CC 06-18-90
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CI'IY OF aJPEm'IN), STATE OF CJ\LIFCJRNIA
10300 'iut<l(t; AVENUE, a.J1'ERI'llI), CI\. 95014
TELEPHONE: (408) 252-4505
MINl1l'ES OF '!HE REX>UIAR CI'IY CXXJNCIL MŒl'DC HErD œ
JUNE 18, 1990, CXXJNCIL CHAMBER, CI'IY HAIL,
10300 TORRE AVEMJE, aJFER1'INO, c::MJ:R::eIIA
œ-792
SAIlJI'E 'ro '!HE f'L1\G
'!be meetin;J was called to order by Mayor ~.. at 6:45
p.m.
Colmc. PL IlL:
Goldman, JCt"tpel, Sorensen, Szabo, Mayor ~s
staff Pres_IL:
.
City Manager Brown
City ClerK COrnelius
T)irector of Public Works VisJccvic:h
Director of n-m"'1ity D8Y8l,¥"""IL Cowan
Assistant to the City MImager Brown
Director of Parks and Recreatim Ccwling
Public Infomatim Officer Krey
Halsing , SeJ:vioes OxIrdinator Norlinq (arrived 7:20
p.m)
City Att.ozney Kilian
~ - It was DK:Ned by Counc. Szabo, seo...ded by
Came. Sorensen and p"eeed unanimcus1y to ocntinue No. 20
to the meet:.inq of JUly 2.
CEREH::IIIAL M1a'~ - FRæEm'ATIœs
Proclamatim haìOLlnq mJP.
& SS'lItatia1 of award to st:lDmt for water c:x:nservatia1
poster .
Mayor Roge1... .... 1!5lJLed an award to the st:I.ù!nt with the
WÍ11rlin;J water c:x:nservatian poster. '!he award was a 1990
.......""'" pass to Great America.
cerem::nial Certificates of ARx>L,lwt:..IL were PLSS'l,ted to
Tan Weber of the Architectural and Site Aßn:'cNal CcmIIittee
and David Keller of the Cable Televisim Advi.sŒy
Call1nittee.
.
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HINUI'ES OF '!HE JUNE 18, 1990, REX;ULl\R CI'IY axJNCIL ME:E:rIN:;
(œ-792)
ORAL cnHJNICATICNS
Karl Paradise, Pinntage Parkway, addressed Council
regardinq the use of AB1\G statistics for various actiCl'lS.
Mr. Cowan explained AB1\G's I'eSp:)JlSibility in the
gavemmenta.l þL' <-'''.
Field trip to Tin Tin MaJ:iœt, All 1Imeriœn Qqping
Center, narthiiest o.....u.... of Blaney AWDJe and ~
am. (a:niJcted as part of 1Igen:)a Iteaa No. 18.)
City Att.ozney Kilian IU'II'ICU'ICEd that the operators of the
Tin Tin Market and their attorneys were ~ s_IL in
~ . 'Ibey, an:l a:rr:¡ 1I_.~.ex of the p.¡blic, are wel<X1118
to join Council an:l staff m the sctJej¡,üed field trip.
At 6:55 p.m., Council left City Hall for the field trip.
.'Ibey arrived at Tin Tin MarJœt at 7:02 p.m.
Assistant to the City Manager Brown pointed cut that the
c:hm¡Jsters were net yet enclosed.
.
Elly Wiemer, 20076 Ia Roda, said that the gæ:b!Ige cans
aramd the o:n.1.... did net have lids. 'Ihese gæ:b!Ige cans do
net belen¡ to Tin Tin MaJ:iœt. She pointed cut that there
is still graffiti m the north Wall in back of the store
and still open gæ:b!Ige cans alen¡ the northeast wall.
Oouncil toured the interior of the market an:l returned to
Oouncil av...Lm: at 7:25 p.m.
Consent
Calendar
cnrsmr ~U\R
Mayor Rogers rBIIOIIed Item No. 17; Came. Sorensen remaveci
Item No. 9 and Counc. Szabo reDX:IVed Item No. 3 1'IaII the
0Œ1sent calerœr. It was DK:Ned by Came. Kqpel, seoaüe.1
by Counc. s..u.",,_!!I'I and p"e-<;1 ~ly to approve the
balance of the 0Œ1sent calerœr as sul:Initted.
1. Resolutim No. 8152: "A Resolution of the City Council
of the City of ClIpertino Sett:inq IBte for O:xlsideratim
of Annexin:J Area Designated 'Lanita Avenue 90-07',
PrqJerty Located m the SCA.1th Side of Lanita Avenue
Between Byme Avenue and Orarçe Avenue; A¡.:praximately
.15 Acre, Urritia (Am 357-15-09)."
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.
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MINtJrES OF 'mE JUNE 1B, 1990, RIG...1U.R ClT'l cnJNCIL ME'.El'OO
(œ-792)
2. Alc:x:t1olic Beverage Ca1trol license applicaticn filed by
Golden Hon1, 20588 5tel1eI'1S Creek Bo.1levard.
3. RsIr::Ived fran the COnsent calendar.
4. McIrrt:hly Treasurer's Repœ.t and ~ñ;JPt update, May,
1990.
.
5. !b1thly Activity Report, May, 1990.
6. Resolution No. 8154: "A Resolutia1 of the City Cameil
of the City of CUpertino Allcwin¡ certain ('bi_ and
Demands Payable in the Amcunts and Fran the PUnds as
Hereinafter Descr:ilied for Gene1.al and Misœ llaneoos
Expen:litures for the Period Erñinq June 1, 1990."
7. Resolutia1 No. 8155: "A Resolutia1 of the City Cameil
of the City of CUpertiIX> Allcwin¡ certain Clalms and
Demands Payable in the Amcunts and fran the PUnds as
Hereinafter Described for Salaries and wages for the
Payroll Period Erñinq June 5, 1990."
8. Request for annual waiver of fees filed by CAIPIR;jF\Jn::1
for Public Interest ReF--rc:h.
9. RsIr::Ived fran the 0Œ1sent calendar.
10. Mirutes cf the adjœmed regular meetinq of May 24,
1990.
11. Mirutes of the joint meetinq with the Plaminq
n-.-i ....im, AJ:ådtectural and site J\RIt'CMù CCIImittee
held m May 29, 1990.
12. Mirutes of the adjc:mned regular meetinq held May 31,
1990.
13. Mira.rt:.es of the regular meetinq of June 4, 1990.
14. Minutes of the adjoomed regular meetinq held June 5,
1990.
.
15. Aoœptarx::e of IIIJl1icipal inprovements:
a) Tract No. 7675, I<ir!œby/Kebce Project, Forest
AvernJe
b) M:Jnta vista Prcperties, Bellevue Avel'LIe
c) Richard Guzman, stelling Rœd/orline cmrt
d) !t1It¡Vidaviål, stevens Creek east of DeAnza
Boulevard
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.
Pu b lie
Opinion
Research
.
I
MINU1'ES Of' '!HE JUNE 18, 1990, IŒX:;UIAR CIT':{ cn.."NCIL MEE'I'ING
(œ-792)
e) Rai.nI:x:Iw ecurt Associates, Rai.nI:x:Iw Drive
f) DeJœ itJnteI', Jr., amter ~'¥"Lties, sc:uthwest
CUL..= I)eAnZa Boulevard and McClellan DJad
g) Paul '!'ai, 20032 Rodrigues Aver1Ie
h) Raymcn:1 arx1 Betty 1tx1Jœr, 21685 Granada Avenue
i) B. Margar8tià1, water main installatim at stevens
Creek Bc:Wøvard arxi Janice
16. Aooeptance of city projects perf~ umer cx:ntract:
a) stevens creek BcW.evard i:øprovements, Project
4022, Ibar Lap to Orarge Aver1Ie (Raisål
O:I'\stroctim)
b) Si~~oalk Grindinq, Project 90-106 (AIIiJo O"'....u.ba)
17. RemaIIed frail the CDISeI"It calendar.
vote J.fo-..~ éL.. of the City o:::mx:il
AYES:
ooæ:
ABSDn':
AæI2UN:
l<'q:p>1, sorensen, Szabo, Rcgers
GoldDBn,
Ncne
Na1e
Ncne
l'1'EH3 RfXMD PR:M CXHŒm' CAIÐIIWt
3. Resalutia1 No. 8153: "A Resolutim of the City Oouncil
of the City of 0Ipertin0 Authorizinq Ex8o.Jticn of
o...lL<aCt with God/'- Fries a:::mu1i.c:atia'IB for Public
tþinic:n ReI'-Ydl services."
City Manager Brown W·..··_4 Oouncil that it WIIS nec.-"'f'UY
to cc:n::hx:t the ,.srvey i_'IiJlt;ely ~1H of the tight
calendar shcW.d ecuncil deci- to pl""'9 a -CDJre m the
ballot in NcJo..- ~ .... He anncunced there were three changes
in the ......,LLaet 88 su1::IIIitted to Oouncil. '!he sectim
}-M....... "late 0IargIIIJ" is revised to state that all invoices
will be paid in 30 days. '!he sect:ia1s }---.-...,:¡ ''Entire
A,¡.............L" and "GcMIrninq taw VenJe" are deleted.
Brian Godbe, OŒISUltant, said that if Council approved the
ocntract at this time, the survey wculd start t~IIClh"""
eveI'1Ïn1 and I"!Allø woùd be finished sunday. Prelimina%y
data shculd be to Cameil JUly 2, with a ""'""'t'lete L"'t""Lt
JUly 16. '!he øurvey will help determine the tolerance
level of amoorIt of a poss.'.ble tax and whether or not an
excise or utility taX is preferable.
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MmJl'ES OF 'mE JUNE 18, 1990, RmJIJ.R CI.T'i cn,11I~~I.. MEErm:;
(œ-792)
Ccunc::. Szabo stated that in a \oIeek, Cameil should a more
exact figure. He did not feel the survey would reveal
significant infomation and SI.X}ge&ted that staff am
Council eJ<Plore possibilities and then have a survey.
Counc. Szabo DK:Ned that this item be ~~Ied until
Council knows the specific '3JDCQ1t required ani alternatives
of payment. '!be motim died for lack of secxn:i.
It was moved by Came. Goldman and secx:njed by Counc.
~l to adept Resolution No. 8153 ~inq the ðyL..........tt..
as amen:iecl by the City~. '!be motim ["'~~9d with
Came. Szabo ñie.- .ILinq.
9. Min.1tes of the regular meet:in:J of May 21, 1990.
It was moved by Counc. Sorensen, sec::a1ded by Came. Kqpel
am P"~~9d ~ly to awrave the miIUItes the mirøJtes
of May 21, with page 50 amen:Je:l to shew that the school
district trains 5-10 staff """"""eJ:s in CPR and first aid.
17. Resoluticr. No. 8156: "A Resolutim of the City Council
of the City of a¡pertino Aff~ Its Ass\.mptia1 of
Respollsibility for the !Dplementatlm of QJapter 6.7 of
c...:ùifœ:ni.a Health æx1 Safety Cede and Designatin¡ Santa
Clara o:unty Q,,¡,LL..l Fire Protectim District as the
Jtq!n:::z, Res¡msible for Adminis1:erinq and Enforcinq said
Chapter. "
It was DK:Ned by Mayor Rcge1:s, sec:x:rxkl by Came. Sorensen
and ["'ee9d UI1aJÚJIa1sly to adept the Rerolutim.
RJBLIC HFARDI:àS
18. Hearing to cxnúder aœt....,..L of n.úsanoe at All
American Shq::ping center, narthwest ÓJL....L' of Sc:uth
Blaney Aven.J8 and Bollin;¡er lb!Id.
Assistant to the City Mani:.';¡er Brown reviewed what has
occurred at the Center and answered questicnJ of Cameil.
Anthcny Iagorio, attomey L'"l'L s .tlinq Tin Tin Market, said
that he WQÙd defer to the respaIdents and then reply.
Elly Werner, 20076 Ia Roda Court, ~ EL,ILed a ¡:tIato boa:rd
to Council. She liws in line with the back air current
and the area m the right of the market is =ntigucus to
residential. 'lbere is a narrow space bettNeen prq:erty
lines and garbage cans are stored tr-ere. '!hat area is in
the same oc:n:litim as before. She expressed <xuoern
regarc:tirg a serialS rat prOOlem. One evenirq, the odor was
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All American
Shopping Center
nuisance abate-
ment
.
MlNl1l'ES OF 'mE JUNE 18, 1990, REX;UIAR ClT'i CUJNCIL MŒl'DC
(œ-792)
so bad, she had ~ shut her door. Gazbðge is not kept in
bI!Igs as stated, b..'t is loose. '!be night before the Q:luncil
lIII!IStinJ at 11:00 p.m., workers were sowrinq the stores.
'!be antiseptic smell is new <XIIIÍrXJ frail the exhaust, and
not fish odor. She wants plantinqs in the back area whidl
tIUcJœ use for a turnarcmñ. '!his woold keep the trucks
frail c:x:min;J so close to the fence She stated she woold
have liked to have the cleaninq to have been goin;¡ m all
alag. She wnt into Race street market and it was withrot
odor. '!hey kept the odor under oc:ntrol. Pecple at Race
street Market infoDDed her that it's the diffe......œ in the
fish; the fish are not gutted and cleaned at the store.
Ms. Werner exp1. -~ed the q>Wm that trucks are still not
cx:.nforminq. She has taken license plate '1I1I'IIhers. Signs
need to be in more obvious p]aces. She found it difficult
to get hold of COde Enfozec.u...:L and ""'t'L-~ed the belief
that there is still a prà:>lem.
Ms. Brown stated that the actim is against the center and
not just Tin Tin. She believed the actim t!IJœn was
regardin:¡ c:l1.mprt:ers, not residenti.a1-type garbage cans.
She did not feel the barber shq> and beauty shq> gmœge
had food, earth, or fish smell prà:>lems. She had CŒItacted
Vector Q...IL<ul and was infœ:mecl that they never found a rat
prà:>lem at the center and they caüd be field mice.
Ms. Werner stated they were not mice. '!be gazbagEI cans do
have food in them; shqø have lunches and gatherin1B She
prefers no <]¡:n+'1!1g8 cans at their pl:1SEIIt locatiCl'lS arxI that
c:h.mpIters be Jœpt lNaY frail the residential areas.
Mary Ann 0IIerta1, 10743 Salth Blaney, told Oouncil that she
had had Vector Q...,L<ùl cut and the l..&:..ILs s¡:atted are
rats. She saw them CXIIIe frail the ~ing center and head
north. Vector Q...,L<ul said thø neighborhood is fUll of
rats. '!bey are roof rats.
~~ra Yuen, 20805 SCOfield Drive, expressed ~....J.atim
for having Tin Tin there. It is CXI1VeJÚent; she gees
'" 1 ~ every other day. '!here is plenty of parlcin:J and she
is glad to see µ.~ity there. She thanIœd the Tin Tin
owner for ......,LLib.JtiCl'lS to various furDraisenI in
CUpertiIX>. She expr""--~ed the belief that they are doing
the best they can. Sha used to live behini Alp,a Beta in san Jose and there were lx»œs and other items kept
c:utdoors .
.
þ
Barry 01an], 21627 RDsaric, real estate agent, distr:ib..rt:ed
listirgs shcwirg Tin Tin Market as a selling point for
haœs in the area.
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HINUl'ES OF '!HE JUNE 18, 1990, REGJIAR CITY caJNCIL MŒl'DC
(0:-792)
A waœn who identified herself as ere of the Rtore o.mers
in All American Shc:winq Center, asJœd heN IIIJd1 can
gcII/éL.......Il do to ca1trol thin1s. How can it be preJ'o-en that
the prå)lem is !=an Tin Tin. cxx>r can caoe fran any fish
market or market.
city Att.ozney Kilian stated that in regard to lØJiÙ
ability, the city has the power to abate a use inflictinq
up::I'1 a neighbor's use and in ""'-oæ of fire hazards and
public núsanoes. '!be i......Ie of rats was brought up
seriously taúght for the first time and needs further
study .
Kate Chen, resident of Saratoga, told Cameil that she
shc.ps at Tin Tin Market and ~ the c:x:nvenience of the
store. It increases the value of the City. She sees
ex:nJiderable coq>eJ:atim fran the store. As an imnigrant.-
ere cannot """"""Úcate as well as a native. III no way
shculd this cx:aplalnt be just for ere store; it shalld be
for all. Pecple shalld work together to solve problems.
'D1e store is workinq and she WQ.Ù.d like the neighbors to do
theSIDB.
Sabrina Liu, resident of san Jose in the Q¡pertino Så100l
District, said her àúldren are American barn am say they
like to go to the Tin Tin Market JIDX'e than Al¡:i1a Beta or
IJJcky. She stated that there is a rat problem thrwghcut
the area.
~t. YIB1, 10451 5unhil1 Drive, IŒI Altos Hills, said he
is not m the Tin Tin payroll tut he has visited several
SIl¡-o ..->1œts and asJœd ~t problems they had. In mst
ar8IIS, the problem is with early deliveries. Also, many
other stares, such as Sateway, have g¡o~ pic10Jp a1ly
a10II a week. Tin Tin has g¡o~ pic10Jp every day tut
SI.Dù\y. 'D1e g¡o>+-;Je bill is $1274 a JIIŒ1th. He read fran
an article printed in the san Jose MercuJ:y that says the
City is not detectinq smells. If the City gets carplaints,
they shculd investigate. If they f.i1x:ll'lOth.irg, nrJVe on.
Ms. Brown clarified that she had asJœd that the fish be
double ~.
Antha1y Lagorlo œpw¡ized the staff ~.ematim. He
believes that Tin Tin is cx:aplyin;¡' with the standards of
in:hJstry and JIDX'e. He read fran reports dated April 26 am
...'.....itted them for the reoon.l.
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·
MINUI'Ð) OF M JUNE 1B, 1990, RÐ1JI1..R CITY cmNCIL m:rm:;
(œ-792)
Ken LaPoint, .qJL 1i_'Un; ' the prqerty owner, said t.'1at he
had received a lot of ~tim frail all of the shcps at
the center. He ..........._sed Culw.A:D1 regardinq the trash
enclosures and stated he does Itt want them to bee> I.'" a
prà>lem. He asIœd if the ~ were all right, can they
cxr1tinue as they arf:!.
Nicol IBgan, 2876 I""'''''''nne Court, san Jose, pnsented a
video whiål was dcne m May 10 at 9:00 a.m. She stated it
shews the anti-Asian graffiti has been covered. 'Ihe I.ücky
store near LaYJ's at McClellan Square aI:uts residential;
there are shcg>ing carts, milk transport cart:ainers, trucks
in the back with mature lan::1<>c:-a¡:.in;J for a e...........,. other
stores shawn included Petrini's whiål is currently closed,
the Target 1IIa%iœt, Payless at the Ai Center. All stores
had items stored outdoors. At CUpertino Ct"ossrOI!Ids
~ing center, there were cazgo cart:ainers. At orc:hard
Valley was a sto1.ðr,r:s trailer, cutdoor storage and cardboard
- outdoors. At Mica1i's Food Villa on HcIIIestead and
Wolfe, weeden pallets and milk transport carts were
outdoors. She EI".....itted a petitim of supp ILl fran
custaœ.rs.
t
Mayor ~s stated that COde Enf01.o......::uL action is taken
m a """'Plaint basis. She asIœd if Ms. IBgan was
OCIIplaininq .
She stated she was not pn!pIred to é2.."'ISWer that questim.
She requested that Oouncil Itt cxntinu.'! this as a p¡blic
mrlsanoe m the books.
Ms. Wm:ner and Ms. Brown rli""", gd the possible dates the
pictures .".....itted by Ms. Werner were taken.
It was DK:Ned by Counc. lfcHIel, seoa.Jt.l by oounc. Szabo and
P"'-gd unaJÚJIIœsly to cloee the p¡blic hearinq.
Oouncil rli·cne-gd lids being Jœpt m gartI!Ige cans and
pmhaps IIICJITin;J the duDp¡ters. It was also ~-ted that
pictures be taken of the graffiti prior to its rE!IIICMÙ..
Oouncil felt that -_ of its invoh........IL in the
abatement Ì'L' <_e, the center has made t...........ðws
ilrprovements. Places are ru~Rt'1 to serve the Asian
pcp"1"'tion.
t
Counc. Goldman reo ..··...rded that there be a written
~_..=..t or letter t1-.at there be no c:utside storage am
that a regular ma:intenance pl.'-";LaJII a¡;:proved by staff be
inplemented. Also, that in the future, there will Itt be
an c:utside pJblic &.Uì.....a system. Also, keepinq the
gar.œge cans cut of site would be preferable. '!be
requirement of a trash enclosure oculd be deleted.
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MINU1'ES OF '!HE JUNE 18, 1990, RmJIAR CITY axJNCIL ME:E'l'DC
(œ-792)
eourx:i1 ðyL....d that there is no µJblic rurlsanoe at p1. as ,.t
and the ÍIII'Ortant thin;¡' woold be to keep the center at its
current level. In regard to installatim of tra&1
enclosures, Council will look at that again and if there is
a prcblem, they may ccn;ider requirlnq it at that time. It
was suggested that sha.ùd a prcblem occur, Cameil woold
receive .. U:iJULt fran the Code EnfOJ:oeIuc&IL Officer.
Ms. Brown stated that to the COde EnfIJL~...uL Officer, the
enclosure is a matter of aesthetics.
City Att.ozney Kilian pointed out that this is a mrlsanoe
hearing and the enclosures are aesthetic and therefore, not
~'¥Liate for a ruisance hearinq.
It was DK:Ned by Counc. Goldman, seo....:Jo:d by Came. Kqpel
and Z"''!'P'Sd unaniJaaJSly to declare the ra.úsance abated and
direct staff secure in writing fran the ~'¥"Lty owner of
the ElhciR>ing center, that there will be no outside Btu..'¥',
thty will not install an ootdoor PA syøtea in the fUture
and they will hip] -.. íL a regular maintenance p1.'-";L..... as
a¡:pt'tMId by staff whiål shall incl\de X'EIIICVal of graffiti.
A trash enclosure will not be œqu:ized. Oouncil stated
that a letter fran the attorney, Ant:ha1y Iagorlo, t.r'II'ld be
acceptable.
'D1e City Att.ozney stated that it is J' ..(.......~-l'Y that the
letter 0CIII8 fran the ElhciR>ing center and not the Tin Tin
Marlœt.
Mr. IaPoint said that woold not pose a problem.
p¡:Y"RCtC:: 9:10-9:20 P.M.
19. A¡p>al of Arå1.itectural and Site A¡pravall'hlol!ittee
~isim reganiinq lam"""'Tinq, ~icatia1 51,890.1 -
All American ~ing Center.
It was DK:Ned by Counc. JCqpe1, seoa.Jt.d by Counc. s....... "l"en
and I""~-'!Id unanimcusly to grant the ~l and not require
ASAC awraval of a laroacapinq plan.
20. ~licatim 3-Z-90, 5-'IM-90 and ll-EA-90 - First
Baptist Church, M::nta vista - Reza1:irx:J of ~tely
2.07 acres fran 8J (CÞasi Public a.ú.ldinq) to Rl-7.5
(Sin:Jle Family Residential 7,500 sq. ft. IIIiniJøJm lot
area or other such zaú1:g classification as ~,,-WI
åwL'¥Liate by the Plannirg Chmti=ion or City
Cameil. Tentative Map to suI:xlivide 2.07 acres into
nine (9) lots ran¡inq in size frcm 7,600 sq. ft. to
10,300 sq. ft. (Previoosly ccntinued to the meeting of
JUly 2, 1990.)
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Appeal of ASAC
5l,890.l
App. 3-Z-90
.
App. 27-U-89
.
.
MINt1l'ES OF '!HE JUNE 18, 1990, REX:;(JU.R CITY CXXJNCIL MŒl'DC
(0::-792)
PIANND«; APPLICAT:CNS
21. ~lication 27-U-89 and 38-FA-89 - Pð<:NI""1a Graœda
COliJULèltion - Use Permit to J:'PIIW"rløl an exi.stirxJ retail
center to en('''\-elss 39,500 sq. ft. of o...,..."'Cial/office
~ and 23 dwellinq units, inc1udinq 10 units of
affordable ìlCUSin:J for senior citizens. Envil....wa:¡ILal
Det:ezmination: 'The PlaJ'll'lin] cn....i.... im recx,.1IIIE!I'1ds the
grantinq of a Negative Declaratim. '!he ptq)E!rty is
located on the north side of Stevens Creek Boulevam
westerly of Mann Drive. Reo ....-&Jed for aw=val with
oc:ntitians .
oirector of C'nnmInúty Devel,¥"""lL 0:Man stated that the
a¡:plicant wants a clear indicatim that there ca.1ld be
future devel'¥"""lt in the center. 'n1ere is no legal
requirement for us to demand senior hcusinq and Mr. Brown
volunteered to provide senior hcusin:J alCD,J with grantinq
of oerbtin pa:ridn;r octlc_siCl'lS. staff will retum to the
City Oouncil after the hcusin:J CCIIIIIittee reviews Ccn:titim
No. 14 of this a¡:plicatim.
Terry Brown addressed Cameil regardinq Q:n:litim No. 15.
He recpested that the wall be e1:ér..."ted m the northerly
1o'L'¥"Ll.ý line a1ly and ext:.em the extent of 00 ......... cia!
activity. He ~ that Q:n:litim No. 19 be amended
that there be no tl: as m the shc::IPing center side of the
accustical wall tmere the tJuildinq is; hcwIBver, he will
plant m the northarly perimeter neighbor's side of the
wall it they wish b. T!. In regani to the senior hcusing
provi.sicns, Mr. Brown as1rod what if he ca.1ld net reach
""'jL_tl. with the City. He wants to be able to deal with
the hcusinq l"Y'OIIIrittee on an equitable basis.
Halsinq and Selvioes OX>rdinator Norlinq said that the
l'Y'IIOIIittee has not worked wt what they woold I'eC' ....->ñ.
'Ihey have ~Liated in good faith and been working m this
for a year. In aba.tt two weeks, they shculd be able to
reach agl...........IL or know there is no ð,p.<>CIICIIt.
City Attorney Kilian said the a¡:plication ca.1ld be ~
subject to the a.;µ..........,.'Jt beinq ~ wt.
Mr. Brown said the Plq<"""l has no cx:uc_sians for the
senior housinq in his view. 'The pa:ridn;r shortfall is not a
oa~im, just sanethinq that ca.1ld be addressed later.
Mr. 0:Man suggested that Cameil may wish to reo.IOrti
O::nlition No. 14 as the foor seniO'.!' units is a goal.
-10-
l'INUI'ES OF 'DiE JUNE 18, 1990, RWJIAR CITY CXXJNClL ME:El'DC
(œ-792)
Di~I""'ion followed regardin;J parkirg lot cira.1latic.n and
entrance to tile store.
Upon being asJœd by Council if the door for entrance to the
True Value Hardware store be IIICIYed to the west, Mr. Brown
said it prà:)ably could as the CUlL",IL tenant is leavinq.
Patricll. Milligan, 10018 oakleaf Place, said he wculd like a
two week ccntinuance of t:1is item to provide time for him
to m-ganize the neighboJ:hood. He E!XpresSed oct'':~L1,
regaràinq the possibility that the center fails. He spoke
in favor of affordable senior haJsinq on the site and said
it was hard to O··..-·,L against the project withoot ~
like a NIMBY. '!be developer/owner has to take an active
role to make the center a RI~s. He reviewed a handcut:
and photo of the center. He rocx:v...~ that Council
review the site after six mant.hs ",......,tpaœy.
Roy Ha!lptat, Oakview lane, addressed Cameil reqardinq
parkinq and Ccn:titim No. 20 of the awlication. He felt
that the office <;pace is a giveaway and should be
cœmercia1/residentia1. In regard to traffic and P'lI"kin1,
he requested a two-way lane OCIIIÍD] in and goinq art: stevens
Creek Boulevard. He ~tðd that there be a sidewalk
"''''"''"E'9 m MIllIn Drive. He suggested that traffic isJ.aJœ
could be installed and it 10IaÙd still leave t:;paCe for safe
in and art: "'.........e to the center. Neighbors wculd be ham'
to meet with staff regaIàinq these i...........
Ann Arqer, Menta vista IJIpraveaent aesociatim, ~=sed
Rl1¡:"ILL for c:bmtown Menta vista shq:pinq and expl-""«i the
c:pinim that staff should encoorage neighl:xn1M.d shcg:Iinq
centers.
Ken I.indbexg, 21917 Oakvi_ Iane, requested that land"""'<\pe
sc:::reenin;J go in now m the west end since there will be
future devel,¥,,=,L. He ~.....c1 with Terry Brown that the
west end is perfect for senior haJsinq. He requested a
re6L<ictim m narth side windows m the new three-story
b1i1dinq and also r-LdctiCl'lS m Mann Drive parkirg.
Narx::y Hertert of san Juan Road, said she was glad to see
the tank hcuse there. It was OOilt in the 18705 and Terry
Brown has taken good care of it.
Molly D:ù.pae, Senior Hoosing COordinator, said she wculd
like sœe ~VYIl senior apartments. '!his wculd allow
for 3hared hoJsinq and the low-inoane sinqle parent.
-11-
·
MINUI'ES OF 'IHE JUNE 18, 1990, REX>UIAR CITY roJNCIL MEEl'ING
(œ-792)
Mr. Cowan said he did share tl>.e goal of ha.1sing, rot wanted
to keep the same fuV~dnt.
Shirley B.Jrg, 0-IpertiIX> l"nnmI"'1ity services, e:xpt. ~"Od
support for affordable senior ha.1si.n::J,
Mr. Brown said he WQÙd like to reserve the right to
speak. 'Ibis was awroved by the Mayor.
cnmcil ~L....J to amer..hue1d:s to the ~ aJlISILb..:.4.a
for Ccn:titiCl'lS 15 and 18.
·
Mr. Brown said there are no windows m the third story.
'Ibis eliminates possible sight intrusim.
Mr. Viskavich stated that he will meet with the
neighbartxx:d L"¥L swtatives the followinq~. In regard
to sf""!? '!Ùks m Mann, he stated that shculd not be a
problEIII.
Mr. Brown said deliveries lICIii cx:me frail the sooth and he
did not anticipate that to å1arxJe.
Disc"....tcn followed regardinq maving the store entrance of
the }oIL suit True Value Hardware store to the west to draw
the center towards t~ west. Oouncil also iti ""<,,,eeed staff
developing a two way entzy.
It was DK:Ned by Came. Kqpel, secx:aùd by cnmc. 5vL..,¡...en
and p"ee-' UI'IalÙJr':1IJS1y to a¡:prtN8 the grant:.inq of a
Negative Dec1aratim.
It was DK:Ned by Counc. Keppel, secx:u:1ed by cnmc. Goldman
and p"-ed UI'1I!Illi:D:usy to ð),¥Lu-./8 ~icatim 27-u-89 per
Planninq C'romIi....tcn Resolutim No. 4269 with the followinq
~íts:
·
Ccn:titim 14 state that the City DIlrf require
OCI'1StJ:uctim of aàii.tia1al dwelling \mite, resezvinq
them for affordable rental ~1pæ1Cy by eeni.or citizens
accordinq to the tenus of a SUR?l......4/tal ~..........It
a¡:proved by the City Oouncil and by the City Attorney
prior to rec01:datim. said SUR?lemental ~l.........ít.
shall restrict ~1f"'rcy of said \mite for a minimJm of
20 years and shall be :t"eCQJ;.Jed. '!be seoc:ni paragrapt
shall not be c::han;ed. '!be third paragraph shall read,
"'n1e total '1InnhPr of subsidized dwellin;Js and the
city's participation in cost 1JI'deIwritinq of
~ements to a~o:x1a.te elderly residents, such as
-12-
MINUI'ES OF 'IRE JUNE 18, 1990, REX:UL\R CITY <XXJNCIL MEE:I'ING
(œ-792)
elevator installation, as wall as waiver or raductian
of fees or other benefits, shall be ~ by City
CaJrx=il at the precise p13n stage hooeed m
~(. ....-rñatim of the Senior CitizeryHandicap ~
Fun:i l'hmIi ttee.
Ccn:titim 15 shall read that the developer shall
install a solid ..ocu;tical barrier (masau:y wall) at.
the northerly perimeter of the site. '!be barrier shall
be Oa1figured to 0CX1tain an effective six-foot height
above highest adjoininq grade at a.rry point alCD:J its
reach.
Ccntitim 18 shall .....ate that the dP-veloper shall
install L< H m the north perimeter as OCIICqJWally
irxticated m Sheet 3, '"'COept that trees are rDt
required in the service alley. '!he ðß>licant is
required to install L< -S' m residential "''¥''Lties
whiå1 adjoin the service alley if 8I.Iå1 L< I are
desired by affected ~'¥"Lty owners. 'Ihe ra........... of
trees shall OOh.........1d to the ra~ of L< !S' depicted
in the service alley adjoininq each residential
p..'¥"LL.f.
'Ihe seou.d parëIgra¡:i1 of O:ntitim 20 shall read, "'!he
ðßÙicant or subsequent ðßÙicant may a"""it a new use
P"'""it ~-t to OCI'ISider additia1al deve1,¥"""IL m
the project site including the area located west: of the
existin;J building. II
Ccn:titia1 22 shall be MrIAr'I am shall read, "Pedestrian
¡'---.e fraD Ham Drive. '!he Directar of Public Works
sl.dll review the northeast COl.a:!' of the site for the
purpose of c1esigninq a better pedestrian _---.e for
pedestrians ent:erin,J the site frail Ham Drive."
Counc. Goldman stated he will vote in SUWOlL of the
project~ hcIwiE!wr, he is rDt happy with the o.rt:ocme. He
preferred the previalS sukmittal. However, the developer
has <XIIpliad with what the majority of the City Cameil
asked.
'!be JOOtim was adcpted unaniJllCU3ly.
22. ~lication lO-U~,) - Smith & Smith Ard1itects _
Request for Use Pemit to aài ~tely 600 sq. ft.
to an er.i.sti.rx¡ retail bank b.û1di."'q, install a total of
six A'lM devices, a.'1d enhance an-site parkin:J ani
circu1atim. Envil""IIIJIOIILal Deter.mination:
Categorically ~. '!be property is located a1 the
-1)-
App. lO-U-90
e
.
Energy Comm.
interviews
Acquisition
of c3.retaker
res idellce
.
MllIUI'ES OF '!HE JUNE 18, 1990, REX>UIAR CI'1Y CXXJNCIL ~
(œ-792\
southeast oon;er of Salth DeJ.nza Bcul3Vard and
Rodrigues Avenue. P"'O ....-'Y3ed for ~ with
ccrditiCl'lS.
It was DK:Ned by Came. Ifr{peo 1 and seoc:n:3ed by Came.
Sorensen to grant the Negative r..,.l"':t1Itim.
Gorda1 Frolic:h, 1202 Belknap CWrt, SI.II}; eSted that di.aga1al
pa.rIdrq "WOlld be prefer!!lble as ~_dicular is a prcb::'em.
Mr. Viskcvic:h said that the perperxticular park.in; is mre
efficient and allCMI for more parXinq rrralls.
Counc. Sorensen asJœd that staff look at diagonal parXinq
in the area alag DeAnza Boulevard.
'Ibe JOCJtim for a Negative r..,.bn.tim p""o¡¡9d unan.iDx:rJSly.
It was DK:Ned by Came. Kqpù, seoc:njed by Came. Szabo and
p"ð~ed Ul1IIIÚJIIWsly to ..........we ~icatim lo-tJ-90 per
Planninq 1'hIn~ -ia1 Resolutia1 No. 4268 with directim that
staff look at t'I~~ parXinq, particularly in the area
off DeAnza Bculevard and that staff have final approval of
the parXinq CCI'Ifiguratiat.
NEJi ElJSDfESS
25. Letter of xesignaticn r.raa Bci) ~'"9' frail the
Energy n--~-~t'W1; settinq BRÜicatim period and date
for int:arv1aIø.
It was IIICIII8d by Counc. (".nl_"1, 1IeOOa.:Jo:d by CCUnc. ICq:Ipel
and p"'e-el2 unan.1JaIsly to ""Oept with reg1...L the
xesignatia1 r.raa Bci) RI.Jtts1bezg. Oouncil directed that the
cpeI'ÙDJ be pJb1icized in the n__~""" SCene; that the City
ClerK ~ BRÜicat.ic:ns through Friday, JUly 13 and
schedule int:arv1aIø and çpoiul...u.ulL JUly 16 in Cc:nfe...........
Roan A, 6: 15 p.m.
26. pø. h..·-·ldatim reç¡¡m1irq acquisitia1 of caretaker
residence at M::Clellan Rarx:h Park. (Closed sessim
requested. )
Director of Parks and Re.........atim Ccwling infœ:med Council
that the ......&.qIL will be t'li..n'1~'$'ed in cpen meetinq with the
actual price of the mobile haDe t'I~ Ø(:I'ð'$'ed in Closed sessim
later in the eveninq. ;Je þl 1 ..Led six slides of
structures located m the Si:arms prcperty and M::Clellan
Ræ1c:h PdrIc as possible use for subsidized hcusing.
-14-
MINUTES OF '!HE JUNE 18, 1990, REX:;UIAR CITY CXXJNCIL MEE:I'JR;
(OC-792)
Cameil expressed a consensus an the ........~t. Closed
Sessim will be held at the en:i of the mestinq to rIi "<'\189
price of p.¡rchase of the c:arct.aJœr residence at M::Cle11an
Ranch Park.
27. Iù:pol. L en bid ~ ani award of tJŒ1tracts.
a) Traffic Signal Maintenance - Var!am IntersectiCl'lS
Citywide, Project 8602.
It was IICYed by Counc. !{q:pel, seoc:med by Counc. Sorensen
and I?"'ee-' ~y to award the ccntract to Signal
Maint:enan::Ie for their 1011 bid of $95,753.10.
b) Signal )blificatim, Vall00 PancwayjWolfe Road,
Project 5005.
It was IICYed by ca.mc. Kqpel, seoc:med by Counc. Goldman
am I?"'-ed ~y to award the ........1L<aet to laIendin
Electric for their low bid of $49,725 and ~ a 15%
cc:nt.in;Jency .
28. OCI'ISideratim of pràúbitinq parkin:J m SOenic
Boulevard.
(a) First readinq of 0l:dinarx1e No. 1534: "An
ordinance of the City Oouncil of the City of
QJpert:.im Amerxiin¡ Q¡apter 11.24.150 of the
QJpert:.im JtJn:it"!i[""l 0Jde ReJ.at.ing to stoppinq,
standin:;J or ~ m SOenic Boulevard."
It _ DK:Ned by Counc. Kqpel, seoc:med by Counc. s....... nn
and I?"'--ed unanbaJs1y to read ordinance No. 1534 by title
ŒÚY and the City ClerK's readinq to cxnrtitute the first
~ thereof.
29. 0r:nIideratia1 of selectim of 1."'t'L S .Lative frail west
valley Cities to the a....pticr. MIIra,. --1t; Authority.
(Mayor Jb]eI1:s) .
Mayor 1b}m:s stated that the matter of L"'t'L s_ILatim to
the a:.."..,stim Mana.r-....,It Authority will be ili""",19'S'ed at
the west Villley Mayor's Meeting'.
City Manager Brown stated that he s1:rcnlly NC' ..··-·ds tha.:
CUpertiIX> be the 1JIJe1'CY LqIL: !~I/tinq the West Valley m the
Congestim ~It Authority.
Mayor Rogers stated she wo.ùd be interested in doing it,
b.Jt she believes there are a ooople of others ..mo also
might.
-15-
1st reading of
Ord. l534
Congestion ~gmt.
Authority rep.
MTh'lJI'ES OF 'mE JUNE 18, 1990, REX>UIAR CITY <DJNCIL MEETn«;
(œ-792)
Mr. Viskalrid1 mentioned that this particular agercy can be
very i:ap:>rtant, because not only will they administer the
Ca1gestim Mar\agEmelIt Plan, t:AJt also they will probably
manage the Clean Air Act.
Mayor Rogers stated that the next meetin;J of the West
Valley Mayors will be M:::.nday, J\me 25, at 7:30 a.m.
ca.n::. Szabo stated that he felt that QJpertino shoold worX
to be l'"t-fL S Illative m the O....:P'Itim Mana."..-'-'It
Authority. He did wish to be L'"t-fL S _ILative, however he
feels that ~1"" he is seen as being fairly rrsw, he wculd
like to yield in favor of Bazbara KcgJel becal1se it is his
belief th4t she wculd do a good jcb, she oculd get people's
votes and she is Cl.LUIIIUy serving m the Transportatiat
n-om.i ....im.
Counc. Sorensen a.,µ,....d that serving m the Transportatim
n-om.i....im coùd be an asset and she expressed açjl.........../t
with Mr. Szabo's remarks.
Counc. Szabo said that he was willing to make a motim to
SI.'M' (l L BaJ:b Kqpel as West Valley representative to the
o...~ ~ ·--jL Authority.
Mayor Rogm:& ""'t.IL 11'ed that a motim was probably not
I""'" _eMY and that she, too, felt very ..LL....o,¡ly that the
L'"t-fL ! S d.ative shoold be trail 0Jpertin0 and if sentiment
was ..L<....o,¡, she wculd defer to Counc. KcgJel. She also
".....11II<Id that ca.n::. lfq:1pel walld defer to her if that were
ðWL,¥date, t:AJt that it was iDp:Irtant to keep it in
Q¡pert:.jn:).
ca.n::. Kqpel ~...ðl.
WRITIm caHJNICATIQIS
30. Mayor Rcgers asked if the nl"ll'll'lnUcatim received fran
Gerald Pugh shoold be plaoed m an agenja. '!be Mayor
directed that staff respad to the letter.
ORDINANCES
31. Seccn:i read:in;J and enactment of ordinance No. 1528:
"An Ordinance of the City Cameil of ~ City of
CJpertino Amendin;J sectiU'1 1 of Ordinance No. 2 By
Rez~ Approximately .9 Acres fran City of Q¡pertino
Rl-I0 Za1e to city of CUpertino Rl-7. 5 Za1e; Located on
Stellin;J Road North of Mc:Clel'..an Read (Sisk -
~licatim 5-Z-90)."
-16-
MINt1I'ES OF '!HE JUNE 18, 1990, R$UIAR Cl'IY <nJNCIL ME:ETIN:;
(œ-792)
It was JOCIVed by Counc. ~, secx:n:Jed by Came. Sorensen
and ~e"'ed ~ly to read Ordinan::e No. 1528 by title
only and the City ClerK's readinq to c::a'IStitute the seocn:i
readinq thereof.
It was JOCIVed by Counc. Kq:tJel, secx:n:Jed by Counc. Sorensen
and l"""o;1ed UJ1êIlÙJIIa sly to enact Ordinan::e No. 1528.
RESOIl1I'Iœs
32. Na1e.
~~b
33. oral l~Ls by staff -"~>e1:s.
Director of Public Works Viskr:wiå1 ~.,..;¡s'l!d Oouncil
reg2I%'di1YJ the n-o-..uty Center lan'I~ing. He infcmaed
thsa that the City will delay doinq any 1IDre laiJds. ""t.ing
until the fall and an article will be p1"<'ed in the
amertino Soene.
34. Update a1 status of dty Center O:IIplex, southeast
.......,...r of stevens Creek BoulevaJ:d and DeAnza Boulevazà.
City Manager Brown inf"""""( Oouncil that Mr. ~i~ has
.........~ any wcrk in regaxd to this item. It is anticipated
that there will be a ,,"~atia1 of pañdn;J a1 the 2.4 acre
parcel in August. He felt it 1Y"C"""'''''ry to leave c:ptiCl'lS
open.
Farokh n..~, CUpertino waterfall, thanked Mr. Cowan for
meeti.rç with 1Um in regaxd to hcusinq credits. He said
that he did find that a few were ayAil'lble. He inquized
ab:ut elderly credits beinq tumed into regular credits.
Mayor Rcgers inf,........i 1Um that Oouncil ñad not heard
anyt:hin;J regarclin;J that. 0 ....-·,L was made that this woold
require a General Plan ~It.
Mr. n..~ stated that he had heard the ("_1 R C'rmoni ttee was
talJdn} aba.tt: inc:reased density. '!he Pim Brothers were
allowed ilx:reased density for lC11i inccme hcusinq, ~ t.~
credits were never adcpt:ed for the b:n.1s density.
D:isn'''''ion followed regarding belClli market rate units,
density, and credits.
-17-
2nd reading of
Ord. 1528
Ord. l528
enacted
Community Center
landscaping
City Center
.
.
Legislative
Review Conun.
.
MINtJI'ES OF '!HE JUNE 18, 1990, REn.JIAR CI'IY O:XJNCIL Ì'JU¡~'.uÇ
(œ-792)
Mr. COWan explained that increased density was allCM1d for
acceptable þl.'-";LCUIa filling social needs. In that
instance, it was allowable to exceed the General Plan and
Za1inq ordinances. Mr. COWan will shcM Mr. [)(oBex> reoo1.dao
awrovinq this.
Mr. n..ÐQo stated that he is gettinq the ÍDp1Ø$Sim that all
of the credits will be pooled for devel,¥"""IL of the
tr1an;rle parcel in the c::œplex.
Paul Ilgenfritz said he had read about a ballot .-.o....n:e for
open EIpaOe and parks and requested that the City iJx:J.ude a
park in the City Center m the tr1an;rle in the .-.oaure. He
suggested pedestrian corridors to the park. He heard abwt
the Goals Calmittee and ilx:reased hcusinq in the City
cerlter and the Crœsroads Shqpinq center and said the City
does not think about pec.ple living in the areas. Mr.
Ilgenfritz stated that he hcped that Mr. Stiebel will give
a L"'i"'Lt. When asJr<>r! if he wanted to hear Mr. St"iebel'.
L"'i"'L t even tha.1gh BaDe residents of the City Omt:er
oœplex had been critical, Mr. Ilgentritz said he did.
~t he heard originally was bb-ð, I:AIt that oculd have
been d1im1ed. He asked what the ~. ,,:s9d ballot ......."'UrI!t
was about and hew it 10IaÙd ~. -:eed.
Mayor ~. stated that Oouncil peroeives a need to keep
CULL","l private I1!r..iI.o:dtim land as recreation land as it
t-> -.- available for sale.
Mr. Ilgenfritz requested that Oouncil bend a little and
include the triarçle parcel.
CD.INCIL ~~
37. Counc. Goldman - I.eqi.slative Review Calmittee - It was
DK:Ned by Counc. Szabo, seocnded by Came. Kqpel and
P'I",eed UJ1êIlÙJIIa sly to take the follCIIIII:Ù'XJ actiCl'lS
regardin] ~. ,,<e9d leqislatim:
~ SB 2443 ('l'ou=) , bindinq art>itratim, p---
officers and SB 2882 (Presley), no- and
low-prcperty-tax cities, p..~-sett.in;J reductim in
revenue transfer i'V"'9d m cities in Riverside
Coonty. Oouncil also direct:ed staff to _.....
ClWL....::iatim to Ass .~ .lyman QuacJœnb.Ish for his vote
q:posing AS 3458 (Friedman), attorneys fees, settlé.....dL
offers, and cxntinued their q:positim to this bil1.
-18-
MINtJl'ES OF TIlE Jù'NE 18, 1990, RÐ:>UIlIR CITY CXXJNCIL MŒl'DC
(œ-792)
Cameil was ~ S_ILed with an update frail the revenue
generatinq t'Y'ftWftittee.
At 11025 p.m., COI.:r¥::il adjourned to a Closed Session on
three itelœ: initiating litigatia1 regardinq a setback;
labor neyvLiatiCl'lS; and negoti.atiCl'lS for p.1Z'ålase, sale,
exd1arJ; e, or lease of real ~'¥"Lty.
At 12:20 a.m., Council reconvened in ~.r.
Came. PriEr 'IL:
Goldman, Kqpel, Sorensen, Szabo, Mayor Rogers
staff Pr=B' uL:
City Manager Brown
C!.ty ClerK CoJ:nelius
Director of rnm.núty D8Y8lcpœnt cowan
city Attorney Kilian
It was DK:Ned by 00UI1c. Kqpel, seoa.Jtal by Counc. Sorensen
and p"ee-' unanimc:usly to a¡:prcIII8 ðC'qI,i.,iticrl of the mobile
haDe at McClellan Ranà1 Park for $15,000.
It was IIICMiId by Counc. Su...... nn, s.xt.:Jo:d by Came. ~1
and p"e--' unanimc:usly to cUrec:t the Planninq staff to
follow the closed sessim""i .,im regardinq secc:n:i-stmy
adju..L...:.,L.
It was DK:Ned by Counc. ~, seoalded by Counc. Su......_en
and p"--eci ~y to cUrec:t staff to ~.....,.re
resolu""...iaw pertaininq to Cent SUpc-
visozy and City Atto:mey reo· ·..·-1datia1S and that no
resolutia1 be prepared for the cpratinq ErJPneers.
At 12:23 a.m., Council !ldjoumed to 5:30 p.m., JUne 21.
~4/,
City erK
-19-
Closed Session