HomeMy WebLinkAbout2010-07-19 City Council Regular MeetingCity Council
Regular Meeting
7/19/2010 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
4. Roll Call
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 01:35:21)
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 Public Comment
B. Annual Presentation of the Parks & Recreation Commission
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; All matters listed under the Consent Calendar are considered by the City
Council to be routine and will be enacted by one motion. There will be no separate discussion of these
items unless a request is made by a member of the City Council or a member of the public. Any person
desiring to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve.
A. Minutes of June 7, 2010 Regular Meeting
Item V.A. Minutes of June 7, 2010
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B. Minutes of June 14, 2010 Special Meeting
Minutes of June 14, 2010
C. Minutes of June 24, 2010 Special Meeting
Minutes of June 24, 2010
D. Open Recruitment for one (1) Open Seat on the Bicycle Pedestrian Commission
Item V.D. Open Recruitment for Bicycle Pedestrian Commission
E. Open Recruitment for Four (4) Seats on the Housing Advisory Committee
Item V.E. Open Recruitment for Housing Advisory Committee
F. Approval of Notice of Acceptance of Completion, New Gilroy Public Library Project, Phase I, Project
No. 10-CDD-172
Item V.F. Notice of Acceptance of Completion
G. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of
$60,766.18
Item V.G. Approval of Write Off of Uncolletible Delinquent Water Sewer Accounts
Motion to approve G. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts
in the Amount of $60,766.18 with referral of public records component by Open Government
Commission on the process. Moved by Council Member Perry Woodward, seconded by Council Member
Cat Tucker.
H. A Resolution of the City Council of the City of Gilroy Permitting the Hiring Use of Firefighters Via the
California Fire Fighter Joint Apprenticeship Committee Displaced Firefighters Hiring List and Approval of
the Use of Former Gilroy Paid Call Firefighters for Firefighter Hiring
Item V.H. Resolution Regarding Firefighter Hiring List
I. Claim of Christine Delmonico (City Administrator Recommends a "yes" vote under the Consent
Calendar shall constitute the denial of the claims)
Item V.I. Claim of Christine Delmonico
J. Claim of Kathleen Martin (City Administrator recommends a "yes" vote under the Consent Calendar
shall constitute the denial of the claims)
Item V.J. Claim of Kathleen Martin
Motion to approve Motion to Approve Consent Calendar without G. Moved by Council Member Perry
Woodward, seconded by Council Member Peter Arellano, M.D..
G. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of
$60,766.18
Motion to approve G. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in
the Amount of $60,766.18 Moved by , seconded by .
1. Adjourn to the Meeting of the Board of Directors of the Gilroy Public Facilities Financing Authority
Motion to approve Motion to Adjourn to the Meeting of the Board of Directors of the Gilroy Public
Facilities Financing Authority Moved by Council Member Cat Tucker, seconded by Council Member Bob
Dillon.
A. Minutes of June 14, 2010 Meeting of the Board of Directors of the Gilroy Public Facilities Financing
Authority
Gilroy Public Facilities Financing Authority
Motion to approve Motion to Approve the Minutes of June 14, 2010 Meeting of the Board of Directors of
the Gilroy Public Facilities Financing Authority Moved by Council Member Bob Dillon, seconded by
Council Member Cat Tucker.
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2. Adjourn to the Regular Meeting of the Gilroy City Council
VI. BIDS AND PROPOSALS - None
VII. PUBLIC HEARINGS
A. Public Hearing to Consider a Report from the Gilroy Police Department Recommending Projects and
Programs for Funding Under the 2010 Byrne Justice Assistance Grant Monies ($26,178.00) for Fiscal
Year 2010/11
Item VII.A. Gilroy Police Department Grant Monies
Motion to approve Motion to Approve Projects and Programs for Funding Under the 2010 Byrne Justice
Assistance Grant Monies ($26,178.00) for the 2010-2011 Fiscal Year Moved by Council Member Cat
Tucker, seconded by Council Member Perry Woodward.
VIII. UNFINISHED BUSINESS
A. Adoption 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.A. Ordinance Amending Chapter 3B of City Code Regulating Alarm Systems
Motion to approve Motion to Adopt Ordinance 2010-09 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 Bob Dillon, seconded by Council Member Cat Tucker.
B. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting a New Article V of Chapter
16A of the Gilroy City Code Regulating Aggressive Solicitation of Money, Goods and Services and
Regulating the Solicitation of Money, Goods and Services in Specified Locations
Item VIII.B. Ordinance Regulating Aggressive Solicitation
Motion to approve Motion to Adopt Ordinance 2010-10 of the City Council of the City of Gilroy
Adopting a New Article V of Chapter 16A of the Gilroy City Code Regulating Aggressive Solicitation of
Money, Goods and Services and Regulating the Solicitation of Money, Goods and Services in Specified
Locations Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon.
C. Adoption 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.C. Ordinance Approving Change in Zoning Designation
Motion to approve Motion to Adopt an Ordinance 2010-11 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, APN 810-66-012 Moved by Council Member Bob Dillon, seconded by Council Member
Cat Tucker.
D. A Resolution of the City Council of the City of Gilroy Approving A/S PUD 08-022, an Application for
Architectural and Site Approval of a Skilled Nursing Facility, Ambulatory Surgery Center, and
Community Garden on 3.81 Acres Located at the Southwest Corner of Hecker Pass Highway and Santa
Teresa Boulevard, APN NO. 810-66-012
Item VIII.D. Resolution Approving A/S PUD 08-022 Skilled Nursing Facility
Motion to Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward.
E. Adoption of 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.E. Ordinance Amending RDO Adding Shovel Ready Exemption
Motion to approve Motion to Adopt Ordinance 2010-12 of the City Council of the City of Gilroy
Amending the Residential Development Ordinance ("RDO") and Adding Gilroy Zoning Ordinance
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Section 50.62 (b) (11) Creating a Residential Development Ordinance ("RDO") Exemption Category for
Shovel-Ready Projects Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
F. Adoption of 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 790-16-231
Item VIII.F. Ordinance Approving Z 09-04 Change in Zoning Designation for Ronan Ave Project
Motion to approve Motion to Adopt Ordinance 2010-13 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-
16-231 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
Motion to approve Motion to Adopt Resolution 2010-29 of the City Council of the City of Gilroy
Approving An Application for a Shovel-Ready Project Exemption From the Residential Development
Ordinance, Ronan Avenue Investors, APN 790-16-231 Moved by Council Member Perry Woodward,
seconded by Council Member Peter Arellano, M.D..
G. A Resolution of the City Council of the City of Gilroy Approving An Application for a Shovel-Ready
Project Exemption From the Residential Development Ordinance, Ronan Avenue Investors, APN 790-16-
231
Item V.G. Resolution Approving Application for Shovel-Ready Project Exemption
H. A Resolution of the City Council of the City of Gilroy Approving TM 09-02 a Tentative Map to Approve
a 4.35 Acre 29-lot Subdivision on Ronan Avenue, APN 790-16-231
Item VIII.H. Resolution Approving TM 09-02 Ronan Avenue Project
Motion to approve Motion to Adopt Resolution 2010-30 of the City Council of the City of Gilroy
Approving TM 09-02 a Tentative Map to Approve a 4.35 Acre 29-lot Subdivision on Ronan Avenue, APN
790-16-231 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
I. A Resolution of the City Council of the City of Gilroy Approving A/S-PUD 09-12, an Application for
Architectural and Site Approval of a 4.35-Acre, 29-Lot Subdivision on Ronan Avenue, APN, 790-16-231
Item VIII.I. Resolution Approving A/S PUD 09-12 Ronan Avenue Project
Motion to approve Motion to Adopt Resolution 2010-31 of the City Council of the City of Gilroy
Approving A/S-PUD 09-12, an Application for Architectural and Site Approval of a 4.35-Acre, 29-Lot
Subdivision on Ronan Avenue, APN, 790-16-231 Moved by Council Member Bob Dillon, seconded by
Council Member Perry Woodward.
J. 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.J. Ordinance Approving Z 07-05 Change in Zoning Designation
Motion to approve Motion to Adopt Ordinance 2010-14 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 Bob Dillon.
K. A Resolution of the City Council of the City of Gilroy Approving A/S 08-01, an Application for
Architectural and Site Approval of a Hotel and Restaurant Complex on a 5.75 Acre Property at the
Northeast Corner of Leavesley Road and Forest Street, APNs 835-01-050 and 835-01-064; Fresh Group
Inc., c/o Tauan Chen, Applicant
Resolution Approving A/S 08-01 Hotel and Restaurant Complex at Leavesley and Forest
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Motion to approve Motion Adopt a Adopt Resolution 2010-32 of the City Council of the City of Gilroy
Approving A/S 08-01, an Application for Architectural and Site Approval of a Hotel and Restaurant
Complex on a 5.75 Acre Property at the Northeast Corner of Leavesley Road and Forest Street, APNs
835-01-050 and 835-01-064 Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro
Tempore Dion Bracco.
L. Cultural Arts Center Demonstration Garden Fence Request
Item VIII.L. Cultural Arts Center Demonstration Garden Fence Request
Motion to approve Direction to Staff to acquire 3 bids with description of fence, bring back to Council
for approval in the downtown area. Council interested in fundraising go forward. Moved by Mayor Al
Pinheiro, seconded by Council Member Cat Tucker.
IX. INTRODUCTION OF NEW BUSINESS
A. Parking Survey for the Civic Center Master Plan, New Library Phase
Item IX.A. Parking Survey for Civic Center Master Plan New Library Phase
B. Settlement Agreement with Charter Communications for Unfulfilled Contract Agreement Provisions
(report attached)
Item IX.B. Settlement Agreement with Charter Communications
B. Settlement Agreement with Charter Communications for Unfulfilled Contract Agreement Provisions
(report attached)
Motion to approve Motion to approve agreement. Moved by Council Member Bob Dillon, seconded by
Council Member Cat Tucker.
C. Residential Development Housing Exemption Request for 51 Units Under Section 50.62 (b) (11) of
the Gilroy Zoning Code for a Project Located at 9135 Monterey Road Zoned C1 (Neighborhood
Commercial), and ND (Neighborhood District), RDO-HE 10-03, The James Group c/o James Suner,
Applicant (report attached)
Item IX.C. RDO Exemption Request for 51 Units The James Group Applicant
Motion to approve Motion to Direct Staff to Prepare a Resolution Approving RDO-HE 10-03 Residential
Development Housing Exemption with additional recommendation Moved by Mayor Pro Tempore Dion
Bracco, seconded by Council Member Perry Woodward.
D. Appeal of the Denial of a Request for City Records Filed with the City on February 4, 2010 and April
9, 2010 Respectively, for Police Department 911 Recordings from an Incident Involving a Pit Bull Attack
on Wednesday, February 24, 2010
Item IX.D. Appeal of Denial of Request for City Records re Pit Bull Attack
Motion to approve Motion to direct staff to release a transcript with required redactions as required by
law, and provide the transcript on the city website. Allow the Dispatch Newspaper to go in to listen to
the raw tape. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon.
E. Concession Agreement and Associated Resolutions Between the City of Gilroy and the Gilroy
Firefighters Association, IAFF Local 2805
Item IX.E. Concession Agreement and Resolutions Between City of Gilroy and IAFF Local 2805
Motion to approve Motion to Adopt Resolution 2010-33 of the City Council of the City of Gilroy
Approving an Agreement Between the City of Gilroy and the Gilroy Firefighters Association, Local
2805, Containing Agreed Upon Salary and Benefit Conditions Moved by Council Member Cat Tucker,
seconded by Mayor Pro Tempore Dion Bracco.
E. Concession Agreement and Associated Resolutions Between the City of Gilroy and the Gilroy
Firefighters Association, IAFF Local 2805
Motion to approve Motion to Adopt Resolution 2010-34 of the City Council of the City of Gilroy
Discontinuing Payment and Reporting of the Employer Paid Member Contribution to CalPERS for IAFF,
Local 2805 Employees Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
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E. Concession Agreement and Associated Resolutions Between the City of Gilroy and the Gilroy
Firefighters Association, IAFF Local 2805
Motion to approve Motion to Adopt Resolution 2010-35 of the City Council of the City of Gilroy
Establishing the Salary Schedules for the Fire, IAFF Local 2805 Employees, Effective July 1, 2010 to
June 30, 2013 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
E. Concession Agreement and Associated Resolutions Between the City of Gilroy and the Gilroy
Firefighters Association, IAFF Local 2805
Motion to approve Motion to Adopt Resolution 2010-36 of the City Council of the City of Gilroy to Tax
Defer Member Paid Contributions - IRC 414 (h) (2) for IAFF, Local 2805 Employees Moved by Council
Member Cat Tucker, seconded by Council Member Bob Dillon.
F. Online Utility Billing Options
Item IX.F. Online Utility Billing Options
G. Response to 2009/2010 Santa Clara County Civil Grand Jury Report
Item IX.G. Response to 2009/2010 SCC Civil Grand Jury Report
Motion to approve Motion to Approve Response Moved by Council Member Perry Woodward, seconded
by Council Member Cat Tucker.
A. Parking Survey for the Civic Center Master Plan, New Library Phase
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 NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code
Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
1. Adjourn to Closed Session
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