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Home My WebLink About2009-07-06 City Council Regular MeetingCity Council Regular Meeting 7/6/2009 6:00 PM City Council Chambers, City Hall 7351 Rosanna Street Gilroy, CA 95020 Downloads: Video SPECIAL MEETING I. Interviews for the Library Bond Oversight Committee/Study Session Housing Element Library Bond Interviews Housing Element I. OPENING A. Call to Order at 7:00 p.m. 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 00:46:38) B. Orders of the Day C. Proclamations, Awards and Presentations 1. Presentation of Awards to Mark Tarasco, Steve Hayes and John Garcia as Volunteers of the Month of June, 2009 Presentation I.C. 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 III. REPORTS OF COUNCIL MEMBERS 1. Mayor Pro Tempore Bracco 2. Council Member Tucker 3. Council Member Arellano 4.Council Member Woodward A. Discussion of the Cost Savings and Other Advantages of Creating an In-house City Attorney Position B. Discussion Concerning Council's Policies and Procedures as to Negotiations with Bargaining Units 5. Council Member Gartman 6. Council Member Dillon 7. MAYOR'S REPORT A. Discussion of Gilroy Membership in the Peninsula Cities Coalition on High Speed Rail Mayor's Report 11/12/24, 9:31 AM 2009/07/06 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1443&Print=Yes 1/5 IV. FUTURE COUNCIL INITIATED AGENDA ITEMS V. CONSENT CALENDAR A. Minutes of May 27, 2009 Special Meeting, June 1, 2009 Regular Meeting, June 8, 2009 Regular Meeting, June 11, 2009 Special Meeting Minutes B. Claim of Guadalupe Cerda (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Claims V.B. C. Claim of Dwayne Baker, Eigleberry Apartments (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) V.C. D. Open Recruitment for 5 seats on the Gilroy Youth Commission (2 year terms, expiring September, 2011) V.D. Motion to approve consent calendar with the June 8, 2009 omitted. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. VI. BIDS AND PROPOSALS - None VII. PUBLIC HEARINGS - None VIII. UNFINISHED BUSINESS A. Street Tree Master Planting Plan and Street Tree Removal Policy VIII.A. Motion to approve Motion to Approve the Revised Street Tree Master Planting Plan and Tree List, and Street Tree Removal Policy Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D.. B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011- 013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011- 013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011-013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 Motion to approve Motion to Direct Staff to Prepare a Resolution Making CEQA Findings for the Project, and to Prepare a Mitigation/monitoring Report Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011- 013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 11/12/24, 9:31 AM 2009/07/06 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1443&Print=Yes 2/5 B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011- 013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 Motion to approve Motion to Direct Staff to Prepare a Resolution Approving GPA 07-05 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. B. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011- 013; 810-21-001, 002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033, South Valley Community Church Applicant, GPA 07-05 Motion to approve Motion to Approve the Allocation of 15 Residential Units Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. IX. INTRODUCTION OF NEW BUSINESS A. Resolutions of the City Council of the City of Gilroy Approving Concession Agreements with Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters and Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers A. Resolutions of the City Council of the City of Gilroy Approving Concession Agreements with Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters and Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers IX.A. Motion to approve Motion to Adopt Resolution 2009-24 of the City Council of the City of Gilroy Approving Concession Agreement with Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Motion to approve Motion to Adopt a Resolution 2009-25 of the City Council of the City of Gilroy Approving Concession Agreement with Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. B. Consideration of Various City Council Salary and Benefit Reductions IX.B. Motion to approve Motion to Adopt a Resolution 2009-26 of the City Council of the City of Gilroy Reducing City Council Salaries by 10% and Freezing Council Compensation Levels for the Period of Fiscal Year 2010 and Fiscal Year 2011 Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. C. Discussion of Conducting All Mail Ballot Elections for City General and Special Election IX.C. D. Designation of Voting Delegate and Alternate for the League Annual Conference, September 16-18, 2009 IX.D. Motion to approve Motion to Appoint Council Member Tucker as Voting Delegate and Mayor Pinheiro as Alternate for the League Annual Conference, September 16-18, 2009 Moved by Mayor Al Pinheiro, seconded by Council Member Perry Woodward. E. A Resolution of the City Council of the City of Gilroy Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds IX.E. Motion to approve Motion to Adopt Resolution 2009-27 of the City Council of the City of Gilroy Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and 11/12/24, 9:31 AM 2009/07/06 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1443&Print=Yes 3/5 Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds Direction to not spend more than $500 in legal fees. Moved by Council Member Peter Arellano, M.D., seconded by Council Member Perry Woodward. F.Approval of Letter of Support to South County Housing for Neighborhood Stabilization Program 2 Funding with Leverage from Gilroy's Housing Trust Fund IX.F. Motion to approve Motion to Approve Letter of Support Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro Tempore Dion Bracco. G. Approval of Residential Development Loan Program (RDLP) Loan Agreement and Authorization to the City Administrator to Sign Documents IX.G. Motion to approve Motion to Approve RDLP Loan Agreement and Authorization to the City Administrator to Sign Documents Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D.. H. A Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2009-15, and Re- Establishing the Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6-1, Et Seq. IX1. Adjourn to the Meeting of the Board of Directors of the Gilroy Industrial Development Authority A. A Resolution of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 82-35 Designating the Secretary and Treasurer of the Industrial Development Authority Motion to approve Motion to Adopt a Resolution 2009-01 of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 82-35 Designating the Secretary and Treasurer of the Industrial Development Authority Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. B. A Resolution of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 2003-01 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals Motion to approve Motion to Adopt a Resolution 2009-02 of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 2003-01 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. IX2.Adjourn Meeting of the Board of Directors of the Gilroy Industrial Development Authority to the Meeting of the Board of Directors of the Community Development Agency of the City of Gilroy A. Resolution of the Board of Directors of the Community Development Agency of the City of Gilroy Amending Resolution No. 2003-02 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals X3.Adjourn Meeting of the Board of Directors of the Community Development Agency of the City of Gilroy to the Regular Meeting of the City Council of the City of Gilroy IX4.REGULAR CITY COUNCIL MEETING G. Approval of Residential Development Loan Program (RDLP) Loan Agreement and Authorization to the City Administrator to Sign Documents Motion to approve Motion to Adopt a Resolution 2009-01 of the Board of Directors of the Community Development Agency of the City of Gilroy Amending Resolution No. 2003-02 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. H. A Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2009-15, and Re- Establishing the Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6- 11/12/24, 9:31 AM 2009/07/06 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1443&Print=Yes 4/5 1, Et Seq. Motion to approve Motion to Adopt Resolution 2009-28 of the City Council of the City of Gilroy Rescinding Resolution No. 2009-15, and Re-Establishing the Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6-1, Et Seq. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. X. CITY ADMINISTRATOR'S REPORTS XI. CITY ATTORNEY'S REPORTS XII. CLOSED SESSION A. 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: The Don Chapin Company, Inc. v. City of Gilroy, Harris & Associates, Inc., Case No. 1-08-CV-112653, Superior Court of California, County of Santa Clara 1. Public Comment 2. Receive Advice of City Attorney re: Reasons for Closed Session on Item XII.A. 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. WLC Architects, Inc, et al., Case No. CIV 471337, Superior Court, County of San Mateo 1. Public Comment 2. Receive Advice of City Attorney re: Reasons for Closed Session on Item XII.B. 3. Motion to Adjourn to Closed Session on Items XII.A. and XII.B. Motion to approve to adjourn on Items XII.A and B Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. 4. ADJOURN to Open Session and Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1.and Gilroy Code Section 17A.13 (a), Public Report of the vote to continue in closed session if required, Gilroy Code Section 17A.11 (e) 5. ADJOURNMENT TO THE SPECIAL MEETING OF JULY 13, 2009 Powered by Granicus 11/12/24, 9:31 AM 2009/07/06 06:00 PM City Council Regular Meeting - Web Outline - City of Gilroy, CA gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1443&Print=Yes 5/5