CC 05-02-83
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CITY OF CUPERTINO, STATE OF CAL:!:FORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEE'lING OF THE CIty COUKICL
HELD ON HAY 2, 1983 IN THE CONFERENCE ROOM, CITY \!ALL
CUPERTINO, CALIFORNIA
Mayor Gatto called the meeting to order at 6:35 p.m. in the Conference
Room, City Hall.
ROLL CALL
Counc. Present:
Counc. Absent:
Johnson, Plungy, Rogers, Mayor Gatto
Sparks (National Guard)
Staff Present:
City Manager Quinlan
City Clerk Cornelius
INTERVIEW OF LIBRARY COMKISSION APPLICANTS
Council interviewed Iola L. Hendricsan, Bernard J. Furlong, Lois N.
Kershner and Julie E. Shields.
It was moved by Counc. Plungy, second~d by Counc. Johnson and passed
unanimously to appoint Julie E. Shields to fill the vaeancy on the
Library Commission.
At 6:55 p.m. Council adjourned and reconvened in Couneil Chamber at
7:0C p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present:
Counc. Absent:
Johnson, Plungy, Rogers, Mayor Gatto
Sparks (National Guard)
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director ot Planning and Development Sisk
Director of Parks and Recreation Dowling (left at
8:00 p.m.)
Director of Finance Snyder
Assistant to the City Manager Brown
City AL"o=ney Kilian
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Clerk's Report - It was moved by Counc. Rogers, seconded by Counc.
Johnson and passed unanimously to waive business license fees for the
Northwes~ Valley y's Men's Club for their pancake breakfast to be held
Saturday, May 7, 1983.
CC-608
Page 1
Julie Shields
appointed to
Library Com.
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CIJ8
P 1.
Legislative
Review Com.
actions
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MINUTES OF THE KAY 2, 1983 CITY COUNCIL MEETING
Council, by consensus, will submit no name to the IGC selection co~ttee.
Cû\JNCIL REPORTS
Legislative Review Collllllittee - It was moved by Coune. Plungy, seconded
by Coune. Johnson and passed unanimously to take the following actions
regarding pending legislation:
Support
AB 1873 (Seastrand), Fair ~ployment and Housing: Discimination Against
the Physically Handicapped - High Blood Pressure.
AB 504 (Vasconcellos), Funding for State Mandates.
SB 1232 (McCorquodale), Governmental Liability (Volunteers).
Oppose
SB 637 (McCorquodale), Local Public Agency Employer-Employee Relations.
SB 4043 (Dills), Restriction on Business License Taxation of Coin-
Operated Vending Machines and Video Game Machines.
SB 924 (Maddy), County Grand Jury Review of City Organization and Operations.
SB 142 (Ellis), Preemption of City Control of Signs.
AS 1597 (Costa), State Control of Housing Element Allocations.
Refer SB 111 and SB 888 to the Direetor of Public Works.
Direct the City Clerk to get a copy of AB 2084.
Refer to staff AB 1666.
By consensus, Council directed the City Manager to pursue the status of
the Central Firp Protection District Board.
CONSENT CALF.NDAR
Item No. 12 was removed from the agenda per staff request.
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to approve the balance of the Consent Calendar.
7. Resolution No. 6081: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Period Ending April 15, 1983."
8. Resolution No. 6086: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amourts and from the Funds as Hereinafter Described for Salaries
and Wages for the Payroll Period Ending April 19, 1983."
9. aesolution No. 6082: "A Resolution of the City Council of the City
of Cupertino Making its Order and Describing Boundaries for R~or-
ganization between Cupertino, San Jose and the County of Santa Clara
in Accordance with the District Reorganization Act of 1965 Without
a Public Hearing as Provided by Law; Approximatelv 3.11 Acres
Located on the Southwest Corner of Stevens Creek Boulevard and
Stern Avenue."
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
10. Resolution No. 6084: "A Resolution of the City Council of the
City of Cupertino Supporting the Application for Transportation
Development Act Grant Funds for Bicycle Detection project."
11. Resolution No. '085: "A Resolution of the City Council of the
City of Cuperti,no Approving Contract Change Order No. 1 for CIty
Hall Basemen~ ¥~ification Project 79-56, Concrete and Masonry
Work."
lZ. Removed from agenda.
13. Acceptance of municipal ilaprovements: Cupertino-Brown Investment
project on Bandley Drive extension, north end of Bandley south of
Mariani.
14. Request for waiver of bU1iness ~ieense fee, Greenpeace.
15. Minutes of the regular Council meeting of April 18, 1983. (CC-606
16. Minutes of the adjourned regular Council meeting of April 20, 1983
(CC-60 7)
Vote
AYES:
NOES:
ABSENT:
ABSTAIN
Members of the City Couneil
Johnson, Plungy, Rogers, Gatto
None
Sparks
None
ITEMS REK>VED FROM CONSENT CALEllDAR
17. None
ORAL COMKIJNICATIOIIS
18. Proclamation declaring May l'1.- '1 as "Public Works Week."
19. Proclamation declaring May 15-Z1 as ''Wellness Week."
ZOo Proclamation declaring May 22 as "Collll'lunity Awareness Fair Day at
Agnews. "
Z1. Proc1amationdecldcing May 5, 1983 as "Bike-to-Work Day."
Z'1.. Proclamation declaring May, 1983 as ''Youth Month."
The City Clerk will mail the proclamations to the appropriate parties.
Z3. Members of the audienee regarding matters not on the agenda.
Brad Krouskup, representative of Carl N. Sve'nson Co., read a letter
regarding the General Plan hearings and process for the record. He
stated that the lack of adopting a two tiered approach does ~ff~ct his
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CC-608
Page 3
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
use permit, particularly Condition No. 18. He requested that staff
members keep him informed regarding the General Plan hearings as the
proposed General Plan, if adopted, will affec~ his current use permit.
Coun~il directed staff to do this.
Hr. Bob Hockley stated that he wished to address Council regsrdlnl
the Kester item on the agenda.
PUBLIC HEARINGS
24. Consideration of enactment of a Hazardous Matt'rials Storale
Permit Ordinance. (Public Safety Commission requests continuance
to May 16, 1983.)
(a) First reading of Ordinance No. 1220: "An Ordinance of the
City of Cupertino Adding Chapter 9.12, Hazardous Materials
Storage, to the Cupertino Municipal Code."
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unanimously to continue the hearing to tÞe meeting of May 16, 1983.
The letter received from Mr. Collyer regarding double containers was
referred to the Public Safety Commission.
25. Consideration of annexation of property located on Baxter Avenue
in Cupertino's Urban Service Area.
(a)
Resolution No. 6083:
the City of Cupertino
daries for Annexation
82-03'."
"A Resolution of the City Council of
Making its Order and Describing Boun-
of the Area Designated 'Foothill Boulev rd
Director of Public Works Viskovich reviewed the agr~ement for annexatio
with Council.
Mrs. Karen Rice, one of the property owners involved in the proposed
annexati0n, stated that she did not voluntarily request annexation to
to City and did not support such annexation ar this time. She pre-
fcrred to live in either the County or the City of Los Altos. She
stated that she did not agree with the methods used for this annexa-
tion, and she had received a letter that requeste¿ a $110 annexation
fee. She stated that when she signed the annexation agreement, no
city's name had been filled in. It had not yet been deteruined whether
the property would be in Cupertino or Los Altos. She stated that it
had been developed in the County. With the Rices' signing of the agree
ment, CupertÜIO had abandoned a water easement and the '::ounty had
abandoned a portion of a street.
Mr. Jack J. Gilderoy. Jr., Creston Improvement Association, Inc. re-
quested that Council stop the annexation as it would seal off the
Creston area from Los Altos. He stated that the Los Altos vote regard-
ing annexing the Creston area had been advisory and was not binding.
CC-608
Page 4
Hazardous
Materials
Storage ord.
continued
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
He quebtioned the owner notification of the public hearing process and
whether or not this annexation qualified under AI 3003. Be questioned
the procedure used in the sphere of influence transfer and the noeification
of Karen Rice, property owner of Lot 45.
City Attorney Kilian informed him that the notice vas per the last
Assessor's rolls, and if Council makes the necessary findings, the annexa-
tion would qualify under AI 3003.
Mr. Gilderoy once again requested the Council not annex the property
and s~ated that if they do the matter would be pursued in the courts.
Mr. Marsh Gordon, Creston resident, asked questions regarding resolution
numbers. The City Attorney clarified this for Mr. Gordon. Mr. Gordon
stated he was opposed to this strip annexation as it will isolate 145
houses in the area. He stated this was the same argument Cupertino used
when Creston tried to annex to the City of Los Altos. He felt that the
proposed annexation was 001" ' step toward ann6xing all of the Creston
traet. He asked why the Cit~ would wish to annex them against their wishes.
He further stat~d that citizens should be aware of the thousands of dollars
used to annex Creston against their wishes, and if the area is annexed,
the City will get dissatisfied, unhappy people. Any cost incurred for
the annextion was merely a prelude to what would be spent in the future.
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Mr. Frank Depong, Creston resident, stated he is no longer a member of
the homeowners association but is a former president. He told ~ouncil
that people fear the City of Cup~rtino because of what it has seen in
the past. He felt the City uses bullying taetics that he really doesn't
connect with this community. He said that what was municipal right three
years ago now appears as municipal spite.
Tom Ileakley, Ainsworth and Starling, expressed concern regarding the
appearance of the entryway to the Creston area because of lack of
maintenance. He reque&ted that Council be aware of what it would be buying
into. He estimated thou~ands of dollars in maintenance costs inrluding a
wall from Foolhill to the homeowners' proprty, over 108 almond trees,
weeds, road resurfacing, and traffic safety improvements. He stated
that people exit 280 onto Foothill headin~ south at exce~sive speed.
In addition to previously stated costs, there are also so~e fir trees
thüt need topping as they are interfering with utilit ',nes.
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A resident of 22351 Starling Drive requested Council to clarifiy ita
moti~td for their persistent effort to annex Creston. She does not see
it as a benefit to the City. She felt that the proposed annexation is
an undermining of Constitutional rights. The speaker felt that voterB
should know the long range plans the City has for Creston. She asked
several questions including why is Cupertino determine<i to apnex Creston,
whac benefits would the annexation 0f Cr~ston ar~a brin~ to residents
of Cupertino, what costs are involv¿Ci., ....ilal t'ight does the Ci.ty have t.o
force annexation without consult_ing thf-::J.
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MLNUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
Mayor Gatto stated that Dot all annexationa are neceasarily economic-
ally advantageous to the City and that annexations occur based on a
Citywide policy. He also stated the spheres of influence ar~ determin
by LAlCO, not the City. Cities annex unincorporat!d areas within their
sphere of influence.
A Los Altos resident stated that tbe area bas been harassed by the
City of Cupertino. Cupertino bought the Manta Vista Water Co., and
this should be regulated by the Public Utilities Commission.
AI Hockley, Creston resident, stated that he felt the Council owed
the people of Cupertino an explanation of the financial impact of
annexation. He felt that the Council should explain to them what is in
it for Cupertino and what it will cost them. He stated that the pro-
posed annexation looks like a strip annexation; LAFCO was created to
prevent this type of thing. He stated that the people of Cupertino
have a right to know wby the City is spending this money. Good
planning does not have strips being annexed like the propos~~. He
suggested tbat Council put off consideration of this for 30 days to
allow time for a financial impact report.
Ray Shannon,president, West Cupertino Homeowners Association, asked
what benefit the proposed annexation would bring the City. He could
understand annexing undeveloped areas for control, but the area being
proposed for annexation is developed and the people don't want to live
in Cupertino. He asked what the return would be on the investment.
Mayor Gatto stated that Dot every annexation will be cost effective.
Otherwise, all residential areas would be in the County. Tbe Council
is considering a request for annexation and the statement that the
owner did not know whether annexation would occur with Los Altos or
Cupertino would be taken into consideration. Should anyone else in the
area request annexation, Council would consider that also.
Karen Rice stated that she did not request annexation but had signed
an agreement with blanks where the name of the city would be filled in.
At the time of her signature her property was in the Los Altos sphere
of influence. Tberefore annexation would have occurred with Los
Altos. She expressed distress regarding the tactics u.ed by the City.
She stated that a person in the Public Works office had told her that
once her property were annexed to the City, the rest of Cn'gton would
probably be annexed with lZ months. She felt that individuals and
homeowners had béen treated poorly and she was protesting 0' behalf
of her ~eighbors as well as herself. She reiterated that it was her
underst'~nding when she signed the docU'nent that she would be annexed
:0 Lvs Altos. She did not feel that by acceptinp: Cupertino Water she
was agreeing to annex to the City of Cupertino. She stated that her
husband had handled the dealings with the County.
Upon being asked if in his opinion the City has a legal agreement, the
City Attorney stated that this agreement must be viewed in light of
all agreements. He stated that the property owners knew that annexa-
tion to Cupertino was a possibility. The Rices did take advantage of
CC-608
Page 6
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Page 7
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MIllUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
the benefits of the agreemenc. Mr. Kilian pointed out the estoppel
clause in the agreement which meaDS that the signators cannot just accept
the benfits provided.
Jack Gilderoy stated that he had spoken with the homeowners' attorneys
reg4rding the agreement. Mr. Gilderoy said that their attorney, Mr.
Robert Saxe, said this was a non-binding agreement, especially 9ince
it had not been filled out correctly. Mr. Saxe had, according to Mr.
Gilderoy, helped prepare the agreement form originally, and it was
hastily drafted and never used by LAFCO.
Karen Rice stated that the agreement had never been recorded and did
not belleve she would have s~gned the document if she had felt she would
be annexed to the City of Cupertino. The City Attorney asked if that
means she would not have accepted the subdivision and the City could
merge the lots again. Ms. Rice replied that could not be done as her
former husband has received a lot in the divorce.
Director of Public Works Viskovich stated that the agreement is recorded.
Al P~ckley, Creston, said that Mr. Saxe had previously been an attorney for
the County. He stated Mr. Saxe had told the Creston residents that when
the form agreement had been drawn up, everyone realized it was noC a
reasor-ably fair and legal document, so no agency uses it. He stated
it is his understanding that the Cupertino Wate~ Co. serves areas outside
the Cupertino City limits, and therefo=e, it is a public utility not a
municipal utility. The City could not withhold water from someone outside
the City limits.
Marsh Go=don, Creston Drive, stated that in the official records, Book
2020, Page 188, a water agreement was filed between the Monta Vista
Water Works and those of the area in which he lives. This agreement says
that water would be provided to every part and parcel of chat area from
now on and, that the terms and conditions of that agency shall bind its
successors. Therefore, the area shall be provided with water.
Director of Public Works Viskovich stated that ~nndition applied if
there is already a meter, but it does not apply under the new policy.
Counc. Plungy moved to close the public hearing. The motion died for
lack of a second.
K.~ren Rice asked if any Councilmember <:ould ,.tate that only her lot and
her neighbor's lot would be annexed and nut more of Creston.
Coanc. Plungy stated tt.at as far as he was concerned it was only those
two parcels.
Discussion followed reRarding the change of address. Ms. Rice was informed
that that would be up to the post office.
The City Attorney stated that according to pre8ent law Creston could not
be annexed if there were sufficient protedts of the property owners in
the area.
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
Karen Rice stated that she signed the agreement only because if sbe had
not done so sbe would not have received water.
City Attorney Kilian said that this annexation
the property owner, but an action of Council.
the annexation and did not request it.
is not a request fro.
Ms. Rice consented to
Tom Weakley, Starling and Ainswortb, requested financial impact infor-
mation. He questioned the legality of the use of water to get people
to sign away property rights. He requested that tbe finance researcb
be done prior to annexation.
It was moved by Counc. Plungy, seconded by Coune. Rogers and passed
unanimously to close the public hearing.
Counc. Johnson stated that he had no desire to consider the annexation
of Creston area as a whole.
Counc. Rogers stated that she felt the same, and even if Council did
ùesire to do so with more than 51% of tbe property owners opposed , it
could not happen.
Mayor Gatto stated that only two lota were being considered and they
would not have been considered for annexation had not the agreement
been signed. He stated that after hearing more information regarding
that agreement, he had doubts about ita validity. He stated that a
person sho~ld have the right to annex to a city but had doubts concern-
ing the property owner's desire to annex to Cupertino. It was stated
that the City had waited to consider this annexation after the owners
signing the agreement because of the question of sphere of influence.
Counc. Rogers stated that the Riees have benefitted from the agreement,
and it was now time for them to be annexed.
It was moved by Counc. Johnson, seconded by Counc. Rogers and passed
with Mayor Gatto dissenting and Counc. Sparks absent to adopt Res-
olution No. 6083 annexing the area designated "Foothill Boulevard 82-03'
subject to findings as per the resolution.
PLANNING Þ~PLICATIONS
26. None
ARCilITECTURAL AND SIn APPROVAL COMMITTEE APPLICATIONS
27. None
UNFINISHED BUSINESS
28. None
NEW BUSINESS
29. Report regarding dumping violations on the Kester property and
consideration of initiating a hearing regardiug the abandoned
build 1ng.
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CC-608
Page 8
Public hearing
closed
Res. No. 6083
adopted
.
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Res. No. 6088
adopted
Annual Finan-
cial Report
accepted
Unemployment
1nsurance
claims
.
Contract to
Paeif ic Unde~
grout.d
Plans and
specs for
sidewalk,
curb and
gutter
Plans and
specs for
water line
installation
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
It was moved by Counc. Johnson. seconded by Counc. Rogers and passed
unanimously to adopt Resolution Ro. 6088, "A Resolution of the City
Council of the City of CuperUno Delcaring its Intent to Conduct a
Public Hearing Concerning the Abandoned Building at 22370 McClellan
Road." The resolution sets June 6 a8 the date for hearing regarding
the abandoned building on the Kester property.
30. Acceptance of Annual Fiaancial Report. June 30, 1982.
Director of Finance Snyder answered questions of Council regarding the
Annual Financial Report. A representative from Main Hurdman was also
available to aDswer any questions.
It was moved by Counc. Plungy, seconaed by Counc. JOhnSOD and passed
unanimously to accept the report.
31. Request for appropriation of $I,OOO for unemployment insurance
claims benefits.
It was moved by CoUDC. Plungy, seconded by Counc. Rogers and passed
unanimously to appropriate $1,000 from the Unemployment Trust Fund for
unemployment insurance claias and benefits.
32. Report on bid opening, Imperial Avneue Storm Drain/Stevens Creek
Pipeline Relocation. Phase II, Project 81-25, and award or contraet.
It wa3 moved by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to award the contract for Imperial Avenue Storm Drain/
Stevens Creek Pipeline Relocation, Phase II, Projeet 81-25, to Pacific
Underground Construction in the amount of $87,830.70 based on the lowest
bid received.
33. Request for consultant serviees for design of sidewalk, curb and
gutter - Bollinger Road from Alderbrook Lane to Blaney Avenue.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to authorize staff to contract for preparation of plans
and specifications for the Bollinger Road Sidewalk Installation Project.
34. Request for consultant services for design of waterline installa-
tion - various locations.
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to authorize staff to contract for preparation of plans
and specifications for the design of water li~e installation in various
locations.
WIlITTEN COMMUNICATIONS
35 . None
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MINUTES OF THE MAY 2, 1983 CITY COUNCIL MEETING
ORDIIlANCES
36. Second reading of Ordinance No. 1221: "An Ordinance of the Cit,.
of Cupertino Amending Section 11.24.150 of the Cupertiao MUaicipel
Code, Relating to Stoppiag, Standing or Parking on (Old) 11_,.
Avenue. "
It was moved by Counc. Plungy, seconded by Couac. Rogers and paned
unanimously to read Ordinance NO. 1221 by title only and the City
Clerk's readiag to constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1221.
RESOLUTIONS
37. Resolution No. 6076: "A Resolution of the City Council of the
City of Cupertino Rescinding Resolution No. 5913; Authorizing
Execution of Agreement between the City of San Jose and the City
of Cupertiao for Sharing of Costs for Modification of Traffic
Signals at De Anza Boulevard and Bollinger Road."
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to adopt Resolution No. 6076.
It was moved by Counè. Rogers, seconded by Counc. Plungy and passed
unaimously to reconsider adoption of Resolution No. 6076.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to continue'this item to' the meeting 'of Hay 16,1983.
NON-AGENDA BUSINESS - None
At 8:45 p.m., Council adjourned to the Conference Room for a closed
session.
At 9:15 p.m, Council reconvened in Council Chamber. All Councilmembers
(except Sparks) were present, as were City Manager Quinlan, Cit Clerk
Cornelius and City Attorney Kilian.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to direct staff to proceed with the administrative process
regarding an EEOC mat ter.
,~t 9 :20 p.m.. the meeting was adjourned.
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CC-608
Page 10
Second reading
of Ord. No.
1221
Ord. l221
enacted
Res. No. 6076
adopted
Res. No. 6076
reconsidered
Res. No. ('J76
continued
EEOC matter