Minutes 2000/05/01
7 5 · ",
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Posting
Agenda
Roll Call
New Emp.
Regular Meeting
May 1, 2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on April 26, 2000
at 10:00 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer; Absent:
Councilmember Anthony C. Sudol III - 7:01 p.rn.
The Mayor introduced new employee Janie Perales, Police Records
Technician, Police Department.
Special Olympics The Mayor noted a presentation of shirts to the Councilmembers for Special
Olympics by Michael Nolan, Judy Mireles-Janisch, and two Special Olympic
participants. She introduced Sgt. Don<'Kludt who presented a special "Torch Run"
shirt to Mayor Springer. It was noted that the Special Olympics event will be held
on May 6,2000 at 9:00 a.m. at Gilroy High School.
Rev.Div. Work The Mayor recognized the Revenue Division Work Group, consisting oflrma
Group Navarro, Bridget Amaral, Carmen Medrano, Patricia Pichardo, Martin Quiroz, and
Michele Simonsen.
Consent
Calendar
Budget
Minutes
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience,
Motion was made by Councilman Morales, seconded by Councilmember
G. Arellano and carried that the following items under the Consent Calendar be
approved, removing Item G. Possible change of date and cancellation of City
Council meeting and Item I. Resolution in support of clean, safe creeks and
natural flood protection, and amending Item F. Resolution regarding the March 7,
2000 Election adding the word "not" approved to wit; to page 2 #6 and amending
Item H. Resolution regarding Maintenance District NO.1 changing the date of the
Public Hearing to June 15, 2000 rather than June 1, 2000; by the following Roll
Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano,
Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer;
Absent: Councilmember Anthony C. Sudol 111:
Approved Budget Amendments/Transfers as recommended:
Minutes of the Regular Council Meeting of April 3, 2000; Special Council
Meeting of April 10, 2000; and Regular Council Meeting of April 17, 2000;
Res. 2000-25 Adopted Resolution No. 2000-25 releasing a grant award to the County of
RJCEC Grant Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition (RJCEC);
RESOLUTION NO. 2000-25
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS
P ART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION
(RJCEC).
PASSED AND ADOPTED this 1st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
J.N.Abbott Approved an Economic Incentive Agreement for J. N. Abbott Distributing,
Inc.;
Claims
Res. 2000-26
Election
7 I~
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Denied claims of Judy Guardino, Roberta Perez, Eva Trinchero, Mexico Cafe,
Tarrah Stites, Gabriele Delgado, Aaron Chan, and Utility Savings Corporation;
Adopted Resolution No. 2000-26 approving and adopting the Registrar of
Voters' Canvass of the Special Municipal Election and declaring results of such
Election held in the City on March 7, 2000 as amended;
RESOLUTION NO. 2000-26
RESOLUTION APPROVING AND ADOPTING THE REGISTRAR OF
VOTERS ' CANVASS OF THE SPECIAL MUNICIPAL ELECTION AND
DECLARING RESULTS OF SUCH ELECTION HELD IN THE CITY ON
MARCH 7, 2000.
RESOLVED, by the City Council of the City of Gilroy, California that;
WHEREAS, by order of this Council a special municipal election was held and
conducted in the City of Gilroy and consolidated with the Statewide Presidential
Primary Election, on Tuesday, the 7th day of March, 2000 as required by law and
the Charter of said City as amended; and
WHEREAS, it appears that notice of said special election was duly and legally
given; voting precincts were properly established; election officers were appointed
and election supplies furnished; and in all respects the election was held and
conducted and the votes cast thereat received and canvassed, and tl1e returns
thereof made, determined and declared in time, form and manner as required by the
Charter of said City as amended and the general laws of the State providing for
and regulating municipal elections in said City; and
WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said
municipal election and did count the absentee ballots cast thereat, pursuant to
direction and order of the City Council of said City; and
WHEREAS, said canvass was duly completed and the results thereof were
certified by the Registrar of Voters and submitted to this Council.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as
follows:
1. Said municipal election was held and conducted in the City of Gilroy,
County of Santa Clara, State of California and consolidated with the Statewide
Presidential Primary Election held throughout Santa Clara County on Tuesday,
March 7, 2000 in the time and in the form and manner as required by law.
2. That there were established twenty-three (23) voting precincts for the
purpose of holding said municipal election.
3. The canvass of the returns of the votes cast and the counting of absentee
ballots cast in said City for Measure M was duly held by the Registrar of Voters in
accordance with the order of the Council and in accordance with law and said
Registrar of Voters has executed a certificate certifying to the results of such
canvass, which certificate is hereto attached, marked Exhibit" A" and by this
reference is made a part hereof. Said certificate has been examined and is hereby
approved and adopted by this Council as the official canvass of said municipal
election.
4. The whole number of votes cast in said City of Gilroy at said municipal
election was 7,821 (including 1,464 absentee votes).
5. The measure voted upon, the number of votes received in favor of and
against said measure in each of said precincts and by absentee votes, together with
the whole number of votes which the measure received in the entire city, are
shown on said Exhibit "A", hereto attached.
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6. At said municipal election certain measures were not approved to wit;
M Community Facilities District NO.1 (Emergency Medical Services)
Shall the Gilroy City Council be authorized to annually levy a special tax
for eight years (to increase 2% per year) within its Community Facilities
District NO.1 to fund paramedic services and related expenses as described
in its Resolution No. 99-80, according to the tax formula set forth in that
resolution; and shall the appropriations limit for 2000-2001 for CFD NO.1
be set at $2,200. OOO?
7. That the City Clerk be, and she is hereby instructed to enter this resolution
in full in the minutes of this Council as a statement of the result of said special
municipal election.
PASSED AND ADOPTED this 1st day of May, 2000 by the following vote:
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO, SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
APPROVED: /s/ THOMAS W. SPRINGER, Mayor
ATTEST: /s/ RHONDA PELLIN, City Clerk
"EXHIBIT A"
CITY OF GILROY MEASURE M
R B
E A
G L
I L T
S 0 U
T T R
R S N
A 0
T C U
I A T
0 S
N T %
3951 811 414 51.1
3952 602 348 57.8
3953 718 437 60.8
3954 460 187 40.7
3955 691 368 53.2
3956 392 181 46.2
3957 578 253 43.8
3958 946 401 42.3
3959 474 304 64.2
3960 767 419 54.6
3963 431 176 40.8
3964 551 303 55.0
3965 714 421 59.0
3967 714 421 59.0
3969 886 386 43.6
3970 567 276 48.7
3974 686 370 54.0
3978 554 349 63.0
3979 558 318 57.0
3980 579 281 48.5
3981 820 507 61.9
3982 876 480 54.8
3983 375 221 58.9
M
E
A
S
U
R
E
M
Y
E N
S 0
196 163
209 115
214 159
99 66
179 140
86 63
103 103
192 151
167 109
209 165
76 56
162 111
196 187
239 142
167 167
153 89
194 136
214 116
177 117
134 111
304 153
249 180
125 82
Res. 2000-27
Maint.Dist.1
Res. 2000-28
A/S 99-52
-Pc . ~
/ J'i' , >
AB T 14750 1464 9.9 734 592
GR T 14750 7821 53.0 4044 2881
AB T = Absentee Totals GR T = Grand Totals
Adopted Resolution No. 2000-27 declaring its intention to levy annual
assessments for Maintenance District No.1, except for territory within Annexation
No.3, Fiscal Year 2000/2001 and setting a Public Hearing thereon as amended;
RESOLUTION NO. 2000-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, EXCEPT FOR TERRITORY WITHIN
ANNEXATION NO.3, FISCAL YEAR 2000/2001 AND SETTING A PUBLIC
HEARING THEREON.
PASSED AND ADOPTED this 1st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
Adopted Resolution No. 2000-28 approving A/S 99-52 (PUD), an application
for Architectural and Site approval of a Planned Unit Development (PUD) to allow
for the construction of a 16-foot-wide, 200-foot-Iong permanent bridge over Uvas
Creek, APN 810-20-012, Bonfante Gardens;
RESOLUTION NO. 2000-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 99-52 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW FOR THE CONSTRUCTION OF A 16-FOOT-WIDE, 200-FOOT-
LONG PERMANENT BRIDGE OVER UV AS CREEK, APN 810-20-012,
BONF ANTE GARDENS.
PASSED AND ADOPTED this 1st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: SUDOL
Acc.Imp.-Bridge Accepted Improvements, RGW Construction, Inc., Bridge Replacements &
Replacement/ Bridge Rail Modification, Project No. 99-CDD-505.
Bridge Rail Mod.
Date Change
Res. 2000-29
Safe Creeks
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilman Pinheiro voting no and Councilman Sudol
absent) to change the date of the July 3, 2000 Council meeting to July 10,2000
and cancel the August 21, 2000 Council meeting;
Motion was made by Councilmember G. Arellano, seconded by Councilman
P. Arellano and carried to adopt Resolution No. 2000-29 in support of placing a
proposed program for clean, safe creeks and natural flood protection on the
November 2000 ballot;
RESOLUTION NO. 2000-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN
SUPPORT OF PLACING A PROPOSED PROGRAM FOR CLEAN, SAFE
CREEKS AND NATURAL FLOOD PROTECTION ON THE NOVEMBER
2000 BALLOT.
PASSED AND ADOPTED this 1st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, and SPRINGER
NOES: COUNCILMEMBERS: PINHEIRO and VELASCO
ABSENT:COUNCILMEMBERS: SUDOL
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Library Com.
Report
CDBG
v 00-01
Bob Dillon, Library Commission Chairman, stated that Mr. Rohlfwill present
the first draft of the design for the new library soon. He noted that a new library
building committee has been appointed. He stated that circulation continues to
increase, and thanked Councilmember G. Arellano for her representation on the
Library JP A.
The Mayor stated it was the time and place scheduled for a Public Hearing on
the Community Development Block Grant Program funding cycle for 2000-2001
Program Year and the adoption of the Consolidated Plan 2000-2005.
The staff report was noted and further explained by City Administrator Baksa.
The Mayor opened the Public Hearing. There being no comment from the
public, the Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and the motion did not carry (Councilmembers G. Arellano, P. Arellano and
Morales voting no and Councilman Sudol absent) to approve the Community
Development Block Grant Program funding cycle for 2000-2001 Program Year
and adopt the Consolidated Plan 2000-2005, transferring $20,000 from
Neighborhood Revitalization to Downtown Improvements.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and the motion did not carry (Councilmembers Pinheiro, Velasco and
Springer voting no and Councilman Sudol absent) to approve the Community
Development Block Grant Program funding cycle for 2000-2001 Program Year
and adopt the Consolidated Plan 2000-2005.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Pinheiro and carried (Councilmembers P. Arellano and Morales voting no and
Councilman Sudol absent) to reconsider the original motion to approve the
Community Development Block Grant Program funding cycle for 2000-2001
Program Year and adopt the Consolidated Plan 2000-2005, transferring $20,000
from Neighborhood Revitalization to Downtown Improvements.
At 8: 18 p.m. the Mayor called a five minute recess, after which he recalled the
meeting to order.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and carried (Councilmembers P. Arellano and Morales voting no and Councilman
Sudol absent) to approve the Community Development Block Grant Program
funding cycle for 2000-2001 Program Year and adopt the Consolidated Plan 2000-
2005, transferring $20,000 from Neighborhood Revitalization to Downtown
Improvements.
Councilmember G. Arellano noted for the record that she voted in favor of this
item to move this forward, since the Council was in a deadlock. She stated the
Council is taking a dangerous pass when we neglect neighborhood revitalization
and not have people in the neighborhoods to ask what is needed.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an appeal of denial by the Planning Commission of a Variance request pursuant to
Zoning Ordinance Section 37.58, (Regional-Service Commercial Development) to
allow a new pylon sign at a height of 71 feet 3 inches, located at 7950 Arroyo
Circle, on property zoned C3 (Shopping Center Commercial). Hometown Buffet,
applicant, V 00-01.
The staff report was noted and further explained by Planner I Casper.
The Mayor opened the Public Hearing.
Jim Sullins requested approval of the sign variance for Hometown Buffet, to
allow for visibility for north and southbound traffic on Highway 101. He noted the
need for the height for the sign, and agreed to a 63' sign as suggested by
Councilmember G. Arellano placing it across the street.
Weeds
Res. 2000-30
Weeds
A/S 00-06
A& C Com.
Appt.
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Craig Filice, representing Southpoint, noted that he talked to staff about
relocating the sign across the street, but the parcel is owned by an association of
tenants, and the option is not feasible. He reviewed the findings to be made, and
requested approval of the variance.
The Mayor closed the Public Hearing.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilman P. Arellano voting no and Councilman Sudol
absent) to direct staff to prepare a resolution approving the variance application
with a condition that this sign is classified as a shopping center sign and any future
businesses approved on this site would be required to use this pylon sign, a
condition that the trees be landscaped and addressed aggressively in the future
years, and including the three conditions requested by staff.
Councilmember G. Arellano noted for the record that she understands all the
work the Planning Commission did, and that she takes exception for any company
to come in and just think that they will get a variance.
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilmember G.
Arellano and carried to adopt Resolution No. 2000-30 instructing the Fire Chief to
Abate the Nuisance Arising out of weeds growing upon lots or in front of
properties in the City.
RESOLUTION NO. 2000-30
RESOLUTION INSTRUCTING THE FIRE CHIEF TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN
FRONT OF PROPERTIES IN THE CITY.
PASSED AND ADOPTED this 1st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
Councilmembers G. Arellano and Pinheiro recused themselves from discussion
and vote on A/S 00-06.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried (Councilmembers G. Arellano, Pinheiro and Sudol absent) to continue
A/S df)~06 t3U4~ 1{ ttM6 af f!~ reqttlit ofthe applicant.
MollA" W~S made by Cp\.mcilman P. Arellano, seconded by Councilman
Morales ~nd carried (Councilmembers Pinheiro and Velasco voting no and
Councilman Sudol absent) to appoint Joe F. Gamboa to the Arts and Culture
Commission.
The followini infofllllltipn items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #15-2000 dated April 14, 2000.
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A& C Com.
3-14-2000
Customer Service:
Note of thanks from Debbie Gutierrez, Community Solutions, to John Garcia
for his assistance;
Letter ofthanks from Judy Mireles-Janisch, Special Olympics, to Chief Gregg
Giusiana for the tremendous efforts the Gilroy Police Officers made in making Tip-
A-Cop a wonderful success;
Memo of thanks from Chief Gregg Giusiana to Sgt. Don Kludt, Sgt. Greg
Flippo, Detective Stan Devlin, Officer Cherie Somavia, Steve Ynzunza, Maribel
Alba, Felix Figueroa, and Felipe Begines for volunteering their time to support the
Gavilan Special Olympics and Tip-A-Cop program;
E-mail of thanks from Sandra Sammut to Jay Baksa, Gregg Giusiana, Lanny
Brown, Lisa Jensema, Kathy Sakahara, Judy Mireles-Janisch, and Joe Kline for
their support of the Volunteer Program;
Article from the Gilroy Dispatch nominating Jay Baksa for Person of the
Century; and
Letter of thanks from Emily Mardirosian, Gilroy Senior Advisory Board, to
Yvette Gonzales for her classes on CPR, Breathing, and Disaster Preparedness.
Informational items:
Memo from Gregg Giusiana regarding Office of Criminal Justice Planning -
California Law Enforcement Technology Equipment Purchase (CLETEP)
Program;
Information from Bonfante Gardens Theme Park regarding construction
update;
Memo from Kristi Abrams regarding restriping roadways, including Sunrise
Drive and Rancho Hills Drive;
Notice of changes in proposed gas rates by Pacific Gas and Electric Company;
and
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated April 24,
2000.
The minutes of the Arts and Culture Commission meeting of March 14,2000
were noted.
Gang Task Force The Minutes of the Gilroy Gang Task Force meeting of March 7, 2000 were
3-7-2000 were noted.
Lib. Com.
3-8-2000
P & R Com.
3-21-2000
Sr.Adv.Bd.
3-20-2000
SCRWA
3-28-2000
Plan. Com.
4-6-2000
The minutes of the Library Commission meeting of March 8, 2000 were noted.
The minutes of the Parks & Recreation Commission meeting of March 21,
2000 were noted.
The minutes ofthe Senior Advisory Board meeting of March 20,2000 were
noted.
The minutes of the South County Regional Wastewater Authority meeting of
March 28, 2000 were noted.
The report of the Planning Commission meeting of April 6, 2000 was noted.
The City Administrator distributed the first quarter reports and the 2000-2005
Financial Plan.
Adjournment
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The City Attorney noted a Council meeting held on March 26, 1996 that
adjourned at 3:20 a.m. in which certificates were given to the "survivor's". She
presented the Mayor with a duplicate certificate and asked that the record not be
broken.
The Mayor noted that the old CET Motel on North Monterey Street has been
demolished. He reminded everyone to attend the Special Olympics meet on
Saturday.
Councilmember G. Arellano stated the Library JP A met last week, and
discussed the money for the library expansions. The JP A made sure that there was
design money for the next step. They also reviewed the filters on the library
computers and the viewing policies. She stated the Gilroy Library Committee is in
place, and will meet soon to discuss building plans. She noted the Smart
Development Strategies for Economic Growth conference to be held in Portland,
Oregon June 11-13,2000. She noted the Hispanic Chamber is having the
Ambassador's Ball this Friday.
Councilman Morales stated the Agricultural Easement Conservation Task
Force is complete and that he will make copies of the final report for all the
Councilmembers to help in the decision on the 660 acres proposed for inclusion in
the General Plan.
Councilman Velasco noted the Memorial Day Parade Committee needs
volunteers for May 29,2000.
The Mayor noted the following meetings/events:
MAY 2000
1 Aroma Touch Appeal of Decision - 5:30 p.m., Gilroy City Council Chambers
1 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8* Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15 VTA Presentation re: Bus Routes - 6:00 p.m., Gilroy City Council Chambers
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
31 Quarterly Workshop with GUSD Board -7:00 p.m., Gilroy Unified School
District Board Room, 7810 Arroyo Circle, Gilroy
JUNE 2000
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 Council Mini-Retreat - 8:00 a.m. to 1:00 p.m., Temporary Environmental
Education Center (TEEC) building at the Ranch Site, Christmas Hill Park,
7049 Miller Avenue, Gilroy, California
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JULY 2000
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
31 Tentative Study Session - Fee Schedule Update - 7:00 p.m., City Council
Chambers
At 9:34 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~?
City Clerk
751ji]
Special Meeting
May 1, 2000
Gilroy, California
The Mayor called the meeting to order and explained the proceedings for this
meeting.
Roll Call
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales (arrived at 5:47 p.m.), Al Pinheiro, Roland Velasco, and Thomas W.
Springer; Absent: Councilmembers: Anthony C. Sudol III - 5:40 p.m.
Aroma Touch Appeal of City Administrator's decision to revoke the business license for
Aroma Touch.
Assistant City Attorney Houston reviewed the Administrative Hearing
procedure.
Julia Irrgang, Morgan Hill, explained that since November, 1999 she has
received natural therapy from Aroma Touch and hopes that this business will be
allowed to continue.
Mr. Kirchick, attorney, noted the definition of a massage parlor under an adult
business. He noted that ifhe is reading the Code correctly, someone can apply for
an adult business, under which prostitution would be allowed (Section 2A). He
noted this is an illegal Code section regarding an adult business. He noted that
with only one violation, the business owner should be allowed to continue. He
stated that with two or more violations, then it would be appropriate to revoke the
business license. He requested the City Council grant the appeal.
Chief of Police Giusiana recapped the record as to how the case occurred and
laid out the time sequence. He explained that in November, 1999 a confidential
informant explained the purchase of massages on several occasions, with the added
offer of sex acts for an additional fee. He noted that an undercover police officer,
wearing a "wire", was sent to the business, and received a massage and sex.
Officers converged on the business, and arrests were made due to the incident.
Other patrons were interviewed and claimed that they received sex at this business.
He explained the credit card transactions that are similar to processes used for a
prostitution business. He stated that this is not an isolated incident. He noted the
City Administrator found in his decision that this business was acting as an adult
business. He noted that all four grounds were proven in the previous hearing. He
noted that hearsay evidence is allowed in a hearing such as this. He noted that the
business owner is clearly in supervision of his employees. He requested the appeal
be turned down.
Mr. Kirchick noted that the employee involved was terminated right after the
arrest. He noted that the web site which had "Michelle" explaining what sexual
favors that she would provide was in May, 1999, and the new owners took over in
September of 1999. He noted that he was unable to cross-examine the confidential
informant, although he does realize that the testimony is admissible at this hearing.
Chief Giusiana noted the affidavit in support of the search warrant, in that the
confidential informant came to the Police Department on their own and was not
solicited. He noted that the confidential informant has no criminal record and no
pending charges. In answer to a question, he stated that the second amount
charged on the credit card was always more than the first charge and was between
$60-$100. He explained that the owner asked for a business license, and if they
had specified that it was for a massage parlor, it would have been processed for an
adult business.
The City Administrator stated that when they came in, they should also have
asked for an adult business license, but they only came in for a business license.
They should have been reviewed to see if they needed an adult business license.
75 'J ;
In answer to a question, Mr. Kirchick explained that the doors were locked and
they did not want to let Police Officers in because they thought they were robbers
trying to get money, which is not uncommon in a Vietnamese community.
Chief Giusiana explained that the officers stated that they were the Police
Department and that they stated they were there to issue a search warrant.
Mr. Kirchick noted that on the business license form it does note that it is a
massage parlor. He noted that if the owner had received an adult business license,
he would have been within the City Code, which allows sexual acts.
Assistant City Attorney Houston stated the alleged affirmaties with the City
Code are not the issue. She noted there are ways to sever affirmaties with certain
sections of the Code.
Chief Giusiana noted the names that were used by the women, but none of
them were valid names of the therapists. In answer to a question, he st~ted that
prostitution is illegal in the City of Gilroy.
The Mayor questioned whether there are signs posted that the doors are to
remain open during business hours, and was told that the signs are posted. He
questioned whether there is an on-site manager, and was told that there was. He
questioned whether the manager enforces the rules.
Hang Dang stated that when there are not enough therapists, they close the
doors, so that it is safe for the customers. She noted that sometimes the customer
wants more services after the original request for service.
Assistant City Attorney Houston reviewed the process on the City Council
deliberation and the three options available to the Council noting that the City
Attorney's office will draft the resolution. She distributed a draft resolution
outlining the draft findings.
Res. 2000-24 Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried (Councilman P. Arellano voting no and Councilman Sudol absent) to
adopt Resolution No. 2000-24 denying the appeal and upholding the City
Administrator's findings.
RESOLUTION NO. 2000-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
UPHOLDING THE DECISION OF THE CITY ADMINISTRATOR TO
REVOKE BUSINESS LICENSE 0000106756 FOR AROMA TOUCH (JIMMY
NGUYEN, OWNER) 193 WELBURN AVENUE, GILROY, CA.
PASSED AND ADOPTED this 1 st day of May, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: P. ARELLANO
ABSENT: COUNCILMEMBERS: SUDOL
The Mayor noted for the record that solicitation was provided to a Police
Officer after the arrest was made.
Adjournment
At 6:47 p.m. the Mayor adjourned the meeting.
RHONDA PELLIN
City Clerk