CC 03-04-85
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CITY OF CUPBRTIRO. STATE or CALIP'ORIU
10300 Torre Avenue, CUpertiDo. CA 95014
Telephone: (408) 252-4505
HINUTES OF TIll RBGULAJI HBBTIHO OF TIIB CIn COUIICIL
HELD ON MARCH II. 1985 III THB COUICIL CBAMBBR. CITr BALL
CUPBRTIHO. CALIFORIU
Mayor Johnson called the _ting to order at 6145 p... in
the Counoil Chaaber. City Ball.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present I
Johnson
Gatto, Plungy. Rogers, Sparks, Mayor
Statt Present:
City Manager Quinlan
City Clerk Cornelius
Director or Publio Works Viskovioh
Direotor or Planning and Develo¡IIHDt S1sk
Direotor or Finanoe Sll7der (1110 p.II.)
Assistant to the City Manager Brown (1100 p...)
ec-unity Urairs Officer Blaokburn
City Attorney Kilian
POSTPOICEHEtITS OR REV &GERDA ITEMS
Counoil removed It_ No. 11 troll the agenda and stated that
Iteas 21 and 23 would be beard at this _ting.
Ray Rooker. aroh1teot. addressed Counoil regarding those
applications.
It was !lOved by Couno. Sparks. seooaded by Couno. Rogers and
passed unan1llOus17 to I'8Ove It_ 21 and 23 troll the
calendar and at such tiae as they 00II8 back to Counoil. they
will be re-notioed.
Steve rleatman. 10111 E. Estates Drive. requested that
Counoil announoe later in the _ting that those two itema
hed been postponed as he expected other peoPle interested in
that aatter to attend the _ting. Be also requested
written notice when these applications were to be beard.
STAFF REPORTS
1. OAI reports by start _bers and subl1ssion ot written
reports.
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--"...,..;.*
Item rea.;.....:
Items relDOved
.
.
De Anza Diat.
Board Meeting
Punitive damage
proposal
Item continued
Ray Rooker
resignation
from ASAC
.p=ogram
Treasurer'r
report
Warrant service
costs
Legislative
Review
.
~ OF THE MARCH II, 1985 CITY COUIICIL 'IŒE'1'IIIG (CC-666)
C1 ty ",,_Iter's Reøort
CouDoillFoothill-De Anza Distriot Board HeetinS B.r
ooosensus Counoil reoo_nded a breakfast ..etinS tor
Tuesday, April 9.
Punitiye Duale Proposal - It was IIIOYed by Couno. Rosers,
seoonded by Couno. Plungy and passed ,,,,..nt-ual1 to support
tbe reaolutioo at the City at El ttmte.
Counoil oontinued Iteaa No. 29(b) to Maroh 18, 1985.
City Clerk's Report
Resignation troll Architeotural & Site Approyal CoIIIIittee -
It was moved by Couno. Gatto, seoonded by Couno. Rogers and
passed unan1llouslY to accept the resignation at Ray Rooker
etteotive ~1ately.
Counoil direoted that applications tor the position be
aooepted until April 30. Counoil will oonduot interviews
May 6.
BHR ProKl"lUl - It was DIOved by Counc. Gatto, seoooded by
Counc. Plungy aDd passed unan1llously that statt prepare the
aoope ot work and cost estimate tor CODsultant(s) to oolleot
data ''ØgardinS aedian household inoOlll8 ot persona ellPloyed
in CI'.pertino but not to prepare an ordinance.
!!:!!surer's Report - B.r CODsensus, Council requested that
"and as turther delineated in AppendiX A" be added to It.
IV.
2. Report 00 Sheritt DepartMnt's warrant service oosta,
1983-811 tiscal year.
It was IIIOved by Couno. Plungy, seoonded by Couno. Rogers and
passed unan1llousl1 to ooncur with the 1985-86 SOlal'tc;;,ai.ion
tor servioes ot delivery ot warrants with the stipulatioo
that the City Dot be oharged tor these services clurinS
19811-85.
COUlfCIL REPORTS
5. Couno. Plungy - Legislative Review ec-1ttee - It was
DIOv6d by Couno. Plungy, SeoOL ded by Couno. Rogers aDd passed
unanillously to take the toll·JlfinS action regarding pending
leg1slatioDI Oppose AB 512 (FloyC:), UDioo yeto ot PDS
contraot amendments; AB 5611 (O'Connell), workers'
cOlDpensation, cancer presumptions tor peace ottioere; AB 190
(Floyd) and AD 525 (W. Brown), IllaDdatory peace otticer time
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H.Lllu~&S OF THE MARCH II, 1985 CITY COUIICIL MDTI1IG (CC-666)
bankJ AB 268 (Waters), mandatol"f persoanel rules and
regulations tor volunteer tire departllentsJ SB 276,
_traots. Support AB 115 (oonsol1c1atico ot LAPCO laws. No
aotiCCl CD SB 198 (Montoya), probibitlCO ot transient
ocoupanoy taxatiCD co tille-share units. Get copy of SB 286
(Illis), local regulation of s1gna. Counoil requested that
a taot sheet regarding use of revenue sharing and CDBG funds
be prepared and subal1tted to t'- and the League of
California Cities.
7. Couno. Sparks - Counoil requested inforll8tion regarding
the Housing Authority funotion, tee lIOhedul,' and souroe of
tees as related to the City's Below Market \I¡'te Program and
the Mot"tgage Revenue Bond Progr8ll.
CONSENT CALENDAR
It was IIIOved by Couno. Gatto, seconded by Couno. Plungy and
passed unan1lloualy to approve the Consent Calendar.
8. Resolution No. 65161 "A Resolutico of the City Counoil
of the City of CUpertino Allov1n¡ Certain Claims and
Demands Payable in the Amounts and FroIa the Funds as
Rerelnatter Desoribed tor General and Misoellaneous
Expenditures tor the Period Ending Februal"f 15, 198!' "
9. Resolution No. 6517: "A Resolutico of the City Counoil
ot the City of cupertino Allov1n¡ Certain Claims and
1)--""11 Payable in the Jaounts and t'roIa the Funds as
Rere1natter Desoribed for Salaries and Wages for the
Payroll Period Ending February 19, 1985."
10. Aooeptanoe ot munioipal iIIProv_ts:
(No supporting dOOUlll8nts required.)
Franoo Court.
¡1. RØIIIOved _ Resolution No. 651S, "A Resolution of the
City Counoil of the City of CUpertino Declaring
Intention to Order Vaoation ot a Portico of Ol1ve Avenue
Located between Imperial Avenue and Pasadens Avenue as
Provided in Section 8320 It Seq. ot the Streets and
II1gbways Code of the State of california, FiXing Tille
and Place for Publio Bearing and Providing tor IIotioe
Thereof. "
12. Resolution No. 6519: "A RIosolutico ot the City Counoil
ot tbe City of CUpertino Approv1ng Contraot Chant;e Order
No. 2 for Regnart Road Repair Project 84-07 and
Authorizing Appropriation."
Consent calen-
dar approved
13. Hinutall of the adjourned regular meeting of February 25,
1985 (cc-665A). ~
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.
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Mitchell
false alarms
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MIHUTES OF THE MARCH II, 1985 CITr COUNCIL MBBTIJIO <cc-666)
ITBHS RBK>'ßD FJI(Jf CONSBIIT CALENDAR
111.
ORAL CCHroIIICATIOIIS
15. Proclaaation declaring the week ot March 16-211 as wAa1aD
Beritase 1IeeIt.w
The Cit) Clerk will a11 the proolamation.
16. Proclaaation honoring March, 1985 as Camp Fire's 15th
birthday.
The City Clerk will ail the proolamation.
17. Proolaaation declaring the week ot Maroh 3-9, 1985 as
wAlerioan Assooiation ot university Women Week.w
Couno. Rogers aooepted the proclamaticn
organ1zat1on's behalt.
the
on
18. Proclamat10n deolaring March 8_18, 1985 as wD1&111011ds tor
the Lady Week.w
La)'ne Ph1llips, President ot the Jayoees, accepted the
proolaaat10n. Mayor Jobnaon purohased the first oan ot
allloDds.
19. Members or the audienoe regarding atters not on the
agenda.
lCen Mitchell ot Mi1;cheU Bros. Auto Parts addressed Counoil
regarding charges tor talse alarllS. Be requested an
adjuatt.ent ot these charges.
It vas IIOVed by Cauno. Gatto, seconded by Cauno. Plung and
passed ......"1_ual1 that Mr. Mitchell go througb the regular
appeal process and that the Direo":.r or Finance go baok to
the _11 olailla coUJ't reque&".1ng that they continue the
1tea in order to allow this appeal prooess to occur.
PUBLIC IlBARIIOS
Mayor Johnson announced that Items 21 and 23 had been
removed rrc. the agenda.
20. Appeal ot Planning ec-1ss1on approval ot a revis10n ot
AppUcation 15-U-68, CUpertino Hills Sria and Racquet
Club, to allow construct1on or an activity center.
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MDIUTES or THE MARCH II, 1985 CITY COUIfCIL Kì'.ITIIfO (cc-666)
Director ot Plannin8 and Development Sisk preaented exhibits
shoving the location ot the site and the proposed site
plan. lie answered questions rro. Counoil.
Maro ß1nes. attorney representin8 Mr. BYul1oh. requested
that counoil at least consider a oondition stating a t1llle
tor review so it any probleu do COIle up the appellant would
have the opportunity to present tbell to Counoil tor review.
Ray BYul1ch representing his father, the appellant, si;ated
that the proposed enterta1nllent center will r;ot be
enclosed. He stated that only the barbecue area haa a top.
He asked who would monitor the noise level and objellted to
the location proposed tor the activity center.
þ
Howard Horse, President ot the CUpertino Hills ::!will and
Racquet Club. reviewed the activities ot the club. He
stated that the proposed buildin8 is not an entertainment
center. He intor'lled Council that it wouId OIIly be a Slll8ll
area and that larger meetings and events are held ott site
and will continue to be so. lie stated that the group had
looked at other locations OD the property but this was the
best site as it does not break up usable spaoe.
Cindy Mahoney ot the olub presented slides to Counoil
showing the area. She stated that the group had met with
Mr. BYul1ch and agreed to extend the tence separating the
properties and make it ODe toot higher. She intormed
Council that the barbecue would be removed and no
trespassing signs would be posted so tennis Players will not
go over the tence to retrieve balls. She stated that the
club has tried to eatist'y both the City and the neighbors.
Frank Swanson. resident aoross rro. the tennis club on Linda
Vista Drive, Lot 51. subm1tted a petition in support ot the
club and the proposed site ot the building.
Warren Whaley answered questions rro. Council.
It was moved by Couno. Gatto aDd seconded by Counc. Sparks
to close the publio hearing.
Mr. BYul1ch requested that Council review the photos
previously subm1tted and note that the trees are not
maintained. He requested that the building be put on the
site at a lower level.
The motion to close the publ1c hearing was adopted
unanillously .
þ
The City Attorney intormed Counoil that they can reJect,
confirm or mooit'y the action ot the Planning Collllll1soion.
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15-U-68
appeal den1ed
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KIHUTBS OF TIlE MIlCH ", 1985 CITY COUlICIL MATiIIU (cc-666)
It was IDOVed by Couno. Gatto, S80OI1ded by Couno. Sparks and
passed unanfJloualY to d~ tile appeal with the t1nd1np that
sateguards bad been taken regarding sound atteDuatiOD.
21. ApPlication 10_Z-8" ot Miohael Weber and Fred Miohaudl
Rezonin¡ approX1aatelY .51 gross aores fro. R1-7.5
(Res1dutial s1ll8le-tuilY, 7,500 sq. ft. II1nÜIUII lot
size) zone to P (PlaDDed Developaent with ottioe,
CoIBero1al and Residential intent) zone and
EDviro_tal Reviwl The Planning ea.uSS1OD
reo~nds the grantinS ot a Øegat1ve Declaration. The
subjeot property 18 located 011 the southwest corner ot
Miller Avenue and Richwood Dr1ve. RecOlaended tor
denial. This application to be heard in conjunotion
with Application 21-U-8". (Continued t'roIa February II,
1985.)
21. (a) First readinS ot Ordinance 110. 12981 "An Ordinanoe
ot the City ot Cupertino Amending Section 1 ot
Ordinanoe 110. 2 by Rezoning Approximately .51 AOres
traI R1-7. 5 Zone to P Zone; Located OD the
Southwest Corner ot Miller Avenue and Richwood
Drive."
RlIIDOved tl'Oll calendar.
22. Application 3-Z-8S ot Dr. \[ennetb Fr."81'dakis (í)e Anza
Pretessional Center), Rezoning approximatelY 1.7 gross
aores tI'OII CO (General ec-eroial) zone to P (Planned
DeveloPMnt with o_roial and ottice use intent) zone
Uld EDviro_tal Review I 'lbe Planning r.oa.1ssion
racolllllends tile grantinS ot a Øegative DeclaratiOD. The
subject property 18 located on tile west aide ot De Anza
Boulevard approXillatelY 1150 ft. south ot McClellUl
Road. RecOlaended tor approval. 'lbia application to be
heard in oODjunotiOD with Application 5-U-85.
(a>
Firat readinS ot Ordinanoe 110. 12991 WAn Ord1!lanoe
ot the City ot Cupertino J8ending Section 1 or
Ordinanoe 110. 2 by RezoninS ApproXimatelY 1.7 Groaa
Acres from CO Zone to P Zone; Locatdd on the West
Side or De Anza Boulevard ApproXimatelY 1150 Ft.
South or McClellUl Road."
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t.:-.JUTES OF THE HAltCH 4, 1985 CITY COUNCIL MEETIICG (CC-666)
PLANNIICG APPLICATIONS
21¡. APPllcation 5-U-85 ot Dr. lenneth FrallvdaJc1a (De Anza
Pratessional Center h Use Penit to oonatMMlt . 6,600
sq. ft. second story .Addition to an ex1st1DS 17,000 sq.
ft. s1Dgle-story oftice build1DS and BDYirOtlo.o6..tal
Revievl The Planning eo.1aaion reo~da the þ'8Dt1DS
ot a tlegative Declaration. Tbe subject Property 18
located on the west side ot De Ansa Boulevard
approX1Mtel1 450 tt. south ot MoClel1aa Road.
Rec~ended t'Jr approval. '1'b1s application to be beard
in oonjunotion with Application 3-Z-85.
Ray Rooker, architect ot the project, reviewed the site
plan, FARa, the height ot the building and ooncern tor
privaoy.
Director of Planning and Develo )lDel1t Sisk stated that
Condition 27 could be amended to read, "unless adjacent
property ill rezoned tor cOllllercial use."
It was moved by Couno. Sparka, seconded by Couno. Plunø and
passed unanimously to close the publio bearing.
It was IDOVed by Counc. Sparka and seconded by Couno. Rogers
to grant a Negative Declaration tor Application 3-Z-85.
Clara Waltrip, adjaoent property owner, stated that she
vants the vall OOllpletely along her property line. Sbe was
intOI"lled it will go all the vay to the street as long as the
property is zoned residential.
The IIOtion to g:oant the tlegative Declaration vas passed
,m,," i-usly .
It was IIOved by Couno. Sparka, seconded by Counc. Gatto and
passed unan1Jllousl1 to appro.. Application 3-Z-85 per
Planning eo.1aaion Resolution Ro. 2605.
It was IDOVed by Couno. Plunø, aeoonded by CoIIDO. Rogera and
passed unan1Jllously to read Or41nanoe Ro. 1299 by title ODly
and the City Clerk's read1DS to oonstitute the tirst read1DS
thereot.
It vas IDOVed by Couno. Rogers, seconded by Couno. Plunø and
passed unaniJllousl1 to grant a llegative Deolaration tor
Application 5-U-85.
It vas IDOved by Counc. Rogers, secODded by Couno. Plu:tgy and
passed unanimousl1 to approve Application 5-U-85 per
Planning Commission Resolution No. 2606 with Condition 22
amended to read 36 tt. rather than 38 ft. Condition 27 will
remain as submitted. Should the adjacent property change
ZOnings, this applicant can request a change ot condition.
_7_
Public hearing
closed
Negative Dec.
for 3-Z-85
J-Z-85 approved
First reading
of Ord. 1299
Negative Dec.
for 5-U-85
5-U-85
approved
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Appointment to
BCD Co_ittee
continued
Progra_ing
survey auth-
orized
.
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MIIUtIS OF TIΠMA1ICB II, 1985 CIn COUNCIL MIB1'ItfO (CC-666)
23. Application 21-U-811 ot Michael Weber aDd Fred Michaud I
Use PeNit to expaDd lID u1at1Da a1Dale-atol'1 ottio..
builcUIII to a tvo-atol'1 oUlce buJ.ld1D¡ with 18,800 sq.
n. aDd In,,lrOdodtltal Re"lewl The PJ.""'''I eo.1aalon
reoc-Wenda the 81'11Dt1.n.,¡ ot a Keptl"e Deolal'ation. The
aubJect propel'ty 18 located on the southweat OOl'Der ot
Miller A"IIDWI aDd Riobvood Dr1"e. RecOlDended tor
dllD1a1. 'rh1a applioatiCID to be heard in oonJunotion
with Application 10_Z_811. (cœtinUed t'rora Febl'Ual'1 II,
1985.)
Re.o"ed troll oalendlil'.
ARCHITBCTUIW. AND SITE APPROVAL C<HfITTEB APPLICATIONS
25. Rone.
UNFINISHED BUSIICESS
26. lone.
JCEV BUSIICESS
27. Appointment to Bouaing & COaIIIunity De"elopment Citizens
Ad"l8OI'1 COaIII1 t tee.
As there was no ~dation at this time, it was lDO"ed b7
Couno. Plungy, aeconded b7 Couno. Rogers and paaaed
tlftR"t-lJal1 to continue this lta to the Meting ot Mll'ob
18, 1985.
28. IeYlew ot Go,,_t Aooeaa Channel, cable tele,,1s1on
obaIInel 30.
ec-unJ.ty Attaire Otticel' BlaokbUI'D re"lewed bel' report with
Counoil. Counoil auggested that atatt look into the oost ot
autœatio PI'O&I""-'''I tal' rel'UDS. Other suggestions
re&arod1D& progl'allll were a Parolca and Recrea tiCID IIODthl1
progrou, a progl'Sll aboIr1ng vbat is going CID in City
de~ts and a b1stol'] ot Slater C1ty prograa. It vas
suggested thet a aUl"ley be done at a later t1lle ot United
subsol'1bere only and prograa ~dationa COllIe back aReI'
that aUl"ley¡ however, the results ot the tirst sUl"ley should
be prepared prior to a second SUl'Yey.
It was IIOved b7 Cou:¡c. Gatto, seconded by Counc. Rogers and
passed with Mayor JohDaoo abstaining to authorize the statt
to proceed with a SUl'Yey after the present survey ls
cOllplete and to bring the results ot both sUI"Ieys to Council
with reoommendations on programming and incre&s1D¡
viewerebip.
_8_
MDIUTBS or THB MARCH II, 1985 cm COUIfCIL tsuTJ./IU (cc-666)
It vas mved by Couno. Gatto, seooDde4 by Couno. Rosers aDd
palled with MaJor Jotmaoa abataini"s to appl"Qpriata up to
.6,000 troa the General Fund to start. prosr--f"S ~__
review aDd/or Mayor's call-in troa the present t1M to July.
Counoil requested that ~gen01 mlabers be added to the
oharaoter senerator int"l'IIation.
It vas mved by Couno. Gatto, seconded ty Couno. Sparka and
passed with Hl.yor Johnson absbinfng tor statt to prepare
the 1985/86 tiscal year budget tor government aooess obannel
baaed on .100,000.
29. Report on bid open1ng and award ot oontraotsl
(a> Footbill Boulevard and Stevens Creek Boulevard
trattic signal, Project 80-15.
It was IIOVed by Couno. Rogers, seconded by Couno. Sparka az¡d
passed unan1llously to award the contract to GAB eoastruotiOD
tor .911,819 and to appropriate $1,000 troll Revenue SbarillS.
(b) Subdivision improv_ts - Hoover and JollJIIaD.
1bia itell bad been oontinued to Maroh 18, 1985.
30. ~ . Cross Coapla1nt tor ind8llll1itYI Georp S.
Nolte' Aaaooiates.
Counoil received the report.
31. Su.ons . Cross Coapla1Dt tor 1nd8llD1tYI George S.
Nolte . Assooiates.
Counoil received the report.
32. Request tor appropriatiOD troll publio aooess cable
television tund.
It vas IIOVed by Couno. Pl\IIISY, aeoODded by Couno. Rogers and
paaaed unan1llously to appropriate .3,955 troaa the Publio TV
Fund and to autborize paJlMDt.
WRITTEN C<HmHICATIOIIS
33. lCone.
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Appropriation
for agenda
review and
Mayor's call-in
J!IIergency nos.
Budget for
govt. acces&
Contract to
GAB Constr.
Item continued
Appropriation
.
Second reading
of Ord. 1302
Ord. l302
enacted
Second reading
of Ord. l30J
_ l30J
enacted
Representative
on BMR Com.
f~om financial
8f:.:tor
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MDIIJTBS or THE MARCH II, 1985 CITY COOHCIL 1uiA"I.lIN (CC-666)
ORDIIAlCCES
311. Secood readiDS ot Ordinance Ro. 13021 "AD Ordinanoe ot
the City ot CUpert1.DO A1IeDdiDS SectiOl1 11.2".150 ot the
CUpertino Munioipal Code to Prohibit StoppiDS, Stand1D8
or Parking on Rainbow Drive."
It was 80ved by Couno. Plungy, seconded by Couno. Rogers and
pass8't unanillouslY to read Ordinanoe Ro. 1302 by title only
and the City Clerk's reading to constitute the secOl1d
readiDS thereot.
It was moved by Couno. Gatto, second&? by Couno. Rogers and
passed unanillously to enaot Ordinanoe Ro. 1302.
35. Second reading ot Ordinance No. 13031 "An Ordinanoe ot
the City ot Cupertino Amending Chapter 3.08 ot the
Cupertino Munioipal Code, Sales and Use Tax."
It was moved by Couno. Plungy, seconded by Couno. Rogers and
passed unan1lllously to read Ordinanoe Ro. 1303 by title OI1ly
and the City Clerk's reading to oonstitute the second
reading thereot.
It was moved by Couno. Gatto, seconded by Couno. Rogers and
passed unanillouslY to enaot Ordinance Ro. 1303.
RESOLUTIONS
36. Rone.
1C0Jl-AGERDA BUSIRESS
37. Reoognition by _or ot special requests.
Direotor ot P1.""f'1l and Develo¡aent Sisk stated that the
representative troa the tinafto1a1 o~ty serving on the
BMR Subo~ttee was DO longer able to serve. By consensus
Counoil requested a reo- udation tI'oa the Challber ot
co-erce tor a representative troll the tinanoial seotor to
be appointed.
(a) General Audienoe.
(b) City Counoil.
Counc. Sparks inquired reprdi4g gratti ti on the wall in the
shopping center on De Anza Boulevard and asked regarding
striping on Tiptoe Lane and patohing on Stevens Creek
Boulevard between Portal and Blaney.
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MDIUTES or 1'IIB M&RCH II, 1985 cra COUHCIL MuT.1IIII <cc-666)
CI'{)'~ SBSSIOI
It vas m'nId by CouDo. Gatto, aeooDCIed by Couno. JoImson and
paued v1tb CouDo. Bosel'll dl...t1DS to d1reot . letter be
aeot to Deput1 Cb1et CouD8el ot leagan-Buab 811 Iltat1DS that
the City had received h1a pbcme call, bowever, we would like
a written repl1.
The -tillS vas edjourned at 9151 p.lI.
£éf~
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Reagan-Busb 84