Uncategorized

Few players have had quite the journey that Mitch Hickey has been on. The 2014 Live Oak High graduate was a 28th-round selection of the New York Mets in the recent Major League Baseball Draft, the latest milestone in a career filled with them. The amazing thing is, Hickey’s story is far from finished.

From San Jose south down U.S. 101, most folks who live in the valley have little idea what happens in the hills that surround them. The rolling hills are full of life, though, and the cattle industry practiced since the Spanish Vaqueros still thrives.

Local residents and public agencies have until July 30 to comment on the first-draft environmental impact report (EIR) for the Cordoba Center mosque and community center proposed in San Martin.Singled out in the document summary as a “significant and unavoidable impact” are the proposal’s “project-generated greenhouse gas emissions.” These are associated with both the construction and ongoing operation of the Cordoba Center, according to the EIR. The document proposes a number of “mitigation measures” for this impact, as well as all potential effects of the project on the environment and its surroundings.A May 30 public notice from the Santa Clara County Department of Planning and Development welcomes “your comments regarding the significant environmental effects of this project and the adequacy of the draft EIR.” Comments can be submitted in writing by mail or email, or by telephone.The county has scheduled a public meeting to receive verbal comment on the EIR draft for July 12 at 7 p.m. at the Morgan Hill Community and Cultural Center, 17000 Monterey Road.The Cordoba Center is proposed by the South Valley Islamic Community on a vacant 15.8-acre parcel at Monterey Road and California Avenue in San Martin. The 230-page draft EIR, commissioned by the county as a required step in the ongoing project approval process, lists all the potential impacts of the proposal on the local environment and public facilities—including impacts on groundwater, carbon emissions, vehicle traffic, visual surroundings, cultural resources and noise.The Cordoba Center is proposed as a “multi-use religious and cultural center to serve the Muslim community of south Santa Clara County,” according to a letter from county staff introducing the draft EIR.Proposed structures include a two-story mosque (about 9,000 square feet), a two-story community building (about 14,500 square feet), outdoor community plaza (about 15,000 square feet), cemetery located on 3.55 acres on the western side of the property, maintenance building, caretaker’s dwelling, youth camp, playfield/playground, orchard and associated site infrastructure including a bioretention swale and connected retention pond.After the public comment period on the draft EIR ends July 30 at 5 p.m, county staff will spend the next several weeks responding to each comment submitted by the public and the applicant. After that, the project will be filtered through the San Martin Advisory Committee and the county planning commission before the board of supervisors votes on the center’s site plan. County staff have said the public hearings before these bodies could begin this fall.If the county approves the project, SVIC can begin to seek permits. The applicant estimates it can complete the Cordoba Center’s construction by 2021.The draft EIR includes photos of the current state of the property as well as simulated images of how the Cordoba Center would look at the San Martin site. It also includes drawings and elevations for the project, as submitted by SVIC.SVIC spokesman Hamdy Abbass said he has “thumbed through” the draft EIR, which was released to the public May 30. He said so far through his reading of the document, nothing stands out as unexpected other than the potential greenhouse gas impact. Overall, he calls the draft environmental assessment “positive” for the SVIC and the community of San Martin.“We’re not seeking any variance from anybody. We never did and never will. We’ll follow the advice and guidelines of the county, to do what is right for all of us,” Abbass said.The SVIC represents about 400 residents of South County. Members currently pray and worship in a renovated barn in San Martin.

Attorneys for the city of Morgan Hill argued before the California Supreme Court last week in a case that pits the people’s ability to challenge local elected bodies’ decisions against private property development rights.The case, City of Morgan Hill vs. Bushey, plunges deeply into the technical nuances of how the California Constitution allows cities and other government entities to apply land use designations when faced with public pressure through the established, uncontested ballot referendum process.The legal battle, which has reached the state’s highest court after more than three years, started when the Morgan Hill City Council in March 2015 rezoned a 3.39-acre parcel on the southeast corner of Madrone Parkway and Lightpost Way from industrial to general commercial. Riverpark Hospitality requested the rezoning, and planned to build a 149-room hotel on the site.The council later rejected a petition—filed by the Morgan Hill Hotel Coalition and signed by more than 4,000 voters—to repeal the new zoning or put the question to the voters in a general election.In January 2016, the MHHC sued the city for violating the state elections code by rejecting the certified, voter-initiated petition. In February 2016, then-interim City Attorney Gary Baum revisited the council’s original rejection of the petition. He recommended the council approve a ballot measure asking the voters if they wanted the Riverpark property to retain its original industrial zoning, but at the same time challenge the measure in court by filing litigation against Santa Clara County Registrar of Voters Shannon Bushey.Santa Clara County Superior Court sided with the city in a March 2016 ruling.The MHHC appealed that decision, which was overturned in the coalition’s favor May 30, 2017, by the California Sixth Appellate District Court.The city appealed that decision, and on May 30 attorneys for the city, Riverpark Hospitality and MHHC posed their arguments before the state’s six Supreme Court justices, who followed up with a number of incisive questions of the three parties. The hearing took place at the Earl Warren building in San Francisco.The Supreme Court will issue its decision within 90 days of last month’s hearing.Riverpark Hospitality is listed as “real party in interest/appellant,” and the MHHC is listed as “real party in interest/respondent” in the case.  The case has been closely watched by some California land use attorneys, who are eager to see how the outcome could impact their municipal and private development clients.The City Council hired the firm Leone & Alberts to represent the council in the litigation and to present arguments in court.City Attorney Don Larkin commented on the significance of the case.“The court is reviewing a rule that’s been in place for more than 30 years,” Larkin said. “For the first time (in 30 years), they’re looking at weighing the rights of the voters against the property interests of property owners—two significant competing constitutional issues they’re looking at.”The city has consistently argued that if the council had approved the Riverpark zoning referendum and the voters decided to keep the property zoned industrial, that would create an illegal inconsistency between the zoning ordinance (industrial) and the city’s general plan (commercial).However, the MHHC has argued the city could rezone the Madrone/Lightpost property as one of 12 commercial classifications permitted in Morgan Hill’s zoning code—even if these other zones do not allow hotel use.MHHC, which represents a number of local hotel owners, also argued against the initial rezoning request, citing fears of the proposed hotel’s impact on the existing market.Attorney Asit Panwala, whose parents own the Comfort Inn in Morgan Hill, argued before the Supreme Court on behalf of the MHHC.Experts offer thoughtsMegan Cesare-Eastman, a former deputy city attorney for the City and County of San Francisco, watched the May 30 arguments on the Supreme Court’s live webcast. She said the court’s challenge is to “strike that balance” between cities’ ability to “enact zoning that is consistent with the general plan (and) the people’s right to referendum, to shoot down different types of ordinances they disagree with.”Cesare-Eastman, who now works for the San Francisco-based firm Conrad and Metlitzky, added, “The people’s referendum power is a constitutional right that provides the people with a means of checking legislation before it goes into effect.”Historically, the Supreme Court has been reluctant to curb this right, she added.“I think the court has routinely shot down any sort of challenges to sweeping powers of referendum and initiative,” Cesare-Eastman said. “I find it unlikely that the court would restrict the right of referendum in this context.”Bryan Wenter—a Walnut Creek land use attorney who represents developers, property owners and public agencies—noted that in the Morgan Hill case, the Supreme Court could upend a 1985 ruling that established a clear “bright line rule” that has “created certainty for developers” for more than three decades.Wenter, who also watched the May 30 hearing online, predicts the justices will rule in favor of the MHHC, based on their questions in court.“This will lead to more referenda, more litigation,” said Wenter, who works for the Miller Starr Regalia firm and writes a blog on land use law. “Citizens could run forward with a referendum every time a public agency tries to create consistent zoning. What would happen to public agencies if the public is able to referend every decision?”He added, “It has the potential to make it harder to accomplish development.”“If you have a sufficiently motivated community that doesn’t like a certain project, that is a tool that is going to be used to prevent, repeatedly, the democratically elected governing body from moving forward with the project they chose to support,” Wenter said.Larkin noted that the Supreme Court, unlike the lower courts, “gets to determine the law” and therefore does not have to rely on established case law to make its ruling.“Our hope is they give us some clear guidance for the future, regardless of where they come out,” Larkin said.

Before all the votes were counted Tuesday night, incumbent Laurie Smith and retired Undersheriff John Hirokawa said they were preparing for a runoff battle for Santa Clara County Sheriff.

Early returns from the four counties in the sprawling 30th Assembly district left no doubt about the front-runner, San Benito County Supervisor Robert Rivas. He will likely face first-time Republican candidate Neil Kitchens in a November runoff, as fellow Democrat and Gilroy City Councilman Peter Leroe-Muñoz trailed late Tuesday.With 54 percent of partial returns from mostly rural precincts at 11:15pm, the California Secretary of State reported Rivas leading balloting with 44 percent, with Kitchens at 32 percent and Leroe-Muñoz at just 11 percent.“I’m elated, and I’m grateful to the voters of Assembly District 30,” Rivas said election night. “I’m ready to continue in November, to talk about the issues important to the voters in this district and California.”The Rivas campaign, accompanied by mariachi music, food, drinks and a generally festive mood, exuded confidence in the early results.With the Democratic vote split, Kitchens, a national delegate for the Republican National Committee, emerged as the likely foe for Rivas on the runoff ballot. Kitchens has listed his jobs as a professional forester, rancher, lawyer, criminologist, real estate investor and residential property manager.District 30 includes San Benito County and parts of Santa Clara, Santa Cruz and Monterey counties, including the cities of Morgan Hill, Gilroy and Hollister, with about a half million residents.The district is currently represented by Anna Caballero, who is running for state senate in the 12th District.Leroe-Muñoz, is a former San Benito County deputy district attorney who works in San Jose for the tech industry’s Silicon Valley Leadership Group, and ran on a public safety and economic development platform.Two-term Supervisor Rivas was a leader in the successful anti-fracking measure in San Benito County who ran a primary campaign emphasizing diversity and his rural roots, which has been heavy on endorsements, including Caballero, civil rights leader Dolores Huerta, and the political arms of the state teachers, nurses and public employee unions.

School resource activityTwo students were suspended from Live Oak High School for vaping THC, a marijuana product, on the school’s 1505 E. Main Ave. campus. The vape pipe was confiscated by a school employee. The incident was reported to police 3:17pm May 24.FightPolice responded to a gang fight in the rear parking lot of the M&H Tavern, 17365 Monterey Road. A victim with an injury to his face declined medical attention. The fight was reported 10:11pm May 27. BrandishingA woman reported she was standing outside The Hill, 17330 Monterey Road, about 12:30am May 26, when a group of patrons from the M&H Tavern across the street threatened them and brandished knives.Grand theftThree male suspects stole several iPhones from the T Mobile store at 1041 Cochrane Road. The suspects allegedly matched a crew that has been stealing electronic devices from similar stores throughout the state. The theft in Morgan Hill was reported 4:27pm May 27.Someone stole 15 jerseys from Big 5 Sporting Goods, 1011 Cochrane Road. The crime was reported 5:06pm May 26.AccidentA blue Dodge Charger collided with a white Toyota Highlander near the intersection of Tilton and Dougherty avenues. Nobody involved in the accident reported any injuries. The accident was reported 2:59pm May 25.Petty theftTwo young men stole a bottle of tequila worth about $22 from Fast Stop Food Store, 15878 Monterey Road. The theft was reported 9:10pm May 25.Someone stole a rear license plate off a vehicle that was parked at a Morgan Hill shopping center. The theft was reported 6:57pm May 22.A thief or thieves broke into a Ford F150 pickup parked on Katybeth Way, and stole an iPad worth about $700. The crime was reported 12:55pm May 19.TheftA thief or thieves stole a gym bag containing an ID and credit cards from a locker at 24 Hour Fitness, 850 Tennant Station. The victim said someone cut his lock off the locker. The crime was reported 7:51pm May 22.Auto burglaryA thief or thieves broke into a vehicle parked at Monterey Road and First Street, and stole a purse, wallet and ID card. The victim also told police a screwdriver had been punched into the ignition. The crime was reported 3:34pm May 26.Someone broke into a brown Land Rover parked at Morgan Hill Athletic Club, 126 Cochrane Plaza. Stolen was a cell phone. The crime was reported 8:54pm May 22.A thief or thieves broke into a yellow Ford Mustang parked outside Red Robin, 1045 Cochrane Road. The crime was reported 10:38pm May 23.Someone broke into a Ford Escape parked outside Anytime Fitness, 795 Cochrane Road, and stole a bowling bag. The crime was reported 10:55pm May 23.A thief or thieves broke into a Chrysler Caravan and a Ford Ranger on Le Sabre Court. Stolen were vehicle registration, tennis equipment, tools and cell phones. The crimes were reported 12:14pm May 19.BatteryFollowing a disturbance between a female and male customer at Ladera Grill, 17305 Monterey Road, the woman retrieved her husband who entered the restaurant and physically attacked the male customer. The battery was reported 10:39pm May 24.A student of Sobrato High School, 401 Burnett Ave., was hit on the head four or five times by a classmate as he was walking out of class. The attack split the victim’s head open, resulting in bleeding. The incident was reported 4:13pm May 23.Drunk in publicA student at Sobrato High School, 401 Burnett Ave., was allegedly intoxicated while on campus during school hours. The male student’s father picked him up from school. The incident was reported 11:27am May 24.BurglaryA resident of Wright Avenue returned home to find the front door open and the windows next to the door smashed out. It appeared a broken garden statue nearby was used to smash the windows. The crime was reported 6:37pm May 21.A homeowner on Jasmine Way returned home to find the front door had been forced open and the residence ransacked. The burglary was reported 11:12am May 18.DisturbanceThree male teens were seen skateboarding down the downtown parking structure, 50 E. Third Street. The disturbance was reported 6:46pm May 18.Animal controlSomeone reported a goat on the side of the road in the area of Hill Road and Barrett Avenue. The goat was reported 8:32am May 19.Stolen vehicleA white Cadillac Escalade was stolen from a spot on East Dunne Avenue. The theft was reported 7:16am May 28.Someone stole a white work van with the words “Duplan Construction” on the side. The vehicle had been parked on Berkshire Drive. The theft was reported 6:23am May 27.A white GMC Sierra pickup was stolen from a spot on Butterfield Boulevard. The crime was reported 1:04pm May 27.A thief or thieves stole a white 2013 Ford Escape from a parking spot at the Centennial Recreation Center, 171 W. Edmundson Ave. The crime was reported 6:58pm May 19.Someone stole a blue Nissan Rogue from the zero block of West Second Street. The crime was reported 2:50pm May 16.Recovered stolen vehicleA 1997 Honda Civic, previously reported stolen, was recovered outside McDonald’s in Cochrane Plaza. The vehicle was recovered 7:53pm May 20. Petty theftSomeone stole key chains and pencils from Star Gifts, 626 Tennant Station. The crime was reported 12:19pm May 18. All subjects are innocent until proven guilty. Information is compiled from public records.

While most Americans drift further and further from their agricultural past, the business of farming in the Valley of Heart’s Delight is still booming. But it is changing—and technology is a big part of that. On Tuesday, May 22, the Silicon Valley Business Journal hosted “Disruption on the Farm,” a panel discussion that included California Secretary of Food and Agriculture Karen Ross, former state ag Secretary A.G. Kawamura and was moderated by former Salinas Mayor Dennis Donohue.  

The crowds enjoyed sunny Memorial Weekend weather at the 39th annual Mushroom Mardi Gras on Saturday and Sunday, May 26 and 27.The event, held for the 14th year in downtown Morgan Hill, turned out record numbers—and profits.“Our attendance was up from the previous year so we’re estimating we had about 75,000 attendees,” said Executive Director Sunday Minnich. “We had the best year we’ve had since being downtown as far as beer and wine sales—with record-breaking attendance on both days.”Minnich said the committee usually begins the next year of planning in the weeks following the event, when the committee meets for review.Despite the event’s success, Minnich is on the constant lookout for volunteers. “Volunteerism is always a struggle.”Folks interested can contact the event coordinators at mhmmg.org and volunteer on behalf of their service organization, who will receive a donation for their service hours, Minnich said.With 100 percent of the proceeds going toward education opportunities for local high school students, Minnich said they can already begin looking at scholarships for next year.