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Minutes 1994/03/07 'l' Invocation Posting Agenda Roll Call Consent calendar Dev.Agree 94-01 Surp. Equip. Budget Pub.Hear. HCD 1 ~} " ~ ~..) ~Ji Regular Meeting March 7, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Rich Garcia, South valley community church gave the Invocation. The city clerk noted that the Agenda had been posted on March 3, 1994 at 9:56 a.m. Present: Councilmembers: K. A. Kloecker, charles S. Morales, Connie Pete valdez, Jr. and Donald F. Gage. Mike Gilroy, Paul V. Rogers, Suellen C. Rowlison, 7:08 p.m. Jane Howard on behalf of Howard Tire, representing Gilroy is Great committee, introduced the program and noted that the flags are being presented in conjunction with the city's anniversary, Incorporated March 12, 1870. Patti Hale, representing Gilroy Foods, made a presentation of two "Gilroy Is Great" flags to the Police and Fire chiefs and cups and T-shirts were distributed to council and staff and acknowledged businesses that are a part of Gilroy is Great. Motion was made by Councilwoman Rowlison, seconded by councilman Kloecker 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, Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: Approved Development Agreement #94-01, outlets phase IV. Councilman Kloecker requested that council be advised of the details of this agreement at a future study session, because of the complexity of the document; Declared a list of surplus Equipment as recommended; and Approved Budget Amendment/Transfer as recommended. The Mayor stated that it was the time and place scheduled for hte HCD 20th Program Year Application. councilman Kloecker left the council table due to a conflict of interest in the matter. ~ ~j! :! t The staff Report was noted and further explained by HCD Grant coordinator Rojas. Discussion was had by council on the matter. Leonard Hale, representing the citizen's Advisory committee, addressed the council and explained their recommendation regarding the funds for the applicants. The following addressed the council on behalf of their applications: Bob Dolci, Emergency Housing consortium, requesting that the non-funding of their application be re-visited because there is no guarantee that San Jose or the Armory in Gilroy will be available and last year there were 62 people using these facilities. Beverly Nelson, Executive Director of South valley counseling center, requesting their application be given reconsideration. colleen Hudgen, project Manager, Senior outreach Program, noting that they have served Gilroy residents for twenty years and their services do not duplicate any other program and they have been reducing their expenditures annually, noting that the city has a responsibility for its seniors that have been receiving their services. Jim Purcell, President of Hope Rehabilitation services, thanked the citizens' Advisory committee for its recommendation. Donna Rigg, Director of the Gilroy center, noting they have been opened since October 11 and are fully enrolled. Bill childers, 781 w. sixth st., in support of the Live Oak Adult Day services, noting that his wife participates in same. Olivia soza-Mendiola of Macsa (Mexican American community services Agency) noting that they are not a new funded program and serve K through Third Grades. Maria provencio, project sentinel, requesting that the Tenant Landlord Issue be reconsidered. Marge Albaugh, st. Joseph's center, noting that their services were previously on a voluntary basis and that this is no longer possible. she noted that they need someone to purchase the food and oversee the food room. Eleanor villareal, odd Fellows & Rebecca's childrens' Home, noting the Children's Home has been in existence for 96 years. Marie Juncker, south county Housing, commended the citizens' Advisory committee, and requested council proceed with the committee's recommendations. Kathy Robinson, Housing Authority of the county of Santa clara, thanked the city for funds to reconstruct the ochoa Migrant Center and for continued support for their organization. Annemarie stahr, catholic charities shared Housing project. Discussion was had by council on the matter. councilman Valdez proposed the council not give any group a lesser grant than it received last year and that any new group receive no more than $2000.00 this year. Motion was made by councilman Gilroy seconded by council- woman Rogers to accept the recommendation of the citizens' Advisory committee and staff's recommendation for funding of the code Enforcement officer and carry-over of the $10,000. for the Youth Center. 'f '!, '" .1 ~j;( After further discussion the motion was revised by the makers to remove the CAUSA project and st. Joseph's Family center because the city Attorney advised there may be a conflict of interest for councilmembers who serve as unpaid board members for these two groups seeking grants. Motion carried by the following Roll call vote: Ayes: councilmernbers: Gilroy, Morales, Rogers, Rowlison and Gage; Noes: councilmember: Valdez; Absent: councilmember: Kloecker. The Mayor removed himself from participating in the following motion, due to a possible conflict of interest: Motion was made by councilman Gilroy seconded by councilwoman Rowlison to approve the citizens' Advisory committee's recommendation of $3,000.00 for the CAUSA project. councilman valdez voted "no" on the motion. Absent: councilmembers: Kloecker and Gage. councilman Gilroy removed himself from participating in the following motion, due to a possible conflict of interest: Motion was made by Mayor Gage and received no second to approve the citizens' Advisory committee's recommendation of $7,500.00 for the st. Joseph's Family Center. Motion was made by Councilman Valdez that the $7,500.00 grant be divided and added to the grants awarded to four groups that provide youth counseling and intervention services. Coun- cilman Gilroy called a point of order noting that the previous motion passed approving the citizens' Advisory committee's recommendation and Councilman Valdez' motion was not seconded as the Mayor declared the motion invalid. Motion was made by councilwoman Rowlison seconded by councilman Valdez for a similar motion declared invalid by the Mayor. Motion was made by councilwoman Rowlison seconded by Councilwoman Rogers to approve $3,000. for south valley counseling; $500 for the Bridge counseling and $4,000. for st. Joseph's Family center, declared invalid by the Mayor. Motion was made by councilman Gilroy seconded by Mayor Gage and carried that the st. Joseph's issue be tabled until the city Attorney can research the conflict of interest laws and determine whether councilman Gilroy would definitely be prohibited from participating in the vote on the st. Joseph's funding. At 8:53 p.m. councilman Kloecker returned and took his seat at the council table. The Public Hearings for GPA 91-01 and Z 91-07 respectively (DBO Development company) were continued to the March 21, 1994 regular council Meeting (requested by the applicant). RDO The city Attorney noted proposed revisions to the RDO (Residential Development ordinance) performance Agreement and a letter received from John Filice regarding the developers assistance in revising the proposed draft agreement, recommending that it not be approved until an additional meeting can be held with the developers. she further noted additional issues that require direction from the council which are policy issues. At 9:06 p.m. the Mayor declared a recess and reconvened the meeting at 9:15 p.m. continued discussion was had regarding the policy issues in the performance agreement. The following addressed the council in regard to the performance agreement: Geary coats, silicon valley Management; Lou Tersini, Arcadia Development; Jack schenk, shapell Industries; and Dave Lasseri, silicon properties. council agreed to allow the city Attorney to meet with the Developers prior to a council study session to be scheduled as > , , 1 cardrooms Traffic Impact Fees soon as possible and prior to council action on the performance agreement. A recommendation to adopt an ordinance repealing and replacing section 16.6-1 to the city Code, regulating the conduct and operation of cardrooms was noted. The Mayor noted that all concerned desire a study session of the council on the matter prior to action on the ordinance and resolution adopting rules of play for permitted card games. City Administrator Baksa gave an update on the proposed documents. The city Attorney explained the proposed Cardroom draft ordinance. Police chief sumisaki gave a summary of his recommendations regarding the proposed cardroom ordinance and resolution. Mr. John Morales, representing the Committee for cardroom control, addressed the council and was opposed to the proposed draft ordinance in its present form, noting in his opinion all amendments to the newly proposed ordinance must be put before a vote of the electorate. Mr. Tom springer, 7300 orchard Drive, addressed the council concurring with the Police chief's recommendations and requesting a sunset provision; limit on number of allowed tables; no trans- fer of permits even within a family; not allow naming a corpora- tion in the permit; limit bets; no check cashing including within a certain area of the adjacent businesses; no private parties allowed in the cardroom establishment and bonding required of each employee. Mr. Miguel Parades, church street, addressed the council and noted that he is not opposed to a cardroom establishment or transfer of same within the family if operating legally and within the city's regulations of said business. Motion was made by councilwoman Rowlison seconded by councilman Valdez and carried that the appeal from G. L. Bruno Associates, Inc. on the Planning Department's determination of traffic impact fees for a proposed medical office building be continued to the April 4, 1994 Regular Council Meeting. (Continuance was requested by the appellant.) The following informational items were noted with no separate discussion on same except as noted: customer service: Inter-office Memorandum of Appreciation from Parks & Recreation Director to the Fire Department; Donations to Gang Task Force for community/Youth Center and Inter-office Memorandum of Appreciation from Recreation services Manager for staff Assistance upon receipt of Donation; Inter-office Memorandum In Appreciation from parks & Recreation to Public works; Parks & Recreation Department In Appreciation of Gilroy Lumber; Inter-office Memorandum in Appreciation from Fire chief to Administration support and participation at Fire officers' Annual Retreat; Letter of Recognition - Frank comin; Proclamations Issued by Mayor Gage: National Youth service Day - April 19, 1994; Try American Day - september 5, 1994; plan.com. 3-3-94 ,'," -'J h~~ Minutes of the Gilroy visitors' Bureau Advisory committee Meeting of January 13, 1994 and Financial statement october 1, 1993 through January 31, 1994; League of california cities Legislative Bulletin, #8-1994; LAFCO'S Resolution Approving the Detachment of the city of Gilroy from the Boundaries of the santa clara county open space Authority; Santa clara county Water supply and Use, January, 1994; and Glen Loma re: Max club Locating in Gilroy. The Report of the planning commission Meeting of March 3, 1994 was noted. city Administrator Baksa noted an update on Water conservation Program. city Administrator Baksa suggested March 31, 1994 at 5:30 p.m. for a Business/social Meeting with the Economic Development committee/chamber of Commerce. All councilmembers could not be present so it was requested that an alternate date be scheduled. city Administrator Baksa gave an update on the Animal control Issue and meeting with supervisor Honda and proposed meeting with st. Francis of Assisi. city Administrator Baksa distributed a staff Report on the Redesignation of "Open space Reserve" lands near the city for council action March 21, 1994. city Administrator Baksa distributed information on Joint school/Facility use fees. The Mayor requested council refer any nominations to him for the santa clara county supreme court Grand Jury appointment for 94-95. The Mayor noted available tickets to an Earthquake preparedness Expo in San Jose March 18, 19 and 20, 1994. councilman valdez noted the CDBG committee met and heard approximately 25 proposals. councilman Kloecker commended police officer Daniel Castaneda for his favorable presentations at the schools. councilwoman Rogers complemented corporal Morales on his outstanding technique and performance regarding public informa- tion on the Weapon Collection Event. she noted that the Mayor's presence is requested for the event scheduled for March 26, 1994 at st. Mary's church parking lot from 8:00 a.m. to 1:00 p.m. for entry on church street. The Mayor noted his next Gun class is scheduled for April 21 and 22, 1994 for those who do not wish to turn in their guns. Councilman Kloecker noted that he would have no objection to council acting on the General plan Amendment scheduled for a special Meeting of the Planning commission March 21, 1994 and prior to the council Public Hearing scheduled for the same date. The Mayor noted the following meetings/events: Gilroy city council study session, March 14, 1994 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: Final prioritization of Tasks Assigned at the council/Manager Retreat and General Revenue projections; Leadership Forum, March 17, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy. If' 'It', \ l' " l ~) "'J Adjrnmt. ..';...,....,.,".......;..,..,',..-'.."::,...,....... ~------ - - -..:,........-;-.-.....,;..".<.,'..;..-.'-- - -'------------ Hispanic Parents Forum, March 19, 1994 - 8:00 a.m. to 3:00 p.m. at Jordan school and requested Council's presence for a portion of the event. At 10:50 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4M~6</k~ I~~anne E. steinmetz, city Cler~~