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The state’s highest court Aug. 23 reached a decision in a Morgan Hill case that questions a 30-plus-year-old interpretation of zoning law in California.

A Santa Clara County Superior Court judge has added a Morgan Hill school trustee candidate to the November ballot, upholding an appeal by the candidate, Vanessa Sutter, who argued she had been given wrong information about the filing deadline by a county elections clerk.

AccidentA vehicle crashed into a light pole across the street from the Morgan Hill Police Department, 16200 Vineyard Boulevard. The vehicle damaged the pole and continued traveling past the collision scene. Police caught up with the damaged vehicle on Tennant Avenue and located a passenger who suffered non-life threatening injuries including a cut to his head. The passenger was treated at a nearby hospital. The driver allegedly fled the scene and was not immediately located, according to police reports. The accident was reported 10:44pm Aug. 16.A Dodge truck hit a palm tree at the intersection of Half and Condit Road. Three subjects in the vehicle appeared to be uninjured. The accident was reported at 4:01pm Aug. 15.Petty theftSomeone stole about $30 worth of markers from Hobby Lobby, 990 Cochrane Road. The crime was reported 5:39pm Aug. 21.A suspect stole a pair of running shoes and clothing from Big 5 Sporting Goods, 150 Cochrane Plaza. The theft was reported 12:20pm Aug. 22. The suspect grabbed the merchandise and ran outside, into a U-Haul truck in the parking lot.Someone stole a wallet from an unlocked Ford Explorer on Torrey Court. The crime was reported 8:19am Aug. 19.A thief or thieves stole tools from the front porch of a residence on Gallop Drive. The value of the stolen items was about $3,300. The crime was reported 5:21pm Aug. 16.Someone stole a gray Schwinn bicycle with a small white rack on the rear tire from outside Nob Hill Foods, 451 Vineyard Town Center. The theft was reported 7:15pm Aug. 16.A suspect or suspects stole a patio chair from a residence on Piazza Way. The theft was reported 5:38pm Aug. 10.Stolen vehicleA thief or thieves stole a white 2001 GMC Yukon from a spot on East First Street. The theft was reported 7:35am Aug. 22. The victim also told police his credit cards were used at a gas station in Gilroy, shortly after the vehicle was stolen. A black Honda Accord, previously reported stolen to Morgan Hill Police, was recovered on Monterey Road. The vehicle’s battery and radio were missing, but the car was not “stripped or burned,” according to police reports. The vehicle was reported recovered at 5:09pm Aug. 16.DisturbanceMultiple witnesses reported a silver Mercedes S-Class was spinning donuts in the area of Llagas Road and Hale Avenue. The disturbance was reported 10:48pm Aug. 18.Auto burglaryA thief or thieves broke into a Toyota Highlander and a Toyota Landcruiser on Farallon Drive. The crimes were reported 2:11pm Aug. 19.Someone broke into a black Mercedes on Serra Avenida and ransacked the vehicle. The crime was reported 7:53am Aug. 16.A thief or thieves broke the rear window of a Chevrolet Silverado on Condit Road. The crime was reported 9:32am Aug. 16.Someone broke into a white Audi on Padua Court and stole a garage door opener. A donut and chocolate milk container were left in a bag next the vehicle. The crime was reported 7:34am Aug. 15.Animal controlA woman reported a kitten was stuck in the engine compartment of an abandoned vehicle on Barrett Avenue, and she asked for assistance to remove the kitten. The animal was removed and reunited with its mother. The incident was reported 7:58pm Aug. 19. TheftTwo suspects stole two boxes of tools from Home Depot, 860 E. Dunne Ave. The crime was reported 12:50pm Aug. 20.RobberyTwo suspects, described as black men in their late teens or early 20s, stole a number of watches and phones from the T-Mobile store, 1041 Cochrane Road. The suspects stole the merchandise and fled the store on foot, and might have been associated with a maroon Nissan sedan. The crime was reported 7:34pm Aug. 15. A witness who called police said the same suspects stole items from the store in a previous incident, according to police reports. FightThree men were seen beating up another man in the area of CineLux theater, 750 Tennant Station. Police arrived and located a victim lying on the ground. No suspects were arrested. The crime was reported 1:08am Aug. 11.All subjects are innocent until proven guilty. Information is compiled from public records.

California voters may have approved the legalization of cannabis, but the Board of Supervisors in Santa Clara County, the state’s sixth-most populous county, has dropped plans to extend a moratorium on growing or selling cannabis, and instead is set to vote to ban pot growth altogether.

The 40-year dream of restoring passenger rail service—stoked by increasing population and traffic congestion—from Gilroy south to Salinas and/or Hollister has found new life in two counties.Monterey County officials this week began construction of an $81 million project to build a new train station and other railroad upgrades, which they claim could bring daily railroad service to Gilroy and the Bay Area by 2020.Meanwhile, San Benito county transportation officials this spring received a $150,000 grant for an “in-depth feasibility assessment of public transit projects, including passenger rail, to help reduce congestion along Highway 25.”One problem: No railway company has committed to, or even expressed an interest in, providing the rail service.The Capitol Corridor Joint Powers Authority, which contracts with BART to operate rail service between Sacramento and San Jose, is the latest favorite of the Transportation Agency of Monterey County for the San Jose-Gilroy passenger rail.Caltrain, the initial choice, told this newspaper, “There has been no commitment made that Caltrain would be responsible for operating the service” from San Jose to Salinas through GIlroy.Six Caltrain trains—three northbound in the early morning commute and three southbound in the evening commute—currently connect the Bay Area to and from the Gilroy station, with stops in San Martin and Morgan Hill.Some folks may still remember the last passenger train to stop in Hollister at the Fifth Street depot, on Oct. 30, 1955. The Gilroy-to-Hollister rail route opened in 1871. The old train station since 2007 has been the home of El Epazote Restaurant.WIth much fanfare, Monterey officials held a groundbreaking ceremony Aug. 9 at the Salinas Train Station to celebrate “the Monterey County Rail Extension–Kick Start Project” to extend passenger rail service from Santa Clara County to the City of Salinas.“The project will provide an alternative to traffic congestion, thereby reducing commuter stress and increasing productivity. The extension will provide access to jobs, health care, education and shopping, and expand transportation options for the young, elderly and disabled,” touted the Monterey agency in a press release. The event was cited as “an unprecedented collaboration of state and regional transportation agencies, along with local jurisdictions.”The proposed route would follow Union Pacific tracks that roughly parallel state Highway 129. The lone Amtrak train, the Coast Starlight linking San Diego and Vancouver, follows this route—northbound in the early evening and southbound mid-mornings. This is the closest passenger train to Hollister, but the San Benito Council of Governments will be studying its own possible Caltrain extension. A Tres Pinos branch line of this rail route extends east past San Juan Bautista to Hollister.The Union Pacific is the main rail freight system in the region. One Salinas city councilmember last week said that Monterey officials would also be reaching out to Union Pacific as a possible provider of the new passenger service, but the railway stopped all of its passenger trains in the U.S. in 1971.Plans to link either the Capitol Corridor, which now ends in San Jose, or Caltrain, which now ends service at Gilroy, could be in place “optimistically by 2020,” said Christina Watson of the Transportation Agency for Monterey County.Originally, the project was to extend Caltrain to Salinas, according to Monterey County officials.Then the plan changed to extending the Capitol Corridor train, which connects Sacramento with San Jose.Another project in the mix is the California High Speed Rail, which would reach from Gilroy to Merced, then to Los Angeles.Caltrain, along with many other regional rail operators and the state, has been involved with planning efforts to establish rail service between Monterey County and the Bay Area. However,  there has been no commitment from Caltrain to be responsible for operating the service.“The Transportation Authority of Monterey County has been working on this effort for many years, but the effort is still in its infancy and no operator has been identified,” Caltrain said in a statement this week in response to inquiries from the Dispatch.“Significant planning, capital improvements, actions and agreements involving many parties would be required before any service could be considered for operation. As a key part of the region’s rail network, Caltrain staff will continue to participate in these discussions.”The Council of San Benito County Governments and San Benito County Local Transportation Authority, which oversees San Benito County Express, received a $150,000 competitive SB1 transportation planning grant award from Caltrans. The funds will be dedicated to an in-depth feasibility assessment of public transit projects, including passenger rail, to help reduce congestion along Highway 25.Highway 25 is highly congested during weekday commute hours due to the large number of residents commuting to Santa Clara County. The average daily traffic at the San Benito/Santa Clara county line has more than doubled since the mid-1990s due to rapid population growth and commute trips, and is expected to double again by 2040.The study will include public engagement, stakeholder participation, the evaluation of public transit projects, high-level implementation strategies, project cost estimates and the identification of funding strategies, COG said in a press release.Work with a consultant began this summer with community outreach starting later this year.Project updates and information on how to get involved will be provided on the San Benito County Express website at www.SanBenitoCountyExpress.org.    Senate Bill 1 provides approximately $5.4 billion in annual funding to fix roads, freeways and bridges and puts more dollars toward transit and safety. For complete details on SB 1, visit the state’s website at http://www.rebuildingca.ca.gov.Census information indicates that 48.9 percent of employed San Benito County residents commute outside of the county for employment. As the population of the county continues to increase at a rate higher than the employment opportunities, current congestion issues for personal automobiles will continue to increase, including along Highway 25.

When cool and creamy meets tangy and fruity, what do you get? Sweet endings to a porch supper, a backyard barbecue or a meal under the stars.

The domestic violence case against Morgan Hill City Councilmember Larry Carr was dismissed Aug. 20, after the alleged victim refused to answer questions under oath during a brief bench trial.Prosecutors from the Santa Clara County District Attorney's Office asked the judge to dismiss the charges, acknowledging that without the woman's testimony they couldn't prove Carr committed the crime of domestic battery. “We evaluate every case based solely on the evidence we can present in a courtroom,” Santa Clara County Deputy D.A. Vishal Bathija said after the Aug. 20 trial. “Often we can and do proceed with a prosecution even when a victim refuses to testify. Unfortunately in this case, the weight of the evidence rested in the testimony of the victim.  Because the victim refused to tell the judge what happened on the night of Nov. 25, 2017 or during the 2015 incidents, we could not prove the charge beyond a reasonable doubt.”Carr, 49, waived his right to a jury trial on the charge of misdemeanor domestic battery, which the D.A.’s Office filed against him in relation to a November 2017 incident with his live-in girlfriend at the time, Barbara Ristrim. The Aug. 20 trial was a bench or court trial, a proceeding in which the judge is tasked with weighing the evidence and testimony, and determining the defendant’s guilt or innocence.Carr pleaded not guilty to the charge at a previous hearing.The alleged battery incident took place at the home Carr shared with Ristrim in downtown Morgan Hill, following a lengthy verbal argument Thanksgiving weekend. Ristrim told police just before Carr was arrested the night of Nov. 25, that Carr had broken her glasses and pulled her hair during the argument. Carr told police any contact he made with Ristrim was accidental.Ristrim’s sister, who had been on the phone with Ristrim during the argument, called local police that evening to report the alleged battery, according to police reports.Ristrim, who now lives in San Ramon, appeared at the Aug. 20 trial. She sat next to Carr, as she has at recent hearings in the case, and the two walked out of the courtroom together following the trial.During her testimony Aug. 20, Ristrim refused to answer most questions when she took the witness stand in response to a subpoena that had required her to appear. She sat with her attorney Wesley Schroeder by her side, repeating “no answer” each time Deputy D.A. Murat Ozgur asked her a question about her former residence and the domestic violence allegations against Carr.Ristrim only answered questions asking her for her name and the city where she lives.The judge, at the request of Ozgur, verbally ordered Ristrim to answer the prosecutor’s questions. Ozgur again asked Ristrim the same list of questions, but she again declined to answer.Superior Court Judge Jacqueline Duong then told Ristrim she would be held in contempt of court if she refused to answer Ozgur’s questions, and she still refused.The judge held Ristrim in contempt for disobeying the court’s order to answer the prosecutor’s questions. Duong ordered her to attend classes for domestic violence victims.California Civil Procedure code states that the court cannot detain or imprison a victim of domestic violence for contempt. Instead, the court “may refer the victim for consultation with a domestic violence counselor,” according to the state code, section 1219.Schroeder said during the trial that he advised Ristrim not to answer any questions during her testimony, based on “extensive discussions” in which she told him she did not want to testify.After Ristrim repeatedly refused to testify about the November incident, Ozgur verbally moved to dismiss the charge of domestic battery against Carr. Ozgur acknowledged that the court’s options to compel Ristrim to testify are “limited.”Duong declared the case against Carr dismissed, due to “insufficiency of evidence, based on the complaining witness’ refusal to testify.”The judge also terminated a peaceful contact order against Carr, regulating the type of contact he could have with Ristrim after he was charged with the misdemeanor. The judge issued that order in February.Bathija said after the trial that prosecutors had issued subpoenas ordering multiple witnesses to testify, including Morgan Hill Police officers who responded to and investigated the November incident. However, without Ristrim’s testimony, the D.A.’s office couldn’t make the case that Carr committed the crime of domestic battery.In 2015, Carr pleaded no contest to a misdemeanor charge of domestic battery. That conviction was related to a March 2015 incident, also involving Ristrim, at the couple’s previous home in Morgan Hill. Carr completed a 16-week counseling program as his sentence for the 2015 conviction.Carr has also denied acting violently in that incident, and said he pleaded no contest to avoid prolonged court proceedings.Outside the courtroom after the Aug. 20 trial, Carr said he and Ristrim have supported each other throughout the court proceedings related to the November 2017 incident.“From the beginning we have asked for patience and privacy for Barbara and I,” Carr said. “We’re trying to move on now and get this behind us.”Carr’s attorney, Stuart Kirchick, added that Carr is glad the case is over with so that he can continue to “serve the people of Morgan Hill.”Carr is currently in his fifth term as a Morgan Hill councilmember.

A motorcyclist died after colliding with a tractor-trailer in a Morgan Hill traffic accident during the afternoon rush hour Aug. 17, according to the California Highway Patrol.Authorities identified the motorcyclist as Vanessa Rodriguez, 30, of Sunnyvale.The accident occurred about 2:21pm Aug. 17, when Rodriguez was driving a black Honda Rebel motorcycle, at an unknown speed, southbound on U.S. 101 just north of Cochrane Road, according to the CHP.As the motorcycle approached the Cochrane Road exit, Rodriguez was splitting traffic by traveling between the two traffic lanes on the right side of the freeway, police said. For an unknown reason, Rodriguez lost control of the motorcycle and collided with the left side of a trailer pulled by a 2015 Freightliner big-rig. The truck was traveling in the far right southbound lane of U.S. 101.The collision caused Rodriguez and the Honda motorcycle to slide under the Freightliner’s trailer. Rodriguez and the motorcycle became entangled with the trailer’s rear axle, and were dragged for about 100 yards before the truck came to a stop, according to authorities.Paramedics who responded to the emergency attempted to render aid to Rodriguez, but were unable to revive her at the scene, police said.Authorities do not think alcohol or drugs were a factor in the collision.

Students at San Martin/Gwinn Elementary School flocked to the school cafeteria for a special visit with some famous feathered friends Tuesday, Aug. 7.The school, offering an Environmental Science Academy and Dual Immersion program, worked with the Bookmobile service of the Santa Clara County Library to bring the birds on campus.Julie Cardoza and her husband Ed have operated Happy Birds out of San Martin for nearly 30 years and have appeared with their parrots on The Tonight Show, Pet Star and The Ellen Show.The couple brought six singing parrots to Gwinn and performed a show featuring more than 25 tricks for nearly 40 students.“They’re really intelligent and need a lot of attention,” she said. “This has been a great way for us to present our birds and educate people about the responsibility of having parrots.”Cardoza said she and Ed each had a passion for birds, and it has become their specialty over the last three decades.The Cardozas and their parrots have been featured in the Guinness Book of World Records three times for fun tricks including most bottle caps removed, most cans opened in a minute and most slam dunks—featuring a mini basketball and hoop.“This is all self-taught. We started when we were kids,” said Cardoza, adding that their education has included extensive research, reading and consulting with avian veterinarians. “You can feel it. A lot of parrot experience is like that.”Few people in the area work with birds quite like Happy Birds, she said.“We have been the only bird show in the area for the past 30 years,” said Cardoza. “There’s a lot of care involved when we’re not doing the show. The animal acts are something you don’t see anymore. This is pretty fun, and we enjoy it.”Happy Birds provides education and entertainment to private events, birthday parties and corporate functions throughout the South Valley and as far north as San Francisco.For details about upcoming public performances or to hire Happy Birds, visit happybirds.com.

The Nov. 6 ballot will see highly contested races for the Morgan Hill City Council this election.