HomeMy WebLinkAbout2009-08-03 City Council Regular MeetingCity Council
Regular Meeting
8/3/2009 5:30 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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SPECIAL MEETING
I. Medicinal Marijuana Dispensaries in the City of Gilroy
Medicinal Marijuana Dispensaries
I. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS Pursuant to Government
Code Section 54957.6, Gilroy City Code Section 17A.8 (5), City Negotiators:
REGULAR MEETING opened at 7:40 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 02:09:31)
4. Roll Call
B. Orders of the Day
C. Proclamations, Awards and Presentations
1. Proclamation to Northern California Football League (NCFL) Proclaiming Barnstormer Day August
8th, 2009
Barnstormer Day
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
VIII. UNFINISHED BUSINESS
A. Appointment of Members to the Library Bond Oversight Committee
Library Bond Committee
Motion to approve Motion to Adopt a Resolution 2009-32 of the City Council of the City of Gilroy
Making Certain Findings Required by the California Environmental Quality Act (CEQA) in Connection
with GPA 07-05, an Amendment to the Hecker Pass Specific Plan for Which an Addendum to a
Previously Certified Environmental Impact Report (EIR) Has Been Prepared, and Adopting the
Mitigation Measures and Approving a Mitigation Monitoring Program for the South Valley Community
Church Moved by Council Mem
Motion to approve Motion to Appoint Library Bond Oversight Committee Members Moved by Council
Member Cat Tucker, 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
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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
Hecker Pass
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 Adopt a Resolution 2009-33 of the City Council of the City of Gilroy
Approving GPA 07-05 Amending the Hecker Pass Specific Plan Located at the Western Gateway of the
City of Gilroy and Commonly Known as the "Hecker Pass Area" for the Revised Church, School and
Residential Project Proposed by South Valley Community Church Moved by Council Member Bob
Dillon, seconded by Council Member Cat Tucker.
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 Adopt a Resolution 2009-34 of the City Council of the City of Gilroy
Approving an Application for a "Special Exception" from the Residential Development Ordinance to
Allocate 15 Single Family Residential Units in 2012 on Property Located at 1690 and 1750 Hecker
Pass Highway, APN's 810-21-004, 005 Moved by Council Member Cat Tucker, seconded by Council
Member Perry Woodward.
C. Report on Federal ARRA Stimulus Funding for Sidewalk Repair Project and Approval of Budget
Amendment to Receive and Expend $663,000.00 in Federal Funds for the Citywide Sidewalk
Rehabilitation Project
Sidewalk Repair
Motion to approve Receive Report and Approve Budget Amendment to Receive and Expend
$663,000.00 in Federal Funds for the Citywide Sidewalk Rehabilitation Project Moved by Council
Member Perry Woodward, seconded by Council Member Cat Tucker.
D. Consideration of Various Options with Regards to Binding Arbitration
Binding Arbitration
Motion to approve Request to Meet and Confer with the Police and Fire Units to Discuss the Criteria
and Parameters to be Used by an Arbitrator Council meet in closed session to get a footprint to
negotiations. Moved by Mayor Al Pinheiro, seconded by Council Member Peter Arellano, M.D..
E. Resolution of the City Council of the City of Gilroy Authorizing Proceedings and Documents Relating
to Refunding of Outstanding Auction Rate Securities and Financing of Capital Improvements
Capital Improvements
A. Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing
the Issuance and Sale of Notes in the Aggregate Principal Amount of Not to Exceed $55,000,000.00 to
Refund Outstanding Auction Rate Securities and Finance Capital Improvements, and Approving
Related Financing Documents and Official Actions
Board of Directors
Motion to approve Motion to Adopt a Resolution 2009-01 of the Board of Directors of the Gilroy Public
Facilities Financing Authority Authorizing the Issuance and Sale of Notes in the Aggregate Principal
Amount of Not to Exceed $55,000,000.00 to Refund Outstanding Auction Rate Securities and Finance
Capital Improvements, and Approving Related Financing Documents and Official Actions Moved by
Council Member Bob Dillon, seconded by Council Member Cat Tucker.
D. Consideration of Various Options with Regards to Binding Arbitration
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Motion to approve * Take no Action Regarding the City's Charter Provision on Binding Arbitration
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Arellano, M.D..
III. REPORTS OF COUNCIL MEMBERS
1. Mayor Pro Tempore Bracco
A. Review of the City's Cardroom Ordinance
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
A. Minutes of July 20, 2009 Regular Meeting
Minutes
B. Open Recruitment for 4 seats on the Housing Advisory Commission
Housing Advisory Recruitment
C. Gilroy Unified School District - Christopher High School, Phase II Fee and Cost Deferral Agreement
GUSD
D. Resolution of the City Council of the City of Gilroy Endorsing the ABAG Residential Seismic
Strengthening Standard Plan Set at a Fixed Fee Including Plan Check and Inspection of $225.00 for
Voluntary Residential Retrofitting
Seismic Strenthening
E. Second Amendment to the Single Tenant Lease with Gilroy Gardens, Inc.
Gilroy Gardens Lease
F. Claim of Jacob Alvarez (City Administrator recommends a "yes" vote under the Consent Calendar
shall constitute the denial of the claims)
Claim of Jacob Alvarez
G. Claim of Shawn Atencio (City Administrator recommends a "yes" vote under the Consent Calendar
shall constitute the denial of the claims)
Claim of Shawn Atencio
V. CONSENT CALENDAR
V. CONSENT CALENDAR
Motion to approve all except C, E, and F Moved by Council Member Cat Tucker, seconded by Council
Member Perry Woodward.
C. Gilroy Unified School District - Christopher High School, Phase II Fee and Cost Deferral Agreement
C. Gilroy Unified School District - Christopher High School, Phase II Fee and Cost Deferral Agreement
Motion to approve Consent Item C, E and F Moved by Mayor Pro Tempore Dion Bracco, seconded by
Council Member Cat Tucker.
VI. BIDS AND PROPOSALS - None
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VII. PUBLIC HEARINGS - None
E. Resolution of the City Council of the City of Gilroy Authorizing Proceedings and Documents Relating
to Refunding of Outstanding Auction Rate Securities and Financing of Capital Improvements
Motion to approve Motion to Adopt a Resolution 2009-35 of the City Council of the City of Gilroy
Authorizing Proceedings and Documents Relating to Refunding of Outstanding Auction Rate Securities
and Financing of Capital Improvements Moved by Council Member Peter Arellano, M.D., seconded by
Council Member Bob Dillon.
IX. INTRODUCTION OF NEW BUSINESS
A. Approval of Gilroy Library Final Design Services Contract with Harley Ellis Devereaux for the
Construction of the New Gilroy Library in the Amount of $1,850,000.00, plus Direct Expenses not to
Exceed $100,000.00, and Authorization to the City Administrator to Execute Agreement
Library Design
Motion to approve Motion to Approve Contract with Harley Ellis Devereaux and Authorization to
Execute Agreement Moved by Council Member Cat Tucker, seconded by Council Member Perry
Woodward.
B. Approval of (2) Two Land Acquisition Agreements with the California Department of Transportation
for the Sale of a Portion of (2) Two City-owned Parcels on the North Side of Highway 152, and
Authorization to the City Administrator to Execute the Contracts
Highway 152
C. Submittal of Regional Storm Water Management Plan to the Central Coast Regional Water Quality
Control Board
Storm Water Management
Motion to approve Motion to Approve Submittal of the Regional Storm Water Management Plan
Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward.
D. An Ordinance of the City Council of the City of Gilroy Approving Z 09-02, Amending Zoning
Ordinance Section 51.32 "Notices" to Increase the Area that is Included in the Public Hearing Notices,
to Require Re-noticing for Certain Continued Public Hearings and to Require That the Applicant Install
a Public Notice Sign on the Property That is the Subject of the Public Hearing or Project Decision
Public Notice Sign
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Peter Arellano, M.D., seconded by Council Member Perry
Woodward.
D. An Ordinance of the City Council of the City of Gilroy Approving Z 09-02, Amending Zoning
Ordinance Section 51.
Motion to approve Motion to Introduce An Ordinance of the City Council of the City of Gilroy
Approving Z 09-02, Amending Zoning Ordinance Section 51.
E. An Interim Urgency Ordinance of the City Council of the City of Gilroy Prohibiting the Establishment
and Operation of Medical Marijuana Dispensaries for a Period of Forty Five (45) Days
E. An Interim Urgency Ordinance of the City Council of the City of Gilroy Prohibiting the Establishment
and Operation of Medical Marijuana Dispensaries for a Period of Forty Five (45) Days
Iterim Ordinance
Motion to approve Motion to Approve Agreements with the California Department of Transportation and
Authorize City Administrator to Execute Contracts Moved by Council Member Bob Dillon, seconded by
Mayor Pro Tempore Dion Bracco.
D. An Ordinance of the City Council of the City of Gilroy Approving Z 09-02, Amending Zoning
Ordinance Section 51.
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Motion to approve to apply alternative decision of outsourcing mailer with fee scale. Moved by Council
Member Peter Arellano, M.D., seconded by Council Member Cat Tucker.
X. CITY ADMINISTRATOR'S REPORTS
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION, CONFERENCE WITH LEGAL
COUNSEL- ANTICIPATED LITIGATION, Consideration of whether to initiate litigation pursuant to
Government Code Section 54956.9 (c) and Gilroy City Code Section 17A.11(c) (2) (1 potential case)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957,
Gilroy City Code Section 17A.11 (b), Name/Title: Shawna Freels, City Clerk
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957,
Gilroy City Code Section 17A.11 (b), Name/Title: Thomas Haglund, City Administrator
1. Adjourn to Closed Session
2. ADJOURN to Open Session and public 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)
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