Minutes 1997/06/16
6994
Appeal
Hearing -
Club
Nemesys
Roll Call
Res. 97-32
Special Meeting
June 16, 1997
Gilroy, California
Mayor Protempore Springer reviewed the order of proceedings and the timing
for this appeal hearing to not renew Bar Permit No. 101222 for Club Nemesys, at
7243 Monterey Street, Gilroy, California.
Acting City Attorney Faber reviewed the City policy governing this hearing
and the process to be followed. He also noted the two arguments in the Notice of
Appeal.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Thomas W. Springer; 6:04 p.m.
Mayor Protempore Springer asked if there was anyone in the audience wishing
to speak on this appeal hearing. There was no comment from anyone in the
audience.
Richard Terry, attorney for the appellant, Andres Becera, reviewed arguments
on the appellant's behalf, noting the police department reports relating to this issue
should not be used against Club Nemesys or Andres Becera. He stated that the
decision to close this establishment down was made many months ago.
Captain Gregg Giusiana reviewed a few of the incidents that the Police
Department based their recommendation on to not renew the bar permit.
Jay Baksa, City Administrator, noted the hearing on March 26, 1997 on the
issue of renewal or nonrenewal of the Club Nemesys Bar Permit. He stated that
his decision to not renew the bar permit came from the evidence produced at the
hearing on March 26, 1997.
Mr. Terry rebutted the arguments made by Captain Giusiana and City
Administrator Baksa. He stated that Mr. Becera has no criminal record. He
commented that no evidence has been produced or information given that the
Police Department contacted Mr. Becera to work with him and educate hiin on
what he should do.
Councilwoman Rowlison questioned what six month notice was given to Mr.
Becera, and was told this related to Workers' Compensation and work records.
She was also told that the ABC will have a hearing in late June regarding the ABC
problems. She questioned whether letters had been sent to Mr. Becera regarding
problems, and Captain Giusiana stated that he was not aware of any correspond-
ence having been sent to Mr. Becera.
Councilwoman Rogers questioned whether Mr. Becera has gone through ABC
training regarding the dispensing of alcohol, and Mr. Terry stated that he was not
aware of what training Mr. Becera has received.
Councilwoman Rowlison questioned how the reporting procedures were
changed during the months that Club Nemesys was reviewed, and Captain
Giusiana explained that there were no changes, that they had just looked at red
flags and the total picture.
Motion was made by Councilman Gilroy, seconded by Councilwoman Rogers
and carried unanimously that the reading of Resolution No. 97-32 be waived and
that it be adopted to uphold the decision of the City Administrator to not renew
Bar Permit No. 101222 for Club Nemesys.
Councilwoman Rowlison stated that she supports the findings.
Councilman Morales stated that he supports the motion.
Adjrnmt.
6995
Councilman Valdez stated that training needs to be provided. He stated that
we need to call again on the Chamber of Commerce for some management
training. He stated that the City should set a threshold for infractions, then hold a
meeting to review problems with the owner/manager if problems arise.
Mayor Protempore Springer stated that the process was not put in place to
penalize Club Nemesys, and noted this issue was discussed at last year's retreat.
RESOLUTION NO. 97-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
UPHOLDING THE DECISION OF THE CITY ADMINISTRATOR NOT TO
RENEW BAR PERMIT FOR CLUB NEMESYS (ANDRES BECERA,
OWNER), BAR PERMIT NO. 101222.
PASSED and ADOPTED this 16th day of June, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, VALDEZ, and SPRINGER.
NAYES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Arthur Cantu questioned when this action would be effective, and was told it
takes effect immediately.
At 7: 15 p.m. Mayor Protempore Springer adjourned the meeting.
Respectfully submitted,
~~A~[/~'
Rhonda Pellin, Interim City Clerk
Invocation
Posting
Agenda
Roll Call
Glen View
School
Emp. Award
Susanne E.
Steinmetz
Day
Kerry
Dexter
Consent
Calendar
Minutes
Minutes
Minutes
Budget
Res. 97-33
7.. nr':;
_ ") I
Regular Meeting
June 16, 1997
Gilroy, California
Mayor Protempore Springer led the Pledge of Allegiance to the Flag.
Pastor Jim Johnson, South Valley Community Church, gave the Invocation.
The Interim City Clerk noted that the Agenda had been posted on June 12,
1997 at 12: 15 p.rn.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Thomas W. Springer; 7:24 p.m.
Mayor Protempore Springer and Councilwoman Rowlison presented a
Proclamation for Glen View School, which was designated a California School
Distinguished School, to Esther Corral-Carlson. She stated that Glen View School
has been serving the Gilroy community for over 44 years.
Mayor Protempore Springer presented Brenda Bergman, Police Officer, with
the Employee ofthe Month Award for May, 1997.
Mayor Protempore Springer noted a Proclamation for Susanne E. Steinmetz
Day, for June 28, 1997. He reminded everyone of the retirement party in her
honor scheduled for June 28, 1997.
Noted a presentation by Dave Peoples and Kerry Dexter, Gilroy Visitor's
Bureau. They reviewed the programs and projects of the Gilroy Visitor's Bureau.
Motion was made by Councilman Valdez, seconded by Councilman Morales
and carried that the following items under the Consent Calendar be approved by
the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles
S. Morales, Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Thomas W.
Springer:
Minutes of the Regular Council Meeting of May 5, 1997;
Minutes of the Regular Council Meeting of May 19, 1997;
Minutes of the Regular Council Meeting of June 2, 1997;
Budget Amendments/Transfers as recommended; and
Adopted Resolution No. 97-33 Authorizing the Execution of an Agreement for
the Selection of Governing Board Members for the Santa Clara Valley
Transportation Authority MGM (Group 4) Cities;
RESOLUTION NO. 97-33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
SELECTION OF GOVERNING BOARD MEMBERS FOR THE SANTA
CLARA V ALLEY TRANSPORTATION AUTHORITY MGM (GROUP 4)
CITIES.
PASSED AND ADOPTED this 16th day of June, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON,
MORALES, VALDEZ, and SPRINGER
NOES: COUNCILMEMBERS: NONE
MiENT: COUNCILMEMBERS: NONE
70n2.
Arts & Culture Donna Pray reviewed "Works Completed" or "Still in Progress" for the Arts
Commission and Culture Commission since December, 1996.
Bid-Water City Administrator Baksa presented recommendations to award the bid of
Quality Tests Sequoia Analytical in the amount of $14,107. 60/year for the Water Quality Tests
(97-CSD468).
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to award the bid to Sequoia Analytical for $14,107. 60/year.
Pub. Hear.
TM 97-03
Mayor Protempore Springer stated that it was the time and place scheduled to
consider a Tentative Map request to subdivide parcels approximating 22.87 acres
into a 103 lot Single Family Residential subdivision, together with one remainder
parcel, on property zoned RI-PUD (Single Family Residential-Planned Unit
Development), located south of Longmeadow Drive, east of Rancho Hills Drive,
along Calle del Rey and Briarberry Lane, and west of Loganberry Drive off
Senegal Court, Goshawk Court and Finch Lane, the Glen Lorna Group, Applicant,
TM 97-03.
The Staff Report was noted and further explained by Planner II Durkin,
indicating that Staff is recommending approval of the request with a change to
condition #8, and adding proposed conditions #12 and #14.
Armenta Jensen discussed the drainage issue that is of concern. She also
reviewed the proposed grading plan and dust control measures including
hydro seeding. She noted the allowable construction hours. She reviewed the
condition for a survey of the rear yards prior to occupancy. In answer to a
question, she stated that the grading construction will be complete before school
starts, then utilities will begin. It was questioned whether heavy equipment will be
in use during school hours.
Councilwoman Rogers questioned adding another condition to include in the
sales agreement that Gilroy does not have neighborhood schools and children may
not be able to attend the school near their home.
Mayor Protempore Springer stated that the homeowners have expressed
concerns and requested that the construction workers cooperate with homeowners
to lessen disruption to the neighborhood.
M'lyor Protempore Springer asked if there was anyone in the audience wishing
to speak for or against the proposal.
St'lCY Fortuna, Swallow Lane, stated her concerns with construction traffic in
the arel;l. She stated that there are a large n\lmber of small children in the
" .
neighbor\J,ood who will be home aU summer. She stated that construction traffic
should not be allowed after 8:00 p.m.
Community Development Director Allen stated that Swallow Lane could be
posted for no construction traffiC, and/or put a barrier in if it is not there, and have
the trucks go on Loganberry.
Craig Gartman, 1284 Pheasant, stated his concerns with traffic and requested a
new traffic study be done and a traffic control be placed on Calle del Rey, such as
spe~d bumRa and traffic dividers. He noted concerns regarding the hours and days
that construction will be allowed, since the area is surrounded by homes and that
the noise will be a problem. He also stated that the four year build-out schedule
should be accelerated. f\~ q\.lestioned what is being done regarding construction at
Longmeadow and Santa Teresa, specifically the traffic light.
Mr. Allen stated that they are reviewing construction times, and that staff and
the DRG (Development Review Group) are looking at limiting construction hours.
He stated that it is within the powers of the Council to limit the hours of
construction, which has been 6:00 am to 7:00 pm in other C}reas. He stated that
70
-' l!
the traffic signal had some incorrect grades and also some engineering issues which
has delayed the project. He noted that it will be about four weeks to completion.
Lisa Ornquist, Ridgeway Drive, questioned the remainder parcel.
Armenta Jensen reviewed the remainder parcel and noted that contingencies
have already been discussed.
David Anderson, 1675 Brentwood Lane, stated his concerns with the grading
of the project and the dust issues. He questioned whether there is a program in I
place to punish the builders that let the dust fly. He stated that he is also
concerned with the construction hours. He noted that the hydro seeding without
follow-up watering will not work for dust control. He explained that because of
the small backyard where he lives, the houses that will back to him will be
extremely close.
Mayor Protempore Springer questioned whether there could be a condition
placed to have a street constructed behind the existing houses or a condition to
plant trees between the houses and lot 104.
In answer to a question, Armenta Jensen said that the hydro seeding would be
watered until the seed germinated.
Councilwoman Rowlison encouraged the citizens to call City Hall with
problems, because City staff cannot be everywhere at all times.
Mayor Protempore Springer asked if there was anyone else wishing to speak
on this request. There was no further comment from anyone in the audience.
Mayor Protempore Springer closed the Public Hearing.
Mayor Protempore Springer stated that we need to add a condition # 15 to
limit the hours of construction from 7: 00 a. m. to 6: 00 p. m., add condition # 16 that
no construction traffic be allowed on Swallow Lane and a sign be placed at
Swallow Lane and Loganberry stating that no construction traffic is allowed.
Councilwoman Rogers stated that condition # 17 be added that the sales
agreement state that children mayor may not be able to attend neighborhood
schools. As an amendment, it was suggested that the language refer them to the
Gilroy Unified School District for the current policy.
Councilwoman Rowlison stated her concern regarding phasing.
Motion was made by Councilman Gilroy seconded by Councilman Morales and
carried unanimously to direct staff to prepare a resolution as recommended by staff
with a change to condition # 8 and adding conditions #12, #13, #14, #15, #16, and
#17.
Motion was made by Councilwoman Rowlison seconded by Councilman
Valdez and carried unanimously to direct staff to work to minimize the phasing
and evaluate accelerating the construction phasing.
Mayor Protempore Springer called for a recess at 9: 12 p.m. and reconvened
the meeting at 9: 19 p.m.
Charter Noted consideration offive amendments to the Gilroy City Charter for the
Amendments November 4, 1997 Municipal Election.
The Staff Report was noted and further explained by City Administrator
Baksa.
Mayor Protempore Springer stated that on Charter Section 911, to be
consistent, the wording should be Council and City Administrator throughout.
7 f) ", 11
.....1". [) H
Internet
Legislation
City Administrator Baksa stated that he will direct the amendment to the next
Parks and Recreation Commission for their review. He noted that he will do
further research on Charter Section 1104 for future amendment.
Council discussed the proposed amendments, and agreed on Charter Section
1109 to leave it at $35,000 and take out the index.
Motion was made by Councilman Gilroy seconded by Councilman Valdez and
carried unanimously to direct staff to prepare a resolution to place the Charter
amendments on the November 4, 1997 ballot.
Mayor Protempore Springer asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Sandi Zappa, Gilroy, questioned the correspondence to legislators regarding
internet access to minors.
Councilman Gilroy stated that the letter needs to be sent to the Mayors of the
eight member cities.
Cynthia Walker stated that it may be time for the City of Gilroy to withdraw
from the Santa Clara County Library JP A, and stated that she would like the issue
to be agendized in July for discussion of withdrawal from the JP A.
The following information items were noted with no separate discussion on
same:
Letter in support of AB 107 regarding ERAF Shift.
Customer Service:
Letters of Appreciation from Bill Lindsteadt to Scot Lang and Sandra Sammut
for their Dedication and Hard Work on the Spring Clean Up Day, May 31st;
Letter of Commendation from Sorin Comanescu, Architect, for the Valuable
Time and Expertise of Mark Fachin in Assisting with a Project;
Letter from Cub Scout Pack 770 in Appreciation for the Community Services
Staff;
Letter from the Police Department Support Staff in Appreciation for the
Finance Division Assistance with the Time Sheet Process;
Memo from the Police Department Commending the Finance Division for their
Assistance with the Permitting Process;
Letter from the Almaden Cycle Touring Club and Response from the
Community Services Department Regarding Donation Towards the Recreation
Scholarship Fund;
Letter of Congratulations for Michael W. Lafaille for Achieving the Rank of
Eagle Scout;
1996 Holiday Season Report on the Gilroy Chamber of Commerce Street Pole
Decoration/Banners;
Article from Consumer Reports, May, 1997, Is Your Kid Caught up in the
Web? How to Find the Best Parts - and Avoid the Others;
Letter to Patricia Williams, Chairperson, and Members of the Santa Clara
County Library Joint Powers Authority Regarding the Gilroy City Council Position
Plan. Com.
5-1-97
Plan. Com.
6-5-97
(,' (\ " r~
. '... 1 \ ~j ")
Regarding Access of Pornography on the Internet by Minors;
Letter to Governor Pete Wilson and Other Legislators Regarding the Gilroy
City Council Position Regarding Access of Pornography on the Internet by
Minors;
Community Development Department, Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity;
Letter to Jesus Orosco, Executive Director, Resources for Families and
Communities in Santa Clara County Regarding Letter of Agreement Between the
City of Gilroy and Resources for Families and Communities to Participate in a
"Wellness Village";
South County Regional Wastewater Authority Ongoing Engineering Activities;
League of California Cities Legislative Bulletin #20-1997 dated May 30, 1997;
League of California Cities Legislative Bulletin #21-1997 dated June 6, 1997;
Drought Alert Calculations, Summary of Monthly Water Production, May,
1997;
Gilroy Visitor's Bureau Minutes of May 8, 1997, Financial Statements-April,
1997, Contributions, and Revenue & Expenditures Budget Worksheet; and
Notes from the Youth Violence Summit for June 9, 1997.
The minutes of the Planning Commission meeting of May 1, 1997 were noted.
The report of the Planning Commission meeting of June 5, 1997 was noted.
City Administrator Baksa questioned whether Councilmembers would be
available on July 19, 1997 for a retreat with the Gilroy Unified School District
Boardmembers, and noted that the Interim City Clerk would call them to confirm
the date. He reviewed the Joint Usage Agreements with the Gilroy Unified School
District.
Mayor Protempore Springer questioned that since the City of Gilroy is the
owner of record for the South Valley Junior High School property, is the City
liable if anything happens on this property?
Council agreed that a closed session is needed for discussion prior to the
retreat.
City Administrator Baksa stated all agreements have been signed for the
Thomas Road Sports Complex and letters have been sent to Gilroy Little League,
Orchard Valley Soccer, Gilroy Foods, and other businesses who plan to donate
money. He announced the City has received two grants, one for COPS MORE,
for support services, and also another two year grant of $40,000 from the David
and Lucile Packard Foundation for disaster education through the Volunteer
Program.
Mayor Protempore Springer stated that he and Councilwoman Rogers
travelled to Sacramento for City Legislative Day and met with legislators regarding
ERAF and train funding.
Councilwoman Rogers noted the County JP A heard a request for computer
internet filters and will agendize the issue for discussion at their next meeting.
Mayor Protempore Springer requested that Councilwoman Rogers formally
request that it be on the next JP A agenda. She noted there was a nice pancake
1 0 (j (:
breakfast on June 14 at the Train Station, and that they had received $1,177 in
donations. She announced that on June 30, Caltrain will celebrate its fifth
anniversary. She noted Staff had made a nice display of pictures for the
celebration.
Councilwoman Rowlison noted a calendar of activities for the Gilroy Family
Resource Center on IOOF Avenue.
Councilman Morales stated that the South County Latino Network is hosting a
Workshop on July 1, 1997 at 8:30 a.m. to noon here in the Council Chambers
regarding Welfare Reform.
Councilman Valdez also noted the fifth anniversary of Caltrain. He stated that
they expect to feed lunch to 200 to 250 citizens for the celebration. He reported
the City of Gilroy action to the Board of Directors for the Cities Association
regarding the Internet issue and stated that they took no position.
Cynthia Walker asked Councilwoman Rogers with whom and where she met
today regarding the internet issue, and Councilwoman Rogers responded.
Mayor Protempore Springer noted the following meetings:
Joint Study Session of the Gilroy City Council, Parks and Recreation
Commission, and Golf Course Advisory Committee on Tuesday, June 17, 1997,
7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California
95020 regarding Discussion of the Golf Course Construction and Operations
Options.
Retirement Party for Susanne Steinmetz, Saturday, June 28, 1997, 6:00 p.m.,
Gilroy Veteran's Building, 74 W. Sixth Street, Gilroy, California.
Joint Study Session of the Gilroy City Council and Planning Commission on
Monday, July 14, 1997 at 7:00 p.m. in the Council Chambers, City Hall, 7351
Rosanna Street, Gilroy, California 95020 regarding the City's Affordable Housing
Policy and Discussion of the "Infill" Exemption for the Residential Development
Ordinance.
Public Emp. At 11 :23 p.m. Mayor Protempore Springer ADJOURNED the meeting to a
Appointment Closed Session regarding Public Employee Appointment.
Adjrnmt.
At 11 :35 p.m. Mayor Protempore Springer RECONVENED the meeting and
noted that no action was taken during the Closed Session, and at 11:36 p.m.
Mayor Protempore Springer further ADJOURNED the meeting.
Respectfully submitted,
~~
Rhonda Pellin, Interim City Clerk