Minutes 2003/04/28
8062
Posting
Agenda
Roll Call
5 Day
Furniture
Warehouse
Adjournment
Special Meeting
April 28, 2003
Gilroy, California
The City Clerk noted that the agenda had been posted on April 22, 2003
at 11:15 p.m.
Present: Councilmembers: Peter D. Arellano (arrived at 6:07 p.m.), Robert T.
Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer - 6:05 p.m.
The Mayor noted an appeal of the City Administrator's decision to modify
the business license for 5 Day Furniture Warehouse.
City Attorney Callon explained the City Policy governing this Hearing and the
process to be followed at this meeting.
Thomas Griffin, representing 5 Day Furniture Warehouse, reviewed the
reasons that the City Administrator's decision should be overturned, noting that
other businesses in the area have retail activities. He answered questions posed by
Councilmembers.
City Administrator Baksa reviewed the defined issue that 5 Day Furniture
Warehouse was being used as a retail business. He stated that with the information
provided, he came to the conclusion that it is true, that the business was being used
as a retail establishment. He reviewed the three items that allowed him to come to
his conclusion. He answered questions posed by Councilmembers.
Mr. Griffin explained that on the business license, it stated that this would be a
wholesale and retail establishment. He stated that by allowing the 12 days a year
of retail, that the City is attempting to avoid a legal issue. He answered questions
posed by Councilmembers.
Mr. Baksa stated that this issue has been going on for many months. He
explained that it is up to the ownerlbusiness person to obtain a change in the land
use or zoning ordinance if that is the option that they want to investigate. He
stated that one just needs to go to the establishment to see that it is a retail
business. He answered questions posed by Councilmembers.
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried to deny the appeal, upholding the decision of the City Administrator to
modify Business License No. 4294 for 5 Day Furniture Warehouse.
At 7:36 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN, CMC
City Clerk