item V.D. Resolution 2010-24 Approving One-Year Extension for RDO 06-04
Motion to approve V. CONSENT CALENDAR Moved by Council Member Cat Tucker, seconded by Council
Member Peter Arellano, M.D..
VI. BIDS AND PROPOSALS
A. Award of New Public Library Bid - Phase 2 Construction Project, Project No. 10-CDD-173, to Devcon
Construction in the Amount of $18,177,226.00, Including Base Bid and Four Alternates: Alt. 1, PV
Panels at Trellis; Alt. 2, Solar Panel Maintenance Allowance Alt. 3, Rosanna St. Parking Improvements,
Alt. 4, Floor Moisture Sealer Improvements, and Authorize Staff to Execute Project Related Change
Orders up to $100,000.00
Item VI.A. Award of New Public Library Bid - Phase 2
Motion to approve Motion to Approve Bid for Project No. 10-CDD-173, to Devcon Construction in the
Amount of $18,177,226.00, Including Base Bid and Four Alternates:
VII. PUBLIC HEARINGS
A. Public Hearing to Consider the Placement of Special Assessment Liens for Non-Payment of Charges
for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy
Item VII.A. Public Hearing to Consider Placement of Special Assessment Liens
Motion to approve Motion to Adopt Resolution 2010-25 of the City Council of the City of Gilroy
Regarding the Imposition of a Special Assessment Lien for the Costs of Delinquent Garbage Collection
Services for Certain Properties Located in the City of Gilroy Moved by Council Member Perry
Woodward, seconded by Council Member Cat Tucker.
B. Public Hearing to Consider the Revision and Adjustments of Charges for the Collection of Garbage,
Rubbish and Refuse in the City of Gilroy
Item VII.B. Public Hearing to Consider Revision & Adjustments of Charges
Motion to approve Motion to Maintain Existing Rate Structure Moved by Council Member Peter
Arellano, M.D., seconded by Council Member Cat Tucker.
VIII. UNFINISHED BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy Approving an Application for a
Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development)
to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the
Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810-66-012
Item VIII.A. Ordinance Approving Application for Change in Zoning Designation
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Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Craig Gartman, seconded by Council Member Perry Woodward.
Motion to approve Motion to Introduce ordinance Moved by Council Member Perry Woodward,
seconded by Council Member Peter Arellano, M.D..
Motion to approve Motion to introduce Moved by , seconded by .
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 Peter Arellano, M.D..
A. Introduction of an Ordinance of the City Council of the City of Gilroy Approving an Application for a
Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development)
to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the
Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR 152), APN 810-66-012
B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 3B of the
Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms
Item VIII.B. Ordinance Amending Chapter 3B Regulating Alarm Systems
B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 3B of the
Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees for False
Alarms Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
C. An Ordinance of the City Council of the City of Gilroy Amending the Residential Development
Ordinance ("RDO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential
Development Ordinance ("RDO") Exemption Category for Shovel-Ready Projects
Item VIII.C. Ordinance Amending RDO for Shovel-Ready Projects
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the
Ordinance with the addition of Planning Commission Review Moved by Council Member Perry
Woodward, seconded by Council Member Bob Dillon.
C. An Ordinance of the City Council of the City of Gilroy Amending the Residential Development
Ordinance ("RDO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential
Development Ordinance ("RDO") Exemption Category for Shovel-Ready Projects
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Amending the Residential Development Ordinance ("RDO") and Adding Gilroy Zoning Ordinance
Section 50.62 (b) (11) Creating a Residential Development Ordinance ("RDO") Exemption Category
for Shovel-Ready Projects with Planning Commission Review Moved by Council Member Perry
Woodward, seconded by Council Member Peter Arellano, M.D..
D. An Ordinance of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change
in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family
Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue
at the Termini of Brazos Street and Bosque Street, ANP 790-16-23
Item VIII.D. Ordinance Approving Application Z09-04 for Change in Zoning Designation
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
D. An Ordinance of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change
in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family
Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue
at the Termini of Brazos Street and Bosque Street, ANP 790-16-23
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Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Application Z 09-04 For a Change in Zoning Designation From R1 (Single Family
Residential) to R1/PUD (Single Family Residential/Planned Unit Development) on an Approximately
4.35 Acre Site Located on Ronan Avenue at the Termini of Brazos Street and Bosque Street, ANP
790-16-23 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon.
E. An Ordinance of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in
Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center
Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner
of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064, Fresh Group Inc., c/o Tauan
Chen, Applicant
Item VIII.E. Ordinance Approving Application Z07-05 for Change in Zoning Designation
Motion to approve Motion to Read Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
E. An Ordinance of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in
Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center
Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner
of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064, Fresh Group Inc., c/o Tauan
Chen, Applicant
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy
Approving Application Z 07-05 for a Change in Zoning Designation from C3 and CM (Commercial
Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on Approximately
5.75 Acres Located at the Northeast Corner of Leavesley Road and Forest Street, APN's 835-01-050
and 835-01-064 Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
F. A Resolution of the City Council of the City of Gilroy Approving the Issuance and Sale of Notes and
Bonds by the Gilroy Public Facilities Financing Authority to Refinance Outstanding 2009 Bond
Anticipation Notes, and Approving Related Financing Documents and Official Actions
Item VIII.F. Resolution Approving Issuance and Sale of Notes and Bonds
Motion to approve Motion to Adopt Resolution 2010-26 of the City Council of the City of Gilroy
Approving the Issuance and Sale of Notes and Bonds by the Gilroy Public Facilities Financing
Authority to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving Related Financing
Documents and Official Actions Moved by Council Member Cat Tucker, seconded by Council Member
Peter Arellano, M.D..
1. Adjourn to the Meeting of the Board of Directors of the Gilroy Public Facilities Financing Authority
Gilroy Public Facilities Financing Authority
A. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing
the Issuance and Sale of Refunding Bond Anticipation Notes in the Aggregate Principal Amount of Not
to Exceed $24,000,000.00 to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving
Related Financing Documents and Official Actions
Item 1.A. Resolution of Public Facilities Financing Authority
Motion to approve Motion to adjourn to Board of Directors of the Public Financing Authority Moved by
, seconded by .
B. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing
the Issuance and Sale of Refunding Lease Revenue Bonds in the Aggregate Principal Amount of Not to
Exceed $26,000,000.00 to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving
Related Financing Documents and Official Actions
Item 1.B. Public Facilities Financing Authority
Motion to approve Motion to Adopt Resolution 2010-02 of the Board of Directors of the Gilroy Public
Facilities Financing Authority Authorizing the Issuance and Sale of Refunding Lease Revenue Bonds in
the Aggregate Principal Amount of Not to Exceed $26,000,000.00 to Refinance Outstanding 2009
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Bond Anticipation Notes, and Approving Related Financing Documents and Official Action Moved by
Council Member Bob Dillon, seconded by Council Member Cat Tucker.
2. Adjourn to the Regular Meeting of the City Council of the City of Gilroy
IX. INTRODUCTION OF NEW BUSINESS
A. Discussion of a Tobacco Retailer Ordinance Regulating the Sale of Tobacco Products in the City of
Gilroy
Item IX.A. Tobacco Retailer Ordinance
Motion to approve Direct staff to begin to create a tobacco retailer ordinance for new businesses
within 1000 feet of schools and for vacant businesses which have been out of businesses for 120
days Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D..
A. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing
the Issuance and Sale of Refunding Bond Anticipation Notes in the Aggregate Principal Amount of Not
to Exceed $24,000,000.00 to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving
Related Financing Documents and Official Actions
Motion to approve Motion to Adopt Resolution 2010-01 of the Board of Directors of the Gilroy Public
Facilities Financing Authority Authorizing the Issuance and Sale of Refunding Bond Anticipation Notes
in the Aggregate Principal Amount of Not to Exceed $24,000,000.00 to Refinance Outstanding 2009
Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions Moved by
Council Member Cat Tucker, seconded by Council Member Bob Dillon.
B. A Resolution of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Not to
Exceed $26,500,000.00 Principal Amount of General Obligation Bonds for the Gilroy Community
Library Project, and Authorizing Actions Related Thereto
Item IX.B. Resolution Authorizing Issuance and Sale of General Obligation Bonds
Motion to approve Motion to adopt resolution 2010-27 of the City Council of the City of Gilroy
Authorizing the Issueance and Sale of not to exceed Moved by Council Member Bob Dillon, seconded
by Council Member Peter Arellano, M.D..
C. Parking Survey for the Civic Center Master Plan, New Library Phase
Item IX.C. Parking Survey for the Civic Center Master Plan
X. CITY ADMINISTRATOR'S REPORTS
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government Code section 54956.8
and Gilroy City Code section 17A.8 (a) (2); Properties: 7350/7360/7370/7380/7390 Dowdy Street,
Gilroy, Ca.; Negotiators:Thomas Haglund, City Administrator; Rick Smelser, City Engineer; Under
Negotiations: Price and Terms of Payment
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
Craig Gartman, seconded by Mayor Pro Tempore Dion Bracco.
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