Minutes 1978/11/06
l
Roll Call
Intro. new
Employees
4147
November 6, 1978
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: William E. Childers, Brian D. Cunning-
ham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout
and Norman B. Goodrich.
The Mayor introduced the following new employees: Linnie Jenkins,
Clerk Typist I; Barbara Hagins, Personnel Clerk; Linda perruccio, Police
Cadet; Rickey Brandini, Park Arborist; William A. Headley, Jr., Park
Supervisor; and William Deiber, Auto Equipment Mechanic I.
4148
Employee
Service
Awards
Consent
Calendar
Minutes
Ord. #78-32
McCamish
Rezoning
Pub.Hear. re:
Filice Est.
Vineyards
Rezoning
Agree. re:
Housing
Authority
Pub.Hear. re:
L & LEnt.
rezoning
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The Mayor presented employee service awards to recipients
present.
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Motion was made by Councilman Link seconded by Councilman
Pate that the following items under the Consent Calendar be anopted
by the following Roll Call Vote: Ayes: Council Members: Childers,
Cunningham, Hughan, Link, Pate, Stout and Goodrich.
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Approved the Minutes of the Regular Council Meeting of October
16, 1978;
Approved the Minutes of the Special Council Meeting of October
23, 1978;
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re: Adopted Ordinance No. 78-32 rezoning property of Daniel
McCamish located on the south side of Leavesley Road between Forest
Street and Murray Avenue from M2 to C2 District.
ORDINANCE NO. 78-32
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 0.546 ACRE PARCEL ON THE SOUTH SIDE OF LEAVESLEY
ROAD BETNEEN FOREST STREET AND MUR.~Y AVENUE FROM M2 (GENERAL INDUS-
TRIAL) DISTRICT TO C2 (GENERAL CO~1ERCIAL) DISTRICT.
PASSED AND ADOPTED this 6th day of November, 1978, by the following
vote:
AYES:
COUNCIL MEMBERS:
CHILDERS,
STOUT AND
NONE
NONE
CUNNINGHAM, HUGHAN, LINK, PATE,
GOODRICH
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
set a Public Hearing date of November 20, 1978, on a rezoning
request of Filice Estate Vineyards for property located on the east
side of Wren Avenue at Montebello Drive, containing 10.7 acres of
land from Rl (single Family Residence) to PO (Professional Office)
District;
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Extended the present agreement with the Housing Authority of
the County of Santa Clara from september 1, 1977, through August 31,
1987;
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Set a public hearing date of November 20, 1978, on a rezoning
request of L & L Enterprises for property located at the southeast
corner of Pierce and Church Streets containing 1.58 acres from M2
(General Industrial) District to CM (Commercial Industrial) District.
weed Abatement Fire Chief Brittain presented and explained a report on the
Contract Weed Abatement Contract Bid for 1979 noting certain typographical
errors, recommending correcting same. Comparative cost bids for 1977,
1978, and 1979 were noted as informational.
Motion was made by Councilman Link seconded by Councilman Cun-
ningham and carried that the Weed Abatement Contract Bid of C. J.
Simms, Co., Inc., be awarded with corrections noted for the 1979
Weed Abatement Program.
Bids re: Police A report on bids regarding the police Department roof was
Dept. Roof noted.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the bid be rejected and that $500 be authorized
for repair only of said roof at this time.
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Bids re: Houses A report on bids regarding sale of houses in regard to the
at New City new City Hall Project was presented noting that a bid has been sub-
Hall Site mitted for the house and garage at 375 West Seventh Street in the
amount of $17.50. Motionwas made by Councilwoman Hughan seconded
by Councilman stout and carried that the bid of $17.50 for the
garage and house at 375 West Seventh Street be accepted. Councilman
Cunningham voted "no" on the motion.
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Pub. Hear. re:
Davidson
rezoning
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2nd Pub. Hear.
re: HCD Funds
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4149
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoning request of Charles W. Davidson for
property located at the southeast corner of First Street and Santa
Teresa Boulevard containing 3.31 acres of land from Rl (Single Family
Residence) District to Cl (Neighborhood Commercial) District.
Planning Director Dorn presented and explained Staff's report
on same noting that Staff recommended denial of said rezoning and the
Planning Commission recommended approval of same.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Mr. Howard Smith, realtor representing Mr. Davidson, addressed
the Council noting that the owner does not envision any lot splits
for the commercial plan not completed at this time for said property.
Mrs. Marcia Keahey, representing W. R. Howson Properties,
addressed the Council noting no objection to the rezoning but concern
about access to their property from any street extending southerly
from the subject application; they would not want their lands split
by such a street extension.
Discussion was had by Council on the matter. Motion ~as made
by Councilman Link seconded by Councilman Childers and carried that
the Public Hearing be closed.
Council discussion was had on the matter. Council requested
that if there were ever any intention to propose lot splits on the
property that they be informed of same.
Motion was made by Councilman stout seconded by Councilman Pate
and carried that a proposed ordinance be introduced, the reading waived,
and that it be published by title and summary. Councilman Cunningham
voted "no" on the matter.
The Mayor stated that it was the time and place scheduled for
a second public hearing on HCD Fifth Year Application under the Housing
and Community Development Act of 1977.
HCD Grant Coordinator McGowan addressed the Council presenting
a recommendation to execute the HCD Joint Powers Agreement for 1979-80.
The Mayor stated that this matter would be discussed following the
Public Hearing on the HCD Fifth Year application under HCD Act of 1977.
HCD Grant Coordinator McGowan presented and explained the Staff
Report in regard to the HCD 5th Year Application.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Ms. Anne Rosenqweig addressed the Council noting a critical
lack of low income housing in Gilroy and urges not just housing related
funds but direct funding for land banking for purchase of land and
development for low income housing.
The Mayor asked if there was anyone further in the audience
wishing to speak.
Ms. Skip Pridham, representing the Gilroy Access Committee
addressed the Council noting that they are in favor of the curb cuts
as listed for the physically handicapped, noting that they would make
further presentation at the Third Public Hearing in regard to the HCD
5th Year Application.
Mr. Jesse Ponce, community worker for the Mental Health,
addressed the Council requesting that funds be allocated for purchase
of land for the low income housing program.
Mr. Paul Andrew, representing Hope Rehabilitation Services in
Gilroy, addressed the Council requesting consideration of funds for
their multi-purpose facility for the severely handicapped in Gilroy,
noting that their present funds are being used toward the purchase of
the land.
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4150
City Administrator Wood reported that Council would be
setting a precedent in regard to this request; that there are
100 organizations supported by the United Fund, and that the
greatest community need at this time is low and moderate income
housing.
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Mr. Jaime Rosso addressed the Coucnil requesting supporting
allocations of HCD funds for land banking.
Motion was made by Councilman Link seconded by Councilman
Childers and carreid that the Public Hearing be closed.
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Jt. Powers
Agreement
Res. #78-84
HCD Grant Coordinator McGowan recommended executing the HCD
Joint Powers Agreement for 1979-80. Motion was made by Councilman
Pate seconded by Councilman Link that the reading of Resolution
No. 78-84 be waived and that it be adopted authorizing execution of
the HCD Joint Powers Agreement for. 1979-80.
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RESOLUTION NO. 78-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING
EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREE-
MENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED.
PASSED AND ADOPTED this 6th day of November, 1978, by the following
vote:
AYES:
NOES:
AB SENT:
COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
It was noted that there would be a Third public Hearing on
the HCD 5th Year Application under Housing and Community Development
Act of 1977 on November 20, 1978, at the regular Council Meeting.
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Cont'd Hearing The Mayor noted that the closed hearing re: termination of
re: Ray Mr. Ray Salgado is scheduled to follow the regular agenda of this
Salgado meeting.
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Measure G
The Mayor noted a request of Al and Gloria Youngwerth to
submit petitions from County residents in opposition to Measure G,
November 7, 1978, Special Municipal Election consolidated with the
General Election.
Mr. Al Youngwerth addressed the Council and presented petitions
containing approximately 160 signatures of residents in the County
in opposition to Measure G.
Mr. Youngwerth suggested that Mr. Thomas Kruse, County resident,
be appointed to coordinate efforts between the county residents and
the City.
The City Attorney noted that City Commissioners must be
registered voters in the City of Gilroy. He further noted that
same was a Charter requirement and that in General Law Cities, such
as Morgan Hill, other provisions may apply.
High School
Parking
A request of the Gilroy Unified School District was noted
for parking restrictions on the north side of Tenth street. Dis-
cussion was had on the matter.
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Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the request be tabled.
Rent Stabiliza- A request from the Council on Aging of Santa Clara County,
tion Ord. Inc., was noted urging adoption of a rent stabilization ordinance.
Council took no action on same. ..
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4151
Tu Cantina Bar re: A request of Elias L. Rojas was noted for a municipal business
","''''' Card Tables license to operate two (2) card tables at the Tu Cantina Bar, 7355
Monterey Street.
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Plan. Com.
Report of
10/19/78 &
11/2/78
Hillside
Ord.
Urban Service
Area
P & R Com.
Minutes
10/24/78
Discussion was had on the matter. Motion was made by Councilman
Cunningham seconded by Councilwoman Hughan by the following Roll Call
vote that the request be denied. Ayes: Council Members: Childers,
Cunningham, Hughan, Link, Pate, and Goodrich. Noes: Council Member:
stout.
The following informational items were noted with no separate
discussion on same except the letter from the Santa Clara Valley Water
District.
Discussion was had in regard to the letters from the Santa Clara
Valley Water District re: Modification in use of reclaimed water con-
cerning school and Christmas Hill Park. Councilman Link requested that
the City determine why this ruling has been taken when the Golden Gate
Park in San Francisco is allowed to use reclaimed water at said location.
Letter from Congressman Mineta re: Effects of Poposition No. 13;
Letter from San Jose Mercury-News re: recent editorial; and
Ground-breaking Route 101 Freeway, Ford to Cochran Road.
Reports of the Planning Commission's Meetings of October 19,
1978, and November 2, 1978, were noted.
The Planning Commission requested urging Council to obtain
Staff Budget support to facilitate preparing a Hillside Ordinance.
Planning Director Dorn reported that the present Staff, including
recruitment for an Associate Planner, would be adequate staff to allow
facilitating preparation of a Hillside Ordinance, same proposed to
begin following the Growth Management Committee and General Plan studies.
Urban Service Area requests referred by Council October 23, 1978,
to the Planning Commission were noted: 1) Planning Commission re-
affirmed their initial recommendation not to include the Assembly of
God, application #23 in the Urban Service Area; 2) Planning Commission
recommended approval of Ernest S. Filice, application #L4, in the Urban
Service Area.
Mr. Don McMurray, Pastor of the Assembly of God Church, addressed
the Council explaining proposed plans for development of the church
property under application #23. He noted that the plans would include
a church, school building, parking facilities and, possibly, one residence
for the Pastor's residence.
The Minutes of the Parks and Recreation Commission Meeting of
October 24, 1978, were noted.
The Minutes of the Senior Citizens' Advisory Committee Meeting
of October 17, 1978, were noted.
The Parks and Recreation Director's memo was noted in regard to
Uvas Creek Natural Preserve, and further explained by Parks and Recreation
Director Ayer. He noted that the County has changed their thinking to
provide park areas from rural areas to more urban settings to better
serve more of the population.
Planning Director Dorn reported that the 1962 General Plan
provided for a similar plan to preserve the Uvas Creek.
Mrs. Joan Harrison, representing AAUW, addressed the Council
and endorsed the Uvas Creek Natural Preserve recommendation and requested
that the City should act immediately to obtain available funding for same.
Councilwoman Hughan recommended that the City study same and
obtain a Task Force to recommend a proposed plan for the Uvas Creek
Natural Preserve.
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4152
Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that the Council approves the concept and
idea of the plan as proposed and instructs the Parks and Recreation
Director to pursue same.
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Personnel Com.
Meeting 25,
10/25/78 &
11/1/78
The Reports of the Personnel Commission Meetings of october
1978, and November 1, 1978, were noted.
Police
Recruit
Position
Personnel Director Reinsch recommended approval of the
classification and salary range for Police Recruit position (Range
26.5, Step A, $920/mo.). Motion was made by Councilman Link seconded
by Councilman Cunningham and carried that the classification and
salary range of Police Recruit position be approved as reconunended.
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Monthly
Reports
Disbursements The Report of Disbursements from october 1, 1978, through
October 31, 1978, was noted.
The summary of Monthly Reports of September, 1978, was noted.
Yr. End Audit City Administrator Wood presented and explained the Audit
Report of Arthur Young & Company for the year ended June 30, 1978.
Discussion was had on same.
Motion was made by Councilman Pate seconded by Councilman
Childers and carried that the year End Report of Arthur Young &
Company be accepted as presented.
Fire Station-
Fifth st.
A Report on the condition of the fire station at Fifth Street
was noted and discussed. Motion was made by Councilman Link seconded
by Councilman Pate and carried that the City advertise bids for the
sale of said building. Council Members: Childers and Hughan voted
"no" on the motion.
Arch. & Site A request for an alternate member of the Architectural and
Com. Appoint-Site Approval Committee was noted and also noted appointments for
ments Elaine Long and Bob Voorhees terms expired October 6, 1978. The
Mayor recommended that he re-appoint Elaine Long and Bob Voorhees
for an additional year (expiring October 6, 1979) and requested that
he take under advisement the appointment of an Alternate Member to
said Committee. Motion was made by Councilman Link seconded by
Councilman Childers and carried that same be ordered.
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Eng. Office A request for additional help in the Engineering Office
was noted, specifically, hiring two (2) Junior Civil Engineers,
rather than aides, since CETA employees in said positions would be
temporary and the Engineering Department cannot operate efficiently
under these conditions. Motion was made by Councilman stout seconded
by Councilman Link and carried that two (2) Junior Civil Engineers
be authorized for the Engineering Office of the Department of Public
Works as requested.
Quit Claim
Deeds-re:
50' R/W
Exchanges
City Administrator Wood recommended that the City join in
to rescind a fifty foot right of way extending from Wren Avenue to
Church Street and transverses the middle of Las Animas Park, by
authorizing quit claim deeds to the adjacent owners in exchange for
similar deeds to the City. Motion was made by Councilman Link
seconded by Councilman Pate that the reading of Resolution No. 78-85
be waived and that it be adopted authorizing execution of two (2)
quit claim deeds, as recommended.
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RESOLUTION NO. 78-85
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
EXECUTION OF TWO (2) QUIT CLAIM DEEDS.
PASSED AND ADOPTED this 6th day of November, 1978, by the following
vote:
AYES:
IJIIIIIII
COUNCIL MEMBERS:
CHILDERS,
STOUT AND
NONE
NONE
CUNNINGHAM, HUGHAN, PATE, LINK,
GOODRICH
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NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
4153
So. Valley Food A request from South Valley Food Service for a Special Parking
Service re: Permit was noted and further explained by Assistant City Administrator
Pkg.Permit Reinsch noting that the School District is opposed to same and that
Staff has no recommendation.
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Council took no action on same but indicated that said service
could not be prohibited from parking on a public street.
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Res. #78-86 re: Director of public Works-City Engineer Hansen recommended
FAU Funds/ establishing a procedure for the exchange of FAU FUhds with the City of
City of S.J. san Jose. Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution No. 78-86 be waived and that it be
adopted establishing a procedure for the exchange of FAU Funds with the
City of San Jose as recommended.
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RESOLUTION NO. 78-86
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESCRIBING PROCESS TO
BE USED IN SANTA CLARA COUNTY TO IMPLEMENT THE FEDERAL AID URBAN
PROGRAM AND REPEALING RESOLUTION NO. 78-11 WHICH IS INCONSISTENT
HEREWITH.
PASSED AND ADOPTED this 6th day of November, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
County FAU
Program
Director of public Works-City Engineer Hansen presented a report
on the proposed County FAU Program.
Co. Tnans.
Plan
A request by the County for comments on their transportation
improvement plan was presented and explained by Director of Public Works-
City Engineer Hansen.
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New City
Project
Hall Director of public Works-City Engineer Hansen presented and
explained a report on projected costs of architectural services for the
new City Hall. Motion was made by Councilman Childers seconded by
Councilman Pate and carried that Council approves proceeding with the
additional Architectural Services in the amount of $20,750 to suffi-
ciently complete to finish said plans with a 45 day period as recommended.
Council Members: Cunningham and stout voted "no" on the motion.
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It was also acknowledged by Council that the total architectural
services for the new City Hall Project would be $97,250.00 if and when
same is advertised for bidding purposes, per letter of october 10, 1978.
Res. #78-87
Street Name
Changes
re: Director of Public Works-City Engineer Hansen presented a
report and recommendation to change the following street names: Milias
Drive to Ayer Drive (Council requested eliminating Ayer Court for that
portion of the street which is in the cul-de-sac); Hersman Court to
Stewart Drive (Council requested eliminating Stewart Court for that
portion of the street which is in the cul-de-sa); the unnamed road south
of Lots 407 and 408 named Hersman Drive; and establishing the name of
Murray Avenue to continue south along the Gilroy Apartments (now I.O.O.F.
Avenue addressed) to the bend at Eastside P~rk; and the short east/west
section to remain Chestnut Street.
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Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 78-87 be waived and that it be
adopted changing the street names' recommended.
RESOLUTION NO. 78-87
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING MILIAS DRIVE
AND AYER COURT "AYER DRIVE", RENAMING HERSMAN COURT AND STEWART COURT
"STEWART DRIVE", NAMING A NEW STREET "HERSMAN DRIVE" AND DEFINING THE
TERMINI OF MURRAY AVENUE AND CHESTNUT STREET.
PASSED AND ADOPTED this 6th day of November, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE
STOUT AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
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4154
Underground Director of Public Works-City Engineer Hansen reported on
Utility Dist.the street Lighting within the Underground Utility District. Motion
was made by Councilman Pate seconded by Councilman stout and carried
that the conversion recommended be authorized in the amount of $1200
provided for in Account 02-210-3100-302001 (Wren and First street
Signals). It was noted that this will replace the overhead lighting
system along the south street between Miller Avenue and westwood Drive
(except adjacent to the future commercial development on the Filice
Estate Vineyards Property).
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street
Lighting
Director of Public Works-City Engineer Hansen presented and
explained a report on Pacific Gas & Electric's Progra~ to convert
utility-owned street lights to high pressure sodium vapor.
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Urban Service A report of Planning Director Dorn was noted requesting a
Area resolution regarding Urban service Area inclusions.
Res. 78-88
& 78-89
Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution No. 78-88 be waived and that it
be adopted including certain territories of the City in the Urban
Service Area previously approved by Council motion October 23, 1978,
with the addition of application #L4 property of Ernest S. Filice.
RESOLUTION NO. 78-88
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING THE URBAN
SERVICE AREA WITHIN THE CITY OF GILROY.
PASSED AND ADOPTED this 6th day of November, 1978, by the following
vote:
AYES:
COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM,
AND GOODRICH
HUGHAN
NONE
LINK, PATE, STOUT
NOES:
AB SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution No. 78-89 be waived and that it
be adopted requesting LAFCO to include certain territories outside
the City in the Urban Service Area also previously approved by
Council motion October 23, 1978.
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RESOLUTION NO. 78-89
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING
MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY
WITHIN THE COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 6th day of November, 1978, by the following
vote:
AYES:
COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM,
AND GOODRICH
HUGHAN
NONE
LINK, PATE, STOUT
NOES:
ABSENT:
COUNC IL MEMBERS:
COUNCIL MEMBERS:
Interim Growth Councilwoman Hughan presented and explained a recommendation
Management for an amendment to the Interim Growth Management Policy. Motion
Policy was made by Councilman Pate seconded by Councilman Link and carried
that the amendment to the Interim Growth Management Policy, speci-
fically, adding Item 6. c to said policy as follows: "All residentially
zoned parcels of less than 1.25 acres within the central area of
Gilroy may be developed up to the maximum density allowable in ac-
cord with the residential zoning in effect on December 5, 1977.
(For this policy, the central area of Gilroy shall be defined as
that area bounded: 1) on the north by Leavesley Road and Welburn
Avenue; 2. on the west by Wayland Lane and Princevalle Street; 3. on
the south by Thomas Road and Luchessa Avenue; and 4. on the east by
the South Valley Freeway) be adopted as recommended.
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Utility
Billing
The Mayor recommended that qualified Senior Citizens pre-
sently receiving a discount on their water billing be given water
and sewer services without charge. It was noted that the garbage
billing would remain. Motion was made by Councilman Cunningham
seconded by Councilman Link and carried that qualified Senior
Citizens be given water and sewer services without charge as
recommended.
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4155
Auction
Purchasing Agent Reinsch reported that the City collected
$5,604.00 at the recent auction of su~plus property November 4, 1978.
Sewer Adv.
Connnittee
City Administrator Wood reminded the Sewer Advisory Connnittee
of its meeting November 8, 1978, at 8:00 p.m.
Adjournment At 10:54 p.m., the Mayor adjourned the meeting to a closed
Executive Session regarding the hearing on the termination of Mr. Ray
Salgado, following a ten (10) minute recess.
Closed Hearing- At 11:00 p.m., the Mayor called the Closed Hearing to order.
R. Salgado At 11:29 p.m., the Mayor reconvened the meeting, continued the Closed
Hearing to the next regular Council Meeting of November 20, 1978, and
further adjourned.
Respectfully submitted,
fl~~er~ .d~