Minutes 1994/05/02
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Invocation
Proclama-
tion
Posting
Agenda
Roll call
Consent
Calendar
Minutes
Budget
Res.94-38
Dev.Agree
#94-18
Regular Meeting
May 2, 1994
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, First Assembly of God Church gave
the Invocation.
The Mayor presented Pastor Macphail with a Proclamation in
Honor of National Day of Prayer May 5, 1994. Pastor Macphail
noted the Ministerial Association of Churches will officially
hold the Day of Prayer on May 5, 1994 at 12:00 noon in front of
city Hall.
The city Clerk noted that the Agenda had been posted on
April 28, 1994 at 8:50 a.m.
Present: Councilmembers: K. A. Mike Gilroy, Paul V.
Kloecker, Charles S. Morales, Connie Rogers, Suellen C. Rowlison,
Pete valdez, Jr. and Donald F. Gage; 7:00 p.m.
Motion was made by Councilman Kloecker, seconded by
councilwoman Rowlison 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 the Minutes of the Regular council Meeting of
April 18, 1994 ;
Approved Budget Amendments/Transfers as recommended;
Adopted Resolution No. 94-38 Establishing Numerical Limits
of Dwelling Units to be Permitted under the Requirements of the
city's Residential Development ordinance for the Years 1994-2003;
RESOLUTION NO. 94 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESETTING
NUMERICAL LIMITS FOR MAXIMUM TOTAL NUMBER OF RESIDENTIAL DWELLING
UNITS TO BE BUILT DURING EACH OF THE YEARS 1994 THROUGH 2003,
INCLUSIVE.
PASSED AND ADOPTED this 2nd day of May, 1994, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Approved Development Agreement #94-18, South Valley
National Bank as recommended.
cardroom
ordinance
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Deputy city Attorney Korb presented and explained the
revised proposed cardroom ordinance. council discussed and took
action on the following changes:
Motion was made by councilman Gilroy seconded by Councilman
Kloecker and carried to accept the addition of "daily" presence
of a person registered with the state pursuant to The Gaming
Registration Act under section (1) Page 8 requested by Thomas
springer. peter Timewell, representing Herman Garcia noted no
objection to same.
Motion was made by councilman Kloecker seconded by Council-
man Valdez and carried that the 6 month life of a temporary
employee permit (Page 9, section (vi) as recommended by staff be
approved. It was noted that Mr. springer had requested to reduce
same to three months.
Discussion was had at length, section 16.6-1(h)(i)(c) and
revision requested by Mr. Timewell and "just cause" phrase
requested by Mr. Rosario.
Motion was made by councilman Kloecker seconded by council-
man Valdez to eliminate the third line of (h)(i)(c), retain Items
1 through 4 requested in Mr. Timewell's letter of May 2, 1994 and
add Item #7 as noted in the draft ordinance. (councilwoman
Rogers made a friendly amendment that was not seconded to add
that it is not appropriate to come to a conclusion of a judge-
ment.) The original motion failed by the following Roll call
vote: Ayes: councilmembers: Kloecker, Rogers and valdez; Noes:
councilmembers: Gilroy Morales, Rowlison and Gage.
Motion was made by Councilman Gilroy seconded by Council-
woman Rogers and carried that (h)(i)(c) amended language in lieu
of "not responsible and unfit" wording to "if council determines
in their findings inappropriate to grant a license" with the
other language to remain as presented. councilmembers: Kloecker
and valdez voted "no" on the motion.
Motion was made by Councilman Kloecker seconded by council-
man Valdez and carried to use the language requested by Mr.
Timewell in his letter of May 2, 1994 regarding indemnity clause
under section 16.6-1(g)(iv) at Page 5. councilmembers: Rowlison
and Gage voted "no" on the motion.
The Mayor tabled further discussion of the Draft Cardroom
ordinance and continued with the remaining order of the agenda.
The following informational items were noted with no
separate discussion on same:
customer service:
Gilroy Unified school District In Appreciation of planning
staff re: RDO;
Baha'is In Appreciation of city's participation and
Resource Management Coordinator's support in observance of Earth
Day;
police chief In Appreciation of corporal sheedy's Actions;
parks Department Inter-office Memo to Police Department In
Appreciation of Training by corporal Merrill;
Resource Management coordinator Inter-office Memo in
Appreciation of Parks & Recreation staff re: Earth Day;
Tennis Player In Appreciation of parks & Recreation
Department Part-Time Employees;
Sales Tax Digest - state Board of Equalization's 1st Qr.
collections;
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SCRWA
Pers.Com
3-14-94
Annual De Anza College Native American Pow Wow, May 13-15,
1994, Cupertino, De Anza College;
Proclamation Issued by Mayor Gage: May 1-7, 1994 - Hire A
Veteran week; and
Affordable Housing Policy/Definition. (Requested by
Councilman Morales.)
The Minutes of South county Regional Wastewater Authority
Meeting of March 22, 1994 were noted.
The Report of the Personnel commission Meeting of March 14,
1994 was noted.
(At 8:43 p.m. Councilman Morales left the Council
chambers. )
Motion was made by councilman Kloecker seconded by
Councilman Gilroy and carried that the Job Description of
Building & Life safety Inspector be approved as recommended.
(At 8:45 p.m. Councilman Morales returned and took his seat
at the Council table.)
city Administrator Baksa noted proposed schedule on the
distribution of the proposed Budget.
city Administrator Baksa noted staff would be meeting with
the Consultants on the city-wide survey prior to the council
study session.
The Mayor continued with the discussion on the proposed
Draft reV1S10ns to the cardroom ordinance further explained by
Deputy city Attorney Korb.
council discussed and took action on the following:
Motion was made by councilman Kloecker seconded by council-
man Gilroy and carried that the 90 day in advance requirement of
expiration of a permit (Page 6, section (i) be approved as
presented. It was noted that Mr. Rosario had requested 60 days.
It was noted that Mr. Rosario requested reconsideration of
allowable number of tables which is currently five (Page 11,
section (p). council agreed to not reconsider their previous
action of five tables maximum.
Discussion was had and heard further explanation of the
$200 betting limit and "no banking" restrictions of the proposed
ordinance. Heard from Mr. Joe Sullivan, Management representing
Mr. Rosario on this matter.
Motion was made by councilman Gilroy seconded by Councilman
Kloecker and carried that the "no banking" requirements of the
ordinance not be changed. councilmembers: Morales and Gage voted
"no" on the motion.
(At 9:08 p.m. the Mayor declared a Recess in order to
change the video tape and reconvened the meeting at 9:14 p.m.)
Additional discussion was had regarding "house banking" and
check cashing further explained by Mr. Rosario and Mr. Timewell.
Motion was made by Councilman Kloecker seconded by council-
man Valdez that the entire section (w) on Page 12 and section
(vi) on Page 13 of the draft ordinance pertaining to House Banks
Prohibited and check cashing be eliminated by the following Roll
call vote: Ayes: councilmembers: Gilroy, Kloecker, Rogers,
Rowlison, and Valdez; Noes: councilmembers: Morales and Gage. (A
friendly amendment to not allow cashing of second party checks
was not accepted by the original makers of the motion.)
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Motion was made by Councilwoman Rowlison seconded by
councilwoman Rogers that second party check cashing is prohibited
by the following Roll Call Vote: Ayes: Councilmembers: Morales,
Rogers, Rowlison and Gage; Noes: councilmembers: Gilroy, Kloecker
and Valdez.
Mr. Rosario's comments regarding duplication in the
ordinance was noted and clarified by Deputy city Attorney Korb
that duplication was intentional and recommended no change.
Motion was made by councilman Gilroy seconded by Councilman
Morales by the following Roll Call Vote to leave reference of
"aggravate crime problems" (Page 6, subsection (h)(i)(A) as
written: Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison
and Gage; Noes: councilmembers: Kloecker and Valdez.
Motion was made by councilmember Gage and died for lack of
a second to accept the wording as written in section (v) of Page
9. Motion was made by councilwoman Rogers seconded by councilman
Kloecker by the following Roll call Vote to accept all of the
wording of section (v) on Page 9 with the exception of #4 to
read: "the person has been convicted of a felony or has outstand-
ing warrants". (Councilman Kloecker withdrew his second during
the Roll Call): Ayes: Councilmembers: Gilroy, Morales, Rogers,
Rowlison and Gage; Noes: Councilmembers: Kloecker and Valdez.
Discussion was had regarding Mr. springer's objection to
the $200 maximum betting limit as being too high and lack of
provision of a "sunset" clause. Mr. springer further explained
his request to lower the maximum betting limit. Mr. Timewell and
Mr. Garcia further explained the maximum betting limit.
Mr. Tony Lai addressed the council inquiring under
violations and convictions who decides which crimes are moral or
immoral, further explained by Deputy city Attorney Korb.
Motion was made by councilman Kloecker seconded by council-
woman Rowlison and carried to require a $200.00 betting limit.
councilmembers: Morales and Gage voted "no" on the motion.
Further discussion was had regarding a "sunset" clause
within the ordinance objected to by Mr. Garcia and requested by
Mr. springer.
Motion was' made by councilwoman Rowlison seconded by
co~ncilman Valdez and carried that no "sunset" clause be within
the ordinance.
Discussion was had regarding restricted locations for
cardroom establishments. No action was taken.
Motion was made by councilman Valdez seconded by councilman
Kloecker and unanimously carried that the ordinance as revised be
read by title only and waived further reading of the ordinance.
Motion was made by councilman Gilroy seconded'by councilman
Kloecker and carried that the ordinance be introduc~d and
published by title and summary. The city Clerk read the title of
the ordinance.
Deputy city Attorney Rorb reported that a previous inquiry
of councilwoman Rogers regarding the visitor's B~reau and the
Brown Act is that it does not apply.
councilwoman Rowlison reported that the Water commission
has agreed that there will be no increase in water rates and
noted the Water District Public Hearing in the council Chambers
on May 10, 1994.
councilman Kloecker gave an update on legislation re:
valerie Brown's Bill on sales Tax and requirements of the Housing
Element bAing less restrictive.
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The Mayor noted the following meetings/events:
city council study session, May 4, 1994 - 7:00 p.m.,
Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA re:
Discussion of City-wide Survey with Research center consultants;
city council Interview session, May 9, 1994 - 7:00 p.m.,
Gilroy senior center, 7371 Hanna street, Gilroy, re: Applicants
for Library & culture commission and Parks & Recreation
commission vacancies;
city council/Gilroy Chamber of Commerce Board of Directors
Joint Meeting, May 12, 1994 -7:00 p.m., Gilroy Chamber Board
Room, 7417 Monterey street, Gilroy, CA re: Discussion on Issues
of Mutual Concern;.
city council study session re: 1994-95 Budget, May 18, 7:00
p.m., 24, 7:30 p.m. and (if necessary) 25, 1994 - 7:00 p.m.,
council chambers, city Hall, 7351 Rosanna street, Gilroy, re:
city of Gilroy 1994-1995 Budget; and
Leadership Forum, May 19,1994 - 7:30 a.m. to 9:00 a.m.,
Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy.
city Administrator Baksa confirmed the south county
Regional Wastewater Authority study session on May 10, 1994 at
7:00 p.m.
At 11:14 p.m. the Mayor adjourned the meeting to a Closed
session re: exposure to litigation in accordance with section
54956.9(b)(1)(C) of the Government code re: old city Hall
Lessee/Hendrickson.
At 11:55 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
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~~nne E, steinmetz, city Clerk cJF--