Minutes 1997/09/15
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7044
Posting
Agenda
Roll Call
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Special Meeting
September 15, 1997
Gilroy, California
The City Clerk noted that the Agenda had been posted on September 11, 1997
at 11 :05 a.m.
Present: Councilmembers: K. A. Mike Gilroy, Suellen C. Rowlison, Thomas
W. Springer, Pete Valdez, Jr., and Connie Rogers; Absent: Charles S. Morales-
5:35 p.m.
Mayor Protempore Rogers announced the topic for this special meeting, an
open hearing on a Personnel matter on an appeal from the decision of the City
Administrator to dismiss Police Officer Mark Good.
(At 5:38 p.m. Councilman Morales entered the Council Chambers.)
Acting City Attorney Faber explained the process for the special meeting.
Daniel Jensen, attorney representing Mark Good, distributed a memo in
argument to Mr. Baksa's decision, and it was placed in the record of this meeting.
He presented his opening argument on behalf of Mr. Good.
Helene Leichter presented the opening argument on behalf of the Gilroy Police
Department, requesting Council uphold the City Administrator's termination of
Police Officer Mark Good. She rebutted several items noted by Mr. Jensen.
Invocation
Posting
Agcnda
Roll Call
New Emp.
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City Administrator Baksa explained his role in this process, his decision, and
his reasoning in reaching the decision to terminate Police Officer Mark Good.
Mr. Jensen rebutted the statements made in the opening argument of Ms.
Leichter and Mr. Baksa's explanation of his decision.
Ms. Leichter stated that the Police Department stands on the evidence
presented.
Perry Woodward, Princevalle Street, spoke on behalf of Mr. Good.
Michelle Bozzo, Rosanna Street, spoke on behalf of Mr. Good.
William Good spoke on behalf of Mark Good.
Kathleen McJunckin spoke on behalf of Mark Good.
Charleen Moore, Fourth Street, spoke on behalf of Mark Good.
Randy Scott, Los Padres Court, stated the Police Department has a problem
with leadership.
Councilman Valdez requested the definition of negligent retention and tort
feasor. He also asked for a description of pitchess motion as it relates to civil and
criminal wrongdoing.
Mayor Protempore Rogers stated that Council will meet in closed session
tomorrow starting at 7:00 p.m., and will reconvene at 10:00 p.m. She stated that
if a decision has been reached, the decision will be announced. She stated that if a
decision has not been reached, Council will continue deliberations on Thursday,
September 18, 1997 starting at 8:00 p.m., and if a decision is reached will give a
30 minute notice for an announcement.
Mayor Protempore Rogers adjourned the meeting at 6:50 p.m., to a closed
session on September 16, 1997 at 7:00 p.m.
Respectfully submitted,
~cA~
/s! RHONDA PELLIN
City Clerk
Regular Meeting
September 15, 1997
Gilroy, California
Mayor Protempore Rogers led the Pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible Church gave thc Invocation.
Thc City Clerk noted that the Agenda had been posted on Septemher 11, 1997
at II :05 a.m.
Present: Councilmcmbers: K. A. Mike Gilroy, Charlcs S. Morales, Suellen
C. Rowlison, Thomas W. Springer, Pcte Valdez, Jr., and Connie Rogers - 7:05
p.m.
Mayor Protempore Rogers introduced new employee Rohert L. Smith,
Building Inspector I - Community Development Department/BLES.
7046
Constitution
Week
Mayor Protempore Rogers noted a Proclamation for Constitution Week,
September 17-23, 1997.
Lawsuit Abuse Mayor Protempore Rogers noted and presented a Proclamation for Lawsuit
Awareness Abuse Awareness Week, September 22-26,1997, to Terry Feinberg.
Week
Emp. A ward
Consent
Calendar
Budget
Minutes
Res. 97-51
Pub.Hearing
M 97-09/
AHE 97-02
Pub. Hearing
TM 97-02
Mayor Protempore Rogers presented the Employee A ward for the Month of
August, 1997, to Robert Ledesma, Assistant Fire Chict~ Firc Marshal, Chief
Building Official, and Pretreatment Program Administrator, Community
Development Department.
Motion was made by Councilman Morales, second cd by Councilman Valdez
and carried that the following items undcr the Consent Calendar be approved by
the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy,
Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr,
and Connie Rogers:
Budget Amendments/Transfers as recommended;
Minutes of the Regular Council Meeting ofScptember 2, 1997; and
Adopted Resolution No. 97-51 authorizing oflicers who may conduct
financial transactions on behalf ofthe City of Gilroy;
RESOLUTION NO. 97-51
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING
RESOLUTION 96-53 AUTHORIZING OFFICERS WHO MA Y CONDUCT
FINANCIAL TRANSACTIONS ON BEHALF OF THE CITY OF GILROY.
PASSED AND ADOPTED this 15th day of September, 1997, by the following
vote;
AYES: COUNCILMEMBERS: GILROY, MORALES, ROWLISON,
SPRINGER, VALDEZ, and ROGERS
NOES: None
ABSENT: None.
Mayor Protempore Rogers stated it was the time and place scheduled for an
Affordable Housing Exemption request pursuant to Zoning (>rdinance Section
50.62(b), to exempt the construction of 75 affordable apartment units from the
Residential Development Ordinance (ROO) competition process, on property
zoned R I (Single Family Residential) and located on the west side of Monterey
Road, north of Farrell A venue, at 9345 Monterey Road. Central Valley
Corporation, applicant, M 97-09/AHE 97-02.
Motion was made by Councilman Valdez, seconded by Councilwoman
Rowlison and carried to continue this, at the request of the Planning Commission,
to December 15, 1997.
Mayor Protempore Rogers stated it was the time and place scheduled for a
Vesting Tentative Map request to subdivide approximately 3.22 acres into an 8 lot
single family residential subdivision, plus one remainder lot, to be constructed on
property located along the east side of Mesa Road adjacent to Santa Teresa
Boulevard, between Dawn Way and Nicole Way, zoned R I (Single Family
Residential). Albert Fortino, TM 97-02.
The Staff Report was noted and further explained by Planner I Stice.
Mayor Protempore Rogers asked if there was anyone in the audience wishing
to speak for or against the proposal.
Santa Teresa
Blvd.Task
Force
AB23
Grand Jury
Domestic
Violence
A/S 97-08
SCRWA
Appts.
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Gene Wells, on behalf of Mr. Fortino, stated that a 7' soundwall is not
necessary since development is 20' above Santa Teresa Boulevard. He noted that
the applicant has requested to construct the full street for 1300'.
Mayor Protempore Rogers asked if there was anyone fUliher wishing to speak
on this request. There was no further comment from anyone in the audience.
Mayor Protempore Rogers closed the Public Hearing.
Council expressed concern with the height of the berms and fences due to
safety issues, and stated that landscaping might be planted to address the safety
Issue.
Motion was made by Councilman Springer, scconded by Councilman Morales
and carried to direct statTto prepare a resolution approving TM 97-02 with the
conditions as recommended by staff including the requirement that landscaping
will be included as part of the A & S review due to security and aesthetic issues.
Motion \}Ias madc by Councilman Springer, seconded by Councilwoman
Rowlison and carried to direct staff to reactivate the Santa Teresa Boulevard Task
Force to evaluate I) the desirability of berms along the Santa Teresa Corridor, and
2) rcscarch a mechanism for funding for maintenance of soundwalls.
Tony Sudol noted concern with aesthetics vs. security on soundwalls.
Mayor Protempore Rogers reviewed a request by Asscmblyman Don Perata
for support of AB 23 which would provide California law with its first generic
definition of an assault weapon, noting it was continucd from the prcvious
meeting.
It was notcd that this Bill has been continued to the next session of the
legislature.
Council consensus was to take no action at this timc
Mayor Protempore Rogers noted the draft Icttcr of responsc by the Gilroy City
Council to the Santa Clara County Grand Jury recommcndations rcgarding
domestic violence.
Motion was made by Councilwoman Rowlison, sccondcd by Councilman
Valdez and carried to scnd the letter to the Grand Jury.
Mayor Protempore Rogers noted a request for Architectural and Site design
review to relocate an existing 1,215 sq.ft. dwelling approximately 25 feet towards
the rear of the property boundary located at 7463 Rosanna Street, zoned R2-HS
(Two Family Residential-Historic Site), and also relocate a second historic
designated dwelling, presently situated outsidc the incorporated City limits (9480
Murray Avenue), onto the front portion of the Rosanna Strcet site. Tim Lantz,
applicant, A/S 97-08.
The StaiT Report was noted and further explained by Planner I Stice.
Motion was made by Councilman Springer, seconded by Councilman Valdez
and carried to approve the request.
Mayor Protempore Rogers notcd the need for the appointment of a Member
and an Alternate Member to the South County Rcgional Wastewater Authority
Board of Directors.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez and carried to appoint Mayor Protempore Rogers as Member and
Councilmember Morales as Alternate Member.
7048
Mark Good Mayor Protempore Rogers noted the request to broadcast the videotapes of
Video Tapes the Mark Good Personnel Hearing on Channel 34.
The Staff Report was noted and further explained by PIO McCann.
Motion w~s made by Councilman Gilroy, seconded by Councilman Morales
and carried to deny the request.
Mayor Protempore Rogers asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Salina Munoz questioned the item earlier in the meeting regarding fencing
along Santa Teresa Boulevard and also the bike path.
Mayor Protempore Rogers asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda. There was no further comment
from anyone in the audience.
The following informational items were noted with specific appreciation noted
to Romeo Dekelaita for his compassion for a child's mother:
Customer Service:
Letter from Jason A. Newman, Deputy Sheriff Rcgarding Assistance at the
Garlic Festival;
Memorandum of Appreciation for Assistance of Fire Personnel During the
Safe Kids Survival Camp Event;
Letter of Appreciation for Gilroy Fire Department's Participation in the
Memorial Service for Fire Marshal Bill Gianatasio, City of Santa Clara;
Memorandums of Appreciation for Assistance with the Safe Kids Survival
Camp;
Letter of Thanks for Assistance on an oral examination panel for Parks Field
Crew Leader;
Letters of Thanks for the planting of a Simpson's Silver Coast Redwood tree
at Miller Park;
Letter of Acknowledgment from the Oftice of the Attorney General, State of
California, for outstanding leadership and innovation by the Gilroy Police
Department;
Letter of Appreciation to the Gilroy Police Department for Assistance in
Retrieving a Towed Car;
Letter of Information that Officer Greg Flippo completed DARE training and
is certified to teach the course;
Letter of Appreciation from Gene Sakahara, Principal, Jordan School, to the
Gilroy Police Department for the Adopt a School Program, "Kathy & the Bad
Boys" performances, and the DARE Program;
Letter from Congresswoman Zoe Lofgren expressing appreciation for the
Gilroy Police Department meeting with her aides regarding Rogers Lane safety
Issues;
Letters from Louise S. Santana, Principal, Eliot School, thanking "Kathy &
the Bad Boys" for performing at Eliot School;
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Letter from South Valley Jr. High School thanking "Kathy & the Bad Boys"
for their performance at their "Welcome Back to School" night;
Letter of Thanks to the Gilroy Police Department from Captain ClitTThome,
Gilroy Fire Department, for cooperation and assistance in emergency responses;
Letter of Appreciation for Assistance by the Gilroy Police Department to a
"damsel in distress;" and
Letter of Commendation for Gilroy Police Officer's service during an
investigation.
Informational items:
League of California Cities Legislative Bulletin #29-1997, dated August 29,
]997;
Letter from Rebecca Q. Morgan, Joint Venture: Silicon Valley Network,
Presenting the 1997 Investor Award to the City of Gilroy;
Police Department Response to 1996/1997 Santa Clara County Grand Jury
Review of Public and Private Agency Responses to Domestic Violence;
Gilroy Community Serviccs Department, 1997 City Water Usage;
Letter of Complaint from Bonnie L. Jeske regarding GTE Telephone
Company;
South County Regional Wastewater Authority Ongoing Engineering
Activities; and
Memorandum Requesting Two Years of Additional Service Credit for
Classification of Fire Captain.
Planning Com. The report of the Planning Commission meeting of September 4, 1997 was
9-4-97 noted.
Transient
Occupancy
Tax
EI Nifio
City Administrator Baksa noted the n:quest to amend the City Transient
Occupancy Tax on recreational vehicle parks.
There was a conscnsus ofthc Council to amend the ordinance to include
recreational vehicle parks to have the Transient Occupancy Tax apply to them.
Mayor Protempore Rogcrs requested a copy of the staff report and action on
the approval of the RV park.
Notcd report from the Santa Clara Valley Water District regarding EI Nifio.
City Administrator Baksa stated that the October 27,1997 dcpartmental report will
be on the SIMS training for the emergency team.
City Administrator Baksa noted the SCRW A (South County Regional
Wastewater Authority) NPDES permit application process.
Mayor Protempore Rogers requested a list of scheduled SCRW A meetings be
on the next Council agenda.
Mayor Protempore Rogers noted the City Commission and Board
appointments effective January I, 1998 to expire January I, 2002. (Annual
Appointments Dccember 15, 1997.) (Copies)
The consensus of the Council was to opcn the application period starting
tomorrow, sct a deadline ofOctobcr 31, 1997 at 5:00 p.m. to receive applications,
set December 8, 1997 to intervicw candidatcs, and set December 15, ] 997 to
makc appointments to City Commissions and Boards.
70150
Mayor Protempore Rogers stated that the Santa Clara Valley Water District
has invited the Council to tour their South County facilities on October 10,1997.
Councilwoman Rowlison stated that The Community Foundation is offering
$5,000 grants to neighborhood groups to improve neighborhoods. She stated that
anyone interested in applying should call 278-0270, and noted that a workshop is
scheduled on September 18,1997 in Gilroy.
Councilman Morales noted that he had been invited and gone to the Mexican
government's summit, and stated that on Thursday from II :30 to I :00, the
Mexican consulate will come to Tasso's Restaurant in Gilroy to give an update.
Councilman Valdez distributed pictures showing the new Altamont Commuter
Express train. He stated that he had attended a SW A T competition. He showed a
short video on the maintenance facility request.
Councilman Gilroy stated that a citizen in Gilroy was having a problem with
graffiti, and noted that Police Officer Greg Flippo assisted him. He reported on
the golf tournament held on Friday to raise money for the youth center, stating
that it grossed $18,000. He stated that the small lot size discussion needed to
address having a place for children to play, noting that he would like to meet
again to discuss the issue.
Councilman Springer questioned the role of 4,000 sq.ft. homes? He agreed
with Councilman Gilroy that Council needs to meet again on these issues in
October. He requested information on the State Code regarding any density
bonus for affordable housing. He noted that there is a scheduled closed session
for 6:30 p.m. next Monday, and requested a closed session with the Police
Department also on Monday from 5:30 to 6:30 p.m.
Mayor Protempore Rogers noted the following meetings/events:
September 16,1997,7:00 p.m. (and September 18,1997,8:00 p.m. if needed)
Closed Session of the Gilroy City Council to review Administrative Hearing
records and make a Decision on the Termination of Police Officer Mark Good,
Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California.
Joint Introductory Meeting for the General Plan Update to include the Gilroy
City Council, Planning Commission, Parks and Recreation Commission, Library
Commission, and Arts and Culture Commission members on Wednesday,
September 17, 1997 at 7:00 p.m. in the Senior Center Meeting Room, 7371 Hanna
Street, Gilroy, California.
City Employees' Annual Barbecue on September 20, 1997,4:00 p.m. at
Christmas Hill Park, Miller Avenue, Gilroy, California.
September 22,1997,6:30 p.m. Closed Session of the Gilroy City Council to
review Claim of Mark Zappa, Gilroy City Council Chambers, 7351 Rosanna
Street, Gilroy, California.
Joint Retreat of the Gilroy City Council and the Gilroy Unified School Board
Members on Wednesday, October 8, 1997 from 7:00 p.m. to 10:00 p.m. in the
Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy,
California regarding items of mutual interest.
League of California Cities Annual Conference, Moscone Convention Center,
San Francisco, California, October 12-14, 1997.
AAUW (American Association of University Women) Election Forum, 7:00
p.m. to 9:00 p.m., October 22, 1997, Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California.
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Mayor Protempore Rogers adjourned the meeting at 9:47 p.m.
Respectfully submitted,
~~
/s/ RHONDA PELLIN
City Clerk