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Minutes 1989/07/17 Invocation Posting Agenda Roll Call Emp.Award Cert.Serv. Consent Calendar Minutes Res.89-38 Budget Dev.Agree [12: Country Est. Venture Pub. Hear. re: Zon. Ord.Text Amend. r-7r-7~ ~~ i "',.~ ! Regular Meeting July 17, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Mose Mariscal, Revival Chapel, to give the Invocation. The City Clerk reported that the Agenda had been posted on July 13, 1989 at 3 02 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Larry Mussallem, Daniel D. Pa1merlee, Pete Valdez, Jr. and Roberta H, Hughan. Absent: Councilmember: Paul V. Kloecker. The Mayor presented the Employee Award for the month of June 1989 to David Larton, Communications Dispatcher. The Mayor presented Certificates of Service to those members of the MSI Task Force Committee present in the audience. Motion was made by Councilman Gage, seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, Mussallem, Pa1merlee, Valdez and Hughan. Absent: Councilmember: K10ecker. Approved the Minutes of the Regular Council Meeting of July 5, 1989; Adopted Resolution No. 89 38 Approving a Contract with the State of California for Cooperative Personnel Services, RESOLUTION NO. 89 - 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A CONTRACT WITH THE STATE OF CALIFORNIA FOR COOPERATIVE PERSONNEL SERVICES. PASSED AND ADOPTED this 17th day of July, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, VALDEZ and None KLOECKER. MUSSALLEM, PALMERLEE, HUGHAN Approved Budget Amendments and Transfers as recommended; Approved a Development Agreement, Deferred Development Agreement and Map with Country Estates Venture as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning Ordinance Text Amend- Amendment to Section 10.30 of the Zoning Ordinance to add Day Care Center as a conditionally permitted use in an R1 (Single Family Residential) District, Growth & Opportunity, Inc. appli- cant (Z 89-2). The Staff Report was noted and further explained by Planning Director Dorn, recommending that Day Care Centers as a conditionally-permitted use be reinstated in R2 and RH Districts also. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that a proposed ordinance be introduced and ~77n ~ L Lib.& Cult. Com. Appt. Littering Water Prog. Traf.Sig. Old City Hall Lease Write-Offs published by title and summary approving said amendment to include reinstating day care centers as a conditionally permitted use in R2 and RH Districts. The Mayor recommended appointment of Vinod G. Patel to fill the unexpired term (12-31-89) on the Library & Culture Commission vacated by Barbara Allen. Motion was made by Councilman Valdez seconded by Councilman Hale and carried that Mr. Vinod G. Patel be appointed to the Library and Culture Commission for the unexpired term ending January 1, 1990. The City Attorney presented options amendments to the City Code regarding littering. Discussion was had by Council on the matter. Councilman Mussallem recommended that reference to religious and campaign literature be placed within the ordinance even though controlled by the State to clarify any question on the matter. Council instructed the City Attorney to prepare an ordinance to include the items discussed for their review. City Administrator Baksa presented and explained Water Conservation Options. Discussion was had on the matter. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that Option #2 for increased enforcement be approved as recommended and that a budget amendment be authorized to accomplish this option. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. A Petition and recommendation for a traffic signal at Santa Teresa Boulevard and Welburn Avenue was noted and further explained by City Engineer Allen noting that if there were sufficient warrants for such a signal that the City's cost would be 50%. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Valerie Bielecki, petition circulator, addressed the Council and presented a supplemental petition containing 236 signatures noting her concern on the matter. Motion was made by Councilman Hale seconded by Councilman Gage and carried that Staff be directed to request the County to conduct a traffic study for Welburn Avenue and Santa Teresa Boulevard traffic signal installation to include Mante11i Drive and Long Meadow in the study for future planning purposes. The Mayor continued with the regular order of the Agenda. City Administrator Baksa presented a recommendation to transfer the Old City Hall lease, further explained by Planning Director Dorn. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the recommendation to transfer the Old City Hall lease be approved as recommended. City Administrator Baksa presented a recommendation to write-off uncollectible utility accounts. Country Club Est. Plan.Com. 7-6-89 MSI Ord. League Conf. City BBQ 5773 Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the recommendation to write-off uncollectible utility accounts be approved as recommended and presented. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. The Mayor deleted from the agenda the request of Mr. Allan R. Saxe for Initiation of Eminent Domain proceedings re: Gilroy Country Club Estates, noting that Agreements had been reached at 6:00 p.m. The following informational items were noted with no separate discussion on same: Planning Staff Approvals dated June 30, 1989, Homebound Senior Program (Catholic Charities) "Neighbor's Task Force on Poverty in our Community"; Santa Clara County Transportation Agency re: Implementation of Transportation 2000 Final Plan, Advance Planning Office, County of Santa Clara, Info Publication, Issue #89-4, April 1989; Proclamations issued by Mayor Hughan: Grand Opening of Mt. Madonna YMCA'S Gilroy Service Center, July 12, 1989; and French- American Friendship Day - July 14, 1989. The Report of the Planning Commission Meeting of July 6, 1989 was noted. City Administrator Baksa presented and explained a recommendation on the M.S.I. Ordinance. Discussion was had on the matter. Heard from Mary Ellen Rocha, MSI Task Force Committee Member in reference to adult softball and basketball fees. Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried that the proposed percentage of costs reasonably borne to be recovered for Item #84 (City Adult Softball Program) be changed from 70% to 50%. Councilmembers: Gage and Hughan voted "no" on the motion. Motion was made by Councilman Pa1merlee seconded by Councilman Valdez and carried that the proposed percentage of costs reasonably borne to be recovered for Item fl93 (Adult Basketball Program) be changed from 70% to 50%. Councilmembers: Gage and Hughan voted "no" on the motion. Discussion was had regarding public relations prior to increasing the fees. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the form for future introduction of the ordinance be approved and that Staff compute the fee figures for public relation purposes and draft a letter explaining the reasons for increased fees for Council review to be distributed to consumers prior to adoption of said fees. City Administrator Baksa distributed the Quarterly Reports. It was requested that Councilmembers and Staff notify the City Clerk if they plan to attend the League of California Cities 91st Annual Conference, October 22-25, 1989 in San Francisco. The following requested reservations for the City Barbecue, August 19, 1989: City Attorney (2); Councilman Gage (1); Councilmembers: Mussallem, Palmerlee and Valdez (2 each). 5774 Adjrnmt. At 10:38 p.m. the Mayor adjourned the meeting. Respectfully submitted ~6~_ p~ Clerk