HomeMy WebLinkAbout2009-04-06 City Council Regular MeetingCity Council
Regular Meeting
4/6/2009 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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STUDY SESSION
I. First Floor Offices in the Downtown Historic District - General Plan Amendment (GPA) 08-03 and Z
08-05
Study Session I
II. Proposal to Amend the Definition of Gross Floor Area for Determining Allowable Building Sizes Using
Floor Area Ratio
Study Session II
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 01:00:40)
B. Orders of the Day
C. Proclamations, Awards and Presentations
I. Proclamation Naming April 24, 2009 as "Arbor Day" in the City of Gilroy
Item I.C.I. Arbor Day
II. Proclamation Naming April as "Donate Life California" Month in the City of Gilroy
Item I.C.II Donate Life California
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
III. REPORTS OF COUNCIL MEMBERS
1. Mayor Pro Tempore Bracco - Gilroy Gang Task Force, Gilroy Gardens Board,Historical Heritage
Committee, Santa Clara Co. Library JPA, SCRWA, Street Naming Committee
2. Council Member Tucker - Gilroy Visitor's Bureau, SCC Recycling & Waste Reduction Commission
3. Council Member Arellano - ABAG, PAB County Expressway Advisory Board, Gilroy Open Government
Commission
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4. Council Member Woodward - SCC Emergency Preparedness Council, Santa Clara Valley Habitat
Conservation Plan/Natural Community Conservation Plan Liaison Group, Gilroy Open Government
Commission, VTA Policy Advisory Committee, VTA Board of Directors Alternate, VTA ‘MGM Group 4'
5. Council Member Gartman
A. Consideration of Holding a Study Session to Address the Santa Clara Valley Water District's
Mandatory 15% Water Conservation Measure
B. Street Naming Committee, South Santa Clara County Planning Committee, Santa Clara Valley
Water District Water Committee
6. Council Member Dillon - Gilroy School District Accountability Task Force, SC Valley Water District
Uvas/Llagas Committee, SCRWA
7. MAYOR'S REPORT
A. Temporary Account to Hold Funds for the Gilroy Community Organization/Memorial Day Parade
and Information on the Reimbursement of City Incurred Event Costs
B. Economic Development Corporation Board, Gilroy Downtown Business Assoc. Board, Gilroy Sister
Cities Association, LAFCO, SCC Cities Association Board, SCRWA, Street Naming Committee, Gilroy
Open Government Commission
IV. CONSENT CALENDAR
B. Notice of Acceptance of Completion, Property Improvement Agreement 2003-02, Tract 9467 -
Trimble Court, APN 790-08-012 & 013, South County Community Builders, a California Non Profit
Corporation
Item IV.B. Acceptance of Completion
C. Resolution in Support of GUSD Character Counts Program
Item IV.C. Character Counts Program
Motion to approve B, C on consent Moved by Council Member Bob Dillon, seconded by Council Member
Perry Woodward.
A. Minutes of March 16, 2009 Regular Meeting and March 23, 2009 Special Meeting
Item IV.A. Minutes
Motion to approve Amend the minutes of March 16, 2009: Motion to approve that all labor
negotiation material shall be delivered to council by 5:00 p.m . the Friday before the Council
meeting. A closed session memo shall be included. materials not available by Friday shall be emailed
to Council before the meeting Moved by Council Member Craig Gartman, seconded by Mayor Pro
Tempore Dion Bracco.
D. Claim of Jose Francisco Sanchez (City Administrator recommends a "yes" vote under the Consent
Calendar shall constitute the denial of the claims)
Item IV.D. Claims
V. BIDS AND PROPOSALS - None
VI. PUBLIC HEARINGS
A. Public Hearing to Review the Proposed Community Development Block Grant Public Service Funding
Allocations and Housing Trust Fund Allocations for Program Year 2009 (July 1, 2009 - June 30, 2010)
Item VI.A. Block Grant Funds
Motion to approve Accept all recommendations in their entirety. Moved by Council Member Cat
Tucker, seconded by Mayor Pro Tempore Dion Bracco.
VII. UNFINISHED BUSINESS
A. Appointment of Arts and Culture Commission Member to Serve 1 year of an Un-expired Term
Ending December 31, 2009
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Item VII.A. Arts and Culture Commission
Motion to approve Motion to Appoint L Mattock Scariot a Member to the Arts and Culture Commission
with a Term Ending December 31, 2009 Moved by Council Member Cat Tucker, seconded by Council
Member Craig Gartman.
B. Recommendation to the California High Speed Rail Authority for Review in the Preparation of the
Project Level EIR/EIS Study for the California High-Speed Train System from San Jose to Merced
Item VII.B. High Speed Rail
Motion to approve Motion to Forward Recommendations to the California High Speed Rail Authority
for Review in the Preparation of the Project Level EIR/EIS Study for the California High-Speed Train
System from San Jose to Merced Moved by Council Member Bob Dillon, seconded by Council Member
Perry Woodward.
C. Introduction of an Ordinance Amending the Gilroy City Code Chapter 2, Article 2 Titled "City
Council", Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00
p.m.
Item VII.C. Regular Meetings
C. Introduction of an Ordinance Amending the Gilroy City Code Chapter 2, Article 2 Titled "City
Council", Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00
p.m.
D. Approval of Harley Ellis Devereaux as Sole Source Provider for Design Services to Complete the
New Library Design and Authorization of the Execution of a Proposal in the Amount of $94,850. with
Harley Ellis Devereaux to Establish a Scope of Work for the Final Design Phase
Item VII.D. Library Design
Motion to approve Motion to Approve Harley Ellis Devereaux as Sole Source Provider for Design
Services to Complete the New Library Design and Authorization to Execute an Agreement with Harley
Ellis Devereaux in the Amount of $94,850. to Complete the Final Design Phase of the New Library
Moved by Council Member Peter Arellano, M.D., seconded by Council Member Bob Dillon.
C. Introduction of an Ordinance Amending the Gilroy City Code Chapter 2, Article 2 Titled "City
Council", Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00 p.m.
Motion to approve to read the ordinance by title only and waive further reading of the ordinance.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry Woodward.
C. Introduction of an Ordinance Amending the Gilroy City Code Chapter 2, Article 2 Titled "City
Council", Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00 p.m.
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy Amending
Chapter 2, Article II. Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time
to 6:00 p.m. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker.
VIII. INTRODUCTION OF NEW BUSINESS
A. Resolution the City Council of the City of Gilroy Rescinding Resolution 95-77 and Establishing New
Procedures and Penalties for Parking Violations and Late Payment Penalties
Item VIII.A. Parking Violations
Motion to approve Motion to Adopt a Resolution of the City Council of the City of Gilroy Rescinding
Resolution 95-77 and Establishing New Procedures and Penalties for Parking Violations and Late
Payment Penalties. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
B. Authorization of the Acceptance of $90,369 in Edward Byrne Memorial Justice Assistance Grant
Funds for the Purchase of Equipment and Continuation of the DARE Program through June 30, 2010
Item VIII.B. Grant Funds
Motion to approve Motion to Authorize the Acceptance of $90,369 in Edward Byrne Memorial Justice
Assistance Grant Funds and Authorization of the Purchase of Equipment and Continuation of the
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DARE Program through June 30, 2010 Moved by Mayor Pro Tempore Dion Bracco, seconded by
Council Member Peter Arellano, M.D..
C. Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program Grant Application for the
Rehiring of Seven Vacant Police Officer Positions
Item VIII.C. Police Officer Positions
Motion to approve Motion to Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program
Grant Application for the Rehiring of Seven Vacant Police Officer Positions - Option 3 and the grant
shall not be accepted without City Council approval and the legal opinion of the Federal Statute.
Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon.
Motion to approve Motion to Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program
Grant Application for the Rehiring of Seven Vacant Police Officer Positions Option 3 and the grant
shall not be accepted without City Council approval. Moved by Council Member Craig Gartman,
seconded by Council Member Bob Dillon.
D. Authorization of the Execution of a Downgrade Provision Waiver with MBIA, Inc. to Maintain
Collateralized Funds Related to the 1999A Revenue Bonds for the South County Regional Wastewater
Authority Expansion Project
Item VIII.D. SCRWA Bonds
Motion to approve Motion to Authorize the City Administrator to Execute a Downgrade Provision
Waiver with MBIA, Inc. to Maintain Collateralized Funds Related to the 1999A Revenue Bonds for the
South County Regional Wastewater Authority Expansion Project Moved by Council Member Peter
Arellano, M.D., seconded by Council Member Craig Gartman.
IX. CITY ADMINISTRATOR'S REPORTS
A. Update on Graffiti Issues
Motion to approve Direct the City Administrator to bring the item back for a vote with a report on
how to fill the position. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Perry Woodward.
IX. CITY ADMINISTRATOR'S REPORTS
X. CITY ATTORNEY'S REPORTS
XI. FUTURE COUNCIL INITIATED AGENDA ITEMS
XII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section
54956.8, Gilroy Code Section 17A.8 (2) Properties: North Side of Highway 152, West of Burchell Road,
Gilroy, APN 783-05-013, North Side of Highway 152, East of Burchell Road, Gilroy, APN 783-04-
005,Person's Negotiating: Charlie Krueger, Engineer II Other Party to Negotiation: California
Department of Transportation Under Negotiation: Price and Terms of Payment
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957,
Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk
C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS Pursuant to Government
Code Section 54957.6, Gilroy City Code Section 17A.8 (5) City Negotiators:
1. Public Comment on Item XII.A, Item XII.B. and Item XII.C.
2. Adjourn to Closed Session
3. ADJOURN to Open Session.
XIII. ADJOURNMENT TO THE MEETING OF APRIL 20, 2009
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