Minutes 1994/03/28
Invocation
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Regular Meeting
March 28, 1994
Gilroy, california
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible church gave the
Invocation.
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posting
Agenda
Roll Call
Proc.
sPLines
Consent
calendar
Res.94-30
MOU's
Fire
Res.94-31
GPA 91-01
Res.94-32
Z 91-07
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The city Clerk noted that the Agenda had been posted on
March 24, 1994 at 10:29 a.m.
Present: 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.
7:01 p.m.
Michelle costa, Fire Education specialist, gave a
promotional presentation to change batteries on smoke detectors
at the time the clocks are changed for Daylight savings Time and
distributed literature and batteries to councilmembers.
The Mayor presented Michelle Costa with a Proclamation
formalizing the presentation.
Mr. John E. Arriaga gave a presentation on the proposed
southern Pacific Lines "california Coast" between San Francisco
and San Diego requesting council support for the proposed
project. It was noted that a resolution would be agendized at
the next regular meeting for consideration.
Motion was made by Councilman Kloecker, seconded by Coun-
cilwoman Rowlison that the following items under the Consent
calendar be approved, removing Item "A" Budget Amendments/Trans-
fers for discussion, 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:
Adopted Resolution No. 94-30 re: AB 434-40% Funds as
recommended;
RESOLUTION NO. 94 - 30
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING THE
SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS RECIPIENT OF
AND OVERALL PROGRAM MANAGER FOR AB 434 (SHER 1991) VEHICLE
REGISTRATION FEE REVENUES.
PASSED AND ADOPTED this 28th day of March, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
MORALES, ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, KLOECKER,
VALDEZ and GAGE
None
ROGERS;
Approved the Memorandum of understanding for Firefighters
Local 2805, July 1, 1993-June 30, 1994 as submitted;
Adopted Resolution No. 94-31 Denying GPA 91-01 and Amend-
ment to section v., policies 12, 17 and 22 of the General plan
Text;
RESOLUTION NO. 94 - 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING
GPA 91-01, A PROPOSAL TO CHANGE THE DESIGNATION ON THE GENERAL
PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL SERVICES
COMMERCIAL, ON AN APPROXIMATELY 12.75 ACRE PARCEL OF LAND LOCATED
AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND HECKER PASS
HIGHWAY, APN NO. 810-21-006, AND WHICH ALSO PROPOSED TO AMEND THE
CITY GENERAL PLAN ECONOMIC POLICY NOS. 12, 17, 18 AND 22.
PASSED AND ADOPTED this 28th day of March, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
VALDEZ and GAGE
None
ROGERS;
ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Adopted Resolution No. 94-32 Denying zoning Amendment
Z 91-07 Request;
Budget
com.Appmts.
card Rooms.
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RESOLUTION NO. 94 - 32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING Z
91-07, A REQUEST TO REZONE FROM A-1 (AGRICULTURAL) TO c-3
(SHOPPING CENTER COMMERCIAL) AN APPROXIMATELY 12.75 ACRE PARCEL
OF LAND LOCATED AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD
AND HECKER PASS HIGHWAY, APN NO. 810-21-006.
PASSED AND ADOPTED this 28th day of March, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER,
VALDEZ and GAGE
None
ROGERS.
MORALES, ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Discussed and motion was made by councilwoman Rowlison
seconded by Councilman Kloecker and approved Budget Amendments/
Transfers as recommended by the following Roll Call vote: Ayes:
Councilmembers: Gilroy, Kloecker, Morales, Rowlison, Valdez and
Gage; Absent: councilmember: Rogers.
At 7:22 p.m. Fire Chief Gillespie and Assistant Fire chief
Ledesma gave a Departmental Report and reviewed the station and
Staffinq study prepared by VSP Associates, Inc. previously
submitted to council, noting that policy recommendations would be
presented to Council for consideration at a future meeting. At
8:10 p.m. the Mayor reconvened the meeting.
The Mayor noted appointments of commissioners to fill
unexpired terms.
Discussion was had on the city Attorney's legal op1n10n on
appointment to city Boards/Commissions. Discussion was had on
the matter of interviewing candidates for appointments.
Motion was made by Mayor Gage that interviews be conducted
on an individual basis except for Planning commission appoint-
ments. The motion died for lack of a second.
Council agreed to scheduling a study Session for April 11,
1994 at 7:00 p.m. to discuss procedures for appointments to city
commissions/Boards and requested that the city Attorney be
present at said meeting. The matter of appointments to the
vacancies presently on the Library & culture and the Parks &
Recreation Commissions were tabled.
Discussion was had regarding the draft Card Room Ordinance
further explained by Orry Korb, Deputy city Attorney and request-
ing Council input on various issues for the final draft of the
ordinance.
Councilman Valdez noted that it has been determined by the
city Attorney that he does not have a conflict of interest
regarding the cardroom issue and that he would take part in the
discussion and vote upon same.
Assistant Police chief Gardner addressed the council
regarding recommended card games to be permitted in the city.
Herman Garcia, owner of Garcia's Card club addressed the
council in regard to his views of the draft ordinance submitted.
At 9:00 p.m. the Mayor declared a recess and reconvened the
meeting at 9:09 p.m.
Richard Rosario, owner of a Gilroy Card Club, addressed the
Council in regard to his views of the draft ordinance pertaining
to allowing banking games.
Tony Sailer, addressed the council regarding setting of
betting limits in card games permitted in the city.
Herman Garcia addressed the council noting that he would
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Res.94-33
Volunteer
Program
obtain the names and descriptions of all the card games allowed
in the state and requested advance notice when these issues are
before Council.
It was Council consensus for issues to the proposed card-
room ordinance: exclusion of all large pot games i.e. "Asian
Games" that require player or house banking; allowing 17
(California Poker Games) with definitions; $200.00 maximum
betting limits except for Sonora style Poker; no sunset provi-
sion; city to obtain full disclosure regarding confidentiality of
application information but confidential to others; allowing play
by owners with proper visible identification; enticements and
stimulating play to be allowed; and tables to be visible in one
area.
Discussion was had of county-wide Library Task Force on
Resolution of Intent to Join a community service Authority
further explained by city Administrator Baksa and councilman
Kloecker.
Motion was made by Mayor Gage seconded by councilman
Kloecker that the reading of Resolution No. 94-33 be waived and
that it be adopted consenting to inclusion of the territory of
the City in the formation of the county Library Service Area.
RESOLUTION NO. 94 - 33
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONSENTING TO
INCLUSION OF THE TERRITORY OF THE CITY IN THE FORMATION OF THE
COUNTY LIBRARY SERVICE AREA.
PASSED AND ADOPTED this 28th day of March, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, KLOECKER,
VALDEZ and GAGE
None
ROGERS
MORALES, ROWLISON,
Motion was made by Mayor Gage seconded by councilman
Morales and carried that the Joint Powers Agreement between the
County of Santa Clara and cities relating to library services be
approved as presented with minor changes explained by Councilman
Kloecker and authorized the city Administrator to execute same
when in final form.
city Administrator Baksa discussed the city of Gilroy's
Volunteer Program previously distributed to council recommending
approval. Discussion was had on the matter.
Motion was made by Councilman Gilroy seconded by councilman
Kloecker and carried that the city of Gilroy's Volunteer Program
be approved as recommended and presented.
The following informational items were noted with no
separate discussion on same:
customer Service:
Police chief's Inter-office Memorandums of Appreciation and
commendation: sgt. smithee; 2) Officer Bergman, corporal
Merrill; 3) Butch Alves & staff; 4) Officer Flippo;
Police chief's Inter-Office Memorandum of Appreciation to
Officer Castaneda and corporal Morales;
Recreation services Manager In Appreciation of Rules Review
for Gilroy softball Managers and Clinician for umpires' Rules
Review;
Assistant Fire chief Pavao Inter-Office Memorandum of
Appreciation to Director of Parks & Recreation re: central safety
Awards;
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proclamation Issued by Mayor Gage: community Development
week - March 27th to April 2, 1994;
Thomas W. springer re: proposed card Room ordinance;
santa clara county Manufacturing Group re: Housing costs;
League of california cities Legislative Bulletin #11-1993;
Xerox corporation re: Promotion for Bicycle commuting;
city clerk's certification of Mailing Notices of Public
Hearing to the Downtown Business Improvement Area;
catherine H. Perry re: st. Joseph's Family center;
Minutes of the Gilroy Downtown Development corporation
Board of Director's special Meeting of March 4, 1994; and
councilman Gilroy's Resignation from st. Joseph's Family
Center Board of Directors.
SCRWA
The Minutes of the South county Regional Wastewater
Authority Meetings of January 25, 1994 and February 22, 1994 were
noted.
city Administrator Baksa noted an update on the Water
Conservation Program.
city Administrator Baksa noted a second topic to be
discussed; specifically, council policy regarding Economic Impact
studies required of commercial/Industrial applications at the
April 11, 1994 council study session scheduled for discussion of
council policy and procedures for appointments to commissions and
Boards of the city.
city Administrator Baksa noted possible future discussion
regarding South county Housing federally funded projects in the
northwest quad that require matching funding; that they may
request waiver of fees and council policy will be necessary.
The Mayor thanked staff for replacement of the council
chambers's coat rack.
councilman Kloecker requested approval of the city's
response letter under Item IX.B.6. authored by himself to Santa
clara county Manufacturing Group re: Housing Costs.
Motion was made by councilman valdez seconded by councilman
Gilroy and carried that the city's response letter to Santa clara
County Manufacturing Group be approved for submittal as
presented.
The Mayor noted the following Meetings:
city council study session, April 11, 1994 - 7:00 p.m.,
Employees' Lounge, city Hall re: Discussion on appointment to
city Boards/commissions and Economic Impact studies requirement;
and
Joint city council/chamber Board of Directors study
session, April 14, 1994 - 7:00 p.m., Chamber Conference Room,
7471 Monterey street, Gilroy, CA 95020;
At 11:19 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~hua~d~
~~anne E. steinmetz, ci ty cle~