Minutes 2001/04/02
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Invocation
Posting
Agenda
Roll Call
New Emp.
Proc. -SeX}JJI
Assault
Proc.-Tartan
Day
Goodwill Ind.
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Regular Meeting
April 2, 2001
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on March 28, 2001
at 2: 52 p.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:07 p.m.
The Mayor noted a wording change for the motion on item VI.3.
The Mayor introduced new employee Norman Guzman, Chemical Control
Specialist, Community Development Department.
The Mayor presented Vivian Varela with a proclamation for Sexual Assault
Awareness Month, April, 2001. She introduced Debbie Gutierrez who announced
there will be an event on April 18th from 5:00 to 8:00 p.m. at Christmas Hill Park
to promote Sexual Assault Awareness Month.
The Mayor noted a proclamation for Tartan Day, April 6, 2001, which was
hand delivered to the recipient.
The Mayor noted a presentation by Steven G. Spivak and Hugh D. Barnett
regarding Goodwill services and their new store in Gilroy.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Jim Hoey, 2480 Hecker Pass Highway, Gilroy, spoke on behalf of the small
builders in Gilroy, requesting a small builder workshop in light of some of the
RDO proposed changes.
Consent
Calendar.
Budget
Claim
Res. 2001-15
Minutes
Res. 2001-16
Bldg.Bd.of
Appeals
Report
Pub. Hearing
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Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried that the following items under the Consent Calendar be
approved, removing Item C. Resolution for GPA 00-02, by the following Roll Call
Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer:
Budget Amendments/Transfers as recommended;
Denied claim of Ralph Duarte;
Adopted Resolution No. 2001-15 approving AlS 00-54, an application to
amend the master Architectural and Site approval of a Planned Unit Development
(PUD) to allow for varied front yard setbacks on approximately 21.4 acres, APNS
808-20-012 and 808-20-020, Thomas Road Properties, applicant.
RESOLUTION NO. 2001-15
A RESOLUTION OF THE CITY OF GILROY APPROVING AlS 00-54, AN
APPLICATION TO AMEND THE MASTER ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW
FOR VARIED FRONT YARD SETBACKS ON APPROXIMATELY
21.4 ACRES, APNS 808-20-012 AND 808-20-020, THOMAS ROAD
PROPERTIES, APPLICANT.
PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Minutes of the Regular Council Meeting of March 19,2001;
The City Attorney noted changes to the resolution.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to adopt Resolution No. 2001-16 approving a General Plan
Circulation Element Amendment to modify the alignment of a north/south arterial
on the eastern side of Gilroy to include Southside Drive, at the terminus of Obata
Way on APNs 841-15-157,841-14-027,841-14-028, 841-14-066, 841-15-109, on
approximately 28.16 acres, GPA 00-02, Green Valley Corporation, applicant.
RESOLUTION NO. 2001-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A GENERAL PLAN CIRCULATION ELEMENT
AMENDMENT TO MODIFY THE ALIGNMENT OF A NORTH/SOUTH
ARTERIAL ON THE EASTERN SIDE OF GILROY TO INCLUDE
SOUTHSIDE DRIVE, AT THE TERMINUS OF OBATA WAY ON APNS 841-
15-157,841-14-027,841-14-028,841-14-066,841-15-109, ON
APPROXIMATELY 28.16 ACRES, GPA 00-02, GREEN VALLEY
CORPORATION, APPLICANT.
PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Lael McCormack noted the members of the Physically Challenged Board of
Appeals. She stated that John Greenhut is the current staff person assisting the
Board. She noted that no variance appeals have been heard recently. She
distributed a list of ADA improvements for the future.
The Mayor stated it was the time and place scheduled for a Public Hearing on
the 2001-2002 Program Year Community Development Block Grant Program
Year Funding Allocation.
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The staff report was noted and further explained by Deputy Community
Development Director Greenhut. He thanked his staff for their work on this
project.
Sam Bozzo noted the task of the Citizen Advisory Committee and thanked
staff for their assistance.
The Mayor opened the Public Hearing
Donna DiMinico, Long Term Care Ombudsman Program of Catholic Charities,
noted the activities advocating for the needs of their clients.
Donna DiMinico, Daybreak Respite and Caregiver Support Services of
Catholic Charities, noted they would like to increase the program in Gilroy, and
that additional support has been pledged.
Jessica Garcia-Kohl, Community Solutions, Battered Women's Shelter, asked
for support of their program. She distributed a brochure on their program.
Dan Aloot, Emergency Housing Consortium, reviewed the program for
emergency housing at the Armory and the San Martin Family Living Center.
Cheryl Huguenor, Live Oak Adult Day Services, thanked the Council for their
support, but noted her disappointment with only being recommended for half of
their request.
Marisa Mitchell, on the Board of Live Oak Adult Day Services, noted the
success of the program and invited the Council to visit the site.
Ann Marquart, Project Sentinel, noted the services provided including fair
housing, tenant/landlord dispute resolution, and mortgage default delinquency
counseling. She noted that they far exceed their goals each year.
Eleanor Villarreal, Rebekah Children's Services, thanked the Council for their
prior support and the CAC and staff for their recommendation. She noted the
expenses that are incurred and distributed a list of their priorities.
David Cox, St. Joseph's Family Center, thanked the CAC for their
recommendation and reviewed the activities that the funding will cover.
The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol to remove funding from five requests
to allow a reserve of$21,000 for future requests for energy bill payments for
senior citizens, and the motion died for lack of a second.
Sam Bozzo, in answer to a question, explained that the CAC felt the Catholic
Charities Daybreak Respite and Caregiver Support Services should partner with an
agency in Gilroy to have a local base.
Cheryl Huguenor, in answer to a question, explained that the Daybreak Respite
and Caregiver Support Services is different from Live Oak Adult Day Care, in that
the clients come to their facility.
Deputy Community Development Director Greenhut noted that HUD may not
consider $5,000 held in reserve to be an eligible activity.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
the motion failed (Councilmembers G. Arellano, P. Arellano, Pinheiro, and
Velasco voting no) to eliminate funding $4,000 for Catholic Charities Daybreak
Respite & Caregiver Support and fund $1,000 additional to Community Solutions
Shelter for Women and fund $3,000 additional to Rebekah Children Services
F AMIL YCARE, to cut $1,000 from Project Sentinel TenantILandlord Counseling
and cut $4,000 from Project Sentinel Fair Housing Services (retaining the $4,000
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for this from the Grant Administration), to hold $5,000 in reserve for potentially
paying energy bills for senior citizens.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Velasco and the motion failed (Councilmembers Morales, Pinheiro, Sudol, and
Springer voting no) to accept the recommendation of the CAC.
Motion was made by Councilmember P. Arellano, seconded by Councilman
Velasco and carried to adopt the recommendations of the Citizens Advisory
Committee as modified to eliminate funding $4,000 for Catholic Charities
Daybreak Respite & Caregiver Support and fund $1,000 additional to Community
Solutions Shelter for Women and fund $3,000 additional to Rebekah Children
Services F AMIL YCARE, and approve the Community Development Block Grant
Program Funding Cycle for 2001-2002 Program Year as follows:
Catholic Charities - Long Term Care Ombudsman
Community Solutions - La Isla Pacifica
Economic & Social Opportunities - CAUSA Tutorial Program
Emergency Housing Consortium - Housing for Homeless Residents
Live Oak Adult Day Services - Adult Day Care
MACSA - Summer Day Camp 2001
OUTREACH - Special Needs Transportation
Project Sentinel- Fair Housing
Project Sentinel- Tenant/Landlord Counseling
Rebekah Children's Services - FamilyCare
Second Harvest Food Bank - Operation Brown Bag
St. Joseph's Family Center - Housing & Family Services
St. Joseph's Family Center - Ochoa Winter Shelter
Grant Administration - Project Sentinel - Fair Housing Services
$ 4,000
$ 6,000
$ 4,000
$ 4,000
$ 4,000
$ 4,000
$ 4,000
$ 4,000
$ 5,000
$ 7,000
$ 4,000
$ 9,000
$ 4,000
$ 4,000
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to open the comment period for the 2001-2002 Action Plan of
the 2000-2005 Consolidated Plan and continue the Public Hearing to May 7, 2001.
Councilman Sudol stated for the record that we need to look at this issue with
the energy crisis and decide what the Council is going to do.
At 8:49 p.m. the Mayor called for a five minute recess, after which he recalled
the meeting to order.
Co-Sponsorship The Mayor noted a request for reconsideration by the Gilroy Downtown
Downtown Development Corporation for City Co-Sponsorship of downtown events.
Events
The City Administrator reviewed the request, explaining that the latest letter
from Dave Peoples clarifies the issues that the Council had concerns about, noting
that this may set a precedent for co-sponsorship of events.
Motion was made by Councilmember G. Arellano, seconded by Councilman P.
Arellano and carried to approve City Co-Sponsorship of downtown events.
Council agreed to review this issue at their mini-retreat to decide if they want
to bring all requests to the Council for approval or develop guidelines.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving Z 9903, an application for a change in zoning designation from Al
(Agricultural) and R-l (Single Family Residential) to RI-PUD (Single Family
Residential-Planned Unit Development) and OS (Open Space) to allow for
subdivision of approximately 16.05 acres into twelve (12) residential lots and one
(1) remainder lot designated as Open Space, APN 810-28-022, Karen Christopher,
applicant.
Z 99-03
Karen
Christopher
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales 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.
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Z 01-01
Sherrell Kirk
TM 01-01
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to introduce the Ordinance amending the Zoning Map.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in zoning designation from Al (Agricultural)
to R1 (Single family Residential) on approximately 3.72 acres, APN 790-16-048,
Z 01-01, Sherrell Kirk, applicant.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
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 Councilman Morales and
carried to introduce the Ordinance amending the Zoning Map.
The Mayor noted a Resolution of the City Council of the City of Gilroy
modifying and approving TM 01-01, a Vesting Tentative Map to create fifty-seven
single-family lots on approximately 34.7 acres located south of Troon Way, within
the Eagle Ridge development, APN 810-41-006, Eagle Ridge Development Corp.
LLC, c/o Shapell Industries of Northern California, applicant.
James Suner requested this item be continued and submitted petitions signed
by 118 residents to require a park in Eagle Ridge. He noted that Susan Mineta has
agreed to give them some lots for this.
Susan Mineta, Eagle Ridge Development Company, noted that she supports
adoption of the resolutions as submitted. She stated that she supports
neighborhood parks, and emphasized the public open space dedication ofland
offered by Eagle Ridge. She noted that Eagle Ridge will increase the park area
size near Troon Way, and that an additional potential park site has been identified.
Mike Zill admitted that he did not know many of the facts that Susan Mineta
brought up. He noted that he pays into the park fund as well as other Eagle Ridge
homeowners. He stated that he wants to work with the developer. He noted
concerns with the construction and narrow streets.
Joe Lumeli stated that he thought that Eagle Ridge was a retirement
community when he purchased his home. He noted the need for parks in this
development, due to younger families moving in.
Chris Ordaz, 1925 St. Andrews Circle, noted concerns and the need to sit with
Shapell and voice their concerns. He stated that children are not allowed on the
golf course, and noted that the salamander has more play area than his children.
Charles Goodley, 1846 Club Drive, noted that his grandchildren have no place
to play. He stated that he would prefer to have a park nearby for the children.
Motion was made by Councilmember G. Arellano, seconded by Councilman P.
Arellano and the motion failed (Councilmembers Morales, Sudol, Velasco, and
Springer voting no) to continue adoption of the resolution to April 16, 2001.
Susan Mineta and Armenta Jensen discussed the additional two lots next to the
tot lot that have been offered to increase the size of the park area. They also noted
that additional areas are being looked at for park areas. Ms. Jensen stated that
Shapell is willing to work with the homeowners and hopes that this will not make
for a divisive community.
Motion was made by Councilman P. Arellano, seconded by Councilman
Pinheiro and the motion failed (Councilmembers Morales, Sudol, Velasco, and
Springer voting no) to deny TM 01-01.
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Res. 2001-17 Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried (Councilmembers G. Arellano, P. Arellano, and Pinheiro voting no) to
adopt Resolution No. 2001-17 modifying and approving TM 01-01, a Vesting
Tentative Map to create fifty-seven single-family lots on approximately 34.7 acres
located south of Troon Way, within the Eagle Ridge development, APN 810-41-
006, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern
California, applicant.
RESOLUTION NO. 2001-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MODIFYING AND APPROVING TM 01-01, A VESTING TENTATIVE MAP
TO CREATE FIFTY -SEVEN SINGLE-FAMILY LOTS ON
APPROXIMATELY 34.7 ACRES LOCATED SOUTH OF TROON WAY,
WITHIN THE EAGLE RIDGE DEVELOPMENT, APN 810-41-006, EAGLE
RIDGE DEVELOPMENT CORP. LLC, C/O SHAPELL INDUSTRIES OF
NORTHERN CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote;
AYES: COUNCILMEMBERS: MORALES, SUDOL, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO and
PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
AlS 00-33 The Mayor noted a Resolution of the City of Gilroy approving AlS 00-33, an
application for Master Architectural and Site approval addendum of a Planned Unit
Development (PUD) for a project involving approximately 40 acres, APN 810-24-
005, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern
California, applicant.
Res. 2001-18 Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried (Councilmembers G. Arellano, P. Arellano, and Pinheiro voting no) to
adopt Resolution No. 2001-18 approving AlS 00-33, an application for Master
Architectural and Site approval addendum of a Planned Unit Development (PUD)
for a project involving approximately 40 acres, APN 810-24-005, Eagle Ridge
Development Corp. LLC, c/o Shapell Industries of Northern California, applicant.
RESOLUTION NO. 2001-18
A RESOLUTION OF THE CITY OF GILROY APPROVING AlS 00-33, AN
APPLICATION FOR MASTER ARCHITECTURAL AND SITE APPROVAL
ADDENDUM OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A
PROJECT INVOLVING APPROXIMATELY 40 ACRES, APN 810-24-005,
EAGLE RIDGE DEVELOPMENT CORP. LLC, C/O SHAPELL INDUSTRIES
OF NORTHERN CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote;
AYES: COUNCILMEMBERS: MORALES, SUDOL, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO and
PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
CFD #1 The Mayor noted a request for possible abandonment of Community Facilities
Possible District No.1 (Emergency Medical Services).
Abandonment
(At 10:20 p.m. Councilman P. Arellano left the Council Chambers and returned
at 10:29 p.m.)
The City Administrator asked to table this issue for a month to allow additional
time for discussion.
Chris Ordaz noted the concern of the real estate community for possible buyers
of property when this appears on the preliminary title report. He stated that it
would be nice if it was removed.
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A& C Com.
2-13-01
Motion was made by Councilmember G. Arellano, seconded by touncilman
Sudol and carried to continue this request to May 21, 2001.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letter of opposition to SB 910 (Dunn) Housing Elements. Fines, Penalties,
and Litigation;
League of California Cities Priority Focus #10-2001 dated March 16,2001;
and
League of California Cities Priority Focus # 11-200 1 dated March 23, 2001.
Customer Service:
Memorandum of congratulations from the Parks and Recreation Commission
to Gayle Glines and her staff on the success of the Gilroy Young Artists Show;
Memorandum of congratulations from the Parks and Recreation Commission
to Gayle Glines for a job well done for the Kids Discover Arts Program;
Phone call of appreciation from Gloria Levinthal for the excellent customer
service by Rick Brandini in assisting with facility setup at the Willey House;
Note ofthanks from Pat Midtgaard to Bill Faus for being a guest reader on Dr.
Seuss Day; and
Note of thanks from Huldah Champion to Bill Faus for his assistance with the
Planning Commission and Planning Commission retreat.
Informational items:
City of Gilroy Investment Report February 2001;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated March 26,
2001; and
Letter to Senator Speier regarding the City of Gilroy support of legislative
efforts to reverse the detrimental effects of the ERAF property tax shift.
The minutes of the Arts and Culture Commission meeting of February 13,
2001 were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of February 6,2001 were
2-6-01 noted.
Lib. Com
2-14-01
P&RCom.
2-20-01
Sr.Adv.Bd.
2-14-01
SCRWA
2-17-01
3-13-01
The minutes of the Library Commission meeting of February 14, 2001 were
noted.
The minutes of the Parks & Recreation Commission meeting of February 20,
2001 were noted.
The minutes of the Senior Advisory Board meeting of February 14,2001
were noted.
The minutes of the South County Regional Wastewater Authority meeting of
February 27,2001 (corrected) and March 13,2001 were noted.
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Youth Com.
2-12-01
The minutes of the Youth Commission meeting of February 12,2001 were
noted.
RDO Exemption The City Administrator noted a report on Tentative Map applications currently
under review for 12 lots or fewer under the exemption classification.
(At 10:29 p.m. Councilman Morales left the Council Chambers and returned at
10:30 p.m.)
The City Administrator and City Attorney explained the request and possible
actions.
Jim Hoey, Hecker Pass Highway, Gilroy, noted that he has a project on the
proposed list. He stated that he would like to see this 10 year cycle to continue
with the current rules, and if the Council changes the rules, it should be for the
next 10 year cycle. He noted that small projects have trouble competing with large
builders under the RDO because of the point system.
(At 11 :02 p.m. Councilman P. Arellano left the Council Chambers and did not
return. )
Gary Walton, Custom One, noted that just because someone proposes a
project, that doesn't necessary mean that it will be built. He stated that there
needs to be Council discretion for the number of units.
Council agreed to set a Joint Study Session for 5:30 p.m. on April 23, 2001 to
meet with developers regarding the RDO small projects/small builder exemption
category.
The City Administrator asked to make sure that all the Councilmembers have a
copy of the RDO information. He distributed information for next Monday's
meeting on the General Plan update. He stated that staff has written letters to
housing tract developers regarding the signs going up in the public right-of-way on
Santa Teresa Boulevard. He noted that he will be meeting with the Police
Department regarding enforcement.
Mayor Pro Tern The Mayor noted the appointment of Mayor Protempore from April 2, 2001 to
December 3, 2001.
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
and carried to appoint Councilman Morales as the Mayor Protempore from April
2, 2001 to December 3, 2001.
The Mayor announced that the April 10, 2001 SCRWA meeting has been
cancelled.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
APRIL 2001
2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 Study Session - Presentation by Competisys regarding Utility District - 5:30
p.m., Gilroy City Council Chambers
9*Special City Council Meeting on the General Plan Review - 7:00 p.m., Gilroy
City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 City Council/Planning Commission Mini-Retreat "Vision of Gilroy" - 7:00
p.m., Gilroy Senior Center Meeting Room
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
l
7708
Adjournment
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30*Joint Workshop City Council/Planning Commission regarding RDO Process.
Growth Numbers and Affordable Housing Exemption Policy -7:00 p.m.,
Council Chambers
MAY 2001
3 Council Mini-Retreat re: Various Issues- 12:00 p.m., Temporary
Environmental Education Center (TEEC) building at the Ranch Site, Christmas
Hill Park, 7049 Miller Avenue, Gilroy, California
7 Study Session - High Density Housing Design Standards - 5:30 p.m., Gilroy
City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
29*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
JUNE 2001
4*Tentative Library Pre-Design Presentation - 5:30 p.m., Gilroy City Council
Chambers
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCR W A Meeting - 7: 30 a. m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
At 11:21 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~JC~~
/s RHONDA PELLIN
City Clerk