CC 03-19-90
'/
,
CITY OF aJPERl'IN:), srnTE OF CALIF'CRITA
10300 '1~ AVEMJE, aJPERI'INO, CA 95014
TELEPHONE: (408) 252-4505
MINUmS OF '!HE REX>UIAR CITY CXXJNCIL MŒl'DC HErD œ
MAR:::H 19, 1990, CITY HALL CXXJNCIL 0iAMBER
10300 1U1<1<t; AVENJE, aJPERl'nÐ, CAI.I:FœrrA
œ-786
'!be meet.in¡ was called to order by Mayor RogIns at 6:45
p.m.
SAIIJI'E 'ro '!HE f'L1\G
mIL CAlL
Counc. PL g IL:
Goldman, Kq:pel, Sorensen, Szabo, Mayor Ib}e1:s
staff Pl. IlL:
City Manager Brown
City Clerk COrnelius
Director of Public ~k.o Viskcviå1
Director of ChmII"'1ity Devel,¥"""d:. Cowan
Director of Finance Sny1..
Assistant to the City Manager Brown
Director of Parks and Recreatim Ccwlinq
n-m"'lity RelatiCl'lS Officer R:rey
City Attorney Kililsn
~
It was JIIOIII8d by Counc. Szabo, ~.:Jo:d by Came. Sorensen
and J?"I'1's'9d unarú.mcusly to CXI'rt:iraJe Item Nos. 35 and 47 to
the meet:Jn;r of April 2.
CEREM:IŒAL M1a"uac:; - PRESm:l7\'I'Iœs - Na1e
ORAL CXHIJNICATIœs
Rúl Halstead told Oouncil he thc:u;Iht he oculd be heImi
under oral ChmII"'IicatiCl'lS rather than at the end of the
agenda in relatia1Ship to the item sd1eduJ.ed under staff
Reports. He stated he did have other ncn-related i.......... to
mentim. In regard to a City center hotel and the Ov...,.....
park, he read to Council his letter dated March 19
abjectinq to the c::han:Jes made by the Planninq ChmIi-ion at
the meet.in¡ of Marc:h 12 withcut a p.lblic hearing.
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MINtJI'ES OF '!HE MARCH 19, 1990, REX>UIAR CI'IY CXXJNCIL :€ETING
(œ-786)
Paul Ilgenfritz, 1026<5 Dmube Drive, stated that "dJe vote
taken NOVE!IIi:Jer 20, 1989, had irregularities. In regard to
}.¡:plication 3-{]-86 (Revised), he felt that Mr. Vidovich,
the develcper, had been OIlertXl'lpeI1Sð.ted for the 31 1.nÚts.
He revi9Wed historical infODnation regardirr:J this item.
Jim Mehta of Olateau CUpertino, said that L1fonnatim
regardirr:J a 6-story, high density è.uilctirxJ beirg è.uilt in
front of Olateau CUpertino had been withheld fran tenants.
InfoDnatian regazàinq a joint driveway was aJ so withheld.
He expressed oc:fn!rn regëm:iÍnJ lack of parkiIr;¡ and stated
that the triangul~ piece sha.ù.d be open ocpaœ. He
urged more parking for Olateau CUpe¡-:tiIX> arxi <::pen space for
the whole area.
Rúl Halstead read his press release dated March 20, 1990,
pertainin] to ~. i-~ ¡'od c::hanqes for elected and a¡:pJinted
officials.
þ
Tall De1wsa'I of .J\m1or Careers requested 11 dlan;Je in the
City's solicitor ~. <'eeS. J\mior C3reE!J:S is an
organization that tead1es ycurJ;J peq>le jet> skills and is
also a recreation ~L'-";Law. 5everal h1.1n:irId yo.zths are in
the ~"':ILaw arxi they c::hëIJ'ge frequently. A $50 per perscn
solicitor's pezmi.t fee is expensive. He asked if it ~
possible for the organizatim to pm::hase a certain J1I1IIIho:or
of pezmi.ts that ocoùd be shared by the YCurJ;J peq>le in the
Pl'-";Law. He was directed to p.¡t his request in writinq to
the City ClerK who will foxward the infcn:matim to the
..........'¥Llate staff ,,_.J -er.
Jàm Marshall, 1110.1 Scuth stellinq Read, ~.sed Oouncil
regardinq solicitors who go deer to dcJOr. He said he had
sent in a soondoff to which he ha'j not yet received a
reply. He also inquired aba1t the City center fo.mtain and
the b.1s step on stevens Creek Boulevard near DeAnza
college. He stated that the b.1s does not always step in
the þL~ place, b.rt: stqJs elsewhere, which blocks
traffic. He told Council that Wen he had addressed the
group previously bio redwood trees ~ dying at Jollyman
Park; TØi it is six. He did receive a letter fran City
staff b.rt: he woold prefer that the t.l T be cared. for. He
also mentioned trßt at Linda vista Park, there ~
electrical aJ.tlets without 00IIerS. \lso, play equii'"uèuL at
the lbrt:a vista Recreation Center has loose mIts and bolts.
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MINtJI'ES OF '!HE MARQf 19, 1990, RÐ.:;UU>.R CIT'i CXXJNCIL MEEJ'IN;
(œ-786)
~' c:AIENDI\R
staff reqœsted that Item No. 7 be removed. Mayor Rogers
~ Items 27 I 28: an:l 29; CCUJ');;, Goldman IeIIX:IV8l Item
No. 11. It was IOCIVed by Came. KI:HJel, seoc:n:Jed by Counc.
Sorensen and P'I'Ssed unaniIrnJsly to a¡:prove the balance of
the Consent Caleroar as sul:mitted with the exœptioo of
Item No. 12, as Counc. Sorensen abstained on that item.
1. Resolution ~!o. 8056: "A Resolutioo of the City Coun:::il
of the City of CUpertiIX> AlIOWÍl'¥1 Certain ('"]"'i..... and
Demarxis Payable in the ADnmts and Fran the PUnds as
Hereinafter Described for General and Misoellaneous
Experxiitures for the Period EOOinq February 23, 1990."
2. Resolutim No. 8057: "A Resolution of the City Cameil
of the City of CUpertiIX> AlIOWÍl'¥1 Certain ClaiJœ and
DeIIIaJæ Payable in the Amamts and Fran the PUnds as
Hereinafter Described for General and MisoeJ.lanea¡s
Expeuditures for the Period EOOinq March 9, 1990."
3. Resolutim No. 8058: "A Resolutim of the City Oouncil
of the City of 0JpertiIX> AllCMinq Certain C! ..i..... and
DeIIIaJæ Payable in the ADnmts and frail the PUnds as
Hereinafter Described for Salaries and wages for the
Payroll Period EOOinq February 13, 1990."
4. Resolutim No. 8059: "A Resolution of the City 00unci1
of the City of O,¡pert.im AllCMinq certain ('"]..i""" and
DeIIIaJæ Payable in the ADnmts and frcm the PUnds as
Hereinafter Desc:ribed for Salaries and Wages for the
Payroll Period EOOinq Februa%y 27, 1990."
5. !b1thly Activity Rspo1.L, FebIuiny, 1990.
6. ~licatim ASN:. 28-tJ-88 - I.a:ndmark Devel,¥"""ll -
Request for revie", and~.:MÙ for perimeter fencinq
and soorñ wall to an approved plamed townhaDe
devel,¥"""lt lc.cate:i on Gardenside lane, north of
Ra.i11bcM Drive. PJeo ..··""1Jded for ~.
7. ReIIrNed fiun the 0Œ1sent caleroar.
8. Requæ.t for appropriation of $625.00 frail the general
fund to caver cost of November, 1989, election.
9. AloctlOlic Beverage O:ntrol license applicatiCl'lS: Marie
callemer Pie Shq>, 20750 stevens creek BoulevaId: Tea
Garden Chinese Olisine, 10457 Sc:uth DeAnza BoulevaId:
He Ho Restaurant, 20041 Boll1n:Jer Road.
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Consent Calendar
MINUI'ES OF '!HE M1IRai 19, 1990, REX>UIAR CITY axJNCIL MEE:I'ING
(œ-786)
10. ~ of minutes of the adjoorned regular City
Courcil meeting (study sessim) of FebroaJ:y 2 and 3,
1990.
11. Remc'ITed frail the 0Œ1sent calendar.
12. ~ of minutes of the adjoorned regular City
Council meetin:.J of February 21, 1990.
13. ~ of minutes of the adjoorned regular City
Council meeting of February 26, 1990.
14. ~ of minutes of the adjoorned regular City
Council meetin:.J of February 27, 1990.
15. Resolutim No. 8060: "A Resoluti/"Jl1 of the City Council
of the City of O,¡pert.im Settin;J tete for Ca1sideratim
of Annexinq Area Designated 'Byrne Avenue 90-0J',
PL_ L)' IDeated m the East Side of Byrne Avenue
beboieen }Ioo.....sa Averua and Granada Avenue:
~....,ri-t.ely 0.38 I\cre, Hall (Am 357-16-44)."
16. ClaiJD for tW.~ filed by Nagin Fatal. Re.:- ....-'Ided
for rejecticn.
17. Resolutia1 No. 8061: "A Resolutim of the City Courcil
of the City of 0Jpertin:) ARJravinq cart:ract 0'Iarçe
Order No. 5 for stevens Creek Boulevard ~ov"",=,,Ls,
Oran; e to ihar lap, Project 4022."
18. ~1icatim No 12-u-88 - pizzeria uno Restaurant - Q1e
year review for """'1'1 ianoe with Use Pemit Ccn:titiCl'lS
m a dine-in restaurant located m the SQIth side of
stevens Creek Boulevard 400 ft. east of Blaney AverJJØ.
19. Resolutia1 No. 8062: "A Resolutim of the City Oouncil
of the City of 0Jpertin:) ARJravinq a...L....ct ~
Order No. 1 for Traffic signal Modification m
M:JClellan RaId at steJ.lirg Road, Project 90-101."
20. Resolution No. 8063: "A Resolutim of the Ci1..y Council
of the City of O,¡pert.im ~ing Ccntract 01an;Je
Order No. 16 for l"'nmII"'1ity Center aill.din;¡/Meøm'ial
Parle Expansim, Project No. 2001."
21. 1Io:>:"'l'Lance of City project.o; perfonoed urœr CXI1tract:
a) DeAnza COllege sidewalk Installation, Project
89-108 (Golden Bay CCI1struction)
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MINtJI'ES OF '!HE M1IRCH 19, 1990, REX;lJIAR CITY a:X.iNCIL MEE:I'ING
(œ-786)
b) Cœi:>ined proj ect - MXlellan Road I11prcvement
Project 89-4009 and North stellirq Road wideni.rg
Project 90-4005 (P & F Canstructim)
c) Foathill/Cristo Ray/starlinq Traffic Signal,
Project 5009 (HaoIard Electric)
22. Acceptarwœ of 1II.DÚ.cipal iIIprovements:
a) '¡'ract No 7574, Torre and stevens Creek -
Vidavidy'OIartier
b) Tract No. 7575, CUpertiIX> waterfall, Rodrigues and
Torre - Mayco
c) Terry Brown project on Pasadena/Granada
d) Tract No. 7728, Olive Avenue - H. W. & Associates
23. Resolution No. 8064: "A Resolutim of the City Council
of the City of 0Jpertin0 Aooeptin;J Grant of F..............rt;
for Riœdway Pu1:p<:ses frail Dllvid I-Ito/a Yarq, Jan-FWu and
SUi-<hin:1 Ko Hwu, ccnsistin¡ of ~tely 0.003
Acres, IDeated 10249 Pa~ AVerJJe."
·
24. Resolutim No. 8065: "A Resolutim of the City Oouncil
of the City of QJpertino Aooeptin;J Quitclaim Deed and
Autharizatim for ~ water Rights frail DIIvid
I-Ito/a Yarg, Jan-FWu and SUi-aúJJ¡ Ko Hwu, IDeated 10249
p.......-. Aver1Ie."
25. Resolutim No. 8066: "A Resolutia1 of the city Oouncil
of the City of 0Jpertin0 ~ Parcel Map and
IIIprcIYement Plans of Prcp!rty IDeated at 11234 a1l:b
Road, Develcp!r Elmer 8.1Xta1 and D'I.ee 8.1Xta1,
Autharizin] ~1tim of :f:bt.u............,t Ag:I.eEillelht;
Autharizinq Signinq of Parcel Map and DIprcvement
Plans."
26. p-p"'""'t for waiver of business license fees frail united
states Missim at san Jose.
27. ReIrx:Ned frail tho: 0Œ1sent calemar.
28. RemcNed frail the CaIsent Calemar.
29. ReIrx:Ned frail the Qn."'elIt Calemar.
·
I'I'EH> lIDIJVED FR:M a::tœmr c.\InIDaT\R
7. ~lication 1ISAC 51,889.1 - Designers COllective -
Request for review and ~ for miIX>r remodeling of
an exi.st.in:J service station and a¡:proval of a Planned
Devel~1t sign plogLQIIl. Reo .,...~ for approval.
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.
.
Vacation-
McClellan &
Madr id
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MINl1l'ES OF '!HE MARai 19, 1990, RmJIAR CITY c:x:xJNCIL hu:J:.uC
(œ-786)
~ King of Designer's COllective, rep:resentinq 01evra1
USA, IrY.:. , said that he did want to rem:we the signs frail
the c.arq-,y. '!he roc-œmen:Iation frail AS1IC was a.:~ldble.
It was moved by Counc. Szabo, seoc:njed by Counc. ~ and
p"e",'9d \.II'IaJÚJbOOsly to awrove ~licatim ÞS.AC 51,889.1 per
AS1IC Resolutim No. 1523.
11. Awroval of minutes of the regular City Cameil JDEI8tin;J
of February 20, 1990.
'!he City ClerK was requested to reviE!li the tape of the
meet.inq of FebroaJ:y 20 to see if the rw""""'"" of unit-.a was
part of the matim pertaining to oattinJanoe of applicati.a1
for ì.-.. .""'1 and devel,¥"""IL of the TIue Value Hantware
Store site. It was DK:Ned by Counc. Goldman, seo....:Jo:d by
Counc. ~ and p"e~ 4-0 with Counc. &"'04-.1
aœtaininq, for ðp£)luVal of the miraJtes.
27. Mc:nthly Treasurer's ~L - Pebruazy, 1990.
It was requested that ~.. be used in the figw:es.
Directar of Finance Srl'der said this <T!I'ld be dale with a
ch!Irx; e in the CCIIp1ter plogl.aw ~ shcu1d be K" "loli8hød
in a few 1IICI'1t:hs.
28. Ac- "".tðnce of initial po h. -·.:1atiCl'lS frail the InteriJa
Tennis Center n-nittee.
Oouncil received the names of the nrwnni ttee ............,...
29. Resolutim No. 8067: "A Resolutim of the City Oouncil
of the City of O,¡pert.im set;t.inq Date of Public H8arinq
to CtI1sider Traffic Mitigatim MeasuretI m Mann Drive."
staff was directed to notify the neighbamood as 8CXI1 as
possible.
It was DK:Ned by Mayor Rogers, seoadod by Counc. 1C"ß)8l and
p"ee"'è unanimcus1y to aß)roVe as sutmitted, It:eDø 27, 28,
and 29.
PUBLIC HEARnœ
30. CtI1sideratim of vacati n of a portion of McClellan
~ narth of Madrid Read
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MINUTæ OF '!HE W\RCH 19, 1990, RmJI1\R CITY CXXJNCIL MEE.TIN:;
(œ-786)
(a) Resolutim No. 8068: "A Resolution of the City
Cameil of the City of CJpertino Orderin] Vacaticn
of a Portion of foi::Cle11an Read North of Madrid
Read As Provided in Sectia1 8320 Et Seq. of the
streets and Highways COde of the state of
california, Retainin;J it aft PUblic utility
F...""""'""It, Public Service -""""'""It, Sanitaxy Sewer
-..-....d., and Pacific Bell F...~."
(b) Resolutim No. 8069: "A Resolution of the City
CoI.Iœil of the City of O,¡pert.im Aß:Jroving Parcel
Map and ~uV'E!Dekd. Plans of Prc:.perty IDeated at
21934 McClellan Read, Developer James Sisk,
Authorizing F\œcutim of ~""'eDe11t ¥_.L;
Authorizing Signinq of Parcel Map and ~"",eaoe.IL
Plans."
(c) Resolutim No. 8070: "A Resolutim of the City
Cameil of the City of O,¡pert.im Acœptinq
Q.1itclaim Deed and Autharizatim for tJndergrcund
water Rights traa Jàm W. Bell and Patsy Ann B&ll,
21984 McClellan Read."
It was DK:Ned by Counc. JCq:pe1, seoc..:Jo:d by Came. Gol_r¡
and p"--rd unanimcus1y to close the pJblic hearinq.
It was DK:Ned by Counc. JI'qJpeJ., -......:Jo:d by Counc. sorensen
and l""e_\'d unanimcus1y to adept - 1 :>lutim Nos. 8068, 8069,
and 8070.
31. Hearing' to ocnsider abII.t:-...L of 1"I1isaooe at All
American Shopping center, narthwest .............r of SCIuth
Blaney AvenJe and Bo11in; er lQId.
(a) Resolutim No. 8071: "A Resolutim of the City
Oouncil of the City of 0Jpertin0 Olderinq
Abat.eœ1.t. of Public NUisance at All American
Shopping Center."
Assistant to the City Man!Iger Brown reviewed events that
have oocurred in this matter since the written L~t dated
Mart:h 11, 1990. 'Ihere is aztside stuLIaF because there is
mt encu;Jh roan inside the hnildinq. Fish is no 1<n:}BI
beinq washed aztside. '!he Assistant to the City Manager
believes the owner will apply to add m to the b.ù.ldinq so
there will be roan for oovered ~. Also, the
awlicatim will request revëlllpirq the circu1atia1 system
to get rid of the fish odor. '!he ootdoor pagirq system is
mt beirq used. '!he staff is r... .....-.dinq ñi_11tling of
the system.
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Public hearing
closed
Res. 8068, 8069,
8070 adopted
Nuisance abate-
ment-All Americar
Shopping Center
MINUTES OF '!HE MARCH 19, 1990, RmJIAl CITY roJNCIL MErl'DC
(œ-786)
City Cameil c:ptiCl'lS were reviewed. Council enoc:uraged
that ¡:hates of the graffiti be sent to the Sheriff's Office
as the group doinq it may be identified. Also, it shoold
then be reDDVed.
Darlene 'It......,..., 20097 Jàm Drive, a custaner of Tin Tin,
told Cameil there is a tr'emer1cbJS odor prà:>lem. When the
cwnty Health Department investigated "live" fish were
floating in the tanks dead. other stores with fish da1't
have this. Also, live fish splash water at the carpet
which also smells.
Assistant to the City Manager Brown said she has ta1Jœd
with the Health Department and Tin Tin is in OCIIpliance
with tl1Ø hecùth IUles.
Elly Werner, 20076 I.A Rcda 0Jurt, told Cameil she does
have slides of the market and area l:ut will for&.JO showin;J
them unless they 1esire. In respCllSoe to the staff L"¥'LL,
Ms. Werner said that not all per&a1S got mailinqs and a1ly
me notice was posted; there shoold have been at least
two. '!he graffiti is still there. Not all 7'~ cans
have 0CNel'S. stares to the left of Tin Tin (Ho Ho
Restaurant, etc. ) have unccNered d!.mpters. '!here were
...d..... today by the d!.mpters. Perishable food is stared
cutside. '!here '1r-~" to be a higher wall bet:u9en the
sbcß>inq center and the residential area that woolld totally
close the œnter off. '!here is a PA system inside the
store also. It is so lcud the noise gees into the
neighborhood. Ms. Neu.....· reqœst:ed that there be no PA
system inside the store eitha:'.
Victoria Så1wart said that her mother and children do not
shop at Tin Tin anymore. 'lhey cannot fin:l thin;pI in the
store: there is too IDJCh odor and traffic in the.
neighbortxxxi.
Mazgaret I:IIpink, 10870 South Blaney, had a si1lln.....
OCIIplaint. She said she used to shcp at the store and
would like to again.
Frank Na1g, 20062 I.A Rcda 0Jurt, said the shqpinJ center
::;hculd nct have two restaurants. 'Iher9 will be nr:n::e odors,
cxx::kroaå1es, etc.
Mary Ann 0Irertal, 10743 South Blaney AVernJe, expreased the
same OCIIplaint regardi.rq traffic and odor.
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e
MINUIES OF 'lliE ~ 19, 1990 t Rm1IÆ CTIY a:wcrL MŒI'.U«i
(CC-786:
Niex>l Legan, san Jose, speaking m behalf of the owner of
the Tin Tin Market, said that she has met with scme of the
rrmoIIInrlty and does want to work with them. 'l11e owner is
sensitive to the neighrœ:hooj oa.oems. SaDetimes these
frail other alltures de."IOt 1.111derstam cur c::ax:erns. Mrs.
I.eqan is workin1 with th.'! owners. Shqpinq is a persmal
thinq. 'l11e owner is wining to give tan:s of the store
whidl serves a large Asian pcpùatim. In rAgard to the
odor, the owner has been told to rBIDYe the dead fish. He
is trying to iDr}rave the filtratim system in the tank and
the air ccn:lit'.mer above the tank. It was ~ that
pezhaps a tile flex>r with a drain wo.ùd help; alsc, a
separate roan for fish cleaninq.
Mary Ann 0IIerta1 asked why aJStaœrs frail other rYWIIInI"'1ities
were beinq bro.Jght in. 'l11e neighborhood is reinq
alienated.
.
Elly Wemer said that she took a tcæ.- of the store and came
cut ':JL-n. 'l11e tile in the fish area is filthy; it is a
matter of cleanliness. Pr'lY~I1"'~ and fish are broJght in
txx- and the E!IIpty boxies are p.Jt outside. '!be people at
the store have p.Jt live fish down the outside drain.
Ken IaIOint, 71 EnciIX>, Atherta1, told Council that his
f~in-law owns the center and is ttyinq ~ eliminate
the prà:ùems. 'Ihey have a bid cut m repairs to the brick
wall, paint:.irg of the back of the h'i1dings, and plantinq
the rear strips, and are tryinq to work with the
neigbbœ:hood and the City Council. He .."L -- with the
three reo" -·-·-datiCl1S.
It was DK:Ned by Counc. ~l and seccnjed by Counc.
Go1.dllllm to close the p.lblic hearinq.
Director of n-mnúty Devel,¥"""IL Cowan said he will
di ..r...... raising the height of the wall with the owner \bin
he çplies for the enclosure.
Oc:uncil di.....'ee1!d enclosing the trash bins, remcval of the
odor, repairinq the wall, maintenance of fra1t and back of
the center, and sanitatim. It was ~ted that a field
trip cn1ld be taIœn.
Mrs. Legan as1n:wi that saue Jdnj of a quantitative yardstick
be given in regazd. to the fish odor so that it cn1ld be
mAacztJr8d.
.
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Park Fees
.
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1IDllTl'ES OF 'lHF MARCH 19, 1990, REGJIAR cr:J:l CXXJNCIL 1'Œ.l.TI1«i
(CC-7S6)
It was IIDVBd by Came. Sorensen an:! secxn:Jed by ColIne.
~] to take a ~ield trip i""""",,iJotely. '!he mctim was
defeated with Co..Inc. Goldm!m, Szabo an:! Mayor Pcgers votinq
no.
It was DK:Ned by Counc. Kqpel, seoa-.ded by Counc. Sorensen
and I"'Med unarrl.DnJsly to adept Resolutim No. 8071 with
Item b to be ameJ'1ded to inc11X1e that the gazbage oa:tainer
shall be covered, the wall repaired, there shall be a
maintenance p1:"':ILaw for the center, the use permit
a¡::plicatian will incllXle increasing the wall height and
enclosinq trash oa1tainers, the odor shall be SI.JR.1L-~ed or
reJII:M!d, and that a p.¡blic hearin:¡ will be c:axJucted within
90 days and shall inc11X1e a field trip: there shall be
:iJJprayed eanitatim pl.' '^-1n'"eB.
By OCt¿ msus, Council agl.....d that the hearin:¡ in 90 days
(JUne 18) will not be just regardirç the odor, b.1t will
review ITOI{'liance with all cx:n:titiCl'lS.
32. <::a1sideratioo of raisinq park fees (h.._JlSUrate with
01pertin0 prcperty values.
Director of Public Wœ.k.o VisJa:wic:h reviewed his LqA'Lt with
Oouncil.
Ann Arq.1r, !b1ta Vista, said this ,.....)8 came up last year.
'Ihe O,i,,*¥ Act is for ""~visiaw. Sinqle-family lots
that want to iDprave do not 0CIII8 UI'XEr the "'1bdivisia1
ardinanoe. She had cx:.ntacted the Pacific T_ Foundatia1
in regard to this item. She asllWl if sinqle lots wculd
CCIII8 under the...... ......sed parX fes sd1eœJle and was inf... ..-"1
a1ly if it is a vacant lot m 1otú.ål the owner wants to
hnil,.. Mrs. Arqer said this was not in ð(u 'kd4nce to the
infœ:matia1 frcm the Pðcific T--... Foundatia1.
Mr. Viskoviå1 ~.....,eed the opinim that this was an equity
i ~CII.Je.
Elmer aJxtc:n, 11234 I:lti> lb!d, said he took me paroe.l with
an exist.irq resideme and divided it iJlto two lots. He had
to pay two park fees. QJe house already exists there: his
fees were $10,500 per lot.
Mr. VislcDviå1 stated that the ~ Act does not re:xJgn.i.ze
ex:ist.in;J haDes. He oculd be credited if he can aheM that
he had previously paid park fees.
City Attorney Kilian pointed cut that use of the QlÚ.IIiJy Act
is voluntary. Cameil oculd dJccse to just use AB 1600 if
they wisbed. AB 1600 is for new deve1,¥"""IL a1ly and
requires that a nexus be shcM1. '!here IIIJSt also be an
annual L,,¥-,LL and update.
-10-
MINtJI'ES OF '!HE MARŒI 19, 1990, REGJIAR CITY CXXJNCIL MEE'I'IlÇ
(œ-786)
Jàm Marshall cited V'.!rious ex¡mples which he used for
clarificaticn.
It was 1DCIIIed by Counc. ~1, sect'I1ded by Came. Sou...!!8I'1
and P"'~~.gd ~y to close the public hearing.
It was 1DCIIIed by Counc. ~, sect'I1ded by Came. Sot. nn
and ra':1<¡o9d with Mayor Rcgers di.ssentin:¡ to ~ ~m 1
using ().liDiJy Act and AB 1600 park fee ~'n----,t methods;
to ccnfirm the Clu.L",,1t land value at $1.5 millim per acre;
to aß)roVe use of park fee JOOnies collected to reiJabJrse
the General Fund for IIICI'IeY spent m the park ~L"':ILaw; to
ðwL1.Ñ8 in oc....q1L that fees established will 0CIII8r
principal and future increases in park fees due to ""''¥''L ty
value increases wil1 be used to offset interest.
RE)...x.~: 9:00-9:05 P.M.
RJBLIC HEAlUNGS
33. ~icatim No. 9-Z-88 - Noor Blllawala - Request for
reza1inq 10.9 .......'0'0 frcm agricultural residential to
Hillside Residential; westerly temims of Rainbow
Drive. Envh.........lLal Detenninatim: '!he P1.annin¡
n-onni-ion reo· ····....ds the grantin;J of a Negative
Deçlaratim. Ree, ····-·Ided for awraval.
(a) First readinq of ordinance No. 1522: "An
O:tdinanoe of the City coonci1 of the City of
O,¡pert.im Amerxlinq Sectim 1 of Ordinance No. 2 by
Reza1inq 10.9 Acres frail City of QJpe:rtino Al Za'I8
to City of Q.1pertino R!S; IDeated at the westerly
Temira.Js of Rainbow Drive (Blllawala - ~icaticr1
9-Z-88)."
It was DK:Ned by Counc. Kqpel, sect'I1ded by Counc. Szabo and
p"'e"«t UJ1êIlÙJIIa sly to grant the Negative Declaratim.
It was mcved by Counc. Kcß>el, seoorIded by Came. Szabo and
p"'ee.gd UJ1êIlÙJIIa sly to aß)roVe the awlicatim per P1.annin¡
n-onni_ion Resolutim No. 4246.
It was 1DCIIIed by cnmc. I<q:pel, seoorIded by Counc. Sorensen
and p"eeed Ul1aIÙJIIaJs1y to read ordinance No. 1522 by title
a1ly and the City ClerK's reading to CCI'IStitute the first
reading thereof.
-11-
App. 9-Z-88
Neg. Dec. grante
1st reading Ord.
l522
.
App. [[-Z-89
Neg. Dee.
grWd
1st reading
Ord. 1523
App. L 7-U-89 & I
38-EA-89
,
.
MINtJI'ES OF '!HE MARCH 19, ] 990, REnrIAR CITY roJNCIL MEE:rIN;;
(œ-786)
34. AR>lication No. ll-Z-89 and 43-FA-89 - City of
CUpertiIX> Amerxiin¡ zOl'1inq ordinaroe to ~ity
~licability of setback, height, bùk, floor area
ratio and similar requirements. Prq1erty is the area
Jxunded by stevens Creek Boulevard to the narth and
Byrne ~; 0r'al'xJe Aveme to the east; Granada Aven.J8
to the swth and by private lands to a depth of 200 ft.
east of Byrne AverJ.Je. Envh......."..l4l Determinat.i.a1:
'!be Planninq l'nIwni ....im rec:. ....-œ the grant.in.J of a
Negative r--"""'!I.tim. R90="....~ for approval.
(a) First readin;J of Oràinance No. 1523: "An
Oràinance of the City Oouncil of the City of
O,¡pert.im Amerxiin¡ Oràinance No. 1050 to Specify
~licability of Setback, Height, aük, Floor Area
Ratio and Similar ~1i........ILs, Located stevens
Creek Bculevard to the North and Byrne~;
0r'al'xJe AV8I'I.Ie to the East; Granada Aveme to the
Sc:uth and Private Iands to 11 Depth of 200 ft. East
of Byrne AV8I'IJ8."
It was maved by Counc. }{q:pel, secxnied by Came. s........._1!I1
and pelE'lIed unan1mcusly to grant the Negative r--l aratia1.
It was DK:Ned by Counc. JCq:p!l, secxnied by Counc. Goldman
and passed unan1mcusly to ..........uv'8 the ~licatim per
Pl.ar1ninq l'nIwni ~ia1 Resolutim No. 4247.
It was maved by CaJnc. Kqpel, seccnBi by cnmc. Su......_1!I1
31'Xi p""....... unanimcusly to read Oràinance No. 1523 by title
a1ly and the City ClerK's readin;J to o......titute the first
readin;J thereof.
PIANNm:; APPLICATICIIS
35. ~licatim No. 27-U-89 and 38-FA-89 - P:O'"""-1a~
CL..i"'Latia1 - Ri;wJ-=rt for Use Petmit to .-.. .iAl an
existinq retail center to ehè' ..I........ 39,500 sq. ft. of
'" ....-'l"'Cial/office ~oe and 23 dwellinq units,
includin:J 10 units of affordable hoosinq for senior
citizen. Envirtnœnta1 Deteminatim: '!be Plarr.in.J
rnrmi"'..ion ~:.....-'Ids the grantinq of a Negative
Declaration. 'nIe prq¡erty is located on the north side
of stevens Creek Boulevard wsterly of Mann Drive.
Feo ....-..ded for awroval with cxnlitions. (O:ntinued
frcm the meetinq of FebruaLY 20, 1990.)
(PreviCQ>ly 0CI'It.inJed to the meetinq of Apri~ 2.)
-12-
MINtJI'ES OF '!HE MARCH 19, 1990, FŒX:;UIl\R CITY roJNCIL MEETIN:;
(œ-786)
ARCHITECIURAL AND SITE APffiOVAL a:MfiT1'EE APP"....ICATIctIS
36. None.
UNFINISHED BJSINESS
37. Na1e.
}ID¡ BJSINESS
38. proc..ñl1T'1! and assi'=Puu=llts for the selectim of 11_.. .eL&
of the CUpertiIX> Goals rnm.ittee. !ofÞn. oers to be
selected April 2.
Sharon Blaine, DeAnza Circle, urged Cameil to rec......ider
the selectim proo-a and to cpm up the appoild..,_tls to
citizens at large. 'Ihirty peq¡le are not a lot to serve m
a goals ocmnittee. She exp1.èo>sed CU10ern that Oouncil
~d select pecple whœe cpiniCl'lS they already knew.
Se:r:ving m the citizens 9""'1.. t'YWI'I1\ittee is an '"'M"-'LloJnity
for peq¡le to ....... ..- involved and knarm. Council <:X:I'ùd let
everya,e who ...'....itted an llRÙicatim serve. '!bat .....,1r'I
make the t'Y'Om!ittee broIIder than that 1otú.à1 served in 1980,
œt it ~d still be closed. If Oouncil did let all the
ðR>liœnts serve, they cculd have a stee:rirç t'YWI'I1\ittee
~ with the larger graJp. 'lhere wre 106
ðR>licatiCl'lS; this "II........... cculd ~ through subc. ..."ittees.
Ann An:]er mq.... '3'9d CII:IL--=aIL with Sharon Blaine; thirty
peq¡le are too few. Council will pick a special groop.
Kathy Nellis, ,,_.J eI of the 1970 91""'1.. t'Y'Om!ittee, said that
original ocmnittee was not selected. She went fraa the
goals ocmnittee to the Planninq rnm.i....im to the City
Council. What maJœs O,¡pert.im the city it is are the
volunteers. She exp.. ---d \II1derstarñin; that Oouncil does
want the goals t'YWI'I1\ittee to be directed, however, a .,...__t
idea cculd be 1IIiecoed. She also urged Council to make sure
that there is not a tuilt-in bias; that the CY'MmIittee is
not weighted cne way or another. She asJœd if the
categories and the ðR>licant:s :tep:¡:: sent all areas of
CUpertiIX>.
Ann An:]er remin1ed Council that the ~ of influence
JIIJSt be iœlu:led.
Counc. ~ announoed that Den Lake did withdraw his
name. She also rem:in:led everyone that there wculd be a
p.¡blic hearinq at the Planninq rnm.k'!lion that wculd allow
for additional p.¡blic irpIt. Cameil1N'!Jrhers oculd call the
ðR>licants and interview them. She exprea~'!!d suwort for
the method of selectim previously chœen.
-13-
Goals Committee
e
.
P &. R Conun.
appointee
Street &. Traf-
f~mpact Fee
A~ment Dist
MINUI'E5 OF 'lEE MARCH 19, 1990 I lIDEAR CI'lY axJNCIL ~
(CC-786)
City Manager Brown also noted that meetin;¡s of the
oamnittee 'NOUld be p.¡blic and suggested that all awJ.icants
be rotified of meetin:Js and that they be kept infUL....d.
'!be issue is to have a focused group to carry it t:hro.Jgh.
Di"'C'1ssim followed ~~ ~ up the ~licatian
pz:ocess and the rn"""""" of persa1S to be appointed to the
l"'J"\Al.. Camdttee.
City Manager Brown said that the a1ly d1ange if DX'e 10IIere
i!RXIinted 'NOUld be the rn"""""" of mailings and the T1I~
m the suÞo .....ittees. Assiyu_IIL to l'Y'ImIittees will be
harxtled by facilitation, rot by the cat:..agories chec:Jœd.
Nancy a.trnett, 729 sterxiahl Lane, said there had been good
inp.rt: tonight, I::ut it was a c:ban;Je of tules. Her husbalxl
had ~lied, I::ut withdrew so he wculd rot o..'/....te with
her. '!here may be other similar situatiCl'lS. She suggested
that Ccmx::il extend the ~licatim period.
It was DK:Ned by Counc. Goldman and seo....:Jo:d by Mayor Ric:Igers
to delay the decisim regardinq appoiuL......LB for a18 week.
'D1e IIDti.a1 was defeated with Counc. JI'q:pel, Soreuun, Szabo
and Mayor Rcgers ilie- .Linq.
Di..,..'....icr. followed regardinq the poesibility of rec:peninq
the awlicatim I:'L' 'V.......e to April 2. 'D1e majority of
Oouncil said they woold rather rot.
'D1e City Manager reo· ....-œd that if all of the awlicants
were i!RXIinted to the Citizens 1"'_1.. Camd~ that they
select their own steerinq CCIIIIÚ.~.
It was DK:Ned by Came. Szabo, wo....:Jo:d by Counc. I"'J'I]"""""
and p"-nd with Counc. Fq:ipel ili e"1' JLinq to i!RXIint all
those ~ had ~lied to thI:I Citizens 1"'_1.. n-onnittee,
\4'ú.ch shall organize as they å1cœe. '!he City ClerK was
directed to remove this item fraa the April 2 agerxIa.
39. ~Llt.-It to the Parks and Qecreatia¡ n-onni....im for
a partial term en:iin::J January, 1991.
It was DK:Ned by Came. KcgJel, seo....:Jo:d by Came. Sorensen
and ~'S'sed I.1I'IimÍIInISly to i!RXIint Dennis I.cw to the partial
term on the Parks and Recreation n-onni '"91m.
40. Iq:.praval of financin; iI"('111nØ1'Jts related to the "SLL.....t
and Traffic Dlpact Fee Assoc""""1t: District."
-14-
~ OF M tœŒ 19, 1990, RmJI.AR CIT'i alJNCIL ~
(œ-786)
(a) Resolution No. 8072: "A Resolution of the City
Council of the City of CUpertiIX> Awroving Ban:i
Purd1ase COntract, Official statement and Related
~nnørrt:s and Authorizinq Actions With Ræpect
'Ibereto, City of 0Jpertir0, street am Traffic
IJIpact Fee Ass""~ District."
It was DK:Ned by Came. Goldman, secxnBl by Came. J«:g>el
and P""""" \.U'\a1Ú.JIØJSly to adopt Resolution No. 8072.
41. Awroval of financing doconnørrt:s for i"""'Jin¡
Certificates of Participatim to finance the QJpertino
Sports center acquisitim (Memœ:ial Park expansim
project) .
(a) Resolutim No. 8073: "A Resolutim of the City
Cameil of the City of O,¡pert.im Awrovinq, and
Authorizinq and Di.rec:t:.i.n;J ~rt:im of Ameudmm/ts
to site T_~, T_~ Ao,µ...........lt and ~ of
T ""'I'*' and Authorizing and Directinq Certain
ActiCl'lS With Respect 'lhereto."
(b) Resolution No. 8074: "A Resolution of the City
Oouncil of the City of OJpertino Awroving,
Authorizing and Directin¡ Exec:ut:J.<.c1 of Certain
T -.... F:1nancinq ~-m. and a Purå1ase
h;¡L........d., Appravinq a Preliminary Official
stat:--IL, and Authorizing and Di.rectinq Certain
ActiCl'lS With Re~ect 'l1'.......t.o."
It was IIICIYed by Counc. s........ nn, ..eo.....:Jo:d by Came. JC(ß)el
and p"'e-'!Id unanimcus1y to ~L Reøolutia1 Nos. 8073 a.m
8074.
42. ~ of City's inv....L....:..1t policy.
Director of Finance SI'1yder told Oouncil he also wished to
iliAt"O,.... a money manager for the City and repn:d1ase
"":IL~/ts .
It was IIICIYed by Counc. }{qpel, e...::....:Jo:d by Came. Szabo and
p"eeed \.U'\a1Ú.JIØJSly to aß)roVe the inv.....L....:..IL policy as
t:111httitted.
levent Ersoy, 1320 Primrose way, urged Council to wat.d1 the
ratio of risk/rate of return. He mq;¡ested tr.at this type
informatim be :iJx:luded in the lIICI'Ithly l:epœ.t.
-15-
Res. 8072
adopted
Certificates of
Participa~ion
(Cupertino
Sports Center)
Res. Nos. 8073 &
8074 adopted
Investment polic
e
ICC Fee
.
Congesticn
Mgmt. Plan
Bid openings
.
tmmEs OF 'mE MM\æ 19, 1990, RmJ1AR CITi' cnJNCIL ~
(œ-786)
It was lOCIIIed by Ccurx:. KqJpel, secxnjed by Counc. Sorensen
am I"'I'9sed Ul'lal1inr:Jusly to authorize the City Treasurer to
use the services of professional IIIa1ey managers with the
fi.ndin;Js tlJat this item came up after the post.irq of the
agerœ.
'!he Director of Finance stated tlJat he will L"¥'L L b!Ick to
Council if he entered into reverse repurchase a.;µ_IL9
durinq April.
It was DK:Ned by Counc. Goldman, seoc:.n:ied by Counc. ~
am p"'c""ed unanimoosly to authorize the city Treasurer to
enter iJ1to am ~.rt:e reverse repurchase .."............ILs in
April if f'C""'C""'ðazy net to eyneed $2 millim with the
fi.ndin;Js tlJat this item came up after the post.irq of the
agerña .
43. Reoa...ideratim of Intergcvernment Oouncil fes.
It was DK:Ned by Counc. J{qpel, seoc:.n:ied by Counc. &""__10
am p"ðcoed unan:i.JlDmly to authorize payment of $2,000 to
IGC.
It was IIICM!d by Counc. JCrt'pel, seoc:.n:ied by Counc. t"J'Io1_tt
and p"'CI-ed unaniJDcusly to authorize staff to tIL......-- a
letter for the Mayor's signature tlJat the City 10ICUld liJœ
IGC and the santa Clara 0::Junt:y Cities Associatic:n to be
open and di..,..."ae possible cansolidatim. '!he letter shall
EII1CCUrII;¡e key pecple frail each organizatim to meet.
44. Cl..~m ~ ._,¡t Plan - PL Ef[¡¡latim of priJœry
}ALt..}..~la.
It was DK:Ned by Counc. ~, seo....:Jo:d by Counc. /:(11-"
and po'Clnd unaniJDcusly to ðwLuv'e the plan as:œ(. -1CIIod
17/ the joint l'Y'mftittee and PI: a811ted in the staff L"'t""'L.
Councih_'~-e1.. will give any irprt: to Counc. ~.
45. Repent m bid openi1çs and award of cxntracts.
a) O1ristensen Drive street Drprovements, Project
90-108
It was DK:Ned Counc. I<qp!l, seconded by Came. Goldman and
p"''!'~ed I.Il'1aIÚDrJUsly to award the oontract to Golden Bay for
$56,619.50 ha!;ed m the 1~ bid am authorized a 15%
CŒIt.in;Jerx::y for a total proj ect of $65,112.50. Council
also authorized the use of Minor Read I1Iprovement F\md No;.
120-4009-953 for this project.
-16-
MINUI'ES OF '!HE MAmI 19, 1990, ~ CITY CXXJNCIL MŒl'DC
(œ-786)
b) Sidewalk Grin:iin;r, Project 90-106
It was DK:Ned Counc. Kqpel, secxn; ed by ~. Goldman and
I"'ðeed 1.II'WÙJIn1sly to award the 0Œ1tract to l\1Iix)
Erçineering for $14,632 """"«1 m the lowest biå ;:.'1d
authorized a 1.5\ 0CX'Itirqency for a tat:al project of
$16,827.
46. Deslgnatim of sourœ reductim and recyclinq task
force for santa Clara QJunty.
(a) Resolutim No. 8075: "A Resolutim of the City
Council of the City of CUpertino Designatinq a
Sooroe Rsduc:t.im and Recyclinq Task Force."
It was DK:Ned Counc. Kqpù, secx:n:Ied by Came. Sorensen and
p"e-gd unæUmcusly to adept Resolutim No. 8075 with
directim to look into the possibility of recycling
plastics.
47. ReIr'...ew of N...,¥'int Sooroe ~.........IL with the water
district and participating QJunty agencies and r-}I-t
for ..........'-¥Liatim.
(a) Resolutia1 No. 8076: "}. Rssolutim of the City
Oouncil of the City of 0Jpertin0 Authorlzinq
~ttim of 'A"L.........,L Pravid:ln:J for
DIplS81t:atia1 of santa Clara valley N...,¥'int
Sooroe PL'-";L.....', With the Santa Clara Valley water
District and Participating Agencies in santa Clara
QJunty. "
(Previously ocntilued "CO the meetinq of April 2.)
WK¡",nuf <XHIJNICATIœs
48. a:Jute 85 Esthetics Review n-nittee Meet:.in;J - A letter
had been received in City Hall March 19. As Council
c1eteJ:mined the need for actim came up after the
pa;tÌnI of the agenda, Mayor Rcgers was ðRXIinted to
atten:i the April 5 meetinq.
A letter frail the City of Los Altos regaràin:J the
closure of st. ,Jose¡:h Avenue - As the letter W"dS
received by the City March 19, Cameil detennined that
this item also came up after the postinq of the ageroa
and by ocnsensus, directed that a letter be sent with
the Mayor's signature sayin:¡ that CUpertiIX> prefers b;o
"<X'eesœ to that prq¡erty.
-17-
Source reductio
& recycling tas
force
Res. 8075
adopted
Nonpoint Source
Agreement
Rt. 85 Esthetic
Review Committe·
St. Joseph Ave.
closure
",
.
i
City Center I
2.' "m '0<0'1
.
.
MnIDTES OF 'UlE MARCH 19, 1990, RÐ;UIAR CITY cnJNCIL MEE'I'DC
(œ-786)
ORDINA¡'K:E,S
49. Na1e.
RESOIl1I'Iœs
50. Na1e.
S'I1IFF ~~
51. oral l"f:'VLLs by sbff "_·~~rs - Na1e.
52. Update regardinq the 2.4 acre parcel located at City
Center (stevens Creek Boulevard and DeAnza Boulevard).
City Manager Brown infcmoed Council that Mr. St"~H:)t'J has
cxrrt:acted IIaIt of the principals in the matter.
Director of C'romonúty Devel,¥"""IL Cowan reviewed the 1979
General Plan iœ1udinq the Town Center policy cmi also the
1983 update. He said that early in 1982, Oouncil had
adc:pted a fairly preciM plan for Town Center 10ñich deleted
the PJblic open ~, ~ for the p.¡blic p"'~ m the
............. of stevens creek Boulevard and DaAnza Boulevard. At
this time, there is no perñinq 8RÙicatim for dsYel,¥"""ll
in Town Center .... ~'L for a miner _.dI.-.L for the plarø1ed.
hotel. Without a new Za1inq çplicatia1, there is no
IAL"I""LLr døv8l,¥"""IL potential for the tri.an;Ile.
Rùl Halstead, 0Jpertin0 Watd1dcq, sa.~ that the 1982
Iinc::o-,t _ superseded by Iinc::o...-¡ts traD 1983, 1984, etc.
Paul ngentritz, 0Jpertin0 Waterfall, said that there is no
p.¡blic open ~ in the center of Town Center. It oould
a1ly be iDpl........rt..ed m the trian]le parcel.
Mr. Halstead reviewed a broct1ure he had p.¡blished.
Sally waite, O,¡pert.im Waterfall, said that ~t is
o.u.u.uUy in the area is en::ugh. QJpertino is c:rverb.1ilt.
A density bcrJJs shculd be given as an eJ«:"'i'Um, and then
a1ly in return for saIIE!thin;J for the p.¡blic gocxl, such as
open spaoe.
David Townsly, 10166 Danube Drive, spoJœ in favor of the
2.4 acre triargle beinq kept as open spëlœ. OJrrently, it
is a parkÏIJJ lot, not open space. He stated that cress
validatim of many doctDnents ccnf1.rm the need for open
space .
-18-
· .
KINUTES OF '!HE MARCH 19, 1990, RÐ:;UI.AR CI'IY axJNCIL MEE:I'nC
(œ-786)
Bruce Pass, CUpertino Waterfall, said the open sp!I08
oCh.qJL is oot new. 'l11e intent to have open space is part
of this devel,¥""" It. He expressed the feel~ that the
City has 00 right to consider an applicatim to develq> the
tri.an3'le. He feels it is a right to have q>en space as per
City Ò'V"''''''''1ts. He expressed SUR>.... t for "00 rise".
Mayer Rogers told these pz !!Sent that the Council has heard
that they feel that the City has prnni...." and owes them
q>en spaI""'. 'Ihe l""'.......it for the parIdn;J lot was exten:1ed to
the first meetinq in A1.çust am will oot be ilia"'..e........ until
that time. No applicatim has been filed. Peq>le said
they wœld listen to the .-ii..tor, b.1t will oot give
anythinq. She encouraged the citizens to work with the
mediator and l,.,.c..... part of the .G:,xw'l'. 'Ibis item was
0CI1tin.Ied to the staff Lq.¡Olt sec;tim of the agerœ for
April 2.
a:uNCIL Kt:òtU<1~
55. Counc. Goldman - IBgisati~ Review l"'nmIittee - oooncil
unanimcusly voted 'co take the follcwinq actia1
regardinq pending' legislatim: Oi.~ AB 2779 (Iswis),
awiness License Tax, e>o-'1.,lia1 for any ): usiness
cperatinq in a City less than 80 hems per year: SB
2565 (Watøcn) , Transient Occupancy Tax,
~""""""4.-settinq ~'-";LGIII to restrict use of 'lOl'
røvenJes: SCA 43 (Dsvis), Brown Act, reoardinq of
closed _iat ili.."'"....iCl'lS: and AB 33458 (Fri"""""'1),
AttornIIIyB '"-, settl_1t offers.
At 1l:2.) p.II., Oouncil adjcun1ed to 6:30 p.m., Marål 26,
Cc:nferenc.e RcaIIs C and D.
?tt~.
City Cl .
-19-
Legislative
Review Committee