Minutes 1999/08/02
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7390
Invocation
Posting
Agenda
Roll Call
Affordable
Housing
New
Employee
Emp. Award
V 01. Award
Regular Meeting
August 2, 1999
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on July 29, 1999
at 11:30 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:00 p.m.
The Mayor noted a change to the agenda, in that item VII.B. will be continued
to September 20, 1999 since the Planning Commission continued this item.
The Mayor introduced new employee Felipe Begines, Jr., Community Service
Officer, Police Department.
The Mayor presented the Employee Award for the Month of June, 1999, to
Noel Provost, Police Officer, Police Department.
The Mayor presented the Volunteer of the Month of July, 1999 Award to
Kathy and the Bad Boys.
Roy Dale
Invitation
Consent
Calendar
Minutes
Eleventh
Agreement
Cal-ID
Claims
73) j
The Mayor noted a presentation by Roy Dale, Masonic Lodge, inviting the
Mayor and Councilmembers to a cornerstone ceremony for Antonio Del Buono
School on November 6, 1999 at 11:30 a.m.
Motion was made by Councilman Morales, seconded by Councilwoman
Rowlison and carried that the following items under the Consent Calendar be
approved, removing Item C. Property Improvement Agreement No. 99-27, The
Old Orchard Company, by the following Roll Call Vote: Ayes: Councilmembers:
Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C.
Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K A. Mike Gilroy:
Minutes of the Regular Council meeting of July 19, 1999;
Eleventh Amendment to the Agreement to provide local law enforcement
agency access to the California Identification (Cal-ID) System, for Fiscal Year
1999-00;
Denied claims ofConsuelo Estudillo; Josephine Galvan; Jeremiah Sanchez;
Margaret Velho; and Timothy Edward Zehnder;
Prop.Impr.Agree. Property Improvement Agreement No. 99-34, Gagliardi Brothers, Inc.,
No. 99-34 APN 790-23-052;
Gagliardi Bros.
Innovative Tech. Contract with Innovative Technologies Limited (ITL) for continued computer
Limited (ITL) conversion management services for both the finance and police software;
Econ.Incentive Economic Incentive Agreement for Paragon Limited Liability Corporation for
Hilton Garden The Hilton Garden Inn; and
Inn
Econ.Incentive Economic Incentive Agreement for Architectural Facades Unlimited, Inc.
Architectural
Facades Unlimited
Prop.Impr.Agree. Motion was made by Councilman Sudol, seconded by Councilman Morales and
No. 99-27 carried (Councilmember Gifford absent) to approve Property Improvement
Old Orchard Agreement No. 99-27, The Old Orchard Co., a California Corporation, DBA
Company Orchard Valley Communities, APN 783-35-072, Lands of Schramm.
Pub.Hearing
CALSTAR
Res. 99-67
The Mayor stated it was the time and place scheduled for a Public Hearing
regarding approval of bond obligations to be undertaken by the California
Statewide Communities Development Authority to benefit California Shock
Trauma Air Rescue.
The staff report was noted and further explained by the City Administrator.
Steve Foster, CALSTAR' noted that a new CALSTAR helicopter will replace
the current model.
The Mayor opened the Public Hearing. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to adopt Resolution No. 99-67 approving the bond obligations to be
undertaken by the California Statewide Communities Development Authority to
benefit California Shock Trauma Air Rescue.
73':7;~
Pub. Hearing
TM 99-03
Pub. Hearing
Z 99-02
RESOLUTION NO. 99-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING OBLIGATIONS TO BE UNDERTAKEN BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT
CALIFORNIA SHOCK TRAUMA AIR RESCUE.
PASSED AND ADOPTED this 2nd day of August, 1999, by the following vote~
AYES: COUNCILl\1El\1BERS: ARELLANO, GIFFORD, MORALES,
ROWLlSON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: N01'.~
ABSENT: COUNCILMEMBERS: NONE
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide approximately 2.79 acres into a l2-lot single
family residential subdivision, plus a remainder parcel, on property zoned R 1
(Single Family Residential), located at the terminus of Violet \Vay, east of Santa
Teresa Boulevard. Sync on Homes of California, applicant, TM 99-03.
The staff report was noted and further explained by Planncr II Durkin.
The City Administrator requested the City Code be revised as far as
constmction times so that the restriction is enforceable.
The T\,rn"~r ~~~~~d 4-he Pub1;c Hearl'ng
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Brian Hanly, Syncon Homes, noted that a barrier and a <<No Trespassing" sign
will bc erected to discourage foot traffic from Santa Teresa Boulevard.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to direct staff to prepare a resolution approving the request.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zone Change request to amend the City of Gilroy's Zoning Map from Rl (Single
Family Residential) to RI-PlJD (Single Family Residential-Planned Unit
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(At 7' 53 0 m Councilman Morales left the Council Chambers. and returned at
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Gloria Pariseau~ on behalf of the applicant~ state.d that she. ,vas present to
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Pub.Hearing
TM 99-06
A/S 99-18
TM 98-10
A/S 99-22
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The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide approximately 1.45 acres into an II-lot
single family residential subdivision, together with one common lot, on property
currently zoned Rl (Single Family Residential) and proposed for rezoning to Rl-
PUD (Single Family Residential-Planned Unit Development), located at 9095
Monterey Road, south of Las Animas Avenue. Custom One, Inc., applicant, TM
99-06.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving the request, including an
additional condition #20 requested by the Valley Transportation Authority.
The Mayor deviated from the regular order of business to accommodate
interested persons in the audience.
The Mayor noted a request for an Architectural and Site design review to
allow the construction of 11 single family detached homes, on property located at
9095 Monterey Road, south of Las Animas Avenue. Custom One, Inc., applicant,
A/S 99-18.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilmember Arellano, seconded by Councilman Sudol
and carried to direct staff to prepare a resolution approving the request.
The Mayor returned to the regular order of the agenda.
(At 8:08 p.m., Councilwoman Rowlison left the Council Chambers, and
returned at 8:09 p.m.)
The Mayor noted a continued request on a Tentative Map request to subdivide
approximately 2.878 acres into a 12-10t single family residential subdivision, plus a
remainder parcel, on property zoned R2-PUD (Two Family Residential-Planned
Unit Development) located at the northwest corner of Rogers Lane and Hoover
Court, Eduardo A. Bull, applicant, TM 98-10.
The City Attorney explained that this request was moved up from the
continued date of September 7, 1999 to this date, due to Subdivision Map Act
requirements and that action should be taken tonight on the map.
The staff report options were noted and further explained by Planner II Durkin.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried (Councilmembers Gifford and Rowlison voting no) to approve the
tentative map as set forth in option # 1 of the staff report to include a foot bridge
across the slough, and a stipulation that the lot will not be allowed to be
subdivided in the future.
The Mayor noted a request for an Architectural and Site review of a 12 lot
single family residential subdivision, on property zoned R2-PUD (Two Family
Residential-Planned Unit Development), located at the northwest corner of Rogers
Lane and Hoover Court, Eduardo A. Bull, applicant, A/S 99-22.
The staff report was noted and further explained by Planner II Durkin.
James V 0, applicant, explained that he provided a full bath on the first floor,
even though a bedroom is not proposed, so there would be extra bath facilities.
7 -. ," /I
) I 't
Projects
Schedule
Economic
Incentive
Policy
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried to direct staff to prepare a resolution approving the request.
The Mayor noted a request for approval of the street, streetscape, and Valley
Transportation Authority (VT A) parking lot projects schedule on Monterey Street
in the downtown area, including the Train Depot.
Traffic Engineer Abrams reviewed the City of Gilroy Downtown Monterey
Projects.
The City Administrator questioned whether the Council would like
involvement to work with staff on this issue. He suggested two or three
Councilmembers on an ad hoc committee. Councilmembers Sudol, Arellano, and
Springer volunteered with Councilmember Rowlison as an alternate member for
this ad hoc committee. It was agreed that all of the ad hoc meetings will be
publicly noticed.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried to approve street, streetscape, and the VT A parking lot
projects schedule.
The Mayor noted it was time for discussion and approval of the revised
Economic Incentive Policy.
The City Administrator noted three issues remain to be resolved after a
previous workshop. Community Development Director Allen reviewed the wage
and benefit package and residency incentive issues.
Bill Lindsteadt, Economic Development Corporation, recommended approval
of Scenario #2 ($2,000 and $4,000) for the Economic Incentive Policy.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to approve the revised Economic Incentive Policy, to allow a credit of
$2,000 for Alternate A and a credit of $4,000 for Alternate B, both with average
annual wage and benefit packages of at least $35,000, allowing the few prospects
working with the Economic Development Corporation to follow current policy.
At 9: 12 p.m., the Mayor called for a recess, after which he recalled the meeting
to order.
RDO Affordable The Mayor noted amendments to the RDO Affordable Housing Exemption
Housing Procedure Policy, City of Gilroy, applicant, M 99-03.
Exemption
Policy The Mayor noted that this item will be continued to September 20, 1999, due
to continuance by the Planning Commission.
Street
Renaming
Res. 99-68
The Mayor noted a request to rename a portion of Thomas Road to become
"West Luchessa Avenue" and the road currently designated Luchessa Avenue to
become "East Luchessa Avenue", noting a letter had been received in opposition
to the request.
Traffic Engineer Abrams explained the request, including the naming of streets
that cross Monterey Street as "East" and "West" for consistency.
Frank Flautt, 5605 Mesa Road, stated that the request makes perfect sense.
Motion was made by Councilman Sudol, seconded by Councilwoman
Rowlison and carried to adopt Resolution No. 99-68 adopting a new street name
for part of the street currently named Thomas Road and all of the street currently
named Luchessa Avenue.
Old City Hall
Utility Users
Tax
Ordinance
Voting
Delegate
7'" "
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RESOLUTION NO. 99-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING A NEW STREET NAME FOR PART OF THE STREET
CURRENTLY NAMED THOMAS ROAD AND ALL OF THE STREET
CURRENTLY NAMED LUCHESSA AVENUE.
PASSED AND ADOPTED this 2nd day of August, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON,
SUDOL, and GILROY
NOES: COUNCILMEMBERS: GWFORD and SPRINGER
ABSENT: COUNCILMEMBERS: NONE
The Mayor noted a review of proposals for lease of Old City Hall.
Administrative Services Director Dorn reviewed the proposals.
Susan Patereau stated that Gavilan College would need one or more
commercial establishments to join in their proposal to make it viable.
Motion was made by Councilman Morales, seconded by Councilmember
Gifford and carried to approve a lease agreement with Gavilan College.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
amending Chapter 26B of the City of Gilroy Municipal Code making clarifications
to the existing Utility Users Tax Ordinance.
The staff report was noted and further explained by Administrative Services
Director Dorn.
Councilman Springer requested the word "delivered" be replaced with the
word "remit", and requested the definition of video services be included.
Linda noted that the video services would be included under Section 26B(7) of
the code,
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried to read the Ordinance by title only and waive further reading of the
Ordinance. The City Clerk read the ordinance by title only.
Motion was made by Councilman Sudol, seconded by Councilwoman Arellano
and carried to introduce the Ordinance approving amending Chapter 26B of the
City of Gilroy Municipal Code making clarifications to the existing utility users tax
ordinance.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Mary and Jim Garcia, Lawrence Drive, spoke regarding the approval of TM
97-4 regarding lots 1 & 12. She stated that she had been assured that two story
homes would not be built on these two lots. She asked that only one-story homes
be built on these lots.
The City Administrator stated that the issue will be researched to see what was
approved, and stated that if a condition was placed on the map, it can be enforced.
(At 10:27 p.m" Councilman Sudol left the Council Chambers and returned at
10:29 p.m.)
The Mayor noted the need to designate a voting delegate and alternate for the
League of California Cities Annual Conference.
73'''' ,-
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Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried that the voting delegate and alternate voting delegate for the annual
League of California Cities Conference will automatically be the representative and
alternate to the League of California Cities as appointed by the Council, unless that
member will not be attending the conference.
The Mayor requested the support of Council to send a letter to the Department
of Alcoholic Beverage Control that the City of Gilroy is not interested in
businesses paying fines for violations, but would rather the business be suspended
from selling alcohol, and Council concurred that a letter should be sent.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #27-1999 dated July 16, 1999.
Customer Service:
Letter of thanks from Rey Sotelo, Indian Motorcycle, to all the police officers
that helped at the 4th of July celebration at the Indian Motorcycle factory;
Letter of thanks from Susan Valenta, Leadership Gilroy, to Sharon Pavao for
her contribution of time in making the June 25th "History and Local Culture Day"
a resounding success;
Letter of appreciation from Rich Berry, Trevis Berry Transportation, to Mayor
Gilroy for the outstanding job he has done as Mayor; and
Letter of thanks from Beatriz Perez, Gilroy Police Department, to Officer Joe
Harrold for sharing his knowledge and information about drugs and street smarts
to the City of Gilroy Support Staff Brown Bag members.
Informational items:
City of Gilroy Investment Report dated June, 1999;
Community Development Department Planning Division Monthly Report of
Long-Range applications and status ofRDO allocation & activity dated July 16,
1999;
Gilroy Economic Development Corporation minutes of June 18, 1999;
Letter to Chief Giusiana from Lydia F. Engdol, Department of Alcoholic
Beverage Control accepting an Offer in Compromise in the amount of$750.00 in
lieu of a 10 day suspension for David & Monica Lam (Quik Stop Market) at 8110-
A Westwood Drive, Gilroy, California;
Letter to Chief Giusiana from Lydia F. Engdol, Department of Alcoholic
Beverage Control accepting an Offer in Compromise in the amount of$3,000.00 in
lieu of a 15 day suspension for Hong Van & Lynn Tu Huynh (M & M Liquor
Store) at 7901-H Westwood Drive, Gilroy, California;
Letter to Chief Giusiana from Lydia F. Engdol, Department of Alcoholic
Beverage Control accepting an Offer in Compromise in the amount of $3,000.00 in
lieu of a 15 day suspension for Robert Cory- Tokuji Shiraki and Maria Jesus
Shiraki (Super Save) at 211 First Street, Gilroy, California; and
Letter to Chief Giusiana from Lydia F. Engdol, Department of Alcoholic
Beverage Control accepting an Offer in Compromise in the amount of$3,000.00 in
lieu of a 15 day suspension for Safeway, Inc. at 905 First Street, Gilroy, California.
A& C Com.
6-8-99
7. ": "'--,
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The minutes of the Arts and Culture Commission meeting of June 8, 1999
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of June 1, 1999 were
6-1-99 noted.
Library Com
6-9-99
P&RCom.
6-15-99
Sr.Adv.Bd.
6-21-99
P&RCom.
7-20-99
Scorcher T / A
Tires
Res.99-69
The minutes ofthe Library Commission meeting of June 9, 1999 were noted.
The minutes of the Parks & Recreation Commission meeting of June 15, 1999
were noted.
The minutes of the Senior Advisory Board meeting of June 21, 1999 were
noted.
The report of the Parks & Recreation Commission meeting of July 20, 1999
was noted.
The City Administrator distributed the Second Quarter Goals and Objectives,
the Parks and Recreation System Master Plan document, a summary of
recommendations of the Audit of the Gilroy Golf Course, a summary of other
cities' rules regarding R V parking, and the City of Gilroy Second Quarter report.
He requested the Council think about the bus station and the options for use of
that facility.
The Mayor requested Council set a date for a joint study session with the
Planning Commission on the Affordable Housing Exemption, and Council agreed
to meet on September 8, 1999. He stated that he met with Catholic Health
Services West in Los Altos Hills and gave a presentation on keeping the hospital in
Gilroy. He requested that the three flags in the Council Chambers be retired and a
new flag be obtained for the Council Chambers.
Councilman Springer requested a resolution of support that BF Goodrich
Company reconsider production of the Scorcher T/A tire. He showed a
promotional video of the tire leaving colored tread marks on the roadway.
Motion was made by Councilman Sudol, seconded by Councilmember Arellano
and carried to adopt Resolution No. 99-69 opposing B. F. Goodrich "Scorcher
T / A" brand of color-tread tires.
RESOLUTION NO. 99-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
OPPOSING B. F. GOODRICH "SCORCHER T/A" BRAND OF COLOR-
TREAD TIRES.
PASSED AND ADOPTED this 2nd day of August, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Councilman Springer distributed bumper stickers for the "Tag You Lose"
campaIgn.
Councilwoman Rowlison gave an update on the Santa Clara County fair,
noting that Andrea Bertero of Gilroy will preside over the opening and closing
ceremonies each day, and that the fair will be in May starting in 2000. She
reminded Councilmembers that a workshop is scheduled for September 18 for
elected officials on emergency preparedness. She stated that the "Celebrate the
Century" train will be in Gilroy on August 14 and 15, and displayed a proclamation
that will be presented at the opening ceremonies. She reminded everyone of the
League of California Cities meeting in October in San Jose.
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7398
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
AUGUST 1999
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Regular City Council Meeting - CANCELLED
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
SEPTEMBER 1999
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Joint City Council/Planning Commission Workshop on the General Plan-
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 Joint City Council/Planning Commission Workshop on the General Plan-
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 1999
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 * Special City Council Meeting-General Plan - 7:00 p.m., Gilroy City
Council Chambers
26 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
Adjrnmt.
At 11 :06 p.m. the Mayor adjourned the meeting.
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/s/ RHONDA PELLIN
City Clerk