Minutes 1979/05/21
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4220
May 21, 1979
Gilroy, California
~'n.i
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Roll Call
Present: Council Members: William E. Childers, Brian D.
Cunningham, Roberta H. Hugh an , Marion T. Link, John E. Pate, David
V. stout and Norman B. Goodrich.
Intro. New
Employees
The Mayor introduced new City Employees, Julie Inez, Clerk
Typist, Police Department, and Patricia Phelps, Personnel Clerk.
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Consent
Calendar
Motion was made by Councilman Cunningham seconded by Council-
man Link that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Council Members:
Childers, Cunningham, Hugh an , Link, Pate, Stout and Goodrich.
Minutes
1979;
Approved the Minutes of the Regular Council Meeting of May 7,
Salary Achieve.
Increases
Approved Salary Achievement Increases for the following five
(5) City Employees, effective June 1, 1979: Steven Baty, Police
Officer, Range 32 from Step A, $1,201 to Step B, $1,263; Raul Cabal-
lero, Groundskeeper I, Range 25 from Step D, $989 to Step ~, $1,038;
Richard Ferris, Jr. Civil Engineer, Range 35 from Step A, $1,391 to
Step B, $1,460; Anthony Holiday, Fire Fighter, Range 31 from Step C,
$1,263 to Step D, $1,324; and Peter Timewell, Police Officer, Range
32.a from Step D, $1,405 to Step E, $1,474;
Ord. #79-10
Sewer Farm
#5 Annex.
79-4
re: Adopted Ordinance No. 79-10 presoning Sewer Farm #5 proposed
Annexation 79-4 property containing approximately 54.321 acres.
ORDINANCE NO. 79-10
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ORDINANCE OF THE CITY OF GILROY M1ENDING THE ZONING ORDINANCE OF
SAID CITY BY PREZONING A 14.82 ACRE PARCEL AND A 39.5 ACRE PARCEL
ON THE WEST SIDE OF THE CITY OF GILROY SEl'lER FARM WOUTH OF LUCHESSA
LANE AS M2 (GENERAL INDUSTRIAL) .
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MENBERS: NONE
COUNCIL MEMBERS: NONE;
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NOES:
ABSENT:
Sewer Farm #5
Annex. 79-4
Applic. with
LAFCO
Authorized Staff to proceed with filing an application for
annexation with the Local Agency Formation Commission for annexation
of "Sewer Farm No.5 Annexation 79-4 to the City of Gilroy";
Res. #79-39 re: Adopted Resolution No. 79-39 requesting approval of the State
Bonanza Days of California, Department of Transportation, Division of Highways,
Parade to permit a parade within the City re: Bonanza Days.
RESOLUTION NO. 79-39
RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, TO
PERMIT A PARADE WITHIN THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
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NOES:
ABSENT:
Def. Dev. Agree. Approved a Deferred Development Agreement with Burger King
Burger King Corp.
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4221
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Bids re: Pub.Wks. Director of Public Works-City Engineer Hansen presented and
Projs. 79-5 eXplained reports on bids received for the following projects: Maintenance-
& 79-6 Resurfacing Project 1979-6, recommending that the bid be awarded to Leo
F. Piazza Paving Company, San Jose, in the amount of $40,835.00. Motion
was made by Councilman Link seconded by Councilman Pate and carried that
the bid of Leo F. Piazza Paving, San Jose, in the amount of $40,835.00
for Maintenance-Resurfacing Project 1979-6 be awarded as recommended.
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Director of Public Works-City Engineer Hansen recommended that
the bid of Riley's Striping Service, Martinez, in the amount of $6,567.00,
be awarded for the Thermo-Plastic Pavement Markings, Project 1979-5, and
that a budget amendment in the amount of $242.00 to the 1978-79 Budget
be authorized to allow for said bid.
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Motion was made by Councilman Childers seconded by Councilman
Link and carried that the bid of Riley's Striping Service, Martinez, in
the amount of $6,567.00 be awarded for the Thermo-Plastic Pavement Markings,
Project 1979-5, and that a budget amendment in the amount of $242.00 to
the 1978-79 Budget be authorized as recommended.
Barnett-Range
Corp. (Wood-
worth Prop.)
The Mayor stated that it was the time and place scheduled for a
Public Hearing to review the Draft EIR for Certification, consider a
Tentative Map to construct eighty-nine (89) Single Family homes on 24.1
acres, and rezoning request from Rl and HC Districts to Rl PUD, located
on the west side of Monterey Street approximately 500 feet southeast of
Farrell Avenue (Woodworth Property), Barnett-Range Corp., applicant.
Planning Director Dorn presented and explained the Staff Report
regarding same.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Mr. Thomas Sheppard, owner and representing the developer of
the property, addressed the Council and further explained the proposal.
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Mr. Hal Barnett, President of Barnett-Range Corp., applicant,
addressed the Council and gave a slide presentation of the proposed
project.
Councilwoman Hughan suggested requiring double gates between the
ten (10) foot side yards to allow easy access to the rear of the property,
particularly for recreational vehicles.
Motion was made by Councilman Link seconded by Councilman Childers
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman Stout
and carried that the EIR be certified as recommended.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that double gates between the ten (10) foot side
yeards be required on said proposed project.
Motion was made by Councilman Cunningham seconded by Councilman
Childers and carried that the Tentative Map be approved with the conditions
as recommended by the Planning Commission to include the double gate
requirement between the ten (10) foot side yards.
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Motion was made by Councilman Link seconded by Councilman stout
and carried that a proposed ordinance rezoning said property be intro-
duced, the reading waived and that it be published by title and summary.
(Following the meeting, the City Attorney advised that this rezoning
because of the PUD attachment would require adoption of a resolution
rather than an ordinance, to be adopted at the June 4, 1979, regular
Council Meeting.)
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Pub. Hear. re:
Larkin pre-
zoning
The Mayor stated that it was the time and place scheduled for a
prezoning request of Thomas A. Larkin from Al-40 (County Agriculture) Zone
to M2 (General Industrial) District for 1.656 acres located at the south-
west corner of Renz Lane and Ninth Street, east of the South Valley Freeway.
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4222
Pub. Hear.
Duran Re-
zoning
Pub. Hear. re:
Kawano re-
zoning
1,._" "'_''':'"T"';''
Director of Planning Dorn presented and explained the Staff
report regarding same.
...
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal. There was no comment from anyone
in the audience.
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Motion was made by Councilman Childers seconded by Councilman
Pate and carried that the public hearing be closed.
Motion was made by Councilman Link seconded by Councilman
Childers and carried that a proposed ordinance be introduced, the
reading waived and that it be published by title and summary.
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re: The Mayor stated that it was the time and place scheduled for
a public hearing on a rezoning request of James Duran from M2 (General
Industrial) District to C2 District for 1.3 acres located on the
northwest corner of Welburn Avenue and Church Street.
Director of Planning Dorn presented and explained the Staff
report regarding same.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal. There was no comment from anyone
in the audience.
Motion was made by Councilman Pate seconded by Councilman
Childers and carried that the public hearing be closed.
Motion was made by Councilman Stout seconded by Councilman
Link and carried that a proposed ordinance be introduced, the read-
ing waived and that it be published by title and summary rezoning
said property.
The Mayor stated that it was the time and place scheduled for
a public hearing on a rezoning request of Tom H. and Grace C. Kawano
from Rl to Cl PUD (Neighborhood Commercial) PUD and R3 PUD (Low-
Density Multiple-Family PUD) Districts for five (5) acres located on
the northwest corner of Kelton Drive and First Street.
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Planning Director Dorn presented and explained the Staff
report regarding same.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Darrell Shuck, Terra Sol, Ltd., addressed the Council
recommending that the property remain under a PUD and not remove the
R3 proposal from the development as suggested.
Discussion was had in regard to the thirty (30) foot right-of-
way. Council agreed to require a 15 foot aCcess on the westerly por-
tion of the property to provide emergency access as recommended by the
Fire Chief. It was also agreed by Council that sidewalks, curbs and
gutters be required to be installed along First Street portion of
the property at the time the property is developed.
Motion was made by Councilman Link seconded by Councilman
Childers and carried that the Public Hearing be closed.
Motion was made by Councilman Cunningham seconded by Councilman
Childers and carried that a proposed ordinance be introduced, the
reading waived and that it be published by title and summary rezoning
said property conditioned upon the provision that a fifteen (15) foot
emergency access be provided on the westerly portion of the property
and sidewalks, curbs and gutters be required to be installed on First
Street at the time the property is developed. (Following the meeting,
the City Attorney advised that this rezoning, because of the PUD
attachment, would require adoption of a resolution rather than an
ordinance, to be adopted at the June 4, 1979, Regular Meeting.)
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Petition re:
Pacheco Pass
Annex. 79-2
0""....""
Res. #79-39A
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Res. #79-40
Gilroy Rural
Fire Dist.
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Petition re:
Stop Signs
Welburn Ave.
& Wayland Ln.
Res. #79-41
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Bonanza Days'
Annual Cele-
bration
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4223
The Mayor noted receipt of a petition from C. R. Acker, et ux,
and R. Berghella requesting annexation of approximately twenty-five (25)
acres located on the south side of Pacheco Pass Highway, 1,500 feet east
of the South Valley Freeway to be known as "Pacheco Pass Annexation 79-2
to the City of Gilroy."
Motion was made by Councilman Link seconded by Councilman Childers
that the reading of Resolution No. 79-39A be waived and that it be
adopted annexing said territory to the City of Gilroy.
RESOLUTION NO. 79-39A
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY
DESIGNATED AS "PACHECO PASS HIGHWAY ANNEXATION 79-2 TO THE CITY OF GILROY."
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
Motion was made by Councilman Link seconded by Councilman Childers
that the reading of Resolution No. 79-40 be waived and that it be adopted
removing the territory from the Gilroy Rural Fire District.
RESOLUTION NO. 79-40
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE
CITY OF GILROY UNDER THE DESIGNATION "PACHECO PASS ANNEXATION 79-2 TO
THE CITY OF GILROY."
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
AB SENT:
The Mayor noted receipt of a petition from residents of Welburn
Avenue and Wayland Lane for a 4-way arterial stop sign at said location.
Mr. Gary Birchmier, 690 Welburn Avenue, addressed the Council,
representing the petitioners, and further explained the reasons for
said request.
Staff noted that the Police Department and Public Works Department
had no objection to installation of said stop signs.
Motion was made by Councilman Link seconded by Councilman Pate
that the reading of Resolution No. 79-41 be waived and that it be adopted
authorizing installation of 4-way arterial stop signs at welburn Avenue
and Wayland Lane.
RESOLUTION NO. 79-41
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOUR-WAY
ARTERIAL STOP AT THE INTERSECTION OF WELBURN AVENUE AND WAYLAND LANE
IN THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
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.
A letter from Gilroy Gonanza Days' Committee was noted requesting
reconsideration of 11:00 p.m. closing time for the annual barbecue and
dance at Christmas Hill Park.
Motion was made by Councilwoman Hughan seconded by Councilman Link
and carried that the request to allow a 1:00 a.m. closing time at Christmas
Hill Park for the Bonanza Days barbecue and dance be approved.
4224
Library Proj.
Food stamp
Dist.
Council instructed the City Administrator to inform the Bonanza
Days Committee that any deviation from the 11:00 p.m. closing time
requirement of the Park Ordinance for any future events will take
special action by Council.
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...
A letter from the County Librarian in regard to the Food Stamp
Project was noted. City Administrator Wood noted that Barbara Camp-
bell, Librarian, was unable to be at this Council meeting, but it
would be necessary for Council action on same at this meeting in
order for the County to be awarded the bid for the agency to distri-
bute the Food Stamps.
...,
Motion was made by Councilman Cunningham seconded by Councilman '..w
Link and carried that the Library Food Stamp Project be reconsidered.
Motion was made by Councilman Cunningham seconded by Councilman
Pate and carried that the City of Gilroy supports the Food Stamp Pro-
ject at the Gilroy Library on an experimental basis and with the
condition that the County of Santa Clara will accept and provide same
in writing that the City of Gilroy would have a thirty (30) day option
to terminate said project. Council Members: Hughan, Stout and Good- ,
rich voted "no" on the motion.
League of Calif. The League of California Cities Legislative Bulletin dated May
Cities 11, 1979, was noted and discussed. Councilman stout noted that he is
Bulletin opposed to No.6 re: Authority for Inclusionary Zoning.
McDonald's
Variance
Rev. Sharing
Funds
A letter from J. R. Foster, attorney, in re: to McDonald's
variance request was noted. The City Attorney noted that same
should be brought before the Planning Commission. City Administra-
tor Wood noted that the Planning Commission variance request on said
property has been continued to June 7, 1979, Planning Commission
meeting.
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A letter from the Senior Citizens' Legal Project was noted
requesting Revenue Sharing Funds. Council referred same to the
Council Budget Study Sessions.
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The following informational item was noted with no separate
discussion on same.
California Republican Party in re: to League of California
Cities Legislative Conference May 21-23, 1979.
Plan. Com. Meet. The report of the Planning Commission meeting of May 17,
5/17/79 1979, was noted.
Lib. & Cult.
Com. Meet.
5/1/79
M.H. Sewer
Rev. Bonds
A recommendation of the May 3, 1979, Planning Commission
Meeting was noted recommending that a No-Parking Zone be established
on the east side of Kelton Drive from First Street to the corner of
Kelton Drive until Kelton Drive is improved to the full width. Plan-
ning Director Dorn further explained the recommendation.
Motion was made by Councilman Cunningham seconded by Council-
man Link and carried not to approve the No-Parking Zone recommended
which, if approved, would be a condition of the variance granted by
the Planning Commission. Council noted that the building would have
to conform to the required set-backs and it was noted by Staff that
the developers previously agreed to same, but that the variance had
been applied for in order to provide conformity to the existing build-
ing on First Street.
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The Minutes of the Library and Culture Commission Meeting of
May 1, 1979, were noted.
A Report on the City of Morgan Hill's Sewer Revenue Bond Sale
Schedule was noted as information.
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4225
Res. #79-42
Old City
Hall
Motion was made by Councilman Pate seconded by Councilman Childers
that the reading of Resolution No. 79-42 be waived and that it be adopted
approving an application and project agreement for Historic Preservation
Grant-In-Aid Funds for the Gilroy Old City Hall Project.
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RESOLUTION NO. 79-42
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-
IN-AID FUNDS FOR GILROY OLD CITY HALL PROJECT.
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, and
GOODRICH
COUNCIL MEMBERS: LINK and STOUT
COUNCIL MEMBERS: NONE
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NOES:
AB SENT:
Res. #79-43 re: A recommendation for installation of stop signs at the intersection
Stop Signs @ of San Miguel and Santa Paula Drive was presented. It was noted that the
San Miguel & Police Department had no objection to said recommendation. Motion was
Santa Paula made by Councilman stout seconded by Councilman Link that the reading of
Resolution No. 79-43 be waived and that it be adopted authorizing instal-
lation of stop signs at the intersection of San Miguel and Santa Paula
Drive as recommended.
RESOLUTION NO. 79-43
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ARTERIAL
STOP AT THE EAST AND WEST ENTRANCES OF SAN MIGUEL DRIVE AT ITS INTER-
SECTION WITH SANTA PAULA DRIVE IN THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
.....
Res. #79-44 re: It was recommended that the City apply for a 701 Planning Grant
701 Planning for the specific area plans in the Transition Area. Discussion was had
Grant on the matter.
.....
Motion was made by Councilwoman Hughan seconded by Councilman
Childers that the reading of Resolution No. 79-44 be waived and that
it be adopted.
RESOLUTION NO. 79-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
FILING OF AN APPLICATION FOR A COMPREHENSIVE PLANNING ASSISTANCE GRANT
FOR SPECIFIC PLANNING OF THE TRANSITION AREA, FOR FISCAL YEAR 1979-80.
PASSED AND ADOPTED this 21st day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
Park Vehicle
Fee Ord.
A report on a park vehicle fee ordinance of Vasona Lake was noted
as information.
I!I!III"Oll
Noise Element-
Gen. Plan
A report on the enforcement of the Noise Element was noted.
Council requested copies of the proposed Noise Ordinance for study of
same in the next Council Agenda.
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Burglar Alarm
Ord.
A report on the need for a Burglar Alarm Ordinance was noted.
Police Officer Vierra addressed the Council and further explained same.
lII'l"'''~1III
Discussion was had on the matter. Council agreed with the report
prepared by the City Attorney for a proposed ordinance with the added
requirement that burglar alarms must be registered with the Police Depart-
ment. The Mayor suggested that the Police Department and the City Attorney
continue to prepare a proposed ordinance for introduction.
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Prelim. 1979-80 Council noted receipt of the 1979-80 Preliminary Budget and set
Budget May 23, 1979, at 3:00 p.m. and May 29, 1979, at 7:00 p.m. for Budget
Study Sessions on same.
4226
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Sewer Treat.
Plant/Inter-
ceptor
:City Administrator Wood presented and explained a report on
final acquisition under the Sewer Interceptor/Treatment Plant Project
regarding Benassi property.
Council requested that the City Administrator continue to nego-
tiate with the property owner, preferrably to obtain an agreement on a
cash basis.
Sign Ord.
Councilman Childers inquired of the recent notifications to
local businesses regarding the Sign Ordinance violations. It was
explained by Staff that this is currently the last period of sign
ammortization for signs previously given a time limit for removal.
Ord. re: Under- Councilman Link inquired of the recent emergency ordinance
ground Stor. prohibiting installation of underground storage tanks in residential
of Gasoline areas of the City, noting that some residential areas of the City are
Tanks in an Agriculture Zone. Council noted that they would act upon indi-
vidual applications for same.
Wastewater Treat. City Administrator Wood distributed copies of the Revenue
Pl. Facili- Program for 1981 for the vlastewater Facilities of Gilroy and Morgan
ties Hill to be presented to the State for tl.eir approval and then sub-
mitted to the cities of Gilroy and Morgan Hill for their approval.
Adjournment
At 11:10 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
~~'ci9
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