A reader wonders why the mayor and council make life so
burdensome for Gilroyans
Mayor’s ‘Myopic’ View on Sidewalks Places a Burden on Gilroyans
Dear Editor,
The Aug. 8 “Our View” editorial raises questions.
It states: “Gilroy Mayor Al Pinheiro ‘lobbied the City Council to hold property owners accountable for unkempt sidewalks resulting in accidents, according to LeeAnn McPhillips, the city’s human resources director’ and further on “… our city attorney reports, ‘This bill has teeth in it to transfer liability from the city to residents” said Linda Callon. ‘It creates a big incentive for people to really maintain their sidewalks.'”
I wonder what color is the sky where those arrogant myopics reside.
The mayor supposedly looks out for the best interests of all the city residents yet lobbies City Council in a pathetic attempt to avoid the city’s responsibilities to property owners and make them liable for city-created problems. That certainly shows how “in touch” with Gilroy he is.
Attorney Linda Callon must be close to mind dead if she thinks citing a law will free the city of legal responsibility for injuries occurred by someone due to a disintegrated sidewalk. What it may do: Double the lawsuits against the city in such instances – one from the injured party and one from the homeowner defrauded by this blatant attempt to pass the buck.
Consider this scenario, Ms. Callon. As a homeowner fronted by a sidewalk raised and broken by the large tree in my front yard (sidewalk and tree courtesy of the city), I’m now told lawsuits based on a sidewalk “accident” are my legal responsibility. To assure that doesn’t happen and fulfill the “big incentive for people to really maintain their sidewalks,” I block off the sidewalk, bring in a dumpster and break up the sidewalk. The tree roots are too big to cut, so, over several days, the tree is systematically removed. Forms are set, concrete poured, cured, dried. All waste into the dumpster. No problem foreseen!
Except: How many seconds after you hear about the blocked off sidewalk would you have police on-site informing me I can’t do that – the sidewalk is city property! Cut down a city-planted tree? No way! Besides, I’d be told I didn’t have city permission, I hadn’t paid required fees … etcetera, etcetera, etcetera!
You and the mayor can’t have it both ways. If you pass legal responsibility onto the homeowner, you forfeit the right to dictate how that property owner resolves the problems. Period!
Ohhh, editorial writer: You mentioned six times: “Council” fiat passed this – by a “Council” ‘unwilling to stand up to a cadre of lawyers and city staff … and so on. Didn’t you have the obligation to mention one councilman, Craig Gartman, voted against this thoughtless and presumptuous abdication of city responsibility to city residents? That should be remembered come election time.
The city concept: Gilroy is a great place to grow with. Why then is the mayor, the city administrator, city attorney and others so intent on making life burdensome and unpleasant for those who live here?
James Brescoll, Gilroy
