HomeMy WebLinkAbout2010-08-02 City Council Regular MeetingCity Council
Regular Meeting
8/2/2010 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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REGULAR MEETING - 6:00 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 00:02:03)
4. Roll Call
B. Orders of the Day
C. Proclamations, Awards and Presentations
1. Proclamation Recognizing Achieve Kids 50 Years of Service
Item I.C. Achieve Kids Proclamation
Motion to approve to remove item sV.B and V. F. from the agenda. Moved by Council Member Cat
Tucker, seconded by Council Member Perry Woodward.
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 Please limit your comments to 3
minutes.
Public Comment
B. Annual Presentation by Gilroy Visitor's Bureau
Item II.B. Gilroy Visitor's Bureau Presentation
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
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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.
A. Minutes of July 8, 2010 Special City Council Meeting
Item V.A. Minutes of July 8, 2010
B. Minutes of July 19, 2010 Regular City Council Meeting
Item V.B. Minutes of July 19, 2010
C. Resolution 2010-38 of the City Council of the City of Gilroy Authorizing the Release of Unclaimed
Checks to the City of Gilroy in the Amount of $616.66, Pursuant to California Code Section 50053
Item V.C. Resolution 2010-38
D. Resolution 2010-39 of the City Council of the City of Gilroy Authorizing the Release of Unclaimed
Checks to the City of Gilroy in the Amount of $47.14, Pursuant to California Code Section 50055
Item V.D. Resolution 2010-39
E. Resolution 2010-40 of the City Council of the City of Gilroy Supporting Proposition 22, The Local
Taxpayer, Public Safety and Transportation Protection Act of 2010
Item V.E. Resolution 2010-40
F. Approval of Budget Amendments and Transfers
Item V.F. Budget Amendments & Transfers
G. Approval of the Surplus of 150 Tons of Rocks Located on the City Owned Gilroy Gardens Property to
Provide to the Non-profit Operator, Gilroy Gardens Family Theme Park, Inc., for Use as Payment for
Services Rendered by Michael Bonfante for Improvements to the Gilroy Gardens Facility
Item V.G. Surplus Rocks
H. Claim of Angela Basile and Gilroy Unified School District (City Administrator Recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claims)
Item V.H. Claim of Angela Basile & GUSD
Motion to approve Motion to Approve Consent Calendar Items A, C, D, E, H Moved by Council Member
Cat Tucker, seconded by Council Member Bob Dillon.
F. Approval of Budget Amendments and Transfers
Motion to approve F. Approval of Budget Amendments and Transfers Moved by Council Member Bob
Dillon, seconded by Council Member Cat Tucker.
G. Approval of the Surplus of 150 Tons of Rocks Located on the City Owned Gilroy Gardens Property to
Provide to the Non-profit Operator, Gilroy Gardens Family Theme Park, Inc., for Use as Payment for
Services Rendered by Michael Bonfante for Improvements to the Gilroy Gardens Facility
Motion to approve Bring back as an agendized item with additional information on the value of the
rocks and the improvements to be made at the facility. Moved by Council Member Bob Dillon,
seconded by Council Member Perry Woodward.
VI. BIDS AND PROPOSALS
A. Award of 2010 Urban Water Management Plan Update Consultant Services to Akel Engineering
Group Inc., in the Amount of $34,480.00, and Authorization to the City Administrator to Execute
Related Documents
Item VI.A. Urban Water Management Update
Motion to approve Motion to Approve Consultant Award to Akel Engineering Group Inc., in the
Amount of $34,480.00, and Authorization to the City Administrator to Execute Documents Moved by
Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
B. Award of San Ysidro Park Recreation Building Remodel, Accessibility and Site Improvements Design
Contract to Hemingway/Stock, Inc. in the Amount of Not to Exceed $50,955.00, and Authorization to
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the City Administrator to Execute Related Documents
Item VI.B. San Ysidro Park Recreation Building Remodel
Motion to approve Motion to put the item off to a study session until all information is available.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry Woodward.
C. Award of Contract for the Testing and Special Inspections Services for the New Library Project
Phase 2 Construction to Smith Emery Company in the Amount of $92,225.00 and Authorization to the
City Administrator to Execute Related Documents
Item VI.C. Contract for Testing & Inspection Services
Motion to approve Motion to Approve Award to Smith Emery Company in the Amount of $92,225.00
and Authorization to the City Administrator to Execute Related Documents Moved by Council Member
Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco.
VII. PUBLIC HEARINGS
A. Public Hearing on Report of Assessment Liens for Weeds and Refuse Abatement
Item VII.A. Assessment Liens for Weeds & Refuse Abatement
Motion to approve Motion to Adopt Resolution 2010-41 of the City Council of the City of Gilroy
Confirming the Report of the Fire Department Chief Setting Forth the Description of Property, Naming
the Owners Thereof, and the Costs of Abating the Nuisance Caused by the Growing of Weeds and
Accumulation of Refuse on Said Property, and Providing that Such Costs Shall Constitute
Assessments Against the Land for all properties listed except for the certain properties listed as #'s:
B. Public Hearing on Report of Assessment Lien for a Property Located at 1221 Cypress Court, Gilroy
for the Non-payment of Charges for Public Nuisance Abatement
Item VII.B. Assessment Lien for 1221 Cypress Court
Motion to approve Motion to Adopt Resolution 2010-42 of the City Council of the City of Gilroy
Confirming the Report of the city Administrator Setting Forth the Description of Property, the Owners
Thereof, and the Cost of Abating the Residential Property Blight Conditions Which Constitute a
Nuisance Pursuant to Resolution No. 2010-04, and Providing that Such Costs Shall Constitute an
Assessment Against the Land Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore
Dion Bracco.
VIII. UNFINISHED BUSINESS
A. Cultural Arts Center Demonstration Garden Fence Request
Item VIII.A. Cultural Arts Center Fence Request
B. 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 December 31, 2010
Item VIII.B. URM Deadline Extension
B. 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 December 31, 2010
C. A Resolution of the City Council of the City of Gilroy Approving RDO HE 10-03, An Application for a
Shovel-ready Project Exemption From the Residential Development Ordinance, The James Group, APN
790-07-001, The James Group c/o James Suner, Applicant (Heard July 19, 2010 with a 5-1-1 vote,
Council Member Tucker voting no, Council Member Arellano absent)
Item VIII.C. Resolution Approving RDO HE 10-03 Shovel-Ready Exemption The James Group
Motion to approve Motion to Adopt Ordinance 201008 of the City Council of the City of Gilroy
Approving RDO HE 10-03, An Application for a Shovel-ready Project Exemption From the Residential
Development Ordinance, The James Group, APN 790-07-001 Moved by Council Member Bob Dillon,
seconded by Council Member Perry Woodward.
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A. Cultural Arts Center Demonstration Garden Fence Request
Motion to approve support of the live fence. Moved by Council Member Craig Gartman, seconded by
Council Member Perry Woodward.
B. 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 December 31, 2010
B. 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 December 31, 2010
B. 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 December 31, 2010
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading Moved by
Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
IX. INTRODUCTION OF NEW BUSINESS
A. Review of First Floor Office Uses in the Downtown Historic District
Item IX.A. First Floor Office Uses in Downtown Historic District
B. Acceptance of 2010/2011 Office of Traffic Safety Grant Funding Award in the Amount of
$200,000.00 for Selective Traffic Enforcement Program
Item IX.B. Acceptance of Traffic Safety Grant Funding Award
Motion to approve Motion to Accept 2010/2011 Office of Traffic Safety Grant Award in the Amount of
$200,000.00 for Selective Traffic Enforcement Program, and Authorization to the City Administrator
to Execute Related Documents Moved by Council Member Perry Woodward, seconded by Council
Member Bob Dillon.
C. Uvas Creek Trail/Lions Creek Trail Projects Construction Design
Item IX.C. Uvas Creek Trail/Lions Creek Trail Projects
Motion to approve Motion to Approve the Mitigated Negative Declaration, Finding that it: (a) has been
Completed in Compliance with CEQA;(b) reflects the Independent Judgment of the City; and, (c)
there is no Substantial Evidence that the Project will have a Significant Effect on the Environment
Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon.
C. Uvas Creek Trail/Lions Creek Trail Projects Construction Design
Motion to approve Motion to Approve the Construction Design for the Uvas Creek Trail Project and the
Lions Creek Trail Project with the adoption of the mitigation monitoring program. Moved by Council
Member Cat Tucker, seconded by Council Member Craig Gartman.
D. Selection of Voting Delegate and Alternate for the League of California Cities Annual Conference,
September 15-17, 2010
Item IX.D. Selection of Voting Delegate League of CA Cities Annual Conference
Motion to approve Motion to Approve Mayor Pinheiro as the Voting Delegate a for the League of
California Cities Annual Conference, September 15-17, 2010 Moved by Council Member Perry
Woodward, seconded by Council Member Craig Gartman.
E. Recommendations for the City Owned Youth Center Site Located at 7400 Railroad Street, Gilroy
Item IX.E. City Owned Youth Center Site
Motion to approve Motion to Direct Staff to Sell the Property Located at 7400 Railroad Street, and
Use the Proceeds of the Sale for the Expansion of the San Ysidro Youth Center Site, Moved by Council
Member Perry Woodward, seconded by Council Member Cat Tucker.
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C. A Resolution of the City Council of the City of Gilroy Approving RDO HE 10-03, An Application for a
Shovel-ready Project Exemption From the Residential Development Ordinance, The James Group, APN
790-07-001, The James Group c/o James Suner, Applicant (Heard July 19, 2010 with a 5-1-1 vote,
Council Member Tucker voting no, Council Member Arellano absent)
C. A Resolution of the City Council of the City of Gilroy Approving RDO HE 10-03, An Application for a
Shovel-ready Project Exemption From the Residential Development Ordinance, The James Group, APN
790-07-001, The James Group c/o James Suner, Applicant (Heard July 19, 2010 with a 5-1-1 vote,
Council Member Tucker voting no, Council Member Arellano absent)
Motion to approve Motion to Adopt Resolution 2010-43 of the City Council of the City of Gilroy
Approving RDO HE 10-03, An Application for a Shovel-ready Project Exemption From the Residential
Development Ordinance, The James Group, APN 790-07-001 Moved by Council Member Bob Dillon,
seconded by Council Member Perry Woodward.
IX. INTRODUCTION OF NEW BUSINESS
A. Review of First Floor Office Uses in the Downtown Historic District
Motion to approve Temporarily eliminate CUP requirement for 3 years. Moved by Council Member Perry
Woodward, seconded by Mayor Al Pinheiro.
Motion to approve Continue with current policy. Moved by Council Member Bob Dillon, seconded by
Council Member Peter Arellano, M.D..
X. CITY ADMINISTRATOR'S REPORTS
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION; CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITPursuant to
Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:
1. Public Comment on Item XII.A.
2. Adjourn to Closed Session
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