CC 10-03-77
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MItr'1l'IS OF THE ~ MBlTING OF THE CITY COUBCIL
IIELD ON OCTOIID 3. 1977, IN THE CO\J1lCIL CIWIIIER, CITY BALL
œPEltTINO, CALIFORNIA
SALUTE TO THE FLAG
The Mayor ca:led tbe .eeting to order at 7:35 in the ~uncil Chamber of
City Hall.
ROLL CALL
Counc. Present: Jackson, Meyers, Nellis, O'Keefe, Kayor Frolich
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of Public Works Viskovich
Assistant City Attorney Kilian
CONSENT CALENDAR
Items 4, 7 and 8 of the Consent Calendar were removed as requested. It
was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan-
imously to approve the Consent Calendar.
1. Resolution No. 4564: "I, Resolution of the City Council of the City 0
Cupertino Allowing Certain Claims and Demands Payable in the Amount
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending September 19,
1977. "
2. Resoluticn No. 4565: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amoun
a~d from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending September 26,
1977. "
3. Resolution No. 4567: "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 Salaries and
Wages for the Payroll Period Ending September 27, 1977."
5. Resolution No. 4570: nA Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Orange Avenue
Water Main Extension Project 77-6."
6.
Resolution No. 4571: nA Resolution of the City Council of the City
of Cupertino Declaring its Intention to Proceed with the Reorganiza-
tion of Certain Lands Within the City of Los Altos, Pursuant to
Section 56000 et seq. of the Government Code Entitled 'Di.trict Re-
organization Act of 1965'~ Fixing Time and Place for Hearing and Pro-
vidinr, for Notice Thereof for 'Reorg1lIlization 77-5'.n
CC-385
Page 1
Items re-
moved from
Con: Calendar
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ct-385
12
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Continued
to later in
meeting
,
KINUTES OF THE OCTOBER 3, 1977, CITY COUNCIL MEETING
9. Applicat10D RC-51,383,2 - Good Samaritan United Methodist Churcb
requestina approval of site lIOdif1catioa for Phase One, and archi-
tecture, laudscaping ad lighting for Phase Two. Said property 11
located at the southeast corner of the Intersectir4 of Romestead
Road and LillDet Way. Recommended for approval.
10. Minutes of regular muting of Sept_ber 19, 1977. (CC-383)
11. Minutes of adjourned regular meeting of September 20, 1977. (CO-384)
12. Resolution No. 4566: "A Resolution of the City Council of the City
of Cupertino Declaring its Intent to Conduct a Public Rearing Con-
cerning the Abandoned Building at the Southwest Corner of the Inter-
section of North De Anza Boulevard and Lazaneo Drive."
13. Resolution No. 4573: "A Resolution of the City Council of the City
of Cupertino for the Acquisition of Federal Surplus Property."
14. Acceptance of City project performed under contract:
Orange Avenue Water Main Project 77-6
Contractor - L. J. Krzic~ Pipeline Engineering
Vote
Me.~p.rs of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, Meyers, Nellis, O'Keefe,Frolich
None
None
None
ORAL COMMUNICATIONS
15. None
PUBLIC HEARINGS
16. Public Rearing on Hous1ng and COIIIDWlity Development Act funding for
fiscal years 1978-1979, 1979-1980 and 1980-1981.
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed
unanimouHly to continue this to the end of the scheduled public hearings
to allow individuals who had expressed intent to attend the public hearing
to arrive.
17. Petition from Northpoint Homeowners Association.
(a) Resolution No. 4572: nA Resolution of the City Council of the
City of Cupertino Making Applicable the Provisions of the
California Vehicle Code to Private Roads Within Northpoint
Subdivision Tracts Numbered 5070 and 5071, Located at the South-
west Corner of the Intersection of Homestead Road and Blaney
Avenue.."
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HINlITES OF THE OCTOBEI:. 3, 1977, CITY COUNCIL MEETING
It was moved by COUDC. Nellis, secDnded by COUDC. Jackson and passed unan-
imously to close the public hearing.
It .,,8S moved by CoUDC. Nellis, seconded by COUDC. Jac:k8ou and passed unan-
imously to approve Beaolution No. 4572.
The staff was requested '0 conduct a review on the feasib~lity of hsving
the Code Enforcement Officer issue parking citations rather than the Sher-
iff's depart..nt.
7. Resolution No. 4568: "A Resolution of the City Council of the City of
Cupertino Adopting Standards for the Installation of Private Sewage
Disposal Systems."
18. City of Cupertino, ordinar.~~ re individual sewage disposal systems.
(s) First reading of Ordinance No. 821: "An Ordinance of the City
of Cupertino Repealing Chapter 15.20 of the Municipal Code and
Re-enacting said Chapter Pertaining to Sewage Disposal Systems."
Coune. Nellis announced that she was abstaining from discussion and left
the Council Chamber.
It was I'Ioved by Counc. Jackson, seconded by Co"nc. Meyers and passed unan-
imously with Counc. Nellis absent to refer the ~tter to staff for further
review on the question of administrative enforceability as to the require-
ments of turning valves and pumping the systems.
CITY CLERK'S NOTE: Counc. Nellis returned to the Council Chamber.
19. Application 17-Z-77 of John P. Dozier: Prezoning approximately 3.29
scres from Santa Clara County A (Agricultural) Zone to City of Cuper-
tino Rl-IOO (Residential, single-family, 100,000 sq. ft. per dwelling
unit) Zone. Said property is located at tbe western terminus of Lindy
Lane. Recommendeú for approval.
(a) First reading of Ordinance No. 820: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately 3.29 Acres from Santa Clara County A Zone to City
of Cupertino Rl-IOO Zone; Located at the Western Termin~~ of
Lindy Lane."
It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed unan-
imously to close the public hearing.
It was moved b~ Counc. Jackson, seconded by Counc. Meyers and passed unan-
imously to approve Application l7-Z-·77.
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan-
imously to read Ordinauce No. 820 by title only and the Mayor's reading to
constitute the first reading.
CC-385
Page 3
Public hear-
ing closed
..., No. un
approved
Code Enforce-
ment Officer
uycite
Nellis
al:.staining
Referred to
staff for
review of
enforceabilit
Pu!>lic hear-
ing closed
l7-Z-77
approved
~'irst read-
ing of Ord.
No. 820
~~.
CC-385
P.4
.
Items com-
bined
Public hear-
ing closed
l6-Z-77
approved
First read-
ing of Ord.
No. 819
l8-TM-77
approved
22-U-77
approved
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MINUTES QF THE OCTOBER 3, 1977, CITY COUNCIL MEETING
20. Application l6-Z-77 of SGuth Count, Døvelop.ent Corporation: Rezoning
approximately .405 al:res froa CG (General ea.erc:ial) Zone to P (Planned
o.velopment with General Commercial intent) Zone. Said property
is located southerly of and adjacent to Stevens Creflk Boulevard
approximately 116 ft. easterly of Blaney Avenue, Rec~nded for
approval.
(a) First reading of Ordinance No. 819: "An Ordinance of the
City of Cupertino Amending Sp.ctiun 1 of Ordinance No. 2 by
Rezoning Approximately .405 Acres from CG Zone to P Zune;
Located Southerly of and Adjacent to Stevens Creek Boulevard
Approxlœtely 116 Feet Easterly of Blaney Avenue.n
PLANNING APPLICATIONS
22. Application l8-TM-77 of South County Development Corporation:
Tentative Hap to subdivide .405 acres into two parcels. Said properlY
is located southerly of and adjacent to Stevens Creek Boulevard
approximately 116 feet easterly of Blaney 'venue. Recommended for
approval.
23. Application 22-U-77 of South County Development Corporation: Use
Permic to allow construction of a retail building containing approxi-
mately 4,000 sq. ft. Said property is located southerly of and adJa-
cent to Stevens Creek Boulevard appr·)ximstely ll6 ft. easterly of
Blaney Avenue. Recollllllended fo¡ approval.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to combin<:. Items 20, 22 and 23.
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed
unanimously to close the public hearing.
It was moved by Counc. Jackson, seconded by COUDC. Nellis and passed
unanimously to approve Application l6-Z-77 according to conditions in
Planning Commission Resolution No. 1736.
It was moved by COUDC. Jackson, seconded by Counc. Meyers and passed
unanimously to read Ordinance No. 819 by title only and the Hayor's
reading to constitute the first reading.
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed
unanImously to approve Application 18-TM-77 according to the conditions
In Planning Commission Resolution No. li37.
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed
\coanimously to approve Application 22-U-77 according to the conditions
in Plann~ng Commission ~eso:utior- No. 1738.
PUBLIC HEARINGS (continued)
21. Protest Hearing, Assessment on Underground District No.5, 20568
McClellan Road. (continued from meeting of September 19, 1977)
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MINUTES OF OCTOBER 3, 1977, CITY COUNCIL MEETING
It """ moved by Counc. Meyers, seconded by Counc. Jackson and passed uaaa-
iml'uly to close the public hearing.
It vss IIIOved by Couac. Mey.era, seconded by Counc. O'lteefe and passed IIIUI
lmously to ov.rrule the ~rotest,
It was moved by ;:Ounc. Meyers, secçnded by Couoc. Jackson and pas..ed unan-
imously to confirm the original assessment.
It was moved by Counc. Meyers, seconded by COUDC. Jackson and passed uoaa-
imously to request and authorize the Mayor or staff to correspond and
present to Senator Smith the problem encountered in this matter with a
view to a possible amendment to the law.
16. (c0ntinued from earlier in the meeting)
Presentations - Nancy Hendee, Rousing Rehabilitation Coordinator; Ann
Anger. Monta Vista resident; Rev. Oliver Rudd, Sunnyview Manor; Wes
Williams, President, Monta Vista Homeowners Association
It was moved by Counc. Meyers, seconded by Counc. O'lteefe and passed unan-·
imously that the staff attempt to engage in more dialogue with represen-
tatives of Hl~ regarding the eligibility of projects.
It was moved by Counc. Nellis, seconded by Counc. Jllckson and passed unan-
i~ously to adopt the citizen participation plan ss recommended and pre-
sented.
It was moved by Counc. Nellis, seconded by Counc. O'lteeie and passed unan-
imously to continue the hearing to October 17, 1977, with the staff to
develop into a document for discussion those requests for allocations of
these monies that had been presented during this segment of the public
hearin&.
PLANNING APPLICATIONS
24. Ap~11cätion 13-Z-77 of Starcrest I"vestors, Inc.: Rezoning approxi-
mately 1.87 acres from P (Planned Development with Recreational/Enter
tainment and related co~rcial intent) Zone to P (Planned Developmen
with Recreational/Entertainment and limited commerc1el intent) Zone.
Said property is located at the southeast corner of the intersection
of Homestead Road and Stelling Road. (continued from meeting of
September 6, 1977)
(a) Second reading of Ordinance No. 816: "An Ordina&ce of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 1.87 Acres from P Zone to P Zone; Located at the
Southeast Corner of the Intersection of Homestead Road an~
Stelling Road. n
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan-
imously to read Ordinance No. 816 by title only and the Mayor's reading
to constitute the second reading.
It was moved by Counc. Meyers, seconded hy Counc. Nellis and passed with
Counc. Jackson and Counc. O'Keefe dissenting to enact Ordinance No. 816.
CC-385
Pa._ 5
Public hear-
1ngclosed
P~teat
.. Ned
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Aå...._t
confined
Sen, Smith
to be con-
tacted
El1gibili ty
of projects
Citizen part-
icipation
plan adopted
Rearing
continued
Second read-
ing of Ord.
No. 816
Ord. No. 816
enacted
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tC-~85
.6
20-0-77
approved
Request
denied
.
HC-5l,437.l
ap¡.roved
exc~pt fence
Ralphs' Mar-
ket to co··
operate;
Sheriff to
patrol
.
Ccntrary to
sign ord.
MINUTES OF THE OCTOBER 3, 1977, CITY COUNCIL MEETING
25. Application 20-0-7.7 of VaUco Park, Ltd. Use Pe1'1l1t to allow change
of use in first story of exist1a1 office building to pre-school,
Said ~ropeTty is located adjacent to and southerly of PrUDeridge Avenue
approximately 1,100 ft. easterly of Wolfe Road. Recommended for
approval.
Presentation - Bill TaSl, Vallco Park
It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed unan-
imously to approve Application 20-U-77.
ITEMS REMOVED FROM CONSENT CALENDAR
4. Resolution No. 4569: "A Resolution of the City Council of the City
of Cupertino Declaring its Intention to Change Str~et Name Within
the City of Cupert1ao Pursuant to Section 5026 of the Streets and Highways
Code, State of Californis, Fixing Time and Place for Hearing and Pro-
viding Notice Thereof; Change 'Kester Drive' to 'Gateway Circle',
Tract 5691 0"0 :"ract 5910."
It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed unan-
imously to deny the request.
8.
Application RC-51,437.1 - Steve Stockwell and Lynn Hethcock (Spinnin'
Wheels Skatepark) requesting modification of site, grsding and land-
scaping for a skateboard park located adjacent to and westerly of
Stellinl Road. Recommended for approval.
It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed
unanimously to approve the application exclusive of the fence which question
is to be referred to the Architectural and Site Approval Committee for
consideration of permittiag an open type fence.
UNFINISHED BUSINESS
27. Regulation of vehicular activity in McClellan Square Center. (con-
tinued from meeting of September 19, 1977)
Counc. Nellis reported that as a result of the ad hoc committee meeting,
assurance was given by the regional manager for Ralph's YArket that a
concerted effort would be made to alleviate the problems. . The Sheriff's
department is to conduct a recurring patrol of the area and cite illegally
parked vehicles. An attempt will be made through the owners of the property
to restrict the sweeplr.g operations until after 7 a. m. and to install speed
bumps in the alley. The management also said that every attempt will be
made not to use the loading dock on the south.
23. H-Control recommendations regarding proposal for instslling bus stop
enclosures with ads.
Presentations - Al Chappell, S. Blaney Avenue; Barbara Rogers, C',pertino
residert; Ann Anger, Monta Vista resident
Following discussion of indiv1.dual views as to the proposal, it wss the
consensus of the Council that Mayor Frolich be authorized to communicate
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MINUTES OF THE OCTOBER 3, 1977, CITY COUNCIL MEETING
with the County's Transportation C01IIII1ssion that the pro!,<,881 vas contrary
to the provisions of the City's sian ordinance and vas not in pepinl!
with the esthetics of the City. Ths City would be villina to review its
position if these facilities had beRD installed el.ewbere aa4 had not been
subject to the probleas expressed durina the discussion and that the City
position also applied to its sphere of influence.
NEW BUSINESS
29. Claim for d~ges from Pacific Telephone and Telegraph Co.
It wss moved by Counc. O'Keefe, s~conded by Counc. Jackson and passed
unsni~'ously to refer the claim to the City Attorney.
30. Claim for personal injuries from Ra}1DOnd B. Davis.
It wns moved by Counc. O'Keefe, seconded by Counc. Jackson and passed unan
imously to refer the claim to the City Attorney.
31. Decision on future Town Hall meetings.
It was announced that an adjourned meeting of the City Council would be
held October 12, 1977 at 7:30 p. m. in the multi-purpose room cf the
Stevens Creek School.
The Staff was requested to place on the agenda for the first meeting in
December discussion of the question whether January30, 1978, would be an
scceptable tentative date for tha next Town Ball Heeting.
32. Discussion of the draft Surface Runoff Management Plan for Santa
Clara Count}.
It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed unan-
imously to adopt the Staff report.
33. Appointments for City representative on the North Central and North-
west Flood Control Advisory Committee.
It was mcved by Counc. Keyets, seconded by Counc. Jackson and passed unan-
imously with Counc. Nellis abstaining that Ccunc. Nellis continue to be the
City representative with Mr. Sisk and Mr. Viskovich as alternates.
The Staff was requested to provide time on the agenda for the first meeting
in November, which possibly could be on Tuesday, November 8, 1977, for
discussion of the 208 program, which diacussion could consume from one to
one and one-half hours.
34. Conditions of the Petition for Realignment of Boundaries between
Cupertino, San Jose and other special districts.
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan-
imously to accept the Staff recommenclations.
It was noted that there waa a probability that a representative for the
City would have to be selected at the next meeting.
CC-385
Peae 7
Position
could be
rev:l.8\o-ed
Referred to
Attorney
Referred to
Attorney
Adjourned
meeting sched
uled
Discussion
scheduled for
December
Staff report
adopted
Nellis to
continue as
representativ
208 progrSL'
to be dis-
cussed in
Novembf!r
Staff recom-
menda t ions
accepted.
Representative
to be sele..:ted
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~C- ]85
"8
S~cond read-
ing of Ord.
No. 815
Ord. No. 815
enacterl
·
Second read-
ing of Ord.
No. 810
Ord. No. 810
enacted
Res. No.
3873.19
adopted
Re!red to
Public
Safety Comm.
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MINUTES OF THE OCTOBER 3, 1977, CITY COUNCIL KEETING
WRITTEN COKKUNlCATIONS
35. NODe
ORDINANCES
36. Second reading of Ordinance No. 815: "An Ordinance of the City of
Cupertino A1Iending Se"tioa 1 of Ordinance No. 2 b, Preaoning Approxi-
mately .79 Acres frOlll Santa Clara County BUS Zone to City of Cuper-
tino Rl-IO Zone; Lo~ated at the Southeasterly Terminus of Kiramonte
Street Easterly of Stevens Car¡yon Road."
It was moved by Counc. Jackson, seconded by Counc. Meyers aY1d passed uoan-
imously to read Ordinance No. 815 by title only and the Mayor's reading to
constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed
unanimously to eoact Ordinance No. 815.
37. Second reading of Ordinance No. 810: "An Ordinance of the City of
Cupertino Adding Section 5.20.015 Prohibiting Times for Peddlers
and Sclicitors, Amending Section 5.20.110 of the Cupertino Municipal
Code Omitting Certain Persons from the Exceptions Provision of Chapter
5.20 Regulating Peddlers and Solicitors, Amending Section 5.20.140
Substituting 'Infraction' in the Place of 'Misdemeanor' and Adding
Section 5.20.150 Prohibiting Peddling or Soliciting on Posted Premises."
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed
unanimously to read Ordinsnce No. 810 by title only and the Kayor's reading
to constitute the second reading.
It was moved by Counc. tieyers, aeconded by Counc. Jackson and passed unan-
imously to enact Ordinance No. 810.
RESOLUTIONS
39. Resolution No. 3873.19: "A Res"lution of the City Council of the City
of Cupertino Amending Resolution No. 3873.18, a Resolution of the
City Council of the City of Cupertino Approving Plans and Specifications,
Ordering Payment of Not Less than Prevailing Wage Sr.sle and Calling
for Sealed Proposals and Fixing Liquidated Damages for Failure to
COGIplete the Work Within Time Specified."
It was moved by Counc. Meyers, seconded by Counc. Jackson and ~'~sed
unanimously to adopt Resolution No. 3873.19.
S"fAFF REPORTS
40. S·.atus report on Bubb !load bike lane.
Co~"c. Nellis adv:sed that a meeting had been scheduled to discuss the
specifics of this on October 10, 1977, that the Public Safety Commissio~
was scheduled to meet October 13, 1977 and r~~ommended that this matter
be referred to the Public Safety Commission for review. It was so moved
by Counc. Nellis, seconded by Counc. O'Keefe and passed unanimously.
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MINUTES OF OCTOBER 3, 1977, CITY COUNCIL MEETING
41. Report on whether or not traf.ic solution used at Cold Karber is ap-
plicable at Terrace Drive and Linda Vista.
It lias IIOved by Coun... "l11s, seconded by Counc. JacklJOQ andpa..ed unan-
imously to adopt the Staff recommendations.
42. Report on mee',ing at County on the Kaiser Perlll8nente conversioo
application.
It was moved by CoUDC. ¡¡¡eLBs, seconded by COUDC. Jackson aDd passed UIIAD-
imously that the City should request an Environmental Impact !aport at the
County Planning Commission level.
Prior to the next meeting, th~ City Attorney was requested to have a ~tat
ment as tc the legal position of the City in relation to the procedural
aspects at the County level and the Planning C01IIIIIiss1on Staff is to
develop a complete list of environmental concerns during construction and
a similar list for those after construction.
43. Public Safety C01IIIIIission recommendation for bicycle lanes on Stevens
Creek Boulevard between Blaney Avenue and De Anza Boulevard.
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan-
imously to refer the matter to staff for the development of an ordinance.
44. Oral reports by Staff members and submission of wriLten reports.
(a)
It was moved by Counc. Jackson, seconded by Counc. Meyers and
passed unanimously to waive the usual business license fee for
the March of Dimes solicitation.
(b)
A communication from Mr. Clarence E. Flick, 20891 McClellan Road
relating to the development on Tula Lane was referred to the
staff for review with the position statements contained in the
City Attorney's letter on this same issue presented at the last
Council meeting and to respond accordingly.
(c) It was moved by Counc. Nellis, seconded by Counc. Jackson and
passed unanimously to go on record as being in ~upport of the
County car pool program.
NON-AGENDA BUSINESS
45. (a) General Audience - None
(b) City Council
The Planning Director was requested to develop for Council use and review
a flow chart outlining the various steps and corresponding time frames
each project application would take from initial discusdion through final
approval. He was also requested to provide a copy of the information
given to potential applicants and a check list of all of the requirement~.
CC-3B5
Page 9
Staff recom-
MUdations
adopted
City t'J re-
quest EIR
Attorney to
prepare
statement re
City's legal
position
Referred to
staff for
ordinance
Karch of
Dimes bus.
license fee
waived.
Referred to
staff for
review and
response
Counc. in
favor of
car pooling
Flow chart
to show
Planning
procedures
,
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OC-385
P.10
Method of
addressing
Counc. mem-
bers
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MINUTES OF THE OCTOBER 3, 1977, CITY COUNCIL MEETING
The staff was requellted to develop some Mans of adv1aia& per8011s eat_ring
the Council ChsIIIbers 011 the correct :lathod of addl'8ss1n& -'tel's of tha
City Counc:il as wall as the way in which buaines. a\lllt be coaducteci.
The Mayor adjourned the .etias at 11:42 p. m. t, 7130 p. a.. Oc:tober 12.
1977, in the multi-purpose room of the Strlena Creek School.
k?~
City Cieri- ~ C~f ~¿~