Minutes 1997/03/24
The Mayor and Council noted a presentation by William Capps, Santa
Clara Valley Transportation Authority concerning the VT A propo sed Route 19
Bus Line an" Route in Gilroy.
Motion was made by Councilman Springer, seconded by Councilwoman
Rogers, and the motion carried unanimously that the bid for the Railroad Crossing
Conform Project #97-CDD-460 be awarded to James R. Clark Company in the
amount of$107,998.50.
City Administrator Baksa presented recommendations toaward the bid
of James R. Clark Company in the amount of$107,998.50 for the Railroad
Conform Project #97-CDD-460.
Community Development Director Allen and City Engineer Smelser gave
their Departmental Report and answered questions from Council. The Community
Development Director also thanked Mayor Gage for all of his work over the years.
Budget Amendments/Transfers as recommended.
Motion was made by Councilman Valdez, seconded by Councilman
Morales and the motion carried unanimously that the following item under the
Consent Calendar be approved by the following Roll Call Vote; Ayes: Council-
lmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C.
Rowlison, Thomas W. Springer, Pete Valdez and Donald F. Gage:
The Mayor presented Leslie Bentson, Melissa Becht, Jennifer Hernandez
and Jeannine Perino with the Volunteers ofthe Month Award for March, 1997.
The Mayor presented Norm Chapin, Police Department Corporal, with the
Employee of the Month Award for February, 1997, who introduced the newest
member of the mounted unit Sergeant Joe Ramirez.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Suellen
C. Rowlison, Thomas W. Springer, Pete Valdez, Jr, and Charles S. Morales; ,', ,,(Pr_
6:58 p.m.
The Interim City Clerk noted that the Agenda had been posted on March
20, 1997 at 10:48 a.m.
The Mayor announced that Council had just adjourned from a Closed
Session re: Liability Claims, pursuant to Gov't. Code Section 54956.95, that all
Councilmembers were present at the closed session, and that the Council had
voted to deny the claim. City Attorney Callon stated that the vote was unanimous.
Pastor Mike Woodman, Foothills Foursquare Church, gave the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
March 24, 1997
Gilroy, California
6943
.,-~.
VTA
Rte.19
& Route
RR Xing
Conf. Proj.
Budget
Consent
Calendar
Vol. Award
Emp.Award
Roll Call
Postmg
Agenda
Invocation
6946
Heard from the following persons regarding this issue:
City Attorney Callon regarding a citizen's question of a possible conflict of
interest of a Councilmember who sits on the VT A Board voting on this issue. She
determined that there is no conflict.
Mike Aro, VTA, who introduced Bill Capps and Martin Denero, stating
that they hope for a decision by the Council tonight. They explained the changes
to the bus routes previous proposed. Noted plans to implement changes on July
14 and extend Dial-A-Ride through the end of July.
City Engineer Smelser commented that staffwill continue to look at the
turning movements and other problem areas on the bus route.
Councilman Morales asked whether smaller busses could be used, and Mr.
Capps stated that the smaller Dial- A-Ride busses will be used, and that the issue
goes to the Board for approval on May 1, 1997.
City Administrator Baksa explained that the Council is mainly looking at
the northwest quad and needs to give direction on what the Council wants to see
there.
Marty Denero regarding Dial- A- Ride and discussed the PR for customers
that are physically-challenged. Noted that they are working with HOPE to develop
a transition plan and training plan, and are also working on a transition plan with
Gavilan for Dial-A-Ride. Regarding para-transit, Mr. Denero explained how VTA
assists in picking up the costs. He requested citizens call him at (408) 321-7040 to
discuss the issues. After discussion, he stated that citizens with concerns with new
bus stops should call Ron Wong at 321-7054.
Bill Capps who stated that Phase One is repairing/replacing current stops,
and Phase Two will be to install new bus stop shelters within the next year.
At 8:37 p.m. the Mayor called for a five minute recess, after which he
reconvened the meeting.
Mary Carson, 9150 Jacaranda, stated that she has lived here for 18 years,
and that there are good reasons to expand bus service, noting that she disagrees
with those citizens that feel there is a safety issue.
Craig Gartman, 1284 Pheasant Drive, noting that if a citizen has signed the
petition and they want to remove their name, they should call him. He questioned
the definition of a successful stop - what are the numbers. He noted that this is a
representative government, and asked the Council to reconsider the proposal for
frequency of bus service in this neighborhood, noting a schedule that he worked
out for the busses, which eliminates weekend service.
Jay Tognetti, Becky Crossman, and Katie Towe, Gilroy High School
students, stating that the bus will not be used, there is no need for a bus, and it
would make it too dangerous. They stated that they have not heard of any need at
school for bu'$ses in this area, noting that bus stops are prone to graffiti.
Jim Harrington, 9268 Calle Del Rey, noting that residents do not want the
service, and hopes that with the number of residents in opposition that it is not
approved. He questioned when the position will be known.
Mike Aro, stating the issue is going to the Board of Directors May 1 at
6:00 p.m. He noted that the VTA is a public service agency, trying to design for
the growth in this region, and not a for-profit agency.
Denise Varapuso, 9020 Ridgeway Drive in favor of bus service, but not the
VT A proposal.
Barbara Stockdale noting the need to keep para-transit.
6 () 4. ~J
"-, c
Kay Reed, Community Options, asking if another agency could contract for
para-transit, and that no matter what decision is made, someone will be unhappy.
Flora Branzich, 11845 Foothill Blvd., noting that any change will be at the
expense of many people who need this service.
Cat Tucker, 9440 Eagle View Way, reminding Council of the safety needs
ofthe children. She requested the VTA eliminate the bus and provide dial-a-ride
for those that want the service.
Marie Martin, 1440 Partridge Drive, stating that the majority rules,
encouraging Council to show the children how the process is supposed to work.
George Eckert noting that dial-a-ride gives people independence and the
bus is full.
The following Councilpersons made the following comments:
Councilwoman Rowlison stated she would like to see a way to keep dial-a-
ride.
Mayor Gage stated there is a segment of our community that is trying to be
productive. He noted that if there is a group we need to subsidize, then this should
be taken into consideration.
Councilman Gilroy stated that he is not going to support this proposal,
because of concerns with the elimination of dial-a-ride.
Councilman Springer stated that he would like to see a sign that we need
improved service vs. dial-a-ride. He stated that dial-a-ride is more important than
improved bus service in Gilroy.
Councilman Morales stated that he supports the concept of transportation,
but emphasized that we need the dial-a-ride service.
Councilwoman Rogers stated that senior citizens requested additional and
more frequent bus service. She noted that this would have made it more
convenient, but unfortunately funds are not available for both options. She stated
that she would like to see that all citizens using dial-a-ride be able to fmd an
alternative transportation mode. She noted that she does support the plans that
were submitted in concept.
Councilman Valdez thanked the VTA staff for listening to the citizens at
this meeting. He stated that he would like to look at accepting this proposal and
have the citizens rally to improve the transportation system for Gilroy.
Heard from Mike Aro regarding other opportunities to make changes to
the proposal. He noted that for options to consider dial-a-ride, it will take longer,
but that they could come back in January.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison, and the motion and second were withdrawn to forward a letter to the
VT A stating the value of dial-a-ride to the greater Gilroy community and urging
dial""a-ride be continued in any program put forth for improved transit service in
the greater Gilroy community
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison and the motion carried unanimously to approve forwarding a letter to the
VT A to leave the service as it exists today including dial-a-ride, because it is an
important part of any plan, to review it again in January, and in the interim add
options and send information to the VT A, and review the proposal again in
January to see if the northwest quad or other areas in Gilroy need upgrading.
...
6948
Medical
Marijuana
Mayor
Replacement
The Mayor noted a request for discussion regarding-{! business for sales
of medically prescribed marijuana to be located in the City of Gilroy.
Heard from Donald Ramsay, opposed to Prop. 215, and outraged in the
way some of the businesses are opening up. He noted that as a health care
provider, he knows what people are requesting. He stated that he wants to open a
business as a medical clinic only.
Heard from City Administrator Baksa who noted the staff report, and
commented that the City of San Jose is reviewing the entire process and noted that
we will be watching San Jose's lead.
Heard from City Attorney Callon who noted an urgency ordinance that is
going before the San Jose City Council tomorrow night to regulate zoning and
issues relating to Prop. 215. She noted that the City of Gilroy needs to limit and
set conditions, not just have the process be that it is in the correct zone. She
requested two weeks to review and give an opinion on the process for a business
license approval.
Heard from Jessie Garcia who stated that is a useful and viable treatment.
The Mayor and Council directed staff to research the process.
Heard from Councilman Springer questioning the need for a moratorium
and specifying a quantity that can be sold.
Heard from City Attorney Callon stating that Council may want to direct
staff to not process applications until further clarification by the City Attorney.
Heard from Mr. Ramsay stating it would be a violation of his civil rights if
Council set a moratorium.
Councilwoman Rowlison requested a copy of Prop. 215.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Gilroy, and the motion carried unanimously to direct staff to research the process.
The Mayor noted discussion of options available for replacement of the
Mayor.
Heard from City Attorney Callon.
Discussed having a rotating Mayor Protem until the November election.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales, and carried unanimously to have a rotating Mayor Protem, starting with
Counc~ll M9ra~es, if a Mayor cannot be selected in 30 days.
Tlw Mayor asked if there was anyone in the audience wishing to speak on
any matt~rp.ot on the agenda.
Heard from Pamela Jones, who discussed her concern with flying golfballs.
The following informational items were noted with no separate discussion
on same:
Customer Service:
Letter of Appreciation from Staff for Assistance from the Information
Technology Division;
League of California Cities Legislative Bulletin Dated February 28, 1997
#8-1997;
-,:',~~?t-r::
Lib. Com.
2-12-97
P&R Corn.
2-18-97
A&C Corn.
2-11-97
Sr.Adv.Bd.
2-10-97
69 4 ~.t
Notice of Pacific Bell's Application to Reduce Toll Rates;
Proclamations Issued by Mayor Gage:
Observance of "Arbor Day", March 8, 1997;
Observance of "Volunteer Week", April 13 through April 19, 1997;
Letter from Assemblymember Jack Scott, 44th District, Requesting City
Council's Support for Legislation (AB 247) Which Would Amend Current Law to
Explicitly Grant Cities Authority to Ban the Sale of Specific Types of Firearms
Through Local Ordinance;
Letter from Mary Carson Supporting the Proposed Expansion of County
Bus Service;
League of California Cities Legislative Bulletin Dated March 14, 1997 # 10-
1997; and
League of California Cities Publication "In The Red ALERT" Dated March
17, 1997, Number Five.
The report of the Library Commission meeting of February 12, 1997 was
noted.
Motion was made by Councilwoman Rogers, seconded by Councilman
Morales, and the motion carried unanimously to appoint Sunny Khandwala to the
Citizens' Advisory Committee.
The minutes of the Library Commission meeting of February 12, 1997
were noted.
The minutes of the Parks & Recreation Commission meeting of February
18, 1997 were noted.
The minutes of the Arts and Culture Commission Meeting of February 11,
1997 were noted.
The minutes ofthe Gilroy Senior Advisory Board Meeting of February 10,
1997 were noted.
City Administrator Baksa reminded Council of the outreach meeting on
Thursday for the golf course project EIR from 7:30-9:30 p.m.
City Administrator Baksa noted that he had sent notices to all Commissions
regarding the General Plan review. He stated he will agendize for the next meeting
for two Councilmembers to be appointed as ex-officio committee members.
City Administrator Baksa noted that a School liaison meeting is still to be
scheduled.
City Administrator Baksa noted that over the next few months he will be
working on the budget and both cable TV and garbage franchises.
City Administrator Baksa noted that the General Plan Selection Committee
will include nine people and that he will agendize this list for approval in two
weeks.
City Administrator Baksa distributed a report on Cable TV franchises and
will agendize this issue in April.
City Administrator Baksa stated to Mayor Gage that on behalf of staff,
,everyone i~ t?oing to miss him, and they appreciate his efforts over the years.
6950
Adjrnmt.
City Attorney Callon noted on the February 28 League Legislative Bulletin
re: CUP A, that we should contact our state legislators. It was stated that this has
already been done.
City Attorney Callon thanked Mayor Gage for his tireless dedication to the
City of Gilroy.
Councilwoman Rowlison noted the economic and demographic profiles for
Gilroy. She noted that she attended a volunteer seminar with staff last Friday. She
noted three reports on the Regional Cultural Plan for the New Millennium,
currently in a six month review process.
Councilman Morales noted he met with citizens from the Rogers Lane area
after the current drive-by shooting. He noted that he attended a citizenship group
meeting. He commented to Mayor Gage that he has been proud of him in his term
as Mayor.
Councilman Valdez noted that last Thursday he attended a Public Forum
by the Chronicle and KRON TV and others regarding mass transit. He
congratulated Mayor Gage on his successful bid for the Board of Supervisors.
Councilwoman Rogers reminded citizens ofthe Library meeting this
Wednesday night at 7:30 regarding the Library expansion to hear what citizens
would like to see in the new expanded areas. Noted a meeting on Thursday
evening at 7:00 p.rn. with the train station supporters at the Chamber of
Commerce. She noted that last Friday she took CalTrain to Millbrae to a meeting
regarding skateboard parks, libraries, and welfare reform. She also congratulated
Mayor Gage and wished him well.
Councilman Gilroy stated that he judged a third grade Science fair for a
GATE class at Rucker, and was principal for a day at San Ysidro School. He
noted that he has enjoyed working with Mayor Gage.
Councilman Springer stated that Kids Discover Arts was fantastic on
Saturday, and stated he would like to see it twice a year. He wished Good Luck to
Mayor Gage.
Mayor Gage stated that he will continue with projects he has started. He
thanked all the citizens for letting him serve all these years, and stated that he can
now better service the citizens due to regional issues. He stated that he looks
forward to the challenge. Mayor Gage then tendered his resignation. He
announced that on April 30 or the next Wednesday in May at 6:00 p.m. will be his
swearing in party.
At 11 :53 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~,
d Ilin . C. Cl k J
Rhon a Pe ,Intenm Ity er