CC 11-21-88
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Cl'IY OF aJPER1'I1«), STME OF CALIRRaA
10300 'lUt<tœ; AVEH..'E, CDPERTDÐ, CALIRRaA 95014
'ŒIERDŒ: (408) 252-4505
MDI1l'ES OF '1HE RmJIAR C1'lY CXJCNCIL MŒl'DI:;
HELD lÐIJEJœER 21, 1988, CXJCNCIL aÐ\MBBR, C1'lY HAIL
10300 'lœRE AVDIJE, aJPERl'DI), CALIRRaA
0::-756
'!be meet:.i:rx:J was called to o..~ by Mayor Plungy at 6:47
p.m.
SAIJJm '.It) '!HE FIAG
R>LL CAIL
Ccunc. Present:
Gatto, Jobnsa1, ~, Rogers, Mayor P1ungy
staff P.. seht:
city Manager Qrlnlan
city Clerk COrnelius
Director of PUblic Works Viskavich
Director of P111111Ún:J anj Devel___íL CXIwan
Director of Finar:œ Snyder
Director of Parks am Recreation Dowlin:]
Assistant to the city Manager Brown
ChIonI"1ity Relations Officer Krey
Assistant PlanniJxj Director pi ..---1d.
city Attorney Kilian
Iœ'.l'KIŒHœIS
It was JDCNed by Ccunc. Rogers, seconded by Ccunc. Jàmsa1
anj l""aeed UI'IaI1iJDws1y to reIICIII8 Item No. 33 to the IIII!eti.nI¡
of De<:-,~ er 12, 1988, anj CŒlSider Item No. 27 prior to
Item No. 26.
CERDI:mAL MATl'ERS - PRESmIM'Iæ8
P.. S J'1&tation of SUmyvale-Q.¡pertino Pmpetual T.I.~ -
Tennis.
Ð:l Hirschfield of the 0Jpe.rtin0 Tennis Club praseJ.Lted the
City with the trqily for the S\m CUp TœmaIDent.
ORAL CXMIJNICATIOOS
Ð:l Liàrt:man of Regnart IÐad ......""""ded Ccuncil for their
effort am suwort of ~&IZ'e K with special recognition to
Ccunc. Kcwel. He stated that he had taken an .informal
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MIWmS OF 'DIE HJ\/EXBER 21, 1988, Rm1IAR C1'lY CDJNC:IL
MŒl'DI:; (00-756)
survey arñ feud that IIIC8t peq>le feel that the City has
en::u;¡h IIØ18Y to pm:base the ~ ~J8t Club. Also if
tne bond -tIIJI'IB had p"'....'9d, they had no guarantees on 1I41at
woold be p.¡rà1ased as tne -....me ~l'ed to be open
ended. In addition, }u.'¥"LL.f beinc¡ CŒlSidered was not up
for sale at that time.
srAl"F ~
~. Oral :¡:~ls by staff ,,-,~_s anj 9',hni-ion of written
~~Ls.
CD.mcil received the City Manager's repœ.t.
2. lb1th1y Activity Repent - 0ctciJer, 1988.
Ccunc:il received the report.
3. Mcnthly Treasurer's Repo...t. anj aJdget Update - 0ctciJer,
~988.
CD.mcil received the :¡:ey...... L.
axJNCIL 1<tOKJK1$
Ccunc:i1 stated that at the end of the 1œ8tin;J, they will
reassign cxmnittees on which Ccunc:il serves as IIIII1'IY of them
are designated for the Mayor.
a:tÐm' CAIamAR
It was IDCIII9d by Ccunc:. ~..<nò. sec...ìJt.d by Ccunc:. Gatto arñ
I"'I'!'9ed unarrlJnwsly to ðw.LU'Je the c..._1.lt Calendar as
sul:lllitted.
9. Alcoholic Beverage c...aL..ùl ....iœnse - Finn H:Cool's,
10905 North Wolfe Read, Q¡pe.r1:ino.
10. Resolution No. 7665: "A Reso.;ution of the City Ccunc:il
of the City of Cupertino At~ Destruction of
Certain Recu...ds - Parks arñ Rect '9ation Department."
11. AR:rroYal of award of grants as J:l~ ...........!ded by the Cable
Television Advisory Calmittee.
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MIWmS OF '!HE N::NEJœER 21, 1988, RmJIAR CIT\( caJNCIL
MŒl'DI:; (00-756)
12. Resolution No. 7666: "A Resolution of the City CD.mcil
of tñe City of 0Jpertin0 MaIdn:J DeterJllinatiŒIS and
A¡:proviD] tñe Annexation of Territory Designated as
'San Femm:Jo AvamJe, 88-07'; AppraJdmataIy O. 72± Acr8
Iocated on tñe North side of San Fernando Aver&J8
Betwen Byrne AvamJe and ~ AvamJe, Vera G.
Passantino (Am 357-15-45)."
13. Resolution No. 7667: "A Resolutiat of the City CD.mcil
of the City of 0Jpertin0 A¡:provin:J the Parœl Map of
~~t.y Iocat:ed at HaIIestead Road anj Franco Q:m1:,
Develcper, Jc::ISØIi1 P. Franco, Et. AI. anj þuthoriziD]
the City Erqineer to Sign tñe Paroel Map."
14. Resolution No. 76£8: "A Resolution of tlv- City 0::Iuncil
of the City of 0Jpertin0 ~ Grant of F...--.t
for Roadway Puz¡x:ses fran craig Clark consistinq of
~tely .03 Acres, Iocat:ed Byrne Avenue anj
Jll1Ml'Ù>1' Avenue."
15. Resolution No. 7669: "A Resolution of the City CD.mcil
of the City of 0Jpertin0 ~ QJitclaim Deed and
Authorization for t1tx!ergra.uù Water Rights frail Craig
Clark, Byrne Avenue anj AlJlBden Avenue."
16. Resolution No. 7670: "A Resolution of the City CD.mcil
of the City of 0Jpertin0 A¡:proviD] Paroel Map anj
DIprovement Plans of ~'¥"Lty' Iocat:ed at Lanita Avemø
and pa.....-..a AvamJe, Develcper, william Arthur Kinst
anj Margaret Wi1scn Kinst, AuthoriziD] Execution of
Drproyement Ag'laaur=.¡1t; AuthariziD] Signin;J of Paroel
Map anj ~UY-""íL Plans."
17. Resolution No. 7671: "A Resolution of the city OJuncil
of the City of 0Jpertin0 lIcoepting QJitc1aim Deed and
Authorization for ~ Water Rights fran William
Arthur Kinst anj MaIgaret Wi1scn Kinst, p¿.<:M~ Avemø
and tanita AveruI8."
18. Minutes of the Mjoomed Regular MeetiD] of Noveuœr 5,
1988.
19. Minutes of tñe Regular Meeti.n:J of NoIIenber 7, 1988.
20. Resolution No. 7572: "A Resolution of the City 0::Iuncil
of the City of 0Jpertin0 ~ a Grant of F...--.t
for Sidewalk Puzposes frail Step1en Gazzaera, Jr.,
Iocated South Side of stevens creek Boolevard East of
Blaney Avenue."
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MD«1l'ES OF 'JHE H:IIIÐŒIER 21, 1988, mx;(JlAR CITY <XXJNCIL
ftu;~'J.lG (CC-756)
21. P-qI-t: for Q:Qcll confiImtion of 0Jpertin0 Library
l"rIIInIi -ion nc:minee to cnmty Library l"rIIInIi -ion.
l'I'!JtS REHJ\IID F1Uf a:tiSENl' CAIÐmI\R
22. None.
PtJBLIC HF.ARnQ;
2J. None.
PI1INNIm APPLICATIOOS
24. Application 21-t1-88 - Mariani Devel,¥,"""t. cmpozation -
Use PeDDit to constzuct a residential devel.......-at.
CX11Sistin:¡ of 67o± units in 3-4 story OOildings 0\/8X'
pañdn;J garages. Envh..........rt:al Deterlllination: '!be
Planning l"rIIInIi -im re<, .,.,...."tds the grantin;J of a
Negative Declaration. '!be project is located on the
southeast comer of DeAnza BcW.evard and HcIIIeste!Id
Read. Fee' .,.,....Jded for a~roval.
t
Director of P1anrùn:J and Develcpnent Cowan gave bacIcgroond
regardin;J prq>œals for develcpnent of that property. He
statAd that the Clu.u,...t a¡:plication is for apartments that
J'JIi!J.Y be converted to c:xrdanini1.D1lS at a later date. (City
Clede's Note: At 7:25 p.m., Director of Public Waèœ
Vis1ccvich, Director of Finance 5nyder, City Attorney
Rilian, Assistant to the City Manager Brown and City
Manager Quinlan left for auction of City's c:x:nianini\DD.)
.
Mr. no.''''''''I''EI, .........lS .u.nq Mariani DBYelcpnent Co!:pOration,
wa1Jœd cooncil thrcugh the site plan. Upon bein;J asked by
cnmcil, he stated there was a six-foot ferat separatin:¡
the qJen space play area and DeAnza BcW.evard. 'lbere 10IQÙd
also be trees and other p1antiJ'g alcn;r the 1Jourx3ary. He
stat.ed that what cooncil was seeinq was a reduced version
(29 units had been eliminated) of that seen by the Plannin:J
lhmIi_ion. (City Clerk's Note: Director of Public Waèœ
VisJa::lvich, Director of Finance Snyder, City Attomey
1<'i1ian, Assistant to the City Manager Brown and City
Manager Q.rl.nlan returned to 01amber at 7:40 p.m.)
Director of Public Works visJa::lvich answered camcil
questions regardin;J a possible traffic signal at Blue Jay
ah.1 Hc:IDestead and tratfic flCM on Hc:IDestead fran Wolfe to
Blaney.
Dorjs Hijmans, Cupertim De Ore Club, inquired reganlin;J
the right tum lane fran Hanestead onto DeAnza and asked if
it Wok any De Ore Club property.
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MDIt11'ES OF '!HE IØ1œBER 21, 1988, REX;UIAR C1'lY <:nJNCIL
MŒl'DI:; (CC-756)
Mr. Viskaviå1 stated that there 1oIa1ld be 8CIII8 right:-of-way
required. Upon beinq as.bd the time trame of the
deve1_,L, Mr. VislcDviå1 stat.ed that within 90 days of
"H4uv'al, the infaDIBtion regard.in;J the right:-of-way
requirement wculd be 1IV>Ii1Ñ>le. However, it Bhcu1d not be
a major 8IDCIUJ1t of þ<,"""",Lj'.
Art Pittock, 20299 Northwest SqJare, l'"'t"o Hlílin;J the
Northpoint ~ Þ""'OC'iation, stated that he had met
with r~ ¡ s "a14tives of Mariani Devel_at. Mariani
DBYel_ít a:n~..t.ions needs to ~ 8CIII8 þL'¥"L'ly
frail Northpo~ in order to hú1d the project. He
expressed suwort for the a.u......,t footprint, brt: expl-~'!Id
concern regard.in;J traffic. Mr. Pittock exþl T~ed a
preference for 533 units, brt: 1oIa1ld SlJl:P)rt 575.
M:>rt Schorr, 20151 Northwccd Drive, addressed CD.mcil
regardin;J traffic partJ,a1J.arly the entrance on Blue Jay am
the right tum exit.
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Rolf Hagenlocher, 20196 Nort:hbrook Square, also a..lh-.......
CQmci1 regard.in;J traffic. He felt that the Public Works
Department needs to do DDre traffic worK nc:M anj not at a
later date. He exþL-~ed concern as the traffic study
shews a!:x:ut 45\ of the new OCIIplex traffic 1oIa1ld be frail
Blue Jay. He requested a flow c1iaqram showiIJ:J signal
sequence.
Rdlip Yam:J, 20174 Nort.'1wind Square, urged CD.mcil not to
ðt¥LW8 the devel_aL as subllitted. He realized there
was a great need for hcusin:;J and that b.JsineeElas sbaùd
have a fair margin of profit¡ hcwever, he felt the
døvel_,t as þL"'lœed woold result in the deterioration
of the quality of life.
01Uck J"cOOson, 8147 PaJ:X Villa Circle, asked the PUblic
ti:Jrks Director what effect Highway 85 1oIa1ld have on traffic
in this location. He was infœ:med that with the a.u......,t
General Plan, the information requested by Mr. JacOOson was
not available.
Betty Schliåltin:;J, 20215 Northg1en, expressed two
0CI10emS: C81e, guest parJcirç¡ two, left: turns of people
0CIIIin;J bane at night eastbourñ on Hanestead. She was
infœ:med that left turns and straight-;;hrwghs both caùd
not be syndJranized.
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Ed Lichtman ~ an "emergency" light at the entry en
DeAnza Ballevard.
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MDI1l'ES OF '!HE 1I:J\1EMBER 21, 1988, ~ CIT\( cr:uaL
1'IUi.&:.uG (00-756)
In regatd to guest par!dn;J, Mr. no.1....'Y8 stateC.' that th8ra
was sul:Btantia1 pemdn:J to be located on site. 'i.'!oIo pmdD}
~ for t:w cars per unit will be prcwided, one
"I1*"i fically marIœd for a unit and the rest open. Mr.
no.,....... told cnmcil he had had a marJœt:iJ'g study done an:l
that study was used for the basis of deteDnining hew many
Lach......... per unit. He wants to prcwide tmat the IDIIrIœt
wants.
cnmcil tti.....,ø'$'td the possibility of fewer one ¡,...1........
units and more tIou-b..ch.......... units, security and traffic
pxojectiŒlS. '!bey requested infomation regaJ:åin;J the
pe.roeIítage of residents of City center apartments VIe also
war:k in 0Ipertin0.
Mr. V.iskcNich told Mr. Hagen1oc::her that he could CXIII8 to
the Public WorJcs Department and go throogh the traffic
signal cycles flow diagram with staff.
Art Pittoc:k said that traffic in the area is a1reI!Idy
heavy. He hcped tl'..:.t t.11ere woold be no accident. He
~-;:ed that cnmcil have a traffic light installed JOI.
City Manager ()linlan told cnmcil that half of the
intersection is in SUnnyvale and they do net want a light
unless the :interBect:ion meets warrant. If c:amcil feels
the light is l'OOO",!,sry for developœnt anj SUnnyvale does
net want the light, the devel...~....,,,t is at a standstill.
Mr. V.iskcNich stated that the intersection does meet a'I8
out of the eleven warrants. 'Ibis one is barely met durinq
peak ha.Ir traffic.
CD.mcil stated the need to see i:he a.m. ld'd p.m. signal
flow and directed the DiIector of Public works to return to
CD.mcil ..-- dbiDJ the ~oceas followed to detemine that
flow anj \/hat was disccvered.
By CCDIe\'ISUS, cnmcil continued deliberation of this
8ßllication to the regular meetirJ;J of r....-..... 19 and
requested the followiJç infomation: mass, height anj
volume of bl1i1din:]s (any 4-story tuildin;J JDJSt be in the
center of the devel"¥""'ít); Wether eu.~um potential
is neoœEl~ to adûeve financiDJ for the devel~.It; anj
the threst'.hold of the " InnhP.. of units below which it will
net meet a warrant for a traffic signal.
~: 9:15-9:25 p.m.
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MIWmS OF 'DIE 1ÐIIÐœER 21, 1988, REGJIAR Cl'lY CXXJNCIL
MŒl'DI:; (OC-756)
AlDnTEClURAL AND SITE APPRJVAL CXHII'l'.l'EE APPLICATICE
25. None.
NÐi lIJSINESS
27. Disr-I.......ion of 1b]hes-Heiss MIIricar-,-,.L Audit for
Planning Division regardinq application streamlininq.
Director of Planninq anj Devel~lt CCMm int:roð.Jce Gary
Goelitz of RJghes 1',-'1' and AsSOC'iates 1Ò) reviewed his
t"'i'U" L.
Mr. Goelitz infnP'IIIM CD.mcil he had reviewed the Planning
Department a¡:plication proœss and his U'i"V" L does iœlude
~ ····-rded d1an}es.
Di ,,<,'''''ion followed regardinq the fee recovery ~ in
the t,¥""L anj their conflict with a previCA.lSly done
study. Mr. Goelitz stated that priorities and
iDplementation was the next step in this matter.
By oawensus, CD.mcil CXI1tlmJed cxnd.deration of the ..~t
and diracted that it be brcuJht bacJc to Council no later
than the I!e<-,i.er 19 meetinq. At that time, they requested
priorities in iDplementation be preseJ.t.ed, reo...tlciliation
of fee rea:Ner':f <> .,.,-rrt;s in light of previous fee study,
the cost: of the l'eOO1.Js conversion and len;th of time far
rea:Nery of ccsts.
'UNFINISHED lIJSINESS
26. Request fraa John Vidaviå1 for CŒlSideration of Genexal
Plan A1œndment, DeAnza Racquet Club site; stevens creek
BcW.evam and Stelling Rœd.
Director of Planninq anj DBYel~&t CCMm reviewed the
request with CD.mcil.
John Vidaviå1 read the letter received by DeAnza Properties
followin:¡ previous Council action as well as a flyer that
had been haOOed out in the 0·,·,· CIS develqeent during the
~ign. He reviewed sane of the ootdoor recreation uses
allowed under a.........aL zC»'1inq. He infnP'IIIM Council that as
they had requested, he waited until after 1xn:i issue was
voted upon anj woold like to t'1i"<'1SS the possibility of not
just a hotel, bIt others as well.
Nancy a.u:nett, 729 Sterohal lane, said that she had
originally favored a General Plan Amerrlment hearing for
this prcperty. Ms. a.u:nett stated that a majority of the
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HnIUl'ES OF '!HE l'Ð\1ÐœER 21, 1988, REXõUIAR C1'lY OXINCIL
MŒl'DI:; (œ-756)
voters did favor JœepinJ this as CpIrt spaoe and tbo&e
opposed to it felt that the City already had IIØWY to do
this anj therefore, they had voted no. She requested <;hat
CD.mcil deny cxndderation of a General Plan A1IIen:taIInt and
worlt on plans to p.¡råIase the ..,::~ ty. She sta\".ed that
the i.......... shculd be JIIIde clear to tlle voters.
Ibil zeitman, 22907 CricJœt Hill Rœd, e:IIp1:: n'!ld 0CI10iIm
regardinq the quality of life in 0Jpertin0. He stated
there is no cut.cty for hctels in the city and that the
recreation bJsinM'res in the area are profitable.
!.any Dicit, 914 Liberty COUrt, stated that the City J1e-~"
more recreation area. '!he OJpertino-DeAnza Aquatics Club
is J:'eI'Itin;J tiJDe frail DeAnza COllege. '!be City shalld
¡xnå1ase 1anj and use it for recreation.
Dennis IDiI, 7607 Peach mœsan, ~ 8rrf rezonin;J of the
prq¡erty in q.¡estion anj stated the need far a large
variety of recreation.
}t:)rt Schorr of Northpoint told council that he was
currently worIdDJ with a group mentally t'liø.abled tennis
recreation P1,*CIW in anot:her city and that it wa1ld be
good if it caùd be expm:!ed to 0Jpertin0.
Ed Hirschfield stated that, in his q¡inion, none of the
criteria for a General Plan lIDIer.Jme¡,t hearinJ have been III8t
anj therefore he sees no reason to hold such a hearin:J. He
urged that CD.mcil provide n.......ation for those who 1IICJ:'k
here and those who at.tem DeAnza COllege.
Chuck JaoOOtiIœ said that the I:xni pelpCl? woold have
provided an easy answer.
It was IICII8d by CD.mc. Gatto, seocnB:l by CCAJrx:. ~s and
)?"øeed with CCAJrx:. J(qpl din'Ld.in;J, to defer ccnsidertion
of this request until after the CpIrt space-recreation zone
ordinance is referred to CCAJrx:il frail the Planninq
l'nIIIni -ion.
NEW BJSINESS
28. Report on results of bid cpninJ for real p%q)8X'ty
located at 19810 Portal Plaza, 0Jpertin0, and award of
bid.
Direc::tor of Public Works Viskavid1 reported to CCAJrx:il that
no bids had been received. '!his item is DJW deferred until
Sprirq, 1989.
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MINUl'æ OF 'lHE ~ 21, 1988, REnJIAR CI.'l'\C CØJNCIL
MEE:1'OO (0)756)
29. ABBOt"iation of Bay Area GaIIermeI1t 1988 Hcusin:¡ Needs
Detemination stu:ly. File reference 80,003.4.
It was JDCYed by 0:u1c. Rogers, seccr1ded by o:.mc. l('qIpel
and p"ø-ed un2InÚIDJSly to not ocntest the Hcusin:¡ Needs
DBteJ:mination for 0Jpertin0 as prepared by ABI\G.
30. consideration of reœganization of the En£gy
lhmni-ton regardin:¡ the 1"'- of )L,141rS and
requirin:¡ City of 0Jpertin0 residency.
(a) First readilx¡ of ordinance No. 1473: "An
orðimnœ of the City CD.mcil of the City of
0Jpertin0 A1IIerxiinq 01apter 2.38, En£gy
lhmni ....ion, of the 0Jpertin0 M.micipal Q)de."
It was JDCYed by CD.mc. Gatto, seoc:n:1ed by o:.mc. Rogers and
ra!!eed unanbacusly to read ordinance No. 1473 by title only
and the City Clerk's readilx¡ to ooostitute the first
rea.ding thereof.
31. Establishinq dates
lhmni ....iCII/ODDittee
1989.
of awlication pé<1::iod far
~ 00CUJ:'l"iD,J Jarœxy 15,
By consensus, Ca.Incil tentatively a¡pt'CNed 7:00 p.m.,
'1hursday, Jarœxy 5, 1989, for interviewB ~ upon
the Intergcvemœntal Ca.Incil IIIIi!EItirYJ date. o:.mcil also
established !)eo _.1.er 16-28, 1988, as the aw1ication period
with notice of intent filfn; s fran cw......ít ~i....iœers to
be aooepted thJ:a1gh ~ 1. o:.mcil directed that the
City Clede p.1blish the ~ and aooept awlicatiŒlS.
32. Disn.......ion to CŒlSider fomation of a task force to
adCh. TT a eu...~a.te¡}:lusiness/city partnership far
......... "1ity benefit.
Following di............t.cn, by CC'I'IS8lISUS,oouncil e.:1u1.sed the
oc.....""tIL, requested that Mayor Plungy and CD.mc. Gatto meet
anj prepare a letter to be sent to the .......~ate heads.
33. Introduction of park fee anj Bettin:¡ of p.1blic heIIrin}
to CŒlSider an cm1inanœ establishin:¡ said fee.
(Previously oontin.Jed to ~hoo.. 12, 1988.)
WRITl'EN CXHUIICATIœ8
34. Mr. VidcNiå1 sent forward a written <"""""'""1ication to
o:.mcil regardin:¡ demolition of the tennis ooorts at
the site fon.exly known as '!he DeAnza Racquet Club.
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1mIJl!S Of 'IH! w:J.D\Bm 11, 1988, mmIAR crrY a:m::IL
MEE'l'IlÇ (00-756)
City Attamøy Iûlian inf"- CDmCil that IIUCh a
deIIIolition P""""'it; was an ~ve action and not a
Ocuncil .....i -ion.
Mr. Vi.dcYiå1 told Ocuncil that he had no pt'å)l_ with the
t"o' <-"..... He ~ --eel the cpinion that if he WEe to
~1i1!lh the t81nis ocurt:s, psthaps it wa1ld -1st the
'--"1ity and 0D1cil to viøt it as it is pt lS 1 .uy being
used. He st.at.e&S that 1Øt8II8r he plts in the )Al'¥"Ll¡, it
will not be a use ~ t.emia ocu:rts.
ocunc. Gatto iz,f....._] these t"o..LI do. thaat he had œoa1wd a
letter regarding the City "l...-t .-TiD) ordinance.
City Manager 01inlan stated that a letter is goiD) cut to
restricted areas.
CD.mcil dian~-9d the situaticn and ~~-œd that psxtIaps
an art:ic1e oœld be plt in the I"I,."ATH1YI scene request:1n¡
~--t.ions.
CIRDINANCES
35. None.
RESOII1l'ICH;
36. None.
CXXINCIL ~ - None.
At 11:20 p.m., CD.mcil adjcm:ned.
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