CC 06-04-90
CI'IY OF aJPERITNO, STATE OF CALIFORNIA
10300 'lut".I(t; AVENJE, CUPERTIN::>, CA 95014
TELEPHONE: (408) 252-4505
œ-791
MINUl'ES OF '!HE æ;uL\R CI'IY CXXJNCIL MŒI'DC HErD 00
JUNE 4, 1990, CXXJNCIL 0iAMBER, CITY HAIL,
10300 '.l1.J1<t(t; AVENUE, CXJFERI'IN:>, CALIR:RŒA
'!he meet:in:J was called to order by Mayor Rcgers at 6: 45
p.m.
S1illJI'E 'ro '!HE f'L1\G
mIL CAlL
Came. IT!!! ,ilL:
Goldman, ~, Sorensen, Szabo, Mayor ~s
staff Prese-lIt:
City ClerK OoJ:nelius
Director of Public 1oA.rLk. Visla::Nidt
Director of n-m"'1ity D8Y8l,¥""",t Cowan
Assistant to the City Manager Brown
Director of Finance snyder
Director of Parks and Recr8atim Ccwling
Public Infomatim Officer xrey
City Planner Caughey (arrivecl 7:06 p.m.)
Deputy City Attomey IqJez
~ - It was DK:Ned by Came. Szabo, seo....:Jo:d by
Counc. Sorensen and P"--ed unan±mc:us1y to ocntirnJe
cx:nd.deratim of Item No. 10 to the meetinI¡ of JUne 18,
1990.
c::EREXIŒAL MÀ:nuc:; - ~œs
Mayor Rcgers 1'L ssnted a proclamatim in halOr of Flaq [By
to Bill COq>er of the American Leqiat.
æAL CXJHJNICATIœs
Arm An3er, Ma1ta vista, stated that she was tired of the
""""" .(On¡ of 0J:pertinc wat.c:.hdcq taJdn; so IIIJd1 time. SI~
told Cameil that if they had 1'1C7t:hin1 new to say, then she
did not think those prc!!.!1Jt should listen to them.
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MINl1l'ES OF '!HE JUNE 4, 1990, REGJIAR CITY CUJNCIL MEF.Tm;
(œ-791)
Karl Paradise, 20281 Pinntage Parkway, told Council that he
had written a letter to Gorl::Iachev sayinq that the O,¡pert.im
watdJdoq graJp invited him to talk at a City Council
1IIeE!t:inq. D.Jpertim I s Council meet:in:Js are gcod """""t'les of
free f'II: n :h. SUbjects are limitless and apathy is not
tolerated.
Rùl Halstead, CUpertin:> Waterfall, addressed Council
regardinq Go1:bachev's visit and stating that he thinks it
is iDpIrtant. '!be visit is driven by perestroika. 'Ibere
are l-,a1S fran the Soviet unim for CUpertiIX>. In regard
to final decisiOl'1-1lli3kiJ'g bein:J da1e by the Planning
ChIn; ~ia1, Mr. Halstead urged Cameil to keep the power
with elected. officials where it belCJn:3S. '!be Goals
OCIIIIIittee has failed to zero in at key iSSl-. Mr.
Halstead said he hqJes that it will be da1e in fUture
meet:in:Js. He is CXI'1CE!med that CUpertiIX> decisiCl'lS be
infozmed, indepenjerIt, and .~·~·..eor L"'t'L :sentatim of the
peqùe. '!he systan of laws in the u:ùted states is prized.
Mike Wilkins, 10837 Northridge SCpare, President of
0JpArtin0 Tennis (,l: :.. , said that the board of the club
~ -- thanks fv...· the pm:hase of the CUpertino Sports
Center. He said he had heanl that Galle people think the
Tennis Club is boycott.in;J the Center because of the fee
stnJcture. He said the Board has taIœn no official stand.
He then read frail the Club newsletter in which a letter was
printed frcm him to the ~'t'Sh.ip which told aIxut the
Sports Center and urged its SURX>rt.
a::tœmr CAInm1\R
Director of n-om.nùty Devel'¥"""1t Cowan requested that Item
No. 7 be r&lDVed frail the 0Œ1sent calerœr. It was IIKMId
by Counc. 5orensen, seocn:Ied by Came. J<'cRX!1 and ret"*~
UJ1êIlÙJIIa sly to approve the balance of the 0X1sent calerœr
as AI,¡""itted.
.
Consent
Calendar
1. Resolutim No. 8145: "A Resolutim of the City Oouncil
of the City of CUpertim Allowinq Certain Claim; and
DemaIx:!s Payable in the 1IDnD1t:s and Fran the PUnds as
Hereinafter Described for General and ~llaneous
Experñitures for the Period Ending May 18, 1990."
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M1M1I'ES OF '!HE JUlIE 4, 1990, REnJU\R CI'IY CCXJ"NCIL MEE'I'IN:;
(œ-791)
2. Resolutior. No. 8146: "A Resolution of the City Cameil
of the city of CUpertin:> AllCMing Certain Claims an:i
DeIDarx3s Payable in the Amc:Qrt:s and fran the F\.In:Is as
Hereinafter Described for Salaries and Wages for the
Payroll Period Erxiin:J May 25, 1990."
3. Resolution No. 8149: "A Resolution of the City Cameil
of the City of CUpertin:> Authcrizinq Executim of
~ with Gates M::Da1ald for Administration of the
Worlœrs /"'roIp"nsation Pl"':lL""'."
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4. Resolutim No. 8148: "A Resolutim of the City Council
of the City of CUpertino Setting Date for COnsideration
of Annexir1g Area Designated 'Oran:;Je Avenue 90-06',
PIq¡erty Located m the East side of C>ran:¡re Avenue
Between olive Avenue and Alcazar street; AR;n.........i_tely
.15 Acre, r:tú.llm (Am 357-19-33) ."
5. Resolutim No. 8124: "A Resolution of the City Cameil
of the City of O,¡pert.im Makin;J DeterminatiCl'lS and
A¡:provinq the Annexatim of Territory Designated
'orange Avenue 90-02', loppr\:I"i"""tely 1.73 Acres Located
m the East and West Sides of orange Avenue Between
GrIInada Avenue and ]ol"""'"'n Avenue; Brown (ARIS
357-17-048, 49, 77, 78, 79, 357-15-12 - 21761 I.cmita
Avenæ, 21771 I.cmita Avenue, 10130 orange Avenue, 10120
orange Avenæ, 10216 orange Avenue) ."
6. Authorizatim to transfer funds fran Park and City Hall
Bcn:l funds to the General FUrd.
7. Rsmaved!ran the 0Œ1sent caleniar.
8. ADoept:anoe of DLmicipal i:apravements:
a. Ias and Terry L. ~i""3I' Project, 10088 and 10090
Peninsula Avenue.
9. Resolutim No. 8147: "A Resolutim of the city Cameil
of the City of QJpertino ~ing cart:ract 0'Iaß18
Order No. 1 for Reccnstnlcti.m of 0Jrbs, Gutters, and
Si.dewa1Jœ, Project 90-102."
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MINUTæ OF '!HE J1..,'NE 4, 1990, RÐ:;(JIJ\R CITY a:tJNCIL MEEI'ING
(œ-791)
vote Members of the City Cameil
AYES:
OOES:
ABSmI':
ABSTAIN:
Goldman,
Na1e
Na1e
Na1e
Kq:pel, Sorensen, Szabo, Rogers
App. 4-U-86
ITEMS REHJVED FR:M ~SEm' CAInIDAR
7. ~lication ASAC 4-U-86 - Prcmetheus Develcpœ."1t
0:IIpany - Request for review an:l ~ for a
cœprehensive laroQt"';oping plan for an <:pm space area
at the southeast oomer of stevens Creek Boulevard and
DeAnza Boulevard and for the Da.1bletree Hotel site
located easterly of the <:pm space site. Re.......,,,,,,,,,ded
for~.
Director of f'r0m01Tlity Develcpoent Cowan:informed Cameil
that the ~licant wwld like to remove the portion of the
~licatim regard.in;J the lal'ð~rinq for the ("I 'Jel1 ~œ
area m the 00l.1tar.
.
Fhil Halstead asked about the points on the ends of the
hotel; he thwght they had been squared off. Mr. Halstead
was :informed that originally they had been I'aIJ'Vjed; however
they had been revised to points. Mr. Halstead also as1rað
hew III.ICh of the oorner park had been z-it""'«! for additimal
parIdn;J. He was informed that ~tely 3-5' had been
used for additional parkirç.
It was DK:Ned by Came. }C(gJel, 8eCCI'XÜ!d by Came. Sorensen
and p"e<:'ed 4-0 with Came. Goldman abstain:in:; hAt-Jo'1Se of
possible ca1flict, to ðt¥LvVe the laroczcaping plan for the
future hotel site per ASlIC Resolutioo No. 1535.
CX:r1sideratim of the lan:l"'"<lpin;J for the existinq park
'T"œ (ASlIC Resolution No. 1536) was continued.
PUBLIC HFARINGS
.
10. ~licatim 3-Z-90, 5-'IM-90 and ll-FA-90 - First
Baptist 01urch, Menta Vista - Rezaninq of ~tely
2.07 acres fran BQ (Quasi Public arlldinq) to Rl-7.5
(Single Family Residential 7,500 sq. ft. IIÚlÙ1IImI lot
area) or such other Za1inq classification as -j!-Ai'!
awL'-YLiate by the Pl~ Ccmnission or City
Cameil. Tentative Map to suIxlivide 2.07 acres into
nine (9) lots ran;rin;J in size fran 7,600 sq. ft. to
10,300 sq. ft. Envh...""",,1tal Determinatioo: '!he
Pl~ C'rmn; "'Sioo t"AO .....Þrx: s the grantin;J of a
Negative Declaration. '!he prc:perty is located 00 the
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MINUI'ES OF '!HE JUNE 4, 1990, REX;UIAR CITY CXXJNCIL MEE:l'J}IG
(0:-791)
narth side of McClellan Road, 130 ft. I«St of Byrne
Avenue. Reo .....ended for denial. (Hearinq continued
frail meetin:] of May 7, 1990. ) (Request this be
oa'1tinued to JUne 18, 1990.)
(a) First readinq of Ordinance No. 1530: "An
Ordinance of the City Cameil of the city of
CUpertino Amerxiin¡ secticn 1 of Ordinance No. 2 by
Rezminq Awroximately 2.07 Acres frail ~ Za1e to
Rl-7.5 Za1e; located on the North Side of
M:::CJ..ellan Road, 130 Ft. West of Byrne Avenue
(~licatim 3-Z-90, First Baptist 01urch, M::nta
Vista) . "
Previœsly contirnJed to the meeting of JUne 18, 1990.
11. A¡:plicatim 5-Z-90 Jim Sisk Rezoninq of
~"...d""'tely .9 acres frail Rl-I0 (Single FamUy
Residential 10,000 sq. ft. lot 1IIÍlÚJII.mI) to Rl-7.5
(Single Family Residential 7,500 sq. ft. IIIÍlÚJII.mI lot
area) . Envh...........llal Detezmination: '!be Pl~
l'hIwfti ....im rec· ·...-.ds the grantirg of a Negative
Declaration. 'lbe ~'¥"Lty is located on Stellin:] Road
narth of M:::CJ..ellan Road. Reo ....-rx3ed for a¡:proval.
(a) First readinq of Ordinance No. 1528: "An
Ordinance of the City Council of the city of
QJpertino Amerxiin¡ Section 1 of ordinanœ No.2 By
Rezaún;J ~.....ri""'tely .9 Acres fran City of
O,¡pert.im Rl-I0 Za1e to City of QJpertin:> Rl-7.5
Za1e; Located m Stellinq Road North of M:::CJ..ellan
Road (Sisk - ~licatim 5-Z-90)."
Director of r'nrmnú.ty
"'L·¥~l with Council.
p.m.)
I'C was lIOVed by Counc. J('qpel, seconded by Came. Sorensen
am r"e~ lU1alÚ.IIIOOsly to ~we the grantinq of the
Negative Declaration.
Devel..."......1t Cowan reviewed the
(City Planner Cl!ßx: Jey enters 7:06
It was DK:Ned by Came. Szabo, secorrled by Came. ~ and
paesed unanimously to a¡:prcve ~lication No. 5-Z-90 per
Pl~ Cœmission Resolutim No. 4266.
It was moved by Came. J('qpel, seconded by Came. Goldman
and I""<;'~ 1.JI'Iar1ÍnrA.Ily to read Ordinance No. 1528 by title
only and t-..he City Clerk's readirq to constitute the first
readirq thereof.
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App. 5-Z-90
Keg. Dec. granted
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list readlng of
Ord. l528
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Xer iscape
guidelines
·
Neg. Dee
granted
Res. 8151
adopted
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MINtJI'ES OF '!HE JUNE 4, 1990, REGUIAR CI'IY o:xJNCIL MEErIN:;
(œ-791)
12. City of CUpertin:> Xeri"'""-<lpe Gui<Ù>.lines - ~licatim
51,054.4 and 36-FA-89 - Consideratim of adc:ptim of
low water 11.9ð1Je laro"""""pinq guidelines for new and
substantially ~led devel'¥"""ILs. Envhu_ttð.l
Detemination: '!be P1ararlrç t"nmIi....ion r....::.....-.-.Js the
grantinq of a Negative Declaratim.
(a) Resolutim No. 8151:
Council of the City
Xeri&.ro"'r>e Guidelines."
"A Resolutim of the City
of 0Jpertin0 J\dqJtinq
City Planner Caughey reviewed the lJl.' y.JSed guidelines and
infœ:med Council they tIOOld awly to åevel'¥"""rt:s that CXIII8
after their adcptim.
DÍJ><'I'''dm followed regardin;J the use of decorative
fountains and the £IU..H=otion that if they are in cplratim,
signs be posted sayinq they c:x:rn:ain reclaimed water. It
was pointed out to Council that the guidelines do not awly
to single-family haDes.
By consensus, Cameil requested that on page 6, turf/tree
separatim, a 0.....-'1t be included that rcx:Iœ oculd be used
instead of planting groon:i caver and/or shrubs.
Ann ArK]er, K::I1ta Vista, said she did not want water
sacrificed. She suggested that there be placed in the
n........+ino 50ene a request for respa ~'!S' to a questim
askinq if citizens tIOOld a~L decorative fountains beinq
used if they oontai.ned reclirlmed water and tIOOld they
àJject if they oontai.ned fresh water.
In the ~. .::-a of t.akinq a straw vote, Came. Goldman and
Szabo El\lRXAted fountains not beinq used and Came. Xqpù,
Sorensen and Mayor Rcgers ~ fountains using
rec:J",im..rl water with a sign posted sayinq so.
It was moved by Counc. Goldman, seccn:1ed by Came. Szabo
and I"'''sed with Counc. Sorensen dissentinq, to delete the
paragra¡n pertainin:] to used water m page 7 of the
guidelines.
It was JllCl/'ed by Came. Goldman, seccn:1ed by Came. KqJpel
and pali'sed unani1nc:usly to awrove the grant.inq of a
Negative Declaration.
It was JllCl/'ed by Came. Goldman, seccn:1ed by Came. Kq:pel
an:!. pa'i'sed unani1nc:usly to adept Resolution No. 8151,
awrovin:J guidelines as amencJaj.
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MINU!'ES OF 'lEE JUNE 4, 1990, RmJIAR CITY o::xJNCIL ~
(œ-791)
PI1INNING APPLICATIOOS
13. None.
ARCHITEX:lURAL AND SITE APffiO\JAL CXI1MITI'EE APPLICATIœs
14. None.
UNFINISHED RJSINrnS
15. None.
NÐi RJSINrnS
16. Rq..,n,l at bid openinqs and award of oontracts.
a) street Maintenance, Slurry Seal, Project 90-105.
b) Vioercy cnJrt storm Drain, Project 90-6013.
c) Annual overlay Project, Project 90-104.
It was IIICIIIed by Counc. Kq:pel, seocn:Jed by Counc. s.......L en
and ra--ed UJ1êIlÙJIIa sly to award the street Maint:enImc::'e,
Slurry seal, Project 90-105 to Valley Slurry seal, CO. for
$191,608.33 and authorized a $28,700 ~ for a
total award of $220,308.33; to award the Vioercy cnJrt
storm Drain, Project 90-6013 to Casey construc:t:im for
$12,700 and authorized a $1,900 ~ for a total
award of $14,600; and to award the Annual overlay, Project
90-104 to Wattis construc:t:ion for $156,033.09 and
authorized a $23 ,400 ~ for a total award of
$179,433.09. All awards are based m lowest bid received.
17. Request fran Parks and Recreation C'nrIIn;=i.m to receive
p.1blic l'Y'ftIIIIØrrt; m the need for a park west of Foothill
Boulevani. (Neighbort1oo.1 "N" in the General Plan).
Director of Parks and Recreation Ccwling 1.4- E1 ..Led the
request and the reasa1 for it to Cameil. He E!ßP1asized
that this would be a meet:in:J for p,¡blic (> ....~ It and not a
p,¡blic hearinq in the legal definition. It would not be
given a legal notice in the newspaper, nor would an
official mailing go oot to the area. It will be mentia1ed
in the C"J1I"!Ø'I"t- i.no scene.
Nancy 8.D:nett, 729 sterrlahl Lane, expr-eed the opinim
that goirg to the people was good. '!here are no residents
at that location yet and there are places in CUpertin:>
where there are people ani no neighborhood park and the
people would like one. She urged Cameil oonsider the city
as a wr.ole.
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Bid open togs
Park west of
Foothill Blvd.
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Sports Center
interim use
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MINUI'ES OF '!HE JUNE 4, 1990, REX;(JU¡R CITY roJNCIL MEE:I'DC
(œ-791)
Ann ~ expressed oc........." that the city was going
ovemoard. 'Ibere is a lazge CcAmty park right at the
location t.'1at ,...ill be reviewed for a neighborhood park.
Also, hcmes have large yards. Differont facilities are
available to everyme. '!he City talks about thin;Js that
aài more fees, and then talks about affordable hcusing.
It was DK:Ned by Counc. ~, sec.:t..lt:.l by Counc. Goldman
and P"~e....o unaJÚJJaIsly to ..........uv'EI a meetin;J of the ParD
and Rsc:reatim n-...ni -1m to receive public .. ....-,L
regardinq a potential park in the Foothill area.
'!he policy m brinqinq hearings desired to the City Council
prior to t'Y'OmIi "EIim scheduling will be placed m the iIeXt
joint meetinq of the City Council, Planning n-...ni_im and
Architectural and site Approval o:mnittee.
18. ~iuL.u.:.1t of Council,,-·~oers to regional agela::ies.
(a) santa Clara cnmty Transportation n-...nio...im
(b) ~"9OC'iatlm of Bay Area GaIIemments - alternate
Oouncil ðR)Ointed BartIara Jl'rtpel to oa1tinJe as the City's
lqdS .ILative to the santa Clara cnmty Transportatim
l"nmIi....ia1 and Marsball Goldman as alternate to the
Associatim of Bay Area GoYeJ:nIIent:s.
WRI'l'lm <XHIJNICATIœs
19. Na1e.
CIID.INANCES
20. Na1e.
RæOwrIœs
21. Na1e.
STAFF ~::¡
22. Oral reports by staff ,,_.J -e.:rs - none.
24. Clarification of CUpertiIX> Sports Center Interim Use
o:mnittee's reo> ··..-lIdatim (Report with pœsible
actim) .
Mr. CcwlirxJ explained the o:mnittee's re<>.......·ldatim in
regard use of the CUpertino SPorts Center.
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MDUÆ OF 'mE JUNE 4, 1990, REClJu..R CIT'i caJ1.1CIL MærING
(0::-791)
Di"",,""'ion followed regardinq what an interim plan would
in=l\XJe and the potential oœt of brinqinq the Center up to
code ani a 1OO:t'e useable oon::liticn.
Sharon COlman, ~r of the Interim CCmDittee said RFPs
have been difficult to get as the cx:muittee cannot answer
questiCl'lS that are asIœd by potential bidders, such as ..men
will it open. '!he Cœmittee needs to knew if the Da1ey
will be available to brinJ the Wilc1in:¡ up to code.
Director of Public ~k.o Viskcvich said there has not been
eI'D.Igh exploratory \It1rJt to give detailed costs. If Council
wants that Wilc1in:¡ preserved for the f...........' uses, the
expenditures wœld ......L.:Ibly be valid; however, he watl.d not
like to make the estimated oœt aVI'I i 1 able for p.lblic
infomation until the bids oc:me in.
Council did mq.,.. '."' CXJuoe.rn regardinq authorizing a
$400,000 expenditure without Jcrx:Jwin;J what work wœld be
da'Ie.
Mr. Viskcvich stated he wœld try to v.. s_.L an eoc........l.c
analysis at t.œr:>rrow night's QI"9't meetinq. It wœld be a
best guess, hypothetical analysis.
Mr. Ccwlinq stated that he e:xpgc:ted to brinq a detailed
analysis to Cameil at their JUly 2 meetinq.
23. status of user fee stu::.'y.
Directar of Finance snyder told Oouncil that it is
anticipated that the user fes study will be I"I'WOpleted SOCI1
ani, in JUly, Oouncil will receive a list of ~--œd fees
for City services.
25. Update m the status of the City 0Bnter O::IIplex,
southeast 001.11e1. of Steveœ Creek Boulevard and DeAnza
Boulevard.
Director of C'nmonú.ty D8Y8l,¥"""IL Cowan told Oouncil that
City Manager Bram will update the status of the OCIIplex at
the next Cameil 1IIeE!tiIxJ.
Farakh DeBoo, O,¡pert.im waterfall resident, requested
clarification regardinq the mirror bnage Wilc1in:¡ to be
Wilt ani the number of credit available.
Followirg discuss3..m, Mr. COWan said he wœld be ham' to
meet with Mr. ~aoo in his office to di..,..,,"'$I it with him
am pl.~ him informatim.
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! (Slde 3)
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User fee study
City Center com-
plex
.
Le ~ i 5 1 a t i ve
Re'.'iew Camm.
Closed Sess ion[
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MINUræ OF '!HE JtNE 4, 1990, RmJI.AR CI'l"í CXXJNCIL Mœl'm:;
(œ-791)
CXXJNCIL l<U'U<l::;
28. Ca.Irx:. Goldman - Legislative Review I"r....tittes - Cameil
I.U'Ia1limoosly ðigle.:.l to t:ð)œ the followinq actlm
regardinq Pl' p: :;00 legislatim:
SUWOrt AB 4085 (Bates), haœlessness preventim, and
Federal legislatim pertairaing to affoMable hcusinq.
. M<ee AB 2590 (VaBOa'1œllos) and sa 1765 (Alquist),
cut in cigarette tax reveJ'IJes, ccst shift to pay for
state Board. of Equalizatim at cities expeuee hidden in
state hrl;JPt bills; SB 2882 (Presley), No- and
lOW' _"'I-"=LL}' tax cities, Pl.........dent-øet:tinq reductim
in r8IIeI"J.Je transfer i"PC ~sd m cities in Riverside
cœnty .
'!be City ClerK was directed to bring SB 2882 to a..!! .~.1ym¡m
~'s attentim partia1larly.
C"'T~ ::i1::õtu(Jil
At 8:46 p..., Cameil adjoomed to a Closed Sessim in
Ca1t......._ RealI A to di......_ labor negotiatiCl'lS, GoIIernDent
Q)de Sec:tia1 54957.6.
Oouncil recx:nvened in Cameil a.-.ner at 9:07 p.m.
Ccunc. P4. r 1 It:
t'"~1~, JC'q:pe1, Sorensen, Szabo, Mayor RogIels
staff p~ T IL:
City Clerk QJme1ius
Assistant to the City Manager Brown
It was D:JYed by Counc. Sorensen, seoaldtod by Counc. J(q:pel
and pa""q'ecI l.II'1alÚJIIC:Ay to authorize staff to oa'1t.iraJe
negoti.at.iaw with the Operating Fn;¡inesrs unit and to
direct staff to Pl~ the r- ftfta'ry 1ŸroI-m. for signinq
with the IIIi ooœllanecus unit as directed in Closed Sess1a1.
At 9:08 p..., Council adjourned to 7:00 p.m., JUne 5,
1990.
.(./:iYdÆ,
City Cl
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