HomeMy WebLinkAbout2009-12-07 City Council Regular MeetingCity Council
Regular Meeting
12/7/2009 6:00 PM
City Council Chambers, City Hall
7351 Rosanna Street Gilroy, CA 95020
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Video
I. Review of "No Bust 21st Century Blackjack 5.1" Card Game - Gilroy Municipal Code Section 16.6-1,
Et Seq.
Study Session "No Bust 21st Century Blackjack 5.1"
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
Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 01:03:30)
4. Roll Call
B. Orders of the Day
C. Proclamations, Awards and Presentations
1. Proclamation Honoring Youth Health Advocates Program and Proyecto Movimiento
Item I.C.1. Proclamation Honoring Youth Health Advocates Program and Proyecto Movimiento
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.
B. Annual Presentation of the Bicycle Pedestrian Commission
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
1. MAYOR'S REPORT
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
1. Council Member Gartman: Review of prior City of Gilroy and Gilroy City Council actions pertaining to
Medileaf 's applications for a business license and CUP with the City of Gilroy
Item IV.1. Review of Prior Actions Pertaining to Medileaf
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V. CONSENT CALENDAR
A. Minutes of November 16, 2009 Regular Meeting
Item V.A. Minutes of November 16, 2009
B. Claim of Verizon Wireless (City Administrator recommends a "yes" vote under the Consent Calendar
shall constitute the denial of the claims)
Item V.B. Claim of Verizon Wireless
C. Claim of Jose Perez (City Administrator recommends a "yes" vote under the Consent Calendar shall
constitute the denial of the claims)
Item V.C. Claim of Jose Perez
D. Approval of Design Services with Harley Ellis Deveraux to Provide Additional Documentation
Required for the Library Demolition Contract Plans and Specifications not to Exceed Fifteen Thousand
Dollars ($15,000); and Design Service Specification Changes for the Construction of the New Gilroy
Library in the Lump Sum Amount of Ten Thousand Dollars ($10,000) Related to the Building Envelope
and Authorization to the City Administrator to Execute Both Design Service Amendments
Item V.D. Approval of Design Services
E. Acceptance of $8,000.00 from Gilroy Tennis Club for the Resurfacing of Two Tennis Courts at the
Las Animas Veterans Park
Item V.E. Acceptance of $8,000 from Gilroy Tennis Club
F. Resolution 2009-43 of the City Council of the City of Gilroy in Support of the Local Taxpayer, Public
Safety and Transportation Protection Act of 2010
Item V.F. Resolution in Support of the Local Taxpayer, Public Safety and Transportation Protection Act
of 2010
G. Approval of Extension of Agreement with the Housing Trust Fund of Santa Clara County Regarding a
Contribution to the Santa Clara County Housing Trust Fund to December 31, 2010
Item V.G. Approval of Extension of Agreement with Housing Trust Fund
Motion to approve consent items A, B, C, D, E, F and G. Moved by Council Member Cat Tucker,
seconded by Mayor Pro Tempore Dion Bracco.
VI. BIDS AND PROPOSALS
A. Consideration of a Lease Agreement with the Theater Angels' Art League for Use of City Property
Located at 7341 Monterey Street (Old Salvation Army Building) and Adjacent Ten (10) City-Owned
Parcels, APN's 799-08-043, 44, 45, 46, 47, 48, 49, 50, 51 and 60, for an Initial Term of 3 Years,
Commencing on January 1, 2010
Item VI.A. Consideration of a Lease Agreement
A. Consideration of a Lease Agreement with the Theater Angels' Art League for Use of City Property
Located at 7341 Monterey Street (Old Salvation Army Building) and Adjacent Ten (10) City-Owned
Parcels, APN's 799-08-043, 44, 45, 46, 47, 48, 49, 50, 51 and 60, for an Initial Term of 3 Years,
Commencing on January 1, 2010
Motion to approve Motion to Approve Lease Agreement with Theater Angels Art League and
Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob
Dillon, seconded by Council Member Cat Tucker.
VII. PUBLIC HEARINGS - None
VIII. UNFINISHED BUSINESS
A. Approval of Library Construction Management Contract and Related Services with Nova Partners
Inc., of Palo Alto for Construction of the Gilroy Library in the Amount of One Million Two Hundred
Ninety-Nine Thousand Five Hundred Forty-one Dollars ($1,299,541.00) and Authorization to the City
Administrator to Execute Related Documents
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Item VIII.A. Approval of Library Construction Management Contract
Motion to approve Motion to Approve Contract with Nova Partners Inc., of Palo Alto and Authorization
to the City Administrator to Execute Related Documents with staff recommendations as well as
council recommendations. Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore
Dion Bracco.
IX. INTRODUCTION OF NEW BUSINESS
A. Approval of Housing Affordability Agreement Amendment to Exhibit B, the Resale Restriction and
Option to Purchase Agreement for Alexander Place Phase at the Cannery Development
Item IX.A. Approval of Housing Affordability Agreement
Motion to approve Motion to Approve Housing Affordability Agreement Amendment to Exhibit B, the
Resale Restriction and Option to Purchase Agreement for Alexander Place Phase at the Cannery
Development and Authorization to the City Administrator to Execute Related Documents Moved by
Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D..
B. Introduction of an Ordinance of the City of Gilroy Amending Chapter 13, Article VI, Entitled
"Regulation of Massage Establishments and Massage Practitioners"
Item IX.B. Ordinance re: Regulation of Massage Establishments and Massage Practitioners
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance INCLUDING the exclusion of manicure and pedicure in section (g) pg. 5 Moved by Council
Member Bob Dillon, seconded by Council Member Cat Tucker.
B. Introduction of an Ordinance of the City of Gilroy Amending Chapter 13, Article VI, Entitled
"Regulation of Massage Establishments and Massage Practitioners"
Motion to approve Motion to Introduce an Ordinance of the City of Gilroy Amending Chapter 13,
Article VI, Entitled "Regulation of Massage Establishments and Massage Practitioners" with changes.
Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
C. Update on Animal Control and Dangerous Dogs
Item IX.C. Update on Animal Control and Dangerous Dogs
Motion to approve Adopt recommendations of staff with one change to omit microchiping unless level
1-3 and add the strict liability provision. Vicious attack can be chasing someone into a house and
biting a dog. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion
Bracco.
D. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of
Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and
Repealing Section 16.13-1 of the Gilroy Municipal Code
Item IX.D. Ordinance Amending Municipal Code Sections Regulating adult Businesses
Motion to approve continue to the January 25, 2010 regular meeting. Moved by Council Member Cat
Tucker, seconded by Council Member Perry Woodward.
D. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of
Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and
Repealing Section 16.13-1 of the Gilroy Municipal Code
E. Adoption of an Emergency Ordinance of the City Council of the City of Gilroy Adding a New Article
III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implements the
Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public
Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout
the City
Item IX.E. Emergency Ordinance re: Digital Infrastructure and Video Competition Act of 2006
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco.
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E. Adoption of an Emergency Ordinance of the City Council of the City of Gilroy Adding a New Article
III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implements the
Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public
Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout
the City
Motion to approve Motion to Adopt Emergency Ordinance 2009-06 of the City Council of the City of
Gilroy Adding a New Article III, Sections 24.
F. Introduction of an Ordinance of the City Council of the City of Gilroy Adding a New Article III,
Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implement the Provisions
of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities
Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City
Item IX.F. Introduction of an Ordinance re: Digital Infrastructure and Video Competition Act of 2006
Motion to approve Motion to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco.
F. Introduction of an Ordinance of the City Council of the City of Gilroy Adding a New Article III,
Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implement the Provisions
of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities
Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City
Motion to approve Motion to Introduce an Ordinance of the City Council of the City of Gilroy Adding a
New Article III, Sections 24.
G. Joint Resolution of the City Council's of the Cities of Gilroy and Morgan Hill in Support of an
Alternate Alignment for High Speed Train (HST) With Gilroy as the Preferred Station Location and US
Highway 101 Through Morgan Hill as the Preferred HST Alignment in South Santa Clara County
Item IX.G. Joint Resolution in Support of an Alternate Alignment for High Speed Train
Motion to approve Motion to Adopt Joint Resolution 2009-44 of the City Councils of the Cities of
Gilroy and Morgan Hill in Support of an Alternate Alignment for High Speed Train (HST) with Gilroy as
the Preferred Station Location and US Highway 101 Through Morgan Hill as the Preferred HST
Alignment in South Santa Clara County Moved by Council Member Cat Tucker, seconded by Council
Member Perry Woodward.
X. CITY ADMINISTRATOR'S REPORTS
A. Update on Sustainability Programs
Item X.A. Update on Sustainability Programs
XI. City Attorney's Comments
XII. Adjournment
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