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Minutes 1980/10/27 l 4476 I I i "', -- ", , " , ," "',- , , October 27, 1980 Gilroy, California The Continued Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor tlorman B. Goodrich at 8:02 p.m. Roll Call Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be adopted by the follow- ing Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich; Consent Calendar Minutes Approved the Minutes of the Regular Council Meeting of October 6, 1980; Ord. #80-29 Adopted Ordinance No. 80-29 Amending Municipal Code Sections 16.28, 16.29, and 16.30 re: Conduct in Public Places. ORDINANCE NO. 80-29 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 16.28, 16.29, and 16.30 OF THE GILROY CITY CODE RELATING TO CONDUCT IN PUBLIC PLACES. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Intro. Ord. re: Introduced a proposed ordinance to be published by title and summary Sick Leave amending Municipal Code Section 17.5 in accord with July 1, 1979, Memorandum Policy of Understanding re: Sick Leave Policy; '''''',~'''''' _...,;_.,........,..)".~,_,......40;o". .."'....'..,...i..'....... .,' ',"~ ""~.,, '..\ '..... ,..;.~......."'.1"t..:~.....+L ...."".~ '_:-'_ .. ,o;^.ol'-.i _., ...,.,'-.,....".-.,~.:...,.,.. >.,,,- ,."',......,,'..'-'...,~-, _".}f,'.. ..-i,.." ., 4477 - Pub. Hear. re: Weed Abate. Set November 17, 1980, as a Public Hearing date re: Report and Assessment of Weeds and Refuse; IfIIII.- Damage Claim J.L. West We 11 #6 Denied a damage claim of J. L. West; ,..... Ind. Odor Control Project Def. Dev. Mulch & Sargenti Pub. Hear. T. King Rezoning Accepted Well No. 6 as recommended; Partially accepted the earthwork portion of the Industrial Odor Control Project as recommended; and .... Agree. Approved Deferred Development Agreements with Guido Sargenti and with Charles A. Mulch, Jr., as recommended. re: The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Thomas A. King, applicant, for 2.41 acres located at the northwest corner of Morey Avenue and Hecker Pass Highway from R1 (Single Family) District to R3 (Low-Density Multiple Family) District. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Pate and carried that the public hearing be closed. Discussion was had by Council on the matter. ...."" Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of the proposed ordinance rezoning said property be waived and that it be introduced and published by title and summary. Discussion was had on the motion. Councilwoman Albert recommended addition of a mitigating factor that the landscaping be planned to insure that there is a continual visual and esthetic quality, and that it be twenty feet (20') with only openings for access and no parking or build- ings within the twenty feet. It was noted that this matter could be required at the time the plans for the property are presented for Council approval; that, at this time, the issue is zoning only. Motion was carried. Council Members Albert and Cunningham voted "no" on the motion. - Pub.Hear. re: Wm. Hemph i 11 Rezoning The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of William Hemphill, applicant, for a 4,800 sq. ft. parcel located at 164 West Sixth Street between Church and Eigleberry Streets from R3X (High-Density Multiple Residence) District to C1 (Neighborhood Commercial) District. Planning Director Dorn presented and explained the Staff Report. ... The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. Mr. David V. Stout, 7477 Eigleberry Street, addressed the Council, representing the applicant, noting that the applicant was informed by the City that said property was located in a C1 District and later in- formed that same was in an R3X District after said property had been purchased. .. The Mayor asked if there was anyone further in the audience wish- ing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. - Motion was made by Councilman Cunningham seconded by Couniclman Pate and carried that the reading of the proposed ordinance rezoning said property be waived, that it be introduced and published by title and summary. Councilwoman Albert and Councilman Link voted "no" on the motion. - 4478 Mr. Mert Kerr re: Mr. Mert Kerr, 7200 Princevalle Street, Gilroy, addressed Mobile the Council requesting permission to store a mobile home in the back Trailer of his property on Princevalle Street. --- - The Mayor continued the matter to the November 3, 1980, Regular Council Meeting in order for Staff to prepare a report and recommenda- tion on said request. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment ... from anyone in the audience. - Filice Est. Vyds. re: C1-PUD A letter from Filice Estate Vineyards was noted accompanied by a Staff Report on same, requesting an extension on a C1-PUD at First Street and Wren Avenue. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the extension request be granted noting no time limit on said extension in accord with the Zoning Ordinance. Kazanjian re: A letter from Jack B. Kazanjian was noted accompanied by a Non-Conforming Staff Report on same, requesting an extension of the one (1) year Use grace period for pre-existing use at 7744 Eigleberry Street. Mr. Veron Truitt, 10435 Garcia Lane, Gilroy, addressed the Council and further explained the proposed use of said property if the extension is granted. Di scuss i on was ;had by Counci 1 on the matter. Motion was made by Councilwoman Hughan seconded by Council- woman Albert and not carried that the request be denied, by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan and Goodrich. Noes: Council Members: Cunningham, Link, Pate and Taylor. ~ Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the request for extension of the one year grace period for a pre-existing use (body shop) at 7744 Eigleberry Street be granted by the following Roll Call Vote: Ayes: Council Members: Cunningham, Link, Pate, Taylor; Noes: Council Members: Albert, Hughan and Goodrich. - Police Dept. The following letters of commendation to the Gilroy Police Personnel Officers were noted: South County Alternatives, Inc.; Citation Homes; and Chief Cowart. On behalf of the Council, the Mayor com- mended said Police Officers. Legalization A letter from Elsinore Senior Citizens was noted urging the of DMSO legalization of DMSO in California. Res. #80-99 Motion was made by Councilwoman Albert seconded by Councilman Taylor that the reading of Resolution No. 80-99 be waived and that it be adopted declaring the week of November 17-21, 1980, as Cancer Education Week and declaring Great Smokeout Day on November 20, 1980, as requested by the American Cancer Society. RESOLUTION NO. 80-99 .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CANCER EDUCATION WEEK AND SMOKEOUT DAY. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: - NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE ..... Cardroom License A request from Mr. G. Valverde for a Cardoom License at 7340 G.Valverde Monterey Street was noted accompanied by a Staff report recommending denial of same. lIIolIiIII ..... .... 4479 Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the request of Mr. G. Valverde for a Cardroom License be denied as recommended. Bingo Permit A letter from Plum Tree West Apartments Senior Citizens was noted Plum Tree West requesting waiver of the Bingo Permit Fee. Discussion was had by Council on the matter. .... ... R3 Density L imitati ons- D. Sa lter LAFCO-USA """'.... - Ind.Growth Management Policy Motion was made by Councilman Taylor seconded by Councilman Cunningham and carried that the Bingo Permit Fee for Plum Tree West Apartments Senior Citizens be waived as requested. A letter from Mr. Dan Salter requesting an exception to R3 (Low- Density Multiple Family) District density limitations was noted which was accompanied by a Staff report on same. Mr. Salter addressed the Council further explaining the request noting that the property contains four (4) parcels, two (2) for 4-plex lots and two (2) for 5-plex lots. He noted that Council reduced the density limitations in R3 zoning after he purchased the two (2) 4-plex lots and prior to final sale of the two (2) 5-plex lots. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the build-out schedule of Mr. Dan Salter as originally proposed be approved with the right to proceed under the original 18 units, allowing the applicant to resubmit for Architectural and Site Control Committee, further noting that this action would be in effect until December 31, 1981. The Mayor deviated from the regular agenda and presented a letter for Council approval proposed to be forwarded to the Local Agency Formation Commission requesting expansion of the Urban Service Area to allow construction of Advanced Micro Devices Facility in Gilroy. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Mayor be authorized to sign the letter as presented. Councilmembers Albert and Cunningham voted IIno" on the motion. City Administrator Wood recommended that an additional letter be forwarded to the Local Agency Formation Commission noting that the City is presently in the process of adopting an Industrial Growth Manage- ment Policy and that no additional industrial annexations will be pro- cessed during the interim period, noting that same may not be finalized until January 1981. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Pate and carried that an additional letter be forwarded to the Local Agency Formation Commission as recommended, noting the City's intent to adopt an Industrial Growth Management Policy. Councilman Cunningham voted IInoll on the motion. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. ~ Renaming Carlyle Director of Public Works-City Engineer Hansen presented a recom- Ave. to mendation to rename Carlyle Avenue to Church Street and further explained ..... Church St. the proposal. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Vivian Risk, 8995 Carlyle Avenue, Gilroy, addressed the Coun- cil, noting that he had no objection to the proposal but was concerned about access to his property. ..... -- Director of Public Works-City Engineer Hansen stated that access to Mr. Risk's property would not be a problem. 4480 The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. .... Res. #80-100 Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-100 be waived and that it be adopted renaming Carlyle Avenue to Church Street. - RESOLUTION NO. 80-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RENAMING CARLYLE AVENUE TO CHURCH STREET. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: - - COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NONE NONE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Renaming Director of Public Works-City Engineer Hansen presented a Luchessa Ave. recommendation on the City's intent to change the name of the east- west portion of Luchessa Avenue to Thomas Road and further explained same. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Jack Spence, 110 Luchessa Avenue, owner and operator of Jack's Overhead Doors, addressed the Council opposing the street name change. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Phil Wenzinger, 110 Luchessa Avenue, Manager, addressed the Council opposing the street name change. ... Mr. Dave Abbott, 110 Luchessa Avenue, addressed the Council opposing the street name change and suggested that Thomas Road be changed to Luchessa Avenue. - Mr. Hiram Miller, 7317 Miller Avenue, member of the Street Naming Committee, addressed the Council noting that the Committee was not informed of the City's proposal to change Carlyle Avenue to Church Street, nor the proposal to change Luchessa Avenue to Thomas Road. Mr. Jess Sanchez, South Valley Food Services, addressed the Council opposing the proposed street name change. Discussion was had by Council. No formal action was taken on the matter, and Council expressed their desires to leave the east/west portion of Luchessa Avenue as it is and instructed Staff to report back to Council on the possibility of renaming the north/ south sections of Luchessa Avenue at a future date, preferrably prior to any development in the Obata Industrial Park. The following informational items were noted with no separate discussion on same: -- Letter of commendation re: Police Personnel; and - Progress Report of City Planning Department activities. So.S.C.Co. Housing Dev. Corp. Councilman Link noted the letter from the South Santa Clara County Housing Development Corporation to clarify, in his opinion, a misconception regarding funding of South Santa Clara County Housing Development Corporation. He noted that under HUD rules, any organi- zation has a right to submit proposals to HUD for HCD funds with the stipulation that they must conduct a public hearing in the area in which they operate. He further noted that the City of Gilroy would be the body holidng the public hearings, not involved in the request for funds, nor in the expenditures of said funds. He further noted that the responsibility falls entirely upon the South Santa Clara .... - 1JIIll'<'..~'- - ,""'" ~ P & R Com. 10/21/80 San Ysidro Pk. Lighting Wheeler Aud. Conversion Facil ity Fee Youth Orien- ted Groups ...... Rental Fees- Tables & Cha i rs ..... Personnel Com. 10/22/80 Pers. Dir. Classif. Obata Ind. Pk. Assess. DisJ:. Res. #80-lOi lII""lIl ...... ... 4481 County Housing Development Corp. through their own committee to expend the funds and be responsible to HUD for said funds. He noted that with or without the City of Gilroy's approval, the requested projects can be submitted to the HCD Counsel and the Board of Supervisors. He further informed Council that eventually the South Santa Clara County Housing Development Corporation will be a self-sustaining organization; that they will not receive HCD funds in the future; that the funds within this area will be recycled back to the corporation and they will be completely self-sustaining. He further informed Council that HUD has stated that unless some funds are made available in all sections of the County involved to alleviate the housing in low and moderate incomes, the City will not be entitled to funds for community development. The Minutes of the Parks and Recreation Commission Meeting of October 21, 1980, were noted. Assistant City Administrator Reinsch noted that Parks and Recreation Director Ayer was ill and left the meeting. Discussion was had regarding the recommended lighting for San Ysidro Park. Motion was made by Councilwoman Hughan seconded by Council- man Taylor and carried that Alternate No.2 authorizing installation of galvanized poles for lighting at San Ysidro Park be approved as recom- mended. The Mayor appointed Councilwoman Hughan as a Council representative on the Wheeler Auditorium Conversion Project Committee as requested by the Parks and Recreation Commission. Council continued action on Facility Use Fees for youth-oriented groups to the November 3, 1980, regular Council meeting to await Staff's recommendation on same. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the rental fees for chairs and tables be approved as recommended by the Parks and Recreation Commission. The Report of the Personnel Commission Meeting of October 22, 1980, was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the classification description for Personnel Director be approved as recommended. City Administrator Wood presented resolutions in regard to forma- tion of the Obata Industrial Park Assessment District. Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 80-101 be waived and that it be adopted determining to undertake proceedings pursuant to Special Assess- ment and Assessment Bond Act for the acquisition and construction of im- provements without proceedings under Division 4 of the Streets and High- ways Code. RESOLUTION NO. 80-101 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREET AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA - OBATA INDUSTRIAL PARK ASSESS- MENT DISTRICT. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Res. #80-102 Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 80-102 be waived and that it be adopted appointing engineer and authorizing execution of agreement for engineering services in connection with Obata Industrial Park Assessment Di s tri ct. - 4482 RESOLUTION NO. 80-102 A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: - ... NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE ..... Res. #80-103 Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-103 be waived and that it be adopted appointing attorneys. - RESOLUTION NO. 80-103 A RESOLUTION APPOINTING ATTORNEYS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Res. #80-104 Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-104 be waived and that it be adopted for intention to acquire and construct improve- ments. RESOLUTION NO. 80-104 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: ..... NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE - Ind. Wastewater City Administrator Wood reocmmended commendation to city Facilities employees and contractors for their outstanding efforts building up levees at the Industrial Wastewater Percolation Facilities. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the city employees and contractors be commended for same as recommended. Multi-Service City Administrator Wood presented a request of the Chief of Officer Police to hire a second Multi-Service Officer for jail duty. Police Chief Cowart further explained the request. Motion was made by Councilman Taylor seconded by Councilman Cunningham that a second Multi-Service Officer be hired for jail duty as requested with the stipulation that same be reviewed at the next budget sessions for inclusion or deletion of same in the 1981-82 budget. - Budget Amendment City Administrator Wood presented a recommendation for a Police Bldg. budget amendment for Police Department repairs to the building in the amount of $1,600.00. - Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that a $1,600.00 budget amendment be approved as recommended for Police Department building repairs. ..... City Auction City Administrator Wood presented a report on the recent city auction. .""",,, """" Fees re: returned checks ililI$.0<.. JI!lIi*".... - OTS Grant- Drinking Drivers Wren Ave. Traffic Striping Reservoir B 4483 City Administrator Wood presented a recommendation for increasing fees for returned checks. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 80-105 be waived and that it be adopted increasing fees for returned checks. RESOLUTION NO. 80-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A RETURNED CHECK FEE. PASSED AND ADOPTED this 27th day of October, 1980, by the following vote: AYES: COUNCIL .MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A report on OTS Grant - Drinking Drivers, was noted. Police Chief Cowart further explained the matter. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the Drinking Drivers Program be approved in concept noting that after proper evaluation, and if the program operates as intended, the City would expect to continue sa i d program. Director of Public Works-City Engineer Hansen presented and explained a report on Wren Avenue Traffic Striping. (Councilman Taylor left the Council Chambers at 10:41 p.m.) Director of Public Works-City Engineer Hansen presented and explained a report on Reservoir B. He further noted that the exterior and interior painting of said reservoir should be provided for in the 1981-82 budget. ...- Wells #5 & #3 Director of Public Works-City Engineer Hansen presented and explained a report on the status of Wells No.5 and 3. ...... Wastewater Tr. Operator II Industrial Design Guidelines ....... Chain Link Fencing .... Ind. & Com. Zoning .... - (Councilman Taylor returned and took his seat at the Council Table at 10:44 p.m.) Pl. Director of Public Works-City Engineer Hansen presented a recom- mendation to hire Don Chestnut to a Wastewater Treatment Plant Operator II position at Step B. Motion was made by Councilman Link seconded by Councilman Pate and carried that Mr. Don Chestnut be appointed to the position of Wastewater Treatment Plant Operator II at Step B, as recom- mended. The Mayor noted review of the proposed Industrial Design Guide- lines. Councilman Link requested that same be continued to the November 3, 1980, Regular Council Meeting since he was absent at the October 6, 1980, Council Meeting when said guidelines were included in the Council packets. The Mayor continued same to the November 3, 1980, Regular Council Meeting. The City Clerk gave Councilman Link a copy of said guidelines. The Planning Commission recommendation for reconsideration of Chain Link fencing in residential front yards was noted. Discussion was had by Council. Council took no action on said recommendation, noting that a request for chain link fencing in residential front yards could be acted upon through the variance procedure. Councilwoman Albert requested Council to consider unique quality design in accord with the site locations for industrial and commercial zoning. Councilman Pate noted installation of the new Council Chambers c 1 oc k. 4484 State Water Quality Cont. Brd. Hearing P & R Dept. City Administrator Wood reported on the recent State Water Quality Control Board Hearing held in the Council Chambers October 24, 1980, which was continued to November 14, 1980, in Carmel to allow the City of Gilroy to present a summary of their testimony. Assistant City Administrator Reinsch presented a $500 check from Nob Hill Store to the Parks and Recreation Department from a recent sports event conducted at the local schools. Monterey St. Mr. Gerald Hoff addressed the Council requesting that the Planters low planter boxes on Monterey Street be removed as they are a hazard to pedestrians. ~ I Adjournment Mr. William K. Henry, Jr., Civil Engineer, addressed the Council and suggested that the nort/south section of Luchessa Avenue be renamed "Spill Way." At 11:15 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~~~. d!e~1 ~ City C erk/ ~ ,. "'._ ",-... "....,.,.,~..'''"'''_''-;lo'''''".,.,.... .l," ~''"'<..'- _,. " ~... 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