Minutes 1995/05/22
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Invocation
Posting
Roll Call
Intro.
New Emp.
Emp Award
Volunteer
Consent
Calendar
Claim
Budget
Cal ID Sys.
Imp.Agree.
Res.95-41
Res.95-42
Regular Meeting
May 22, 1995
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor David Gish, Grace Evangelical Free Church, gave the
Invocation.
The City Clerk noted that the Agenda had been posted on May
18, 1995 at 9:45 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.
The Mayor introduced New Employee: stanley Devlin, Police
officer.
The Mayor presented the Employee of the Month Award for
April 1995 to Jane Alexander, Building Inspector.
The Mayor presented the Volunteer of the Month of May 1995
to Tom Carr - Police Department.
Motion was made by Councilman Kloecker, seconded by Council-
woman Rogers 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;
Denied claim of Amelia Garcia as recommended;
Approved Budget Amendments/Transfers as recommended;
Approved the Seventh Amendment to Agreement to Provide Local
Law Enforcement Agency Access to the California Identification
System;
Approved property Improvement Agreement No. 95-20, Albert
Fortino, Mesa Road;
Adopted Resolution No. 95-41 approving A/S 95-03, on
property located west of Santa Teresa Boulevard, north of
Longmeadow Drive, Arcadia Development Company, applicant;
RESOLUTION NO. 95 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
A/S 95-03, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF
131 SINGLE FAMILY DETACHED DWELLINGS ON APPROXIMATELY 33 ACRES
(PARCELS NO. 783-48-001 AND 783-49-001) ON PROPERTY ZONED R1-PUD
(SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT).
PASSED AND ADOPTED this 22nd day of May, 1995, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
ROGERS,
Adopted Resolution No. 95-42 approving A/S 95-12, on
property located on the west side of Kern Avenue, adjacent to the
future extension of Mantelli Drive, South county Housing,
applicant;
RESOLUTION NO. 95 - 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING/
A/S 95-12, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF
66 SINGLE FAMILY DETACHED DWELLINGS ON APPROXIMATELY 12.5 ACRES
(PARCELS NO. 790-04-039 AND 056) ON PROPERTY ZONED R1-PUD (SINGLE
FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT).
Pub.Hear.
Card Room
Permits
6G63
PASSED AND ADOPTED this 22nd day of May, 1995, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
The Mayor stated that it was the time and place scheduled
for a continued Hearing on an Appeal of a denial of card Room
Employee Registrations at Garcia's card Room.
The staff Report was noted and and further explained by
Police Lt. Brown.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
The following addressed the council:
Herman Garcia, Owner of Garcia's card Room. He distributed
information to council regarding the appeal.
Jeffrey Dame, 2 year resident and patron of Garcia's card
Room in favor of granting the registrations for Employees A & B.
Bill Trammel, patron of Garcia's card Room, noting that the
poker players and customers approve of the employees in question.
Tony valdez, member of the california Department of Correc-
tions requesting that council adhere to the city's regulations
noting that he agrees with the ordinance and council should follow
it. He noted that he has no advice on how the council should act;
just advice on how it would effect subsequent appeals.
Herman Garcia noted that the employees have not had any
problems for two years and noted community service provided by
said employees. He noted alternative actions recommending council
approve the registration permits for the employees.
Ron Henry, resident on and off for thirty years noting that
he is not a poker player but customer at Garcia's and recommends
that the employees in question receive commendation rather than
this appeal noting that he has viewed many volunteers and the two
employees in question have given two-fold to the community.
Tom springer, 7300 Orchard Drive, noting the issue is the
city's card Room Ordinance not Garcia's nor the employees. He
noted that action by the council is precedent setting and
recommends denial of the appeal.
At 9:15 p.m. the Mayor declared a recess and reconvened the
meeting at 9:20 p.m.
councilman Kloecker noted the issue is not precedence
setting; not a court of law and that the ordinance provides for an
appeal. He further noted his decision will not be based on
personal friendship. He noted the Ordinance requires a decision
of the police chief and the matter is not an issue to support or
overturn the Police chief's decision. He also noted there is no
reason why Mr. Rosario is unable to operate a card room.
Bill Trammel, noted that Mr. Rosario is operating a card
Room on Tuesdays through saturdays.
Larry Hansen, resident of Gilroy for nine years noted the
character of Benny Garcia to be good and that he has worked with
him in the Little League program.
Karen Barney, resident of San Jose and patron of Garcia's
recommended the employees be granted registrations under the
appeal process as they are good dealers and are the reason why
Garcia's Card Room is the business that it is.
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Res.95-43
Yolanda Garcia Velasco, spoke to the character of her
brother, Benny Garcia and requested that Council approve the
employee Registrations.
Councilman Kloecker left the Council chambers.
Ted sanchez, noted he is not a card player but patronized
Garcia's to view the business operations and recommended approval
of the employee registrations.
Miguel Paredes noted he felt intimidated following
addressing the Council at a prior meeting on another issue. He
noted Council approved the ordinance that Herman Garcia was
instrumental in Council adopting and that Council should follow
the ordinance.
The Mayor apologized to Mr. Paredes if he felt intimidated
at a prior meeting, because Council welcomes participation and
comments from the audience on all issues.
Herman Garcia noted that he realizes that there are other
types of employment for the employees in question but at this time
they prefer to be card dealers.
Councilman Kloecker returned and took his seat at the
Council table.
Jeffrey Dame noted that if the appeal is granted and a need
for a reason to do so would be the fact that they have received
support of the patrons and employer of Garcia's.
At 9:45 p.m., after no further testimony, the Mayor closed
the Public Hearing.
Discussion was had by Council on the matter. Herman Garcia
spoke to the record clearance process.
Motion was made by Councilman Gilroy seconded by Council-
woman Rowlison by the following Roll Call Vote to grant the appeal
and allow the employee registrations of Employee A & B at Garcia's
Card Room on the condition that each employee be required to
complete a full employee registration investigation annually for a
three year period as provided for in the Card Room Ordinance to
include payment of the registration fees annually and provided no
condition arises that would cause denial of the registrations
during these three years: Ayes: Councilmembers: Gilroy, Kloecker,
Rogers, Rowlison and Valdez; Noes: Councilmembers: Morales and
Gage.
For the record Councilman Valdez requested that the minutes
reflect the fact that the two employees of Garcia's Card Room have
been employed prior to the adoption of the current Card Room
Ordinance and that the felony charge of Employee A was imposed
because of the number of previous misdemeanors; that Council
considered the degree of this felony in their action to grant the
registration appeals and the fact that the two employees were
employed at Garcia's Card Room when the city did not have the
registration requirements that are in the current ordinance.
At 10:25 p.m. the Mayor declared a recess and reconvened the
meeting at 10:30 p.m.
The Resolution approving TM 95-01, South county Housing,
applicant, on property located on the west side of Kern Avenue
adjacent to the future extension of Mantelli Drive was noted. The
Public Hearing was held May 15, 1995 and direction to Staff to
prepare the resolution approving TM 95-01.
City Administrator Baksa presented and
the entire area and adjacent street patterns
requested by Council at the Public Hearing.
council on the matter.
explained a map of
for clarification
Discussion was had by
Zon.Ord.
Amendment
P.& R.Com.
4-18-95
6665
Motion was made by councilwoman Rowlison seconded by
councilman Gilroy that the reading of Resolution No. 95-43 be
waived and that it be adopted.
RESOLUTION NO. 95 - 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
TM 95-01, A 70 LOT SUBDIVISION OF 66 RESIDENTIAL LOTS, 3 COMMON
AREA LOTS AND 1 REMAINDER LOT ON APPROXIMATELY 12.45 ACRES LOCATED
ON THE WEST SIDE OF KERN AVENUE, ADJACENT TO THE FUTURE EXTENSION
OF MANTELL I DRIVE, APN NOS. 790-04-039 AND 046.
PASSED AND ADOPTED this 22nd day of May, 1995, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROWLISON and GAGE
COUNCILMEMBERS: KLOECKER, ROGERS and VALDEZ
COUNCILMEMBERS: None
An Ordinance amending Sections 50.62(b)(3), 50.66(d) and
50.67 of the Zoning Ordinance relating to the Residential
Development Ordinance was noted previously discussed at the May
15, 1995 Public Hearing.
Motion was made by Councilman Kloecker seconded by
councilman Valdez and unanimously ordered that the ordinance be
read by title only and waived further reading of the ordinance.
The Clerk read the title of the ordinance.
Motion was made by councilman Kloecker seconded by
Councilman Valdez and carried that the Ordinance amending the
zoning Ordinance be published by title and summary. Councilman
Gilroy voted "no" on the motion.
The following informational items were noted with no
separate discussion on same except as noted:
Customer service:
Local citizen In Appreciation of Assistance with Kern Avenue
Park project;
Parks & Recreation Director In Appreciation of county's
Prompt Actions concerning Seventh & Rosanna Streets parking Lot;
Parks & Recreation Director In Appreciation of City of
Irvine for Information relating to Soundwalls;
Monthly cash and Investments Report, March 31, 1995;
city'S Response to AB 1340;
League of California cities Legislative Bulletin #18 -
1995; councilman Gilroy recommended the city oppose SB 1066 re:
Development Fees; AB 182 re: Shopping Carts and SB 305 Unfunded
Mandates. city Administrator Baksa noted he believes the City
sent letters opposing these bills and if not will send letters in
opposition; Councilwoman Rogers recommended the city oppose AB
318 re: Water & Power utility Rates. city Administrator Baksa
noted the city sent a letter opposing same; Discussion was had
regarding cities revenues from utilities exceeding expenditures;
Constitution Revision commission Meeting In Sunnyvale;
Gilroy Hot springs In Appreciation; and
correspondence re: Garlic country USA - paula N. Tice In
opposition.
The Minutes of the Parks & Recreation Commission Meeting of
April 18, 1995 were noted.
The Minutes of the Senior Advisory Board Meeting of April
17, 1995 were noted.
6G6G
Adjrnmt.
The Minutes of the Golf Course Board Meeting of May 2, 1995
were noted.
The Minutes of the Library & culture commission Meeting of
May 9, 1995 were noted.
City Administrator Baksa distributed a letter from EMC
Planning Consultants regarding Gilroy Economic Impact Assessments
Definition of Regional Use.
city Administrator Baksa distributed ABC Licenses & Census
Tract information to Council.
city Administrator Baksa distributed a Summary of proposals
received for the new recycling programs noting that he has the
complete documents if Council wish to review same.
The Mayor noted the 100th Year Anniversary of Rucker school
ceremonies scheduled for June 3, 1995 and requested Mayor
Protempore Rowlison represent the city in his absence.
The Mayor noted the Fund Raiser Dance for Jim Dowell was
a success.
Councilwoman Rowlison noted the brochures from San Jose
school Health Centers and limited copies received of the Report if
any councilmember wishes to review same.
Councilwoman Rowlison reported on the Arts Conference held
at Gavilan college May 20, 1995 and noted they have received
consultant services at no cost to assist in the development of a
cultural plan for Gilroy.
Councilwoman Rogers noted she attended the May 9 Library &
culture commission Meeting regarding their recommended changes to
the Charter and request for a commissioner for representation on
the Advisory Committee for the county Library.
councilwoman Rogers reported on the Visitors' Bureau Meeting
and the Tourism Luncheon she and Councilwoman Rowlison attended
hosting the city of Tulare re: information for an outlet Mall in
their city; noted Shirley McGee, South valley Arts' Theatre, was
appointed to the Arts position of the Visitors' Bureau Council.
Councilman Gilroy noted the May 29, 1995 Memorial Services
at Gavilan cemetery at 11:00 a.m.
1 .
Councilwoman Rogers provided an article regarding a Southern
Pacific Railroad contact person and recommended he be advised of
the street improvement project at I.O.O.F. Avenue and need for
railroad crossing track repairs.
The Mayor noted the following meetings/events:
Gilroy city council study sessions, May 23 & 25, 1995 re:
Budget, city Hall Council chambers, 7351 Rosanna street, G~lroy,
Joint Gilroy/Hollister/Morgan Hill/San Juan Bautista cit~
Council study session, May 24, 1995, 7:30 p.m., Council Chambers,
7351 Rosanna Street, Gilroy, re: Cable TV Refranchising
orientation;
Grand opening - Arturo ochoa Migrant Housing center, June
10, 1995 - 11:00 a.m., 915 Arizona circle, CA 95020; and
SCRWA Meeting, May 23, 1995.
At 11:08 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
r0~~. ~:l)Jf:7dfcrerk