20 09 fall-09

A QUARTERLY PUBLICATION FOR AND ABOUT THE COMMUNITY OF GILROY Fall 2009

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gilroytoday.comFALL 2009 GILROY TODAY2

How to reach us:

A QUARTERLY PUBLICATION FOR AND ABOUT THE COMMUNITY OF GILROY

Published By: InfoPOWER Communications

7446 Rosanna Street / Gilroy, CA 95020

Telephone: 408.848.6540Email: [email protected]

EDITORJ. Chris Mickartz

COPYWRITING Larry & J. Chris Mickartz

PHOTOGRAPHYLarry J. Mickartz

ADVERTISINGGlenita Gordon

CONTRIBUTORSFinance Jeffrey M. Orth, ChFC,CASL

Real Estate Marta DinsmoreAlternative Medicine Ahnna Goosson, L,Ac.

Veterinary Medicine Dr. Greg MartinezGardening Garden Accents Staff

The Kids Corner Go Kids Inc. StaffEducation Gavilan College Staff

Professional Landscaping Karen BernoskiThe Law Lloyd W. Lowrey Jr.

AdvertisingContact us at 408.848.6540 or

email [email protected] for ad placement, information, and availability.

Community Events & InformationSubmit for free inclusion, space permitting.

© Copyright 2006-09. All rights reserved. No part, either editorial or display advertising, may be reproduced without

written permission from the publisher and author.

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room accommodates a maximum of two guests. Mid-week rates are available (certain dates excluded). Please inquire. Rates listed or quoted do not include a ____ Occupancy Tax.

Breakfast Is Served

FALL 2009 GILROY TODAY 3

J. Chris Mickartz

From the Editor

Well, what can I say. Life is good. Here we are in the middle of an economic recession, or maybe at the begin-ning of a recovery. There are all kinds of opinions out there. What ever it is, I’m here to say that it feels like things are turning around. I sure hope so.

This is the 20th issue of Gilroy Today. A few months ago, I would not bet that it would be published. But, today, I’m happy to report that it’s not only in print, but that eight pages have been added.

The beautiful cover is a photo of Fred, a special friend of Al Howard, the Bird Man of Gilroy. Larry and I were especially pleased to have had the opportunity to photograph such amazingly beautiful subjects. I think Larry was in heaven.

The PRO for this issue is extremely special in that he works on the moon — how cool is that! Rusty Hunt is one of two flight directors for the LCROSS mission to the moon. One of the missions tasks is to determine if there is water on the moon.

I’d like to welcome Lloyd Lowrey Jr., Noland, Ha-merly, Etienne & Hoss and Karen Bernoski, Aiken landscapes, as new contributors to Gilroy Today. Lloyd will be covering legal issues so be sure to let him know if you have an issue you are particularly interested in. Karen will be helping us with new and innovative ways to make our outdoor spaces more fun and invit-ing.

This is an exciting time for public education in Gilroy. With the adoption of the program “Character Counts,” local children have the opportunity to develop values in school as well as at home. I was impressed with the concept last spring when Superintendent Debra Flores presented the program to the Gilroy Rotary Club and am happy to hear that it has been adopted district wide.

I’m always happy to showcase the great events that take place in this wonderful community. You won’t want to miss the Unveiling of the “Legacy of Gilroy” Downtown Sculture Project scheduled for October 17th. More information is available on page 31.

FALL 2009 GILROY TODAY4

Contact Information:College: (408) 848-4800 gavilan.eduCommunity Ed: (408) 852-2801 gavilan.augustsoft.net

With rising fees at the state university

systems, and people seeking retraining or better job skills, credit classes at Gavilan College are packed. Compounding the situation, state budget cuts have required that many sections be cancelled at a time when demand is higher than ever. Fees have been increased at all community colleges by the state legislature. Even at $26 dollars a unit, California Community Colleges provide the most affordable college education in the nation. Gavilan College’s staff remains committed to providing the highest level of service to as many students as possible.

For students who are not seeking a degree or transfer, Gavilan College Community Education provides short-term and affordable options for career training, small business support, and enrich-ment. These classes are also ideal for anyone who wants to learn, but doesn’t want to make a full-semester commitment. There are even weekend programs for youth.

Affordableeducation,personal and professionalgrowth

Gavilan College

This Fall, popular career programs include Paralegal, Pharmacy Technician, Medical Biller, and Administrative Medical Assistant certificate programs. Small business owners (and people con-sidering starting their own businesses) can learn what it takes to succeed in the Small Business Success series or the Human Resources manage-ment series. Stand-alone classes in Workplace Spanish, Customer Service, Medical Terminology, and Marketing are available.

Young people will enjoy Scientific Saturdays, Cooking, and Study Skills provided through the College for Youth program. Adults can get creative with crafting, cooking, and photography classes.

Community Education is also a great way to improve computer skills and become famil-iar with new software. Learn Microsoft Office, QuickBooks, and many other programs! For those not interested in computer class there is the ever-popular motorcycle training programs.

Community Education classes are offered in Gilroy, Hollister, and Morgan Hill, or choose among over 240 classes offered online!


Animals, much like humans, seem to find the most inopportune times to become ill. And as unnerving as it is

to realize that Fido or Fluffy just isn’t going to snap out of it, your stress level may increase greatly when you realize that it is after clinic hours so you have to seek emergency care. If your pet seems very sick, in pain, or is bleeding you will have to seek help. The best course of action is to not panic and get your pet to the nearest emergency veterinary clinic.

Emergency veterinary clinics are staffed 24/7 with veterinarians that specialize in trauma and critical care, along with a staff of registered veterinary technicians. Emergency costs can add up even if the problem turns out to be not all that serious. An exam, a cou-ple tests, and medication can easily run several hundred dollars. The good news is that your sick or injured pet will get immediate atten-tion. The bad news is that it will cost you.

If the symptoms are not severe, however, there are two options to consider: 1) Get an exam at the emergency clinic but delay treat-ment until your vet opens the next day (where the same treatment may be less costly), or 2) Use over-the-counter medication and see if the symptoms improve.

Things to do before you decide to take a trip to the Emergency Room:

A dog or cat that is drooling, nauseous, or vomiting often responds with a Pepcid (famo-tidine) ¼ tablet per 10 pounds, once daily. If your dog or cat looks pretty normal, but has vomited a couple times in a short period, or is

eating lots of grass, the Pepcid may help make them feel better. Remember, vomiting in a young pup could signal a parvovirus infection or other severe medical or surgical problems. If you feel that your pet is really sick, do not delay seeking treatment.

Many dogs like to chase and eat bees and wasps and can get rewarded with a nice sting and ugly swelling on their lips and face that can make a Doxie look like a Shar Pei. This same syndrome can occur from allergic reac-tions to a new food or treat. This swelling looks ugly, but rarely causes problems breath-ing. If the swelling is severe or scary, proceed to the closest emergency clinic. If you would like to try an over-the-counter medication, Benadryl or Claritin will slow the swelling, and things should return to normal within 12 hours — Benadryl, 1pill per 30 pound 2-3 times daily and Claritin, 1pill per 30 pounds daily.

Dogs overdo it on occasion when a new friend or activity drives them to play extra hard and strain a joint, throw out their back, or pull a muscle. Middle-age dogs will do the same thing jumping off the bed or sofa. Dogs with these injuries will not move much, shiver, and often “yip” when they are picked up. One 300 mg adult aspirin per 30 pounds twice daily can help with the discomfort and pain. One baby aspirin per 10 pounds will work for the babies and toy breeds.

Red raw skin and red inflamed ears can be due to allergic reactions that can cause lots of pain and itching. If you think the symptoms can wait until your vet opens, you can use

Avoiding emergencyroom blues…

by Dr. Greg Martinez, Gilroy Veterinary Hospital

Dr. Greg Martinez, DVM, has served the veterinary needs of Gilroy and the Santa Clara Valley for 30 years. He is a partner with Dennis Harrigan in the Gilroy Veterinary Hospital located at 9565 Monterey Highway. He is active in the community and loves help-ing teach veterinary science at Gilroy High School. Visit dogdishdiet.com for more prac-tical tips and to order his book Dog Dish Diet.

Benadryl and aspirin at the dosage mentioned above. Hydrocortisone cream rubbed on the red area will work to decrease pain and inflammation.

Cuts and abscesses look terrible but you can clean both up with warm soapy water and wait until the next day as long as the wound isn’t bleeding or involving critical areas.

If there is any doubt to the severity of the problem, there is no decision to make — take your beloved pet to the vet.

Jan WahlFilm CriticKRONChannel 4


one of the many dinners associated with the Garlic Festival, Gilroy Today had an opportunity to share a meal with Bay Area media celebrity, Jan Wahl. Jan has a long history in media. Currently she is a film critic on KRON where she interviews celebrities, reviews movies and offers commentary on show business. Jan also lectures on topics like “Critical Thinking in Mass Media.” Jan is a mem-ber of the Directors Guild of America and has also won two Emmy Awards.

Jan was invited by the Festival to be one of the celebrity judges for the annual Garlic Festival Cook-Off on Saturday and to host the SakaBozzo Master Chef Challenge on Friday. She is a bundle of positive energy with a contagious connection with anyone who gets near.

Jan is rarely seen in public without a hat. Hats have become her trademark… after all she is in show business. Her hats are usually colorful and unique and as she says, “It’s the show that counts!” Besides, she notes, she doesn’t need to spend as much time primping her hair!

Gilroy Today asked Jan to comment on her experience in the Gilroy community, its people and the Gilroy Garlic Festival. Her first comment summed it up “I loved it.” She went on to

comment on the remarkable sense of commu-nity and the lack of ego in the people who make the Gilroy Garlic Festival happen. After a tour “backstage” in Gourmet Alley, she gushed about the “delicious organized chaos.” Everyone was having fun and proud of what they did — from the cleanup crews to the mushroom brushers on to the pyro chefs. She also marveled that even with knives, hot food, and flaming pots no one was getting hurt!

She marveled at the undercurrents of creativ-ity and theater in just about everything that went on at the Festival. She loved how the Festival celebrated the renegade, the unusual and those who marched to a different rhythm.

On stage with the celebrity judges, she learned about the nuances of taste and prepara-tion. She loved the banter between news hosts — Dan Green and Kate Callaghan, the judges, the chefs, the cook-off contestants, and the audience.

Jan compared the Garlic Festival to the movie business but noted that the Garlic Festival has something the movie business has lost —“It is a celebration of things that are good, honest, fun and wonderful. It is a Festival that honors the ethnic mix of all things American… Italian, Japanese, Hispanic, Greek… all of us.”

If Jan made a movie about Gilroy and the Garlic Festival, it would probably start with Don Christopher and focus on his passion for garlic, farming, and the community; and it would probably feature stories of the real people behind the Festival. People like veterinarian Dennis Harrigan, chairman of the Recipe Contest. “He’s a vet and animals make for good cinema!”

At the Garlic Festival, Jan saw the warmth of the people of Gilroy. She saw a Festival that helps “keep the community solid.” She saw humor, “And these days we need more humor!”

Thanks Jan for passing through and know that you are welcome back any time.

Just Passing Through…

DURING


Just Passing Through…

Spicy Garlic

Butter Cookies

with Garlic

Goat Cheese

& Honey

2009Gilroy Garlic FestivalCook Off WinnerAndrew Barth

Cookies:1 cup all-purpose flour (unbleached preferred)½ tsp cayenne pepper¼ tsp baking powder 1 stick plus 3 tbsp unsalted butter, softened ¾ cup sugar5 cloves roasted garlic

¼ tsp salt

Topping:3 ounces goat cheese, softened 3 cloves roasted garlicHoneyHungarian paprika

Whisk together flour, bak ing powder, salt and cayenne pepper in a small bowl. Beat together butter and sugar in a large bowl until pale and fluffy, about 3 minutes. Add the cloves of roasted garlic and beat for another minute or until cloves are incorporated. Reduce speed to low and add flour mixture. Mix until just combined. Form dough into an 8” to 10” log (approximately 2” diameter) and wrap it in plastic wrap. Chill dough until firm.

Preheat oven to 375 degrees.

Cut log into ¹/8” to ¼” slices and fill ungreased large baking sheet(s), arranging slices about 1” apart. Bake cookies until the edges are golden, approximately 12 minutes. When pulled from heat, immediately indent center of each cookie with the back of a spoon. Cool on the sheets then transfer to wire racks to completely cool.

Meanwhile, combine softened goat cheese and 3 cloves of roasted garlic in a small bowl, combining well.

Once cookies have cooled completely, add a good-sized dollop of garlic goat cheese mixture in the center of each cookie. Drizzle some honey over each, add a dash of Hungarian paprika and serve.

Makes 20-25 cookies


When, roofer, Rich Garcia had a bad fall that put an end to his roofing days his wife, Pam, was running a vocational training program. The fall made it necessary for them to

make some life changes. Six months later they had a business plan, a roofing contractors license and the opportunity to build a business as partners. Twenty some years later they still own and operate Affordable Roofing.

The Garcia’s live in Gilroy and have their business offices for Affordable Roofing in Morgan Hill. This couple is all about being part of the Gilroy Community. They were recently honored by the Chamber of Commerce with the Good Egg Award for re-roofing the painting booth at the Gilroy High School auto shop. They were also recognized by Rod Kelly School for providing a number of roofing repairs.

Affordable Roofing has morphed from a one dimensional roofing company into a roofing company that works with the most sophis-ticated roofing systems that include integrated solar and eco-friendly products. Some of the new solar panels are actual roofing panels so the solar panel is the roof, not on top of the roof. Eco-friendly roofing includes cool roofs as well as construction techniques that minimize waste and maximize recycling.

Over the years, Affordable Roofing has garnered manyindustry awards. They are a “Master Elite Contractor” for the GAF-ELK. Finished Affordable Roofing jobs are inspected by GAF-ELK staff and are then given a 20-year leak free warranty. Affordable Roofing has also been recognized by “National Roofing Magazine,” “Western Roofing” and “Professional Roofing Contractor.” It is a Bay Area Green Certified Company.

Affordable Roofing has ventured heavily into “Green” aspects of the roofing business. Son and Affordable Roofing employee, Jonathan, has a degree in environmental studies and alternative energy. They are committed to producing less waste, to use more eco-friendly products, and to provide for more sustainable living. This com-mitment goes so far as to include establishing a separate non-profit organization called the “Green Design Center” to advocate for and demonstrate more sustainable building practices.

Pam & Rich Garcia, community minded, industry leaders and champions for eco-friendly roofing.

1645 Vineyard Boulevard • Morgan Hill, CA 95037408 842 7100 • affordableroofing.com

Affordable Roofing


Quick Stats

Multipleoffers in a seller’smarket

SOLD

Single Family Residential in GilroyBy Marta Dinsmore, RealtorIntero Real Estate Services wwwMartaDinsmore.com408.840.7420

As the inventory of homes on the market continues to decline, more and more homes

are receiving multiple offers. Multiple offers can be difficult and confusing for both buyers and sellers. It is really important to have a competent trusted REALTOR® in multiple offer situations.

Good values, low inventory, buyer incentives and signs of an improving economy are contribut-ing to the multiple offer situations. In today’s market buyers are dealing with a stronger seller’s market for those homes priced on the lower end of the inventory. Here are a few tips from realtor and author Elizabeth Weintraub.

SOURCES: Elizabeth Weintraub, About.com Multiple Offers - Competing Home Offers. Competing With Other Home Buyers in Multiple Offer Situations Tara-Nicholle Nelson, “Mood of the Market” Philadelphia Weekly Marcie Geffner, Win Some, Lose Some (California Association of Realtors)Julie Schmit, USA TODAY More homes get multiple offers; downturn may be nearing end (5/9/09)

Submit a Large Earnest Money Deposit. This is part of the down payment and lets the seller know this is a serious offer and not just a fishing expe-dition for a deal.

Show the Sellers You Are Qualified. A pre-qualified loan letter is essential but a loan pre-approval is a much stronger statement.

Give the Sellers Time to Move. Be as flexible as possible with the seller move out date.

Shorten or Waive Some Contingencies. Shorten the time frame for the home inspec-tion. If the loan is solid, shorten the loan approval contingency. If the sale price is close to comparable sales, shorten this contingency as well. The idea is to make the offer conve-nient and irresistible to the seller.

Write Your Best Offer. Start with the best offer and don’t depend on negotiations for the final deal.

Multiple offers in any situation can be com-plicated. Work with a REALTOR® you trust and respect, and be ready for some emotional ups and downs. You might loose one house but there are still plenty of great homes and deals out there.

SALES 1ST QUARTER (Feb 1 to May 1,2009) vs 2nd QUARTER (May 1 to Aug 18, 2009) Change

Total Listings 168 126 -33%

Short Sale 54 30 -80%

Bank Owned 28 23 -22%

Average List Price $854K $974K 12%

Median List Price $618K $789K 22%

Average days on market 163 163 0%

Sales 89 227 155%

Short Sale 3 53 1667%

Bank Owned 65 124 91%

Average Sale Price $425K $405K -5%

Median Sales Price $360K $375K 4%Average Days on Market 124 112 -11%


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CHARACTER COUNTS

sounds simple and as American as mother-hood, apple pie and baseball, but somewhere along the way many of our schools lost track of the concept. It encompasses the values that attract many to private school. Gilroy Unified School District has recognized this problem and is doing something about it.

For the 2009-2010 school year, all schools in the Gilroy Unified School District (GUSD) will implement the Character Counts program. In the past Las Animas and Glen View elementary schools imple-mented the program. Christopher High School committed to the program before they opened their doors and now all schools in the District are committed to the program.

Character Counts got its start in 1992 when the Southern California nonprofit Josephson Institute of Ethics hosted a group of experts in ethics and character educa-tion. Their goal was to identify ways to work together by developing a common language of core ethical values that transcend religious, political and socioeconomic differences.

The conference, held in Aspen, Colorado, produced the Aspen Declaration on Character Education, which identified the values now known as the Six Pillars of Character:

Trustworthiness Respect Responsibility Fairness Caring Citizenship

To advance the goals of the Aspen Declaration, the Josephson Institute in 1993 launched Character Counts.

GUSD Superintendent Debra Flores had seen the effectiveness of the program when she worked in the Santa Barbara area. Glen View Principal Scott Otteson had been involved with the program in his previous position and was quick to bring it to Glen View. Las Animas Principal Sylvia Reyes saw the benefits and adopted the program.

Students are taught to recognize and value the six pillars.

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Character Counts


CHARACTER COUNTS

Trustworthiness

• Be honest• Don’t deceive, cheat or steal • Be reliable — do what you say you’ll do • Have the courage to do the right thing• Build a good reputation • Be loyal — stand by your family, friends and country

Respect

• Treat others with respect; follow the Golden Rule• Be tolerant of differences • Use good manners, not bad language • Be considerate of the feelings of others • Don’t threaten, hit or hurt anyone• Deal peacefully with anger, insults and disagreements

Responsibility

• Do what you are supposed to do • Persevere: keep on trying! • Always do your best • Use self-control • Be self-disciplined • Think before you act — consider the consequences • Be accountable for your choices

Fairness• Play by the rules • Take turns and share

• Be open-minded; listen to others • Don’t take advantage of others • Don’t blame others carelessly

Caring

• Be kind • Be compassionate and show you care • Express gratitude • Forgive others • Help people in need

Citizenship

• Do your share to make your school and community better • Cooperate • Get involved in community affairs • Stay informed; vote • Be a good neighbor • Obey laws and rules• Respect authority • Protect the environment

As the behaviors of Character Counts become more recognized in the school stu-dents are taught to exercise better decision making by using a model that includes the following steps:

Stop and Think Clarify Goals Determine Facts Develop Options Consider Consequences Choose Monitor and Modify

Teachers and staff are part of the training program and are encouraged to exhibit the behaviors of Character Counts in their own lives and celebrate it in the lives and behaviors of the students. Staff implementa-tion of Character Counts is based on TEAM: Teach, Enforce, Advocate, and Model.

Character Counts schools become known for an interesting behavior where teachers

and students post slips of paper recognizing students and staff behavior that reflects one of the six pillars. Research further shows that schools implementing the program often see a decline in discipline referrals, dropouts, suspensions and expulsions. A five-year study in South Dakota showed significant improvements in every category of

student behavior studied. In one California district officials reported 47% to 76 % drop in referrals, dropouts, suspensions and expul-sions. With less discipline issues teachers and students see less disruption in the learning process.

Many teachers are leery of additional duties, but so far GUSD staff have whole-heartedly embraced the program. Dr. Flores notes that some have called it “life altering.”

As with all things new this program comes with some expenses. The District has come up with some of the necessary funding. And gen-erous benefactors like the Gilroy Rotary Club, Don Christopher, and the Gilroy Educational Foundation have provided additional funding. The program has also seen support from the Local Bar Association, and the Police and Fire Associations

Dr. Flores expects to see the most changes at the elementary level, which will work its way up the grades to middle and high school. With only a year into the program, Scott Otteson at Glen View, has already seen some changes: less discipline and more respectful behavior.

Congratulations to the community and to Gilroy Unified for embracing Character Counts thereby making Gilroy a better place to live and work!

For more information go to: charactercounts.org/gusd.k12.ca.us/


Welcome to

La Aldea

“The Village”…

where life is just a little less complicated

A D V E R T I S E M E N T

We have all said, “Life is too complicated.” or at least thought it! La Aldea [la al-day’ah],

The Village, might be just the antidote to this com-plicated-life-syndrome.

La Aldea, The Village, is the new building that has transformed the corner of Fourth and Eigleberry in Downtown Gilroy into a live, work, shop center. It sits directly across the street from the Post Office and next door to the Pinnacle Bank Building.

Built in a Spanish colonial style, the building is a village: a mix of restaurants, retail stores, offices and living spaces. The offices and lofts in this beauti-fully appointed upscale building have wood cased windows, dual zone air conditioning, granite counter tops and premium cabinetry.

STREET LEVEL La Aldea has easy access to Downtown and the nearby historic residential neighborhoods. The 9,000 square feet of divisible retail or office space contains two sections that were pre-designed for restaurants; one with a large outdoor courtyard, and fountain. The remaining space may be used for various retail and/or professional offices. Storefronts are available on both Fourth and Eigleberry Streets.

SECOND FLOOR Primarily designed for offices; the current configu-ration allows for nine, approximately 700 square foot, offices and one common fully equipped and

decorated conference room. There is central tiled courtyard and a common balcony dining area. The two live-work lofts on this level, allow the resident to live where they work.

The highly desirable corner units on both the second and third floors have large octagon shaped rooms that could be individual offices or could be combined to create a live/work loft. Both rooms are flooded with plenty of natural light. The third floor unit also has vaulted ceilings.

THIRD FLOOR Eight distinctive one bedroom, one bath lofts make up this floor. Each unit has vaulted ceilings, large windows, and an indoor laundry. Most units have a private deck.

The whole building is wired for computers, cable and/or satellite-dish connections. The build-ing is gated and has secure access. The second floor has elevator accesses.

La Aldea, is now accepting pre-lease applica-tions. When completed the building will be a little village, La Aldea, complete unto itself; with places to live, work, eat and enjoy life. They say that when you take a deep breath, you can feel a simpler life at La Aldea.

Make your move now to La Aldea.

For information about leasing or renting call (408) 847-8197 or email [email protected]

Custom One22 Martin StreetGilroy CA 95020

The Thursday before the Gilroy Garlic Festival XXXI began, a special presentation was made to the city of Tecate, Mexico. Tecate is one of Gilroy’s Sister Cities. Representatives from Tecate received eight police cars, a fire truck, and a fire engine from the local Rotary clubs, includ-ing Morgan Hill, San Juan Bautista, Hollister, Gilroy and Gilroy Sunrise Rotary Clubs together with the City of Gilroy, Gilroy Police and Fire and the Gilroy Sister Cities Association. The presentation of the retired equipment took place just before a welcome dinner hosted by the Gilroy Sister Cities Association for Sister City delegations from Tecate, Mexico, Takko-Machi Japan and Angra do Heroismo, Portugal.

Tecate, Mexico Receives Emergency Vehicles


Welcome to

La Aldea

“The Village”…

where life is just a little less complicated


Rusty Hunt lives in a beautiful home on a hill in Eagle Ridge but

Rusty works on the moon! Not exactly, but close. Actually, Rusty Hunt is one of two flight direc-tors for the LCROSS mission to the moon. LCROSS stands for Lunar CRater Observation and Sensing Satellite. The mission is simple, “confirm the presence or absence of water ice in a perma-nently shadowed crater near the lunar pole.”

About three years ago NASA (National Aeronautics & Space

Administration) had some extra payload capacity on a lunar recon-naissance orbiter (LRO) mission to the moon. The LRO will pre-pare detailed maps of the moon. The AMES Research Center came up with a plan to crash the upper stage of the Atlas V, Centaur rocket into an area of the moon “where the sun doesn’t shine.” The crash will send a plume of lunar material six miles into the lunar atmosphere. LCROSS will travel through the plume looking for water or ice and will eventu-ally crash into the moon, creating

Gilroy’s Got Pros

another smaller plume. Further up, the LRO will observe both crashes and plumes and gather additional data.

Why water? If there is water in this area on the moon, then men could set up a base for exploring the moon and planets beyond. Water is essential to life, and water can be separated into hydrogen and oxygen both necessary elements of extended stays away from mother earth. Scientists believe that some of the meteors that crashed into the moon brought with them

Meet Rusty Hunt

Flight DirectorAMES

Research Center


ice which could have survived the harsh lunar landscape if they landed in shadowed areas. Direct exposure to the sun would quick-ly evaporate any water or ice.

Rusty took up the new chal-lenges enthusiastically. His new position means long and varied working hours as his team man-ages various phases of the project including the launch on June 18, the lunar flyby on June 23, continues in-flight adjustments, and preparation for lunar impact on October 9 (which happens to be Rusty’s brithday!). More infor-mation on this lunar mission is available at www.nasa.gov/lcross or lcross.arc.nasa.gov

Rocket scientists might con-jure up images of an uber-geek. Rusty does not fit that image. He is an interesting, articulate man with a fun-loving streak. A few years back while working on an advanced degree at Stanford, Rusty and his saxophone joined the zany Stanford band!

Rusty, wife Tamra and daugh-

ter, Claire Emelia, better known as Emma, have a charming home set on a hill in Eagle Ridge. They love the less crowded life style and the fact that, unlike their previous home, people around here are not grouchy all the time. Neighbors seem to like each other!

Tamra, a former model and “the one” in the 80’s video of the Romantics song “One in a Million” is very proud of her hus-band. In fact, she is the one who first highlighted Rusty’s achieve-ments. Both, Rusty and Tamra, are very excited about their next adventure. Emma will start school soon at Las Animas.

After the lunar impact and after all the data has been catego-

rized and stored, Rusty and Tamra hope to vaca-tion in Hawaii before Rusty puts in some overdue time with the Navy Reserve.

Congratulations to the whole AMES/NASA team on a fascinat-ing mission with major future implications and a special con-gratulations to Rusty and Tamra for once again reminding us that Gilroy’s Got Pros!

breathtaking

James likes to cruise the back roads of Gilroy on his big BMW motorcycle. One day he saw a lot surrounded by vineyards behind Kirigin Cellars. “Now that is where I want to build my

house,” thought James. After repeated calls and mail to the owner went unanswered, James took to cruising by the property often. One day he spotted a man on a tractor. The man turned out to be the owner and a handshake later the property was his.

Old World


breathtaking easy living

Carolineand JamesSuner

The Suner home is expansive, 4,500 square feet and 2,000 square feet of covered porches, and sits on a five-acre lot sur-rounded by syrah and petite syrah grapes. The breathtaking views just don’t stop. In fact, before building the house, James and wife, Carolyn laid out the floor plan full size on the lot and meticulously checked the orientation and window placement. The finished home, with its old world feel and smoky finishes, was livable from

day one. The views from every window are breathtaking. The hardwood and stone floors are beautiful and practical for this fam-ily of four, plus two dogs! There is a careful use of quality materials throughout the house.

Although the beautiful kitchen is where Carolyn spends a great deal of time, her favorite room in the house is the living room, or view room, off the main entrance. With big overstuffed furniture,


Views from every window in every room

a large fireplace, a spectacular west view win-dow and no TV, this is her place to relax.

James, on the other hand, is fond of the great room. Flowing into the kitchen, it is home to a large open dining room and a big, comfy family room. The high ceilings and open trusses were designed to mimic a 400-year-old Italian villa. The open beamed trusses were actually manufactured in Paso Robles.

The entrance is grand and inviting. The ornate vineyard theme that adorns the iron and glass front doors was design by Carolyn. The large floor compass was handmade by Polish craftsmen in Antioch. All the inlay pieces were hand cut with an oversized band saw.

One of the favorite gathering places is the second floor game room It opens onto a large

porch room and again the spectacular views west over the vineyards. Of course, the comfortable outside areas with all the covered porches, pool, deck and barbeque make for an ideal summer party spot.

Speaking of which, James and Carolyn are about the host their third annual harvest party. It would be hard to find a more beautiful and welcoming setting for any get-together.


The basic premise of Chinese Medicine is Balance of Yin and Yang. Yin is defined as the vital substances of the

body whereas Yang is the defined as the activi-ties that function within the body. Yin is the cool moisture that lubricates all functions which activities are governed by Yang. In one analogy; Yang would be the fire beneath the cauldron and Yin would be the water inside the cauldron. The underlying goal of Chinese medicine is to balance the Yin and Yang of the body.

As a practitioner of Chinese medicine, the bulk of my female patients present with yin deficient symptoms, translating as a deficiency of moisture and coolness within the body.

Menopause is viewed as a deficiency of Yin in the body, leading to the common symptoms of feeling hot, dry and agitated. The Theory is that as we age, we loose Yin (moisture) over time. For instance a baby is born with abundant yin moisture as their skin is moist and dewy. As

we age, our skin starts to dry out as we are loosing our precious yin. Once menopause starts our bod-ies undergo a drastic drop in yin as our hormones drop, leaving us with an internal dryness and the resulting symptoms.

Chinese medicine has addressed this transi-tion in life with modalities to “preserve yin” such as herbal formulas that clear internal heat via nourishing and moistening and acupuncture point prescriptions that “call forth yin” or balance hormones. One of the most exciting aspects of treating yin deficiency in my female clients is the anti-aging affects it provides. A typical case would be a women coming in for bothersome hotflashes night sweat, insomnia and anxiety. After introduc-ing her to yin nourishing formulas and a series of acupuncture, she not only can sleep better due to less frequent hot flashes and night sweats, but she is also very pleased that her skin has become more hydrated and youthful as her yin energy has been restored into balance.

Yin/Yang…balance for womena chinese medical perspective

by Ahnna Goossen, L.Ac.

Ahnna Goossen, Licensed

Acupuncturist and Studio

Director of Yoga Bella has

been practicing in the South

Valley for the past 8 years

at the Acupuncture and

Herbal Clinic of Gilroy.

408-842-9688

gilroyacupuncture.com

The following table illustrates the difference between Yin and Yang aspects of the body and the symptoms experienced if either are deficient:

Yincoolfemalesoftmoistquietcalmrest and relaxation mode *

* Parasympathetic Nervous System** Sympathetic Nervous System

Yangwarmmalefirmdryactiveexcitedfight or flight mode **

Yin Deficiency Symptomswarm body temperatureflushed cheekshot flashesnight sweatsinsomniaanxiety and restlessnessdrynessthirstrapid pulsemenopause, hyperthyroid, anxiety, type A ***

*** Western Medicine Dx:

Yang Deficiency Symptomscool body temperaturepale facecold hands and feetswollen body – retention of wateralways sleepytired and fatigued, low motivationmoistno thirstSlow pulsehypothyroid, depression ***


Help save our precious natural resource:

WaterWondering if you are over watering or under watering your lawn?

Concerned about the water shortage?

Here are some proven steps to calculate the correct amount of water your lawn needs.

Note: For hard soils, it’s best to push from the inside of Grass Farm’s water auditing cups so as not to break the bottom of plastic cup.

Step 2: Turn irrigation system on for fifteen minutes.

Step 3: Take measurements from each cup

Step 4:Make adjustments to sprinklers where needed. Water between catch cans should not be more that ¼” different. If results show greater differences sprinkler adjustments should be made. This may require changes in nozzles, head placement or in extreme cases complete overhaul of irrigations systems and their installations.

Step 5: Take measurements and find your average precipitation rate found in the catch cans and divide that value into the amount needed for the desired irrigation month. Typically, a watering schedule every third day is recommended. So you would divide the precipitation rate

(found in the catch cans after your 15 minute run time) into

Historical CIMIS Data 2009The following numbers indicate a historical Evaportranspiration rate for turf grass in San Jose, Woodside, Hollister and Morgan Hill.

Additional area CIMIS numbers can be found at www.cimis.water.ca.gov.

Jan Feb Mar Apr May June Jul Aug Sep Oct Nov Dec TotalSan Jose 1.35 1.87 3.45` 5.03 5.93 6.71 7.11 6.29 4.84 3.61 1.80 1.36 49.35Woodside 1.83 2.20 3.42 4.84 5.61 6.26 6.47 6.22 4.84 3.66 2.36 1.83 49.54San Benito 1.15 1.62 3.08 4.64 5.58 6.37 6.88 6.47 4.78 3.68 1.66 1.24 47.15Morgan hill 1.22 1.65 3.42 4.84 6.22 6.85 7.44 6.47 5.08 3.42 1.77 0.98 49.36

the amount of water needed for the month. For example if you had a ½”average of water after your run time and you wanted to set your irrigation system for the month of July in San Jose: 7.11 / 10 = .711 per water application. If your system puts out ½” of water in a 15 minute period you would need to run approximately 21 minutes to apply 7 tenths of one inch. Ideally you would apply this in two applications to take advantage of low evapora-tion, winds and to avoid runoff. This also allows the applied water to soak into the ground before the sun comes up.

Note: when auditing your irrigation

system mark down how much time it

takes before you see runoff on sidewalks

or other hard surface areas. This will

be your maximum run time. This is

best used to avoid “runoff ” of irrigation

waters into gutters and other areas which

do not need water.

Step 6: Program run time into irrigation timer.

Information provided by Grass Farm located at 602 Palm Avenue, Morgan Hill, CA. www.grassfarm.com (408)463-0500

The following is an exer-cise that will walk you through the process

of “how to do a water audit.” Considerations to bear in mind are 1) it is based on your hav-ing only one station for a given area, 2) the area has similar soils throughout, 3) shade and sun areas have been separated for valves, and 3) irrigation schedules are being set for plant mate-rial that has been established. For the sake of this exercise, the example used is turf; how-ever, other species can be used. Evapotranspiration rates for vary-ing plant material will need to be adjusted as appropriate.

Items needed: • Water auditing cups• Paper & pencil (to draw a diagram of the area and marking water auditing results).• Ruler or tape measurer (if water auditing cups do not have measurements on sides). • CIMIS data table (see below)

Step 1: Place a catch can device (Grass Farm Water Auditing cup)

by a sprinkler head and half way between the next sprinkler head.


Stock market declines are an inevitable part of investing but it’s the last thing we want to experience. During these

turbulent times, it’s worth remembering that while we can never know with certainty when a decline will occur or how long it will last, how we react to stock market declines will play a crucial role in our long term invest-ment success.

We have to ask ourselves if this time is dif-ferent than declines we have seen in the past. The answer, of course, is yes, but does that really make a difference? While past patterns may not repeat, history can still be a very useful guide in making decisions about the future.

We can learn four important lessons from past market declines:

No one has ever been able to accurately predict the timing of a market decline. Only in hindsight are the experts able to say that the stock market was over-valued at a specific point in time and due for a decline.

Successfully timing the market during a decline is extremely difficult because it requires two near perfect actions – getting out at the right time, which is usually not that hard, and figuring out when to get back in, which is very difficult. The problem is that market trends are not straight lines but are likely to be jagged with bursts of false rallies and then declines on the way down and small corrections and gains on the way up.

There have been thirteen recessions since 1931. It is important to under-stand that these economic cycles are necessary to purge excesses. This time it’s lending and housing. Each one of these recessions has presented invest-ment opportunities for those with long term discipline.

Relatively speaking, market declines have been brief for long term investors. It took 16 years for the Index to return to its previous high after the crash of 1929. In 2000, it took the index almost 5 years to recover… in 1987 it took less than 23 months to recover… in 1990 it took less than 8 months.

The most important thing we can do during turbulent markets is stay on track. Many inves-tors make decisions based on emotion rather than logic during times like this and they sell when they should be buying. At times like this it helps to have a qualified professional to talk to; someone who can help us with invest-ment strategies, income alternatives and the tax consequences of selling; someone that can help us make informed decisions about our invest-ments.

Sir John Templeton said that “the best time to buy is when the blood is running in the streets.” One of the most successful investors of our time, Warren Buffett just announced that he is investing $5 billion dollars in Goldman Sachs. As much as anyone, Warren recognizes when something is “on sale” and understands that troubling times create opportunities. Warren probably wouldn’t invest $5 billion dollars if he thought the sky was falling. So while many are running around like Chicken Little, convinced by what they have seen and heard, that the sky is falling, perhaps what we need is more information so we will know that this is just a passing storm.

by Jeffrey M. Orth, ChFC, CASLInvestment AdvisorRepresentative

Is theSky ReallyFalling?

FINANCIALLYSpeaking

Jeffrey M. Orth is a Chartered Financial Consultant, a Certified Advisor in Senior Living, and an Investment Advisor Representative, with over 10 years experience as a business and personal planning, insurance, and wealth management specialist. Jeff is available for group lectures and private consultations. Visit his website at www.ifitfinan-cial.com or call 408.842.2716.

A8JC-1001-06

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Cognitive development is defined as thinking, problem solving, con-cept understanding, information

processing and overall intelligence. Many studies have been conducted to identify the stages of cognitive development that would be considered the norm at the vari-ous stages of childhood development. One of the more well known is The Theory of Cognitive Development, first developed by Jean Piaget.

Piaget proposed that there are four distinct, increasingly sophisticated stages of mental representation that children pass through on their way to an adult level of intelligence. He considered that children primarily learn through imita-tion and play throughout the first two stages (birth-7) as they build up symbolic images through internalized activity.

By observing sequences of play, Piaget learned that during the second stage (ages 2-7), children learn to use and represent objects by images, words, and drawings. The child is able to form stable concepts as well as mental reasoning and magical beliefs. The child however is still not able to perform operations; tasks that the child can do mentally rather than physically. Thinking is still egocentric: The child has difficulty taking the view-point of others.

Around the age of two, a toddler will start to understand the relationship between objects. He’ll be able to match similar shapes, recognize the purpose of numbers in counting objects, and will develop an understanding of cause and effect. He will also feel everything that happens in his world is a result of some-thing he has done. This is called the ter-rible two’s because reasoning with a two-year-old is not easy. He will still confuse fantasy with reality unless actively playing make-believe.

At the age of three, questions will

Early years set the stage for all future development

flow. Children want to know “why.” Often the questions are those that you will not be able to answer such as “why is there water in the ocean” or “why can’t I fly.” The three year old will encounter many learning challenges as her reason-ing will still be one-sided. She will not be able to solve problems that require her to consider more than one factor at a time. Speaking of time, her sense of time will become much clearer and she will look for the mailman each day and won-der why the garbage man only comes once a week.

By the age of four, the child is begin-ning to explore many basic concepts that will be taught in greater depth in school. He understands that the day is divided into morning, afternoon and evening and that there are different seasons. Parents will want to respect his special interests and talents at this stage. If the child is very active and climbs on every-thing, take her/him to a children’s gym-nastics class. This is the age that children should begin to enjoy learning so they will be self-motivated when it comes time to start Kindergarten.

Preschools play an important role in helping parents provide a stimulat-ing setting for their toddlers. In Gilroy, GoKids provides a program that is literally “child’s play” — designed to support cognitive development through fun activities and problem solving. Their highly trained staff provides just the right amount of assistance without stifling a child’s creativity or interfer-ing with their natural learning comfort level. The GoKids program philosophy includes their commitment to creating and maintaining high-quality programs for children that foster social, emotional, physical, and cognitive development while recognizing the importance of family, culture and the community.

The Kid’s Corner

Cognitive Development:Age 2

Says words, phrases and simple sentences, 272 words, understands simple directions, identifies simple pictures, likes to look at books, short attention span, avoids simple haz-ards, can do simple form board.

Age 3

Says short sentences, 896 words, great growth in communication, tells simple stories, uses words as tools of thought, wants to understand environ-ment, answers questions, imagina-tive, may recite few nursery rhymes.

Age 4

Uses complete sentences, 1540 words, asks endless questions, learn-ing to generalize, highly imaginative, dramatic, can draw recognizable simple objects.

Age 5

2,072 words, tells long tales, car-ries out direction well, reads own name, counts to 10, asks meaning of words, knows colors, beginning to know difference between fact and fiction–lying, interested in environ-ment, city, stores, etc. Sources: American Academy of Pediatrics, Excerpts from Caring for Baby and

Young Child: Birth to Age 5; American Medical Association, Medem.com; The Theory of Cognitive Development by Jean Piaget; GoKids Inc./gokids.org

Specializing in Residential Fencing

Serving the Entire Bay AreaBeauty by Appointment

8060 Santa Teresa Blvd • Ste 150 • Gilroyhellogorgeousgilroy.com

408.846.0000



the birdman

ofGilroyI

n the foothills of Gilroy there is a tranquil ranch with noisy occupants… big beautiful birds!

Back in the 1980’s Al and Jane Howard were looking for a retirement home away from the congestion of the San Mateo area. Someone suggested Gilroy and after some research Gilroy was selected. Looking ahead Al wanted to be a gentleman farmer and raise something that might produce some income in retirement.

After attempting to raise English swans he switched to a family of birds know as Psittaciformes… or as most of us know them… parrots, macaws and cockatoos. Al now has many birds. They are very colorful. They are very loud. Strangers provoke piercing cries of alarm. But are they beautiful! As for that retirement income, sell-ing and trading barely covers expenses.

Housed in two barns, the birds are for the most part breed-ing pairs. Once the chicks are born they are turned over to a woman who hand feeds them, preparing them for life as a pet. Interestingly, large birds that are hand fed often they see their handler as a partner and do not breed. Al’s birds, on the other

hand, are raised as breeding pairs with a minimum of human con-tact. Most are weary of human contact and some are downright aggressive. One large parrot, called Dragon Queen for good rea-son, is even aggressive to potential partners.

Another bird, a crested cocka-tiel called Fred, is very friendly and easily takes the honors as the favorite bird. He sometimes gets to roam the grounds exploring bushes and trees.

Raising breeding pairs is a sensitive and complicated task. Ample security is needed to keep out curious human and thieves. Additional security is needed to protect the birds from predatory animals. Precautions are taken to keep birds of prey, raccoons, possums, rats, dogs and cats away from these beautiful birds. Even with all the security the birds seems to be happy and thriving. And are they beautiful!

Some are very intelligent and pick up on things many of us would miss. One male Eclectus parrot picked up on Al’s greeting to his wife, Jane, and now does a random and sometimes confusing “Hi Jane” in Al’s low voice. He then mixes it up with a higher pitched “Hi Al” in Jane’s voice. Al and Jane are not always sure who is home!

One of the most unique

Female Eclectus (above) and male breeding partner (far right.)


the birdman

ofGilroy

and beautiful breeding pairs are the Leadbeater’s or the Major Mitchell’s Cockatoos, commonly known as Pink Cockatoos. They are shy birds. Originally from Australia, the most prominent fea-ture of these medium-sized birds is the large white-tipped crest that is banded in red and gold. They have soft-textured white and salmon-pink plumage. They are named

in honor of Major Sir Thomas Mitchell, who wrote: “Few birds more enliven the monotonous hues of the Australian forest than this beautiful species whose pink-colored wings and flowing crest might have embellished the air of a more voluptuous region.”

Thank you, Al Howard, for sharing your unusual collection of beautiful birds with us.

Top Left: Al Howard and his pet Moluccan cockatoo, Fred. Left: Blu and Gold Macaws.


More and more people are building elaborate outdoor BBQs. Gilroy’s mild climate makes the extension of our living space to the outdoors quite desirable. And outdoor BBQ’s

afford us the opportunity to create gathering places which are not only beautiful, but also fun places to entertain family and friends and cook meals. Consequently, the BBQ has become a key element of our backyards.

Personally, I think one of the major benefits of this trend is that more men are cooking. Barbecuing offers a lot of appeal to men: it’s outdoors, there’s tech issues to talk about – with BTUs and hardware, they have lots of cool new accessories to play with, and there’s a per-ceived danger – the fire. And, for some reason, men seem to bond around the BBQ.

BBQ’s will surely be enjoyed by your whole family but this can be a serious investment. So, as you plan your outdoor kitchen space, you will want to consider:

The Location Unlike its ancestors, the clunky eye sores that sat off in a corner gathering dust, the modern BBQ, with its new creative design, is a focal point for your family BBQ, pot-luck parties, or wine tastings. The proximity to the kitchen is the first practical decision you need to make. You won’t want the heavy structure of a BBQ and counter to command too much attention. And the view of the Gilroy coun-tryside or your pool and garden should take center stage. So, be sure to give careful consideration to this “room with a view.” Don’t forget about those Gilroy summer winds that come onshore until sunset. And make sure you know which way your smoke will blow.

The Ingredients The necessities include: 1) the grill (4 or 6 burner is most popular 60,000 BTU will do — Viking and Linn are quality, popular brands); 2) shade (either an umbrella, an arbor, or trees); 3) wind (protection

For more information, contact Karen Aitken, Landscape Architect, of www.aitkenlandscapes.com. (408) 842-0245. Karen is a Gilroy based landscape Architect known for the design of Gilroy Gardens as well as over 1,000 gardens in the south bay. Karen’s work has recently been highlighted in the new Sunset Gardens book, Stone & Patio Design Guide. She is a contributor to the Sunset Book BBQs & Outdoor Kitchens.

from); 4) lighting- (both decorative and functional . . make it your night time party space); and 5) electricity (outlets for small appliances).

The nice to haves include: 1) bar seating for the whole family; 2) cool appliances (fridge, ice maker, sink, side burner, warmer, cabinets, dish-washer, kegerator, wok, and tanduri. . . the list goes on and on, as does everyone’s opinions); and 3) the latest craze, a pizza oven (that usually gets crossed off the list once you get the quote).

Real practical considerations include: 1) plenty of counter space (minimum 6 feet long, 36” high, and 30” deep, with room for more than one cook . . . think ergonomically); 2) form of frame construc-tion (concrete block most popular method, then poured concrete, and steel); 3) drainage (for fridge and under counter); 4) municipal code requirements (for gas, electric, and plumbing hookups); and 5) last but not least, weather resistant construction material for all the details.

The Look Your outdoor kitchen should be a reflection of your personal style. Make sure it blends well with your house — similar colors, construc-tion materials, and details. Try to keep the chef ’s side of the kitchen, with all those appliances and steel cabinets, out of the main view from your house or garden.

The counter top is the piece de resistance of the outdoor kitchen. This is where your artistry can really show. The most popular material options include concrete, granite slab, slate or flagstone, composites, brick and tile. All have good and bad qualities. You will want to do some homework in your quest for the perfect BBQ space.

Outdoor Spaces


More of us do better more of the time

when we respect each other and avoid taking advantage. Every major faith tradition has some form of the Golden Rule, teaching us to treat others as we wish to be treated. In our personal, business and civic lives, we have developed traditions and ways of encouraging our-selves and each other to do the right thing. For example, Rotary Clubs and Rotarians worldwide are dedicated to teaching and supporting vocational ethics and ethical literacy. Rotarians have adopted the Four-Way Test for dealing with each other: Is it the truth? Is it fair to all concerned? Will it build goodwill and better friend-ships? Is it beneficial to all concerned?

Another example is a framework for character education called CHARACTER COUNTS! Developed by the Josephson Institute of Ethics in Los Angeles, this framework uses the Six Pillars of Character: Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship. CHARACTER COUNTS! has been shown to be effective in building good character and teaching good behav-ior and is being used by the Gilroy Unified School District, with the support of the Gilroy Educational Foundation, the local Bar

by Lloyd W. Lowrey Jr.

DoingRight

LEGALLYSpeaking

Lloyd Lowrey is the current President of the Rotary Club of Gilroy, current President of Leadership Gilroy, and is the share-holder in charge of the Gilroy office of Noland Hamerly, Etienne & Hoss, a professional corpora-tion of attorneys at law. Lloyd’s practice empha-sizes real property, water, public agencies and busi-ness and nonprofit orga-nizations. He advises and represents clients in transactions, operational issues, and resolving dis-putes through negotiation, mediation, arbitration and litigation.

Association and the Gilroy Rotary Club.

Because most folks in the United States his-torically want to do the right thing and because of programs to teach and encourage good character, we usually expect ethical behavior from others in our dealings. However, events like the recent Bernard Madoff scandal demonstrate all too often that we need laws to con-trol our ethical lapses.

Most of us never have to deal with the laws that govern the most obvious bad behavior. But this nation’s commitment to the rule of law means that we walk daily in what has been described as a “seam-less web” of laws, includ-ing many that are not all that obvious. While common sense and guides to conduct will usually keep us out of trouble, we sometimes need legal advice to stay within the law and reduce exposure to liability in our personal activities, business activi-ties, as volunteers in non-profit organizations, as government officials, and in being responsible for the affairs of others.

Personal Activities Our personal activities can involve circumstances or government regulations that require legal advice. Examples include the complexities of transition and estate planning, the need to obtain govern-ment permits or benefits and disputes with neigh-bors over lot lines, ease-ments and conduct.

Business and Real Estate ActivitiesBusiness and real estate deals are normally carried out at arms length, with each participant being responsible for his or her own interest. However, people who provide infor-mation that is relied on by others in business and real estate transactions may be liable if the informa-tion is intentionally or negligently not accurate or incomplete, particularly if they have more educa-tion, experience or access to information. Board members and officers of business organizations have a legal duty of loyalty and a duty of care. The duty of loyalty requires decisions and actions to be based on the best interests of the organization. The duty of care requires board members and officers to be diligent in getting information and advice before making a decision. Failure to seek professional advice in making a com-plex decision can expose a board and board mem-bers to potential liability.

Partners may be liable for the actions of other partners. Partners and shareholders, especially those with majority inter-ests, also may be liable if they take more than their fair share of the benefits of the business for them-selves or make personal use of valuable informa-tion that is meant for the business. Employers may be held liable if they deal unfairly or discriminate in hiring, disciplining and compensating their employees.

Volunteer Activities Members of nonprofit organizations normally aren’t liable for organiza-tion debts and liabilities. However, a member or person in control of an unincorporated non-profit association may be subject to personal liability. Nonprofit board members and officers also have the duties of care and loyalty and should be scrupulous in avoiding personal benefit from the organization. Because nonprofit organizations often involve members and decisions that allo-cate resources or benefits between members, there is a requirement of fair-ness and due process in making such decisions. For charitable and tax-exempt organizations, there are complex record-keeping, registration and reporting requirements

“Always do right.

This will gratify

some people and

astonish the rest.”

Mark Twain

While com-mon sense and guides to conduct will usually keep us out of trouble, we sometimes need legal advice…

Continued on page 30


Don Christopher celebrates 75th Birthday AUGUST 8, 2009

Family and friends joined Don Christopher at The Horse Ranch in San Juan Bautista to celebrate Don’s 75th Birthday. The event was catered by Borofka’s Catering and music was provided by one of Gilroy’s most talented musicians, Ted Sanchez.

LEFT TO RIGHT: Jeff & Diane Stokes; Don’s grandson, Kenny Christopher; Don Christopher; Grandson Kevin Christopher; son Bill Christopher, Louis Bonesio; and Don’s brother, Art Christopher.

ABOVE: Karen and Don Christopher with grandson, Blake Romero. LEFT: Christopher Ranch Employees — Mike Cech, Patricia DeStasio, Bridget Dunning, Janette Codiga, Marina Holladay and Sara Macias.


June 20, 2009Fernwood Cellars

TOP: Rob Hoffmann and friends make lobsters smile for the camera. BOTTOM (l-r) Tiff Oettinger, Tracy Shipman, Linda and Steve Hussar, Lisa and Matt Hussar, Kevin Godden, J. Chris Mickartz and Addie Habit.

Eagle Ridge Ladies Charity Invitational

Lobster Feed Redwood Retreat Grove

Gilroy’s wineries hold events year round for the enjoyment of their wine club members and the community. Information regarding each can be found on their websites or at gilroyvisitor.com.

Judy Ames, Eagle Ridge Ladies Charity Invitational Golf Tournament Planner, presented proceeds from their June 9th “Home on the Range” western-themed Charity Invitational to Rebekah Children’s Services Executive Director, Mary Kaye Gerski. Thanks to the hard work of the Eagle Ridge Charity Invitational commit-tee and the generous support of many south bay business owners they were able to donate $4,500 to Rebekah Children’s Home. From left to right: Janet Larson, Co-Chair, Mary Kaye Gerski, RCS Executive Director, Judy Ames, Charity Invitational Tournament Planner, Eleanor Villarreal RCS Public Relations, and Bonnie Ikemoto, Sponsor Chair.

web infopowercommunications.com • email [email protected] • phone 408.848.6540

graphicsphotographypublishingweb


that often require professional advice. Tax laws are perhaps more obvious. Less obvious are require-ments like registering with the Office of the California Attorney General’s Registry of Charitable Trusts.

Government OfficialsThe same duties of loyalty, care, fairness and due process that apply in private organizations apply with even greater force in govern-ment. Laws to enforce the duty of loyalty generally prevent gov-ernment employees from having business transactions with their agencies and from serving on the boards of agencies that have over-lapping jurisdiction or engage in transactions with each other. In addition, there is a requirement of openness that exposes the actions and records of public officials to public disclosure to promote accountability.

Trusted Helpers The highest requirement of loyalty and care applies to trust-ees, guardians and persons in similar fiduciary roles. Good recordkeeping and good, written communication are important to document the trustee’s lack of personal benefit. Actions may require prior written notice to beneficiaries and may also require court approval. A trustee with multiple beneficiaries must be careful to comply with the terms of the trust and to treat all ben-eficiaries impartially, except to the extent the trust’s terms provide otherwise. In additional to tax reporting obligations, a trustee or guardian may be required to peri-odically account to the benefi-ciaries, and, in some instances, a court, to show that he or she has been loyal and careful. A trustee should be careful to avoid even

the appearance of impropriety; for example, the trustee should not make a loan of trust property to him or herself, even at the market rate of interest, unless the trust document specifically authorizes such a loan.

Following the Golden Rule, the Four-Way Test, the Six Pillars of Character, and the duties of loyalty and care, fairness, due process and openness will reduce, but not eliminate, the need for legal advice. When you need us, the attorneys at Noland, Hamerly, Etienne & Hoss and the other members of your local Bar Association are ready to help you do right.

If you have comments on this article, questions that might be answered in a future article, or other questions or comments, please feel free to contact me at [email protected].

LegallySpeakingcontinuedfrom page 28


The Community is invited to the

Unveiling of the “Legacy of Gilroy” Downtown Sculpture Project

Saturday, October 17, 2009Ceremony begins at 10 a.m.

Corner of 4th & Monterey at the Pinnacle Bank Plaza

Art & Culture Exhibit following at 11a.m. at the Willey Cultural Center, 140 Fifth Street

Join us as we celebrate Gilroy’s history.Both events are held during the

Downtown Art & Wine FestivalPresented by the City of Gilroy Community Services Department,

Gilroy Arts & Culture Commission and the Gilroy Public Art Committee

&

Hospitality Transportation Commerce

The Perfect Doctor is easy to find.

Your Doctor For Life

www.SaintLouiseRegionalHospital.org9400 No Name Uno, Gilroy CA 95020(408)848-2000

Saint Louise Regional Hospital offers a Physician Referral Line to help you locate the perfect physician. Call (408)782-1501 to find the doctor you need.

Featuring Our Dedicated Radiologists

When you need compassionate, world-class health care, you can turn to your neighbor for life, Saint Louise Regional Hospital, in Gilroy.

Dr. Richard PorzioCertified Diagnostic Radiologist

Subspecialty Training in Body ImagingAmerican Board of Radiology

Dr. Kyle YuCertified Diagnostic Radiologist

Subspecialty Training in Musculoskeletal ImagingAmerican Board of Radiology

Dr. Conway LienCertified Diagnostic Radiologist

Subspecialty Certification in NeuroradiologyAmerican Board of Radiology

Dr. Garth HarleyCertified Diagnostic Radiologist

Subspecialty Certification in NeuroradiologyAmerican Board of Radiology

Dr. Mario SattahCertified Diagnostic Radiologist

Subspecialty Certification in Vascular& Interventional Radiology

American Board of Radiology

Dr. Sam KokorisCertified Diagnostic RadiologistComputer Imaging SpecialistAmerican Board of Radiology

Dr. T. Tejpal SinghCertified Diagnostic Radiologist

Subspecialty Training in Neuroradiology& Musculoskeletal Imaging

American Board of Radiology

7446 Rosanna Street • Gilroy, CA 95020

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Documents

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im happy

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