HomeMy WebLinkAbout2010-12-06 City Council Regular MeetingCity Council
Regular Meeting
12/6/2010 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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REGULAR MEETING
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, 1 Excused) (Recorded at 00:31:28)
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 Please limit your comments to 3
minutes.
Item II.A. Public Comment
B. Bicycle Pedestrian Commission Annual Presentation to Council
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 November 15, 2010 Regular Meeting
Item V.A. Minutes of November 15, 2010
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B. Notice of Acceptance of Completion for Well (8) Eight and 8A Permanent Standby Generator, Project
No. 08-CDD-16
Item V.B. Notice of Acceptance of Completion
C. Budget Amendment Request to Allocate $150,000.00 for Studies, Document Reviews, Data
Collection and Preparation of Grant Applications for Work Associated with the California High Speed
Rail Project
Item V.C. Budget Amendment
Motion to approve C. Budget Amendment Request to Allocate $150,000.00 for Studies, Document
Reviews, Data Collection and Preparation of Grant Applications for Work Associated with the
California High Speed Rail Project Moved by Council Member Peter Arellano, M.D., seconded by
Council Member Perry Woodward.
Motion to approve Consent Calendar Items A, B, Moved by Council Member Perry Woodward,
seconded by Council Member Peter Arellano, M.D..
VI. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Approving AS/PUD 10-18, an Application for
Architectural and Site Approval of a 94-lot Subdivision Located North of Sunrise Drive and West of
Santa Teresa Boulevard, APN 783-20-055
Item VI.A. Resolution Approving AS/PUD 10-18
Motion to approve Motion to Adopt Resolution 2010-63 of the City Council of the City of Gilroy
Approving AS/PUD 10-18, an Application for Architectural and Site Approval of a 94-lot Subdivision
Located North of Sunrise Drive and West of Santa Teresa Boulevard, APN 783-20-055 with the
change of the temporary sidewalk. Moved by Council Member Peter Arellano, M.D., seconded by
Mayor Pro Tempore Dion Bracco.
B. An Ordinance of the City Council of the City of Gilroy Amending the Contract Between the Board of
Administration of the California Public Employees' Retirement System and the City Council of the City
of Gilroy to Implement a Second Tier Retirement Benefit for New Safety Members
Item VI.B. Ordinance Amending Contract with PERS
Motion to approve Motion to Adopt Ordinance 2010-18 of the City Council of the City of Gilroy
Amending the Contract Between the Board of Administration of the California Public Employees'
Retirement System and the City Council of the City of Gilroy to Implement a Second Tier Retirement
Benefit for New Safety Members Moved by Council Member Bob Dillon, seconded by Council Member
Perry Woodward.
VII. CEREMONIAL ITEMS
A. Official Canvass of the November 2, 2010 Municipal Election Results
1. Roll Call
Item VII.A. Municipal Election Results
Motion to approve Motion to Adopt Resolution 2010-64 of the City Council of the City Approving and
Adopting the Certification of the Registrar of Voters' Canvass of the General Municipal Election and
Declaring Results of Such Election Held in the City of Gilroy on November 2, 2010 Moved by Member
Craig Gartman, seconded by Council Member Cat Tucker.
Roll call (7 Present, 1 Absent, 0 Excused) (Recorded at 02:06:31)
VIII. BIDS AND PROPOSALS
A. Approval of Consultant Agreement with HDR Engineering, Inc. to Conduct a Rate Study of the City
Water and Wastewater Enterprises
Item VIII.A. Approval of Consultant Agreement with HDR Engineering, Inc.
Motion to approve Motion to Approve Consultant Agreement With HDR Engineering, Inc. Not to
Exceed $46,315.00, to Conduct a Rate Study of the City's Water and Wastewater Enterprises, and
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Authorize the City Administrator to Negotiate and Execute Related Documents Moved by Council
Member Cat Tucker, seconded by Council Member Bob Dillon.
IX. PUBLIC HEARINGS
A. Tentative Map Request to Subdivide Approximately 59.
Item IX.A. Tentative Map Machado Project
Motion to approve Motion to Direct Staff to Prepare a Resolution Certifying the Rancho San Ysidro-
Machado Subdivision EIR and Adopting a Statement of Overriding Considerations Moved by Council
Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
A. Tentative Map Request to Subdivide Approximately 59.
Motion to approve Motion to Direct Staff to Prepare a Resolution approving TM 04-15 Moved by
Council Member Perry Woodward, seconded by Council Member Bob Dillon.
A. Tentative Map Request to Subdivide Approximately 59.
Motion to approve Motion to Direct Staff to Prepare a Resolution Approving, AS 04-62 Moved by
Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D..
B. Approval of State of California Law Enforcement Block Citizens' Option for Public Safety (COPS)
Grant Spending Plan for Fiscal Year 2010/2011 in the Amount of $100,000.00
Item IX.B. Approval of COPS Grant
Motion to approve Motion to Approve Fiscal Year 2010/2011 State of California Law Enforcement
Block Grant (COPS Grant) Spending Plan Moved by Mayor Pro Tempore Dion Bracco, seconded by
Council Member Bob Dillon.
C. Tentative Map Request to Create 7 Residential and 2 Commercial Condominiums on a Property
Located at 66 Third Street, Zoned Downtown Expansion District (DED), Barbara Seiler Applicant; TM
10-02
Item IX.C. Tentative Map Seiler Project
Motion to approve Motion to Direct Staff to Prepare a Resolution Approving, TM 10-02 Moved by
Council Member Bob Dillon, seconded by Council Member Cat Tucker.
X. INTRODUCTION OF NEW BUSINESS
A. San Ysidro Park Recreation Building Options Study and Design Award
Item X.A. San Ysidro Park Recreation Building
Motion to approve Motion to Approve Hemingway/Stock, Inc. to Reactivate the Design of the San
Ysidro Park Recreation Building Remodel, Accessibility & Site Improvements Project, Option 2 with A,
B & C, and Authorize the City Administrator to Execute Related Documents Moved by Mayor Pro
Tempore Dion Bracco, seconded by Council Member Perry Woodward.
B. An Ordinance of the City Council of the City of Gilroy Amending Section 2.13(A) of the Gilroy City
Code Revising the Start Time of Regular Meetings of the City Council to 5:00 p.m.
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading Moved by
Council Member Perry Woodward, seconded by Council Member Bob Dillon.
Motion to approve Receive Report Moved by Council Member Peter Arellano, M.D., seconded by
Council Member Cat Tucker.
B. An Ordinance of the City Council of the City of Gilroy Amending Section 2.13(A) of the Gilroy City
Code Revising the Start Time of Regular Meetings of the City Council to 5:00 p.m.
Item X.B. Ordinance Amending City Code re Start Time of Regular Meeting
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Motion to approve Motion to Introduce An Ordinance of the City Council of the City of Gilroy
Amending Section 2.13(A) of the Gilroy City Code Revising the Start Time of Regular Meetings of the
City Council to 600 p.m. Moved by Council Member Peter Arellano, M.D., seconded by Council
Member Bob Dillon.
Motion to approve Motion to Adopt Resolution 2010-65 of the City Council of the City of Gilroy
Extending the Deadline to Complete the Seismic Safety Retrofitting Mitigation Program for
Unreinforced Masonry Buildings and the Imposition of Penalties to June 30, 2011 Moved by Council
Member Perry Woodward, seconded by Council Member Bob Dillon.
C. A Resolution of the City Council of the City of Gilroy Extending the Deadline to Complete the
Seismic Safety Retrofitting Mitigation Program for Unreinforced Masonry Buildings and the Imposition
of Penalties to June 30, 2011
Item X.C. Resolution Extending Deadline to Complete Seismic Safety Retrofitting
D. Fiscal Year 2010/2011 First Quarter Budget Review (report attached)
Item X.D. Fiscal Year 2010/2011 First Quarter Budget Review
E. Selection of Mayor Pro Tempore
Motion to approve Motion to Appoint Council Member Cat Tucker as Mayor Pro Tempore for a (2) Two-
Year Term. Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-
Munoz.
B. An Ordinance of the City Council of the City of Gilroy Amending Section 2.13(A) of the Gilroy City
Code Revising the Start Time of Regular Meetings of the City Council to 5:00 p.m.
Motion to approve Motion to read by title only . Moved by Council Member Peter Arellano, M.D.,
seconded by Council Member Bob Dillon.
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading Moved by ,
seconded by .
C. A Resolution of the City Council of the City of Gilroy Extending the Deadline to Complete the Seismic
Safety Retrofitting Mitigation Program for Unreinforced Masonry Buildings and the Imposition of
Penalties to June 30, 2011
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Pursuant to Government Code
Section 54856.9(b)(2)(C); Gilroy City Code Section 17A.8,17A.11; Claim: AT &T Claim for Refund of
Utility User Tax, City of Gilroy as Defendant
Item XII.A. Closed Session Claim
1. ADJOURN TO CLOSED SESSION
2. ADJOURNMENT TO THE MEETING OF JANUARY 10, 2011
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