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Minutes 1994/07/05 posting Agenda Roll Call Consent Calendar Minutes utility Accounts Minutes Res.94-57 HOME Funds CDBG Funds GPA 93-02 RDO 6 r-:- ') 1 ).1" . _ Regular Meeting July 5, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The city clerk noted that the Agenda had been posted on June 30, 1994 at 9:00 a.m. Present: Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S. Morales, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; 7:00 p.m.; Absent: councilmember: Connie Rogers. Motion was made by councilwoman Rowlison, seconded by Councilman Gilroy that the following items under the Consent calendar be approved by the following Roll call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles S. Morales, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: connie Rogers: Approved the Minutes of the Regular Council Meeting of June 20, 1994; Authorized write-off of uncollectable utility accounts as recommended; Approved the Minutes of the Regular council Meeting of June 27, 1994; Adopted Resolution No. 94-57 authorizing filing of an application for available HOME Program funds; RESOLUTION NO. 94 - 57 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. PASSED AND ADOPTED this 5th day of July, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ROGERS; and Approved a Substitute projects Amendment to CDBG Final Statement as recommended. Specifically to modify the allocation to South county Housing projects to allow funding of $50,000 to the Mantelli Drive project and $50,000 to the Church Street project; authorizing an amendment to the Final Statement of Programs to HUD. . At 7:02 p.m. Councilwoman Rogers entered and took her seat at the council table. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried that the continued Public Hearing regarding GPA 93-02 (Filice Family EstateS) be continued to July 18, 1994 requested by south county Housing. council reviewed the Draft Residential Development Ordinance (RDO) Performance Agreement previously distributed to Council June 20, 1994 and further explained by city Administrator Baksa, Acting city Attorney Korb and planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak on the matter. 6 r:: 3 ') . \')'" I-.. Lib & cult. Com. veh.parking & Repairs Mr. Mark Lazzarini, Executive Director of the Building Industry Association, addressed the Council and tabled his discussion until the time the deposit issue is discussed. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that option #3 not be approved. council- members: Gilroy, Morales and Gage voted "no" on the motion. Acting city Attorney Korb explained options Nos. 1 and 2. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried to approve option #2 with the original wording as recommended by the Acting city Attorney and concurred to use the subdivision Map Act time limits for the agreement time limits. In regard to project standards, motion was made by councilman Kloecker seconded by councilman Gilroy and carried that should the city reduce the density of the project, a percentage of 15% would be used and to be at council's discretion if the project would be feasible or not. Discussion was had in regard to the deposit clause of the Agreement. Mr. Mark Lazzarini, Executive Director of Building Industry Association addressed the Council requesting additional time to discuss same with staff prior to council action. Motion was made by councilman Morales seconded by Councilwoman Rowlison and carried that the deposit be set at $3000 per unit plus a 60 day period to pay said fees. councilmembers: Kloecker and Valdez voted "no" on the motion. Motion was made by councilman Kloecker seconded by councilman Gilroy and carried to be in agreement with the wording change on Page 7, Item #5 tentative map "issued" from "approved" as noted by the Acting city Attorney. Motion was made by councilwoman Rowlison seconded by councilman Gilroy and carried that the Draft RDO Agreement as presented to include the modifications by council be approved. councilman Valdez voted "no" on the motion. The Mayor recommended appointment of Augustine Gomez to fill the unexpired term of 1-1-95 and caroline Haessler to fill the unexpired term of 1-1-98 on the Library & culture commission. Motion was made by councilwoman Rogers that the unexpired term of 1-1-95 on the Library and culture commission not be filled at this time. Motion died for lack of a second. Motion was made by councilwoman Rowlison seconded by councilman Gilroy by the following Roll call Vote that Augustine Gomez be appointed to fill the unexpired term of 1-1-95 on the Library and culture commission: Ayes: councilmembers: Gilroy, Morales, Rowlison and Gage; Noes: councilmembers: Kloecker, Rogers and Valdez. councilman Gilroy requested the reasons of those councilmembers voting "no" for the appointment. There was no response. Motion was made by councilman Kloecker seconded by councilman Valdez by the following Roll call Vote that caroline Haessler be appointed to fill the unexpired term of 1-1-98 on the Library and culture commission: Ayes: Councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. A proposed ordinance amending the city Code re: rrepair and parking of vehicles on city streets was noted and discussed requesting the wording of "For Sale" signs be modified as noted by the Acting city Attorney. Motion was made by councilman Valdez seconded by councilman Morales and unanimously carried that the proposed ordinance be read by title only. Pacheco Pass 93-02 Reorg. Res.94-58 Uvas/DeBell Reserve Gilroy Foods 6r::"f"l J,j,J Motion was made by councilman Valdez seconded by councilman Kloecker and carried that the ordinance be introduced and published by title and summary. councilman Gilroy voted "no" on the motion. A recommendation to approve the Reorganization of "Pacheco Pass Reorganization 93-02", containing 184.8 acres of uninhabited territory was noted, 100% consent of property owners. Motion was made by councilman Gilroy seconded by Councilman Kloecker that the reading of Resolution No. 94-58 be waived and that it be adopted. RESOLUTION NO. 94 - 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF APPROXIMATELY 184.8 ACRES OF LAND NORTH OF PACHECO PASS HIGHWAY AND EAST OF HIGHWAY 101, FOR ANNEXATION TO THE CITY OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT (PACHECO PASS REORGANIZATION 93-02). PASSED AND ADOPTED this 5th day of July, 1994, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, ROWLISON, COUNCILMEMBERS: None COUNCILMEMBERS: None KLOECKER, MORALES, ROGERS, VALDEZ and GAGE The following informational items were noted with no separate discussion on same: correspondence re: 1994 State Budget: League of California cities re: Vehicle License Fees; city of San Jose Requesting Support to Protest the State's proposal to shift city Vehicle License Fee Funds to counties; League of California cities Legislative Bulletin #24 _ 1994; and Survey status. city Administrator Baksa distributed copies of a preliminary review of proposed amendments to the city charter. city Administrator Baksa gave an update on the DeBell Maintenance Reserve recommending the Uvas/DeBell Maintenance Fund be transferred to the Uvas/DeBell Construction Fund requested by the DeBell heirs; same to be agendized for formal action. Acting city Attorney Korb presented and distributed an opinion of potential legal protection for Gilroy Foods against nuisance complaints arising as the result of potentially incom- patible uses of the immediately adjacent land and explained same. The Mayor noted 1995 to be the City'S 125th Anniversary of Incorporation for possible celebration, etc. of this event. Councilwoman Rogers gave an update on the County General Plan Review Committee noting that the Committee has completed its tasks and Public Hearings will be scheduled in the fall of 1994. She noted that she and the Planning Department have copies of the proposed changes. Councilman Kloecker gave an update on the Youth Center Progress noting that the volunteers and contributors of materials would be acknowledged. Councilman Gilroy gave an update on the status of the Airport Land Use committee; that this committee is no longer required and that the Board of Supervisors will be taking action on the Committee's membership that will change significantly. 6534 Adjrnmt. The Mayor noted the following: senior skills workshop, July 6, 1994 - 10:00 a.m., Gilroy senior Center, 7371 Hanna street, Gilroy, CA 95020; Leadership Forum, July 21, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy, CA 95020; and city of Gilroy Annual Barbecue, August 20, 1994 - 4:00 p.m. to 11:00 p.m., christmas Hill Park. At 9:02 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4~t7.~~L Susanne E. steinmetz, city Cle~