Minutes 2003/10/20
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Invocation
Posting
Agenda
Roll Call
Jeanne Gage
Regular Meeting
October 20, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Damon Artison, Bethany Church of God, gave the Invocation.
The Mayor noted that the Council had just held a Closed Session regarding a
Public Employee Performance Evaluation for the City Administrator and that the
outcome of that closed session would be announced under the Mayor's Report
later in the meeting.
The City Clerk noted that the agenda had been posted on October 15, 2003
at 1:50 p.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:08 p.m.
The Mayor noted a certificate for retired Parks and Recreation Commission
member Jeanne Gage, who was not present to accept the certificate.
Richard Young The Mayor presented a certificate to retired Public Art Committee member
Richard Young.
Employee Award The Mayor presented the Employee Award for the Month of October, 2003 to
Kim Merrill, Corporal, Police Department. The Mayor also presented the
American Police Hall of Fame and Museum Award for Valor and the Medal of
Valor to Corporal Merrill.
V 01. Award
Vol. Award
Proc.-Make a
Difference
Day
The Mayor presented the Volunteer of the Month of September, 2003 award
to Lauren Bevilacqua.
The Mayor presented the Volunteers of the Month of October, 2003 award to
Marilynn Host and noted that Carole Friis was not able to be present.
The Mayor noted a proclamation for Make a Difference Day - October 25,
2003, which was previously mailed to the recipient.
Proc.-Domestic The Mayor presented a proclamation for Domestic Violence Awareness Month
Violence for October, 2003, to Lisa Ramos, a member of Community Solutions.
Awareness Month
Proc.-Crime
Prevention
Consent
Calendar
The Mayor presented a proclamation for Crime Prevention Month - October,
2003 to Police Chief Giusiana.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved, by
the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert
T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco and
Thomas W. Springer:
Minutes Minutes of the Regular Council Meeting of October 6, 2003;
-,
Res. 2003-65 Adopted Resolution No. 2003-65 approving SPE 03-01, an application for a
(').. ; Small Project Exemption from the Residential Development Ordinance, APN 810-
23-005, Ernie FilicelMcCormack Partnership, applicants;
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RESOLUTION NO. 2003-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-01, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 810-23-005, ERNIE FILICE/MCCORMACK PARTNERSHIP,
APPLICANTS.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2003-66 Adopted Resolution No. 2003-66 approving SPE 03-04, an application for a
Small Project Exemption from the Residential Development Ordinance, APN 810-
62-012, Don Thompson, applicant;
RESOLUTION NO. 2003-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-04, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 810-62-012, DON THOMPSON, APPLICANT.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2003-67 Adopted Resolution No. 2003-67 approving SPE 03-03, an application for a
Small Project Exemption from the Residential Development Ordinance, APN 790-
12-016, James Suner, applicant;
RESOLUTION NO. 2003-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-03, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 790-12-016, JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2003-17 Adopted Ordinance No. 2003-17 approving an application for a Zoning Text
Amendment for Section 22, Industrial Use Table, to allow "Ancillary Retail" sales
under specific conditions, with approval of a Conditional Use Permit granted by
the Planning Commission, 5 Day Furniture Warehouse, applicant, Z 03-06;
ORDINANCE NO. 2003-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A ZONING TEXT AMENDMENT
FOR SECTION 22, INDUSTRIAL USE TABLE, TO ALLOW "ANCILLARY
RETAIL" SALES UNDER SPECIFIC CONDITIONS, WITH APPROV AL OF A
CONDITIONAL USE PERMIT GRANTED BY THE PLANNING
COMMISSION, 5 DAY FURNITURE WAREHOUSE, APPLICANT, Z 03-06.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
814.0
Ord.2003-18 Adopted Ordinance No. 2003-18 amending Zoning Ordinance Section 31 by
adding Section 31.90, authorizing on an interim basis the approval in the C-2
Central Business District of development projects that provide fewer off-street
parking spaces than currently required by the Zoning Ordinance or the Downtown
Parking District, and providing for the sunset hereof, City of Gilroy, applicant, Z
03-12;
ORDINANCE NO. 2003-18
AN ORDINANCE OF THE CITY OF GILROY AMENDING ZONING
ORDINANCE SECTION 31 BY ADDING SECTION 31.90, AUTHORIZING
ON AN INTERIM BASIS THE APPROVAL IN THE C-2 CENTRAL
BUSINESS DISTRICT OF DEVELOPMENT PROJECTS THAT PROVIDE
FEWER OFF-STREET PARKING SPACES THAN CURRENTLY REQUIRED
BY THE ZONING ORDINANCE OR THE DOWNTOWN PARKING
DISTRICT, AND PROVIDING FOR THE SUNSET HEREOF, CITY OF
GILROY, APPLICANT, Z 03-12.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2003-19 Adopted Ordinance No. 2003-19 amending Gilroy City Code Section 7.4 by
adding Section 7.4.1 to eliminate certain charges to development projects in the C-
2 Central Business District zone, City of Gilroy, applicant;
ORDINANCE NO. 2003-19
AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY
CODE SECTION 7.4 BY ADDING SECTION 7.4.1 TO ELIMINATE
CERTAIN CHARGES TO DEVELOPMENT PROJECTS IN THE C-2
CENTRAL BUSINESS DISTRICT ZONE, CITY OF GILROY, APPLICANT.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Prop.Impr.Agr. Property Improvement Agreement No. 2003-9, Tract Map 9511 and
No. 2003-9 Improvement Plans for Tract 9511, Warmington Walnut/Gilroy Associates, L.P., a
Tract 9511 California Limited Partnership by Warmington Homes, California, a California
Corporation, its General Partner;
Prop.Impr.Agr. Property Improvement Agreement No. 2003-11, Tract Map 9488 and
No. 2003-11 Improvement Plans for Tract 9488, Sherrel Kirk;
Tract 9488
Budget Budget Amendments/Transfers as recommended;
Res. 2003-68 Adopted Resolution No. 2003-68 revising the Comprehensive Fee Schedule
2003-2004 to eliminate certain fees on development projects in the C-2 Central
Business District;
RESOLUTION NO. 2003-68
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REVISING THE COMPREHENSIVE FEE SCHEDULE 2003-2004 TO
ELIMINATE CERTAIN FEES ON DEVELOPMENT PROJECTS IN THE C-2
CENTRAL BUSINESS DISTRICT.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Res. 2003-69 Adopted Resolution No. 2003-69 approving GP A 03-04, a General Plan
Amendment to change the General Plan land use designation from General
Services Commercial to Low Density Residential on an approximately 2.5 acre site
located at 6555 Monterey Road, APN 799-46-007, James Suner, applicant.
RESOLUTION NO. 2003-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 03-04, A GENERAL PLAN AMENDMENT TO CHANGE
THE GENERAL PLAN LAND USE DESIGNATION FROM GENERAL
SERVICES COMMERCIAL TO LOW DENSITY RESIDENTIAL ON AN
APPROXIMATELY 2.5 ACRE SITE LOCATED AT 6555 MONTEREY
ROAD, APN 799-46-007, JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Pub. Hearing
Hotel Reg.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on an Ordinance of the City Council of the City of Gilroy amending the
Gilroy City Code Chapter 25A, adding a new section 25A.14 regarding Hotel
Registration.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to continue the Public Hearing to the meeting of December 1, 2003 at
the request of staff.
Pub. Hearing
Res. of
Necessity
(Gormly)
The Mayor stated it was the time and place scheduled for a Public Hearing for
the purpose of adopting a Resolution of Necessity authorizing the City Attorney of
the City of Gilroy to file eminent domain proceedings for the acquisition of a fee
interest in the real property identified by APN 808-21-018.
The staff report was noted and further explained by the City Administrator and
City Engineer Smelser.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Res. 2003-70 Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to adopt Resolution No. 2003-70 determining that the public interest
and necessity require the acquisition of a fee interest in the real property identified
by APN 808-21-018, located at Luchessa Avenue and Uvas Creek and directing
the filing of eminent domain proceedings.
RESOLUTION NO. 2003-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF A FEE INTEREST IN THE REAL
PROPERTY IDENTIFIED BY APN 808-21-018, LOCATED AT LUCHESSA
AVENUE AND UV AS CREEK AND DIRECTING THE FILING OF
EMINENT DOMAIN PROCEEDINGS.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
SPE 03-05 The Mayor noted a Small Project Exemption request to allocate 16 lots, for a
single family subdivision on 4.8 acres in an Rl (Single Family Residential) zone,
located north of Rodeo Drive at Cheyenne Drive. Rancho Meadows Inc.,
applicant, SPE 03-05.
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SPE 03-06
Z 02-09
Z 03-09
Z 03-13
The Mayor noted for the record a letter from the applicant requesting a
continuance and a request for a study session for SPE 03-05 and SPE 03-06.
Gerry De Young, representing the applicants, noted that he did not engage in
conversation at the previous study session in that it did not seem appropriate at
that time. He stated that he would like to have a study session to review the
nuances of these projects.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to continue action on SPE 03-05 to February 2,2004.
The Mayor noted a Small Project Exemption request to allocate 17 lots, for a
single family subdivision on 96 acres in an Rl (Single Family Residential) zone,
located north of Rodeo Drive, east of Cheyenne Drive. Rancho Meadows Inc.,
applicant, SPE 03-06.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to continue action on SPE 03-06 to February 2,2004.
The Mayor noted an Ordinance of the City of Gilroy amending and revising the
Gilroy Zoning Ordinance and the Gilroy Zoning Map, City of Gilroy, applicant, Z
02-09.
Motion was made by Councilman Dillon, 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.
Motion was made by Councilman Dillon, seconded by Councilman Arellano
and carried to introduce an Ordinance of the City Council of the City of Gilroy
approving Z 02-09.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in zoning designation from C3 (Shopping
Center Commercial) to Rl (Single Family Residential) on approximately 2.5 acres
at 6555 Monterey Road, APN 799-46-007, James Suner, applicant, Z 03-09.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
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 Morales, seconded by Councilman Dillon
and carried to introduce an Ordinance of the City Council of the City of Gilroy
approving Z 03-09.
The Mayor noted an Ordinance of the City Of Gilroy repealing Section 35 in
its entirety and adding a new section 35 of the Gilroy Zoning Ordinance and
establishing regulations and standards for the processing of applications for
Wireless Telecommunication Facilities, Antennas, and Windmills at sites in the City
of Gilroy. City of Gilroy, applicant, Z 03-13.
The City Administrator noted minor changes made to the ordinance, and two
minor typographical changes were noted on Page 21 at the top of the page (change
Contorl to Control and change authorized to unauthorized).
Motion was made by Councilman Morales, seconded by Councilman Dillon
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 Morales, seconded by Councilman Arellano
and carried to introduce an Ordinance of the City of Gilroy repealing Section 35 in
its entirety and adding a new Section 35 of the Gilroy Zoning Ordinance and
establishing regulations and standards for the processing of applications for
wireless telecommunication facilities, antennas, and windmills at sites in the City of
Gilroy.
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The City Administrator thanked Community Development Director Rooney
and her staff and members of the community for assistance in developing this
ordinance.
Councilman Gartman recused himself from discussion and vote on the next
item, due to his employment with the Gilroy Unified School District, stepped down
from the dais, and left the Council Chambers.
Res. 2003-71
A 00-01
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilmembers Arellano and Springer voting no and Councilman
Gartman absent) to adopt Resolution No. 2003-71 making determinations and
approving the reorganization of territory designated "Day Road Reorganization
No. 00-01," property located contiguous to and north of the City limits and
beginning at Santa Teresa Boulevard and extending northwest along Day Road
approximately 66.8 acres (APNs 783-16-020, 783-16-022), Glen Loma Group,
applicant, A 00-01.
RESOLUTION NO. 2003-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED "DAY ROAD REORGANIZATION NO. 00-
01," PROPERTY LOCATED CONTIGUOUS TO AND NORTH OF THE CITY
LIMITS AND BEGINNING AT SANTA TERESA BOULEVARD AND
EXTENDING NORTHWEST ALONG DAY ROAD APPROXIMATELY 66.8
ACRES (APNS 783-16-020, 783-16-022), GLEN LOMA GROUP, APPLICANT,
A 00-01.
PASSED AND ADOPTED this 20th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, MORALES, PINHEIRO, and
VELASCO
NOES: COUNCILMEMBERS: ARELLANO and SPRINGER
ABSENT: COUNCILMEMBERS: GARTMAN
Councilman Gartman returned to his seat at the dais.
l Ag Mitigation The Mayor noted the Conservation and Open Space Easement Program:
Policy Agricultural Mitigation Policy as recommended by the Agricultural Task Force and
as outlined in the General Plan Environmental Impact review, establishing the
criteria for mitigation of agricultural lands converted to urban uses. City of Gilroy,
applicant, M 02-12.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to continue this item to the meeting of November 17,2003 at the
request of staff.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Note of thanks from Mary Tyler Moore for enacting a proclamation which
recognizes farm animals as "sentient beings";
Letter of appreciation from Julie, Jeff and Jarrod Silva to Captain Joshua
Valverde, Firefighter Jim Buessing, Fire Medic Shaun Peyghambary, Fire Medic
Intern Jim Dempsey and Captain Art Amaro for exemplary customer service when
they were stranded in Gilroy; and
Note of thanks from Norma Munoz to the Neighborhood Services Division for
bringing their services to Costco.
Informational items:
Gilroy Economic Development Corporation minutes of September 12, 2003;
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Silicon Valley Biz Ink article entitled Moneyflows into affordable housing
pr~jects dated October 10, 2003;
Housing Trust of Santa Clara County Quarterly Report for September, 2003;
Letter from Jay Baksa to Mayor Kennedy regarding exploring a joint fire
protection agency to service the South County area;
2003 Annual Conference Resolutions Final Report; and
Letter to State Water Resources Control Board from Mayor Springer
opposing fee increases for the NPDES and WDR permits.
Personnel Com. The minutes of the Personnel Commission meeting of August 11, 2003 were
8-11-03 noted.
City Attorney
Opinion
The City Administrator requested the Councilmembers bring their previously
distributed copies of the CEQA threshold study and the staff report on ag
mitigation to the study session on October 27, 2003.
The Mayor noted the City Attorney opinion regarding whether a citizen can
hold office on the City Council and Gavilan College Board simultaneously.
The Mayor noted the ABAG Fall General Assembly meeting to be held on
Friday, October 24,2003 in San Francisco. Councilman Morales volunteered to
attend the meeting.
The Mayor noted that the Council held a Closed Session prior to this meeting
regarding the City Administrator's performance evaluation, and at the City
Administrator's request, that he be granted no additional compensation except for
the yearly contractual cost ofliving adjustments, due to budget concerns.
The Mayor requested a resolution be placed on the November 3,2003 agenda
freezing compensation for the Mayor and Councilmembers.
The Mayor noted a request by residents of the Los Arroyos neighborhood
regarding applying for grants that could be used to improve Los Arroyos Park to
enhance it.
Mary Hohenbrink, resident of Ventana / Los Arroyos neighborhood, stated
that their group has found some grants available for their neighborhood. She
noted that they could use the grant money for sod, to plant more mature trees, or
to upgrade the play equipment for the proposed park. She asked to see some of
the budget items for the park, so that they could possibly improve the park. She
noted that volunteers would also like to help construct and plant the park on Arbor
Day.
The Mayor noted that this would be referred to staff to work with the
neighborhood association within the context of the Master Plan.
The Mayor recognized the City Administrator and staff for the commitment
and vision to complete the gymnasium at Ascencion Solorsano Middle School. He
noted that the City Administrator sunk the first basket at the gym.
Councilman Gartman requested that the candidates be reminded of the sign
ordinance, so that signs are not placed in the public right of way.
Councilman Arellano noted the City vision of working in partnership with the
Gilroy Unified School District regarding construction of the gymnasium and the
Los Arroyos neighborhood for working on the park with the grants.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
r
I
Adjournment
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OCTOBER 2003
20 Closed Session - City Administrator Performance Review - 6:00 p.m., Gilroy
City Council Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
21 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
27 Study Session - Agricultural Mitigation Program and CEQA Thresholds of
Significance Study - 6:00 p.m., Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
NOVEMBER 2003
3 Study Session - 2004 CDBG Prioritization Process - 6:00 p.m., Gilroy City
Council Chambers
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 Study Session - Review and Approve Redesign Documents and Draft Master
Plan Update Alternatives for the new Police Facility - 6:00 p.m., City Council
Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
21 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00
a.m., Chamber of Commerce Board Room, 7471 Monterey Street
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2003
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council
Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 8:40 p.m. the Mayor adjourned the meeting.
~eS'le. ,,!fu.. . ..IlY SUbmi~...ed. .
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Is/ RHONDA PELLIN, CMC
City Clerk