80-064 - City Attorney Employment Compensation Reso 5214 (x-ref agreement 93-025)RESOLUTION NO. 5214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPOINTING THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND
DEPUTY CITY ATTORNEY, DESCRIBING THEIR DUTIES AND PROVID-
ING FOR THEIR COMPENSATION
THE CITY COUNCIL OF THE CITY OF CUPERTINO RESOLVES AS FOLLOWS:
Section 1.
Resolution No. 4413 is hereby rescinded, and this Resolution is adopted in
its place.
Section 2.
Charles T. Kilian is hereby appointed City Attorney, City of Cupertino, County
of Santa Clara, State of California.
Section 3. Duties of (City Attorney):
The City Attorney's duties shall consist of the following:
(a) Administrative -Duties:
(1) The City Attorney shall attend all regular and special meetings of
the City Council and the City Planning Commission. Duties in this connection shall
be to render advice and opinions with respect to all legal matters which may arise
during any such meeting, except, however, legal matters which are to be provided
by special counsel.
(2) The City Attorney shall also attend meetings of other boards, com-
missions and committees of the City when requested to do so by the City Council'
or the City Manager at which time similar legal advice and opinions shall be
rendered.
(3) The City Attorney shall prepare resolutions, notices, contracts,
ordinances and other documents and papers as necessary, or appropriate, in matters
pertaining to the City, when requested to do so by the City. He shall also examine
for legal sufficiency all documents submitted to him by the City.
(4) The City Attorney shall provide the necessary legal services required
in connection with the acquisition of lands or easements, which shall constitute
an administrative duty up to the point direction is given to commence eminent
domain proceedings, at which point it shall become a litigation service.
(5) The City Attorney shall cooperate with, and assist, the City, its
officers, agents and employees, on all general legal matters pertaining to the
City. However, the City Attorney shall only provide legal advice to the staff
when authorized to do so by the City Council or the City Manager.
(6) The City Attorney shall make himself available to meet with City
staff part of one day each week. q
(7) The City Attorney shall also perform such other legal services for
the City as may be requested by the City Council.
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(b) Litigation Duties:
(1) The City Attorney shall render the necessary legal services required
in.,connection with the conduct of eminent domain proceedings and other litigation
to which the City may be a party.
(2) The City Attorney shall represent the City in all legal proceedings,
whether civil or criminal, required in the enforcement of the City's ordinances.
Section 4. Appointment of Assistant City Attorney:
Robert D. Wenzel is hereby appointed Assistant City Attorney, City of Cupertino,
County of Santa Clara, State of California.
Section 5. Duties of the Assistant City Attornev:
Robert D. Wenzel shall assist the City Attorney in the performance of his duties.
The Assistant City Attorney shall act in the absence of the City Attorney for any
cause.
Section 6. Appointment of Deputy City Attorney:
Therese Foley is hereby appointed Deputy City Attorney, City of Cupertino, County
of Santa Clara, State of California.
Section 7. Duties of the Deputy City Attorney:
Therese Foley will be the chief prosecuting officer and shall assist at Planning
Commission meetings and when the City Attorney and Assistant City Attorney are unavail-
able to act as City Attorney for Council meetings.
Section 8. Retainer:
The City Attorney shall receive a monthly retainer from the City in the sum of
Two Thousand One Hundred Dollars ($2,100) which shall be considered full compensation
for the purposes of contributions and withholdings with respect to retirement, social
security, income tax withholdings, and the like. The monthly retainer shall be paid
at the end of each month on the payroll account of the City. Furthermore, the City
shall contribute to PERS retirement and health benefits as well as social security
in the same amounts it does for regular City employees.
Section 9. Additional Compensation:
In addition, the City Attorney shall receive the following contractual services
compensation:
(a) Administrative:
To the extent that the collective time of the City Attorney, the Assistant
City Attorney, and other members of the law firm of the City Attorney, for the per-
formance of administrative services, exceeds thirty (30) hours in any one month
excluding the time spent at and preparation for regular and special City Council
meetings and Planning Commission meetings, the City Attorney shall be entitled to
receive additional compensation from the City at the rate of Fifty dollars ($50.00)
per hour.
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(h) Litigation:
The City Attorney shall receive as compensation for the performance of
litigation services, and for the litigation services of the Assistant City Attorney,
the Deputy City Attorney, and other members of the law firm of the City Attorney,
compensation at the rate of Fifty Dollars ($50.00) per hour.
(c) Miscellaneous:
The City Attorney shall also be entitled to be reimbursed for costs and
expenses for attending conferences when approved in advance by the City Manager
in accordance with the same reimbursement schedule provided for other officers of
the City.
(d) Compensation of Assistant City Attorney and Deputy City Attorney:
The Assistant City Attorney, the Deputy City Attorney, and other members
of the law firm of the City Attorney shall look solely to the City Attorney for
compensation for their services.
Section 10. Costs:
The City Attorney shall be entitled to be reimbursed by the City for all costs
advanced by him such as court costs, filing fees, service of process fees, reporters'
fees, jurors' fees, witness fees, investigators' fees, appraisers' fees, cost of
photographs and charts needed in connection with litigation, and the like. The City
Attorney shall also be reimbursed for all long distance telephone calls made to
points outside of Santa Clara County. Reimbursement shall be made for all travel,
meals, and lodging expenses incurred by the City Attorney, the Assistant City
Attorney, the Deputy City Attorney, and other members of the law firm of the City
Attorney, when on business outside of the County of Santa Clara for the City, in
accordance with the same reimbursement schedule provided for other officers of the
City.
Section 11. Overhead:
Except as herein otherwise expressly provided, the City Attorney shall pay for
his own overhead, and that of the Assistant City Attorney and other members of the
law firm of the City Attorney, incurred at the office located in the Community Bank
Building, 111 West St. John Street, Suite 900, San Jose, California 95113 including
but not limited to rent, telephone, secretarial, bookkeeping, reception, postage,
stationery, office supplies, insurance, library, copying, taxes and licenses. Further-
more, telephone calls in which there is no substantive conversation between the City
Attorney or a member of his firm and a City Council member or City staff shall be
considered part of the overhead costs. Nevertheless, the City shall supply the City
Attorney with "City of Cupertino" letterhead stationery and envelopes and shall also
pay for all costs incurred in connection with maintaining the special municipal law
library books owned by the City which are on loan to the City Attorney.
Section 12. Records, Monthly Statements and Audit:
The City Attorney shall maintain careful and accurate records in his office
of all time spent by him, the Assistant City Attorney, the Deputy City Attorney,
and by other members of the law firm of the City Attorney (to the closest 1/10th
of an hour) and of all reimbursable costs advanced by the firm in connection with
the City's business. The City Attorney shall render at least monthly statements
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to the City for the performai._, of all administrative and liL "ation services
showing the services performed, the hours spent, the costs advanced, the amount
of additional compensation he is entitled to receive from the City for the period
in question. If approved, the additional compensation shown to be due by his
statement shall be paid to the City Attorney by the City by general warrant within
thirty (30) days after said approval. Books of account and the time records of the
City Attorney, the Assistant City Attorney, the Deputy City Attorney and other
members of the law firm of the City Attorney, pertaining to business transacted
for the City, shall be open to audit by the City Auditor, upon prior request of
the City Council.
Sari -inn 11_
It shall be the City Attorney's responsibility and duty to have current knowledge
of laws and judicial decisions which may have an effect on municipal governments.
City Attorney's conferences with staff of the law firm shall be considered the City
Attorney's own responsibility, not the City's responsibility. He may be asked to
meet the City Council and/or staff to keep them abreast of laws and judicial
decisions impacting municipal government.
Section 14. Effective Date:
The effective date of this Resolution shall be February 1, 1980.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of January , 1980 by the following vote:
Vote
Members of the City Council
AYES: Jackson, Rogers, Sparks, Meyers
NOES: None
ABSENT: O'Keefe
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
U
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Memorandum of Understanding
This document is intended to clarify the employment of Charles T. Kilian
as the City Attorney for the City of Cupertino. In addition to the monthly
retainer of $2,100, the City will provide a contribution to P.E.R.S. Health
Benefit in whatever amount the City provides its other regular employees. If
the actual cost of the health program premium is less than the City's maximum
contribution, the difference will be placed in a deferred compensation account
in the name.of Charles T. Kilian. The City will also participate in the
P.E.R.S. Retirement System in the name of Charles T. Kilian. The City will
fully pay for a dental insurance program for Charles T. Kilian and his dependents.
It is the understanding of the City Council and the City Attorney that the
basic retainer will cover attendance and preparation for all regular, adjourned
and special meetings of the City Council and the Planning Commission plus
thirty (30) hours of legal services per month. It is further understood that
with the exception of litigation it is intended that the thirty (30) hours will
normally meet legal service requirements for the month. Furthermore, telephone
conversations that do not exceed one tenth (.1) of an hour shall not be billed
to the City. There shall be no billing for telephone time for unsuccessful
attempts to reach another party nor shall the City Attorney double bill for
conferences among attorneys of his own firm regarding City business.
This memorandum of understanding shall be effective February 1, 1980.
C
Doro by4Corne,City Clerk
lz�JLJ 7
Robert W. Meyers,. &Y—O�—r—
Charles T. it an, City Attorney
t
RESOLUTION NO. 5671
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION 5214 APPOINTING THE CITY ATTORNEY,
-' ASSISTANT CITY ATTORNEY AND DEPUTY CITY ATTORNEY, DES-
CRIBING THEIR DUTIES AND PROVIDING FOR THEIR COMPENSATION
The City Council of the City of Cupertino resolves as follows:
Section 8. Retainer amended:
Section 8 of Resolution No. 5214 is amended to read as follows:
The City Attorney shall receive a monthly retainer from the City in
the sum of Two Thousand Six Hundred Eighteen Dollars ($2,618.00) which shall
be considered full compensation for the purpose of contributions and withholdings
with respect to retirement, social security, income tax withholdings, and
the like. The monthly retainer shall be paid at the end of each month on
the payroll account of the City. Furthermore, the City shall contribute
to PERS retirement and health benefits as well as social security in the
same amounts it does for regular City employeer.
Section 9. Additional Compensation amended:
Section 9 of Resolution 5214 is hereby amended to read as follows:
In addition, the City Attorney shall receive the following contractual
services compensation:
(a) Administrative:
To the extent that the collective time of the City Attorney, the
Assistant City Attorney, and other members of the law firm of the City Attorney,
for the performance of administrative services, exceeds thirty (30) hours
in any one month excluding time spent at and preparation for regular and special
City Council meetings and Planning Commission meetings, the City Attorney
shall_ be entitled to receive additional compensation from the City at the
rate of Sixty Dollars ($60.00) per hour. Said hourly rate shall be effective.
for a period of two (2) fiscal years commencing July 1, 1981.
(b) Litigation:
The City Attorney shall receive as compensation for the performance
of litigation services, and for the litigation services of the Assistant
City Attorney, the Deputy City Attorney, and other members of the law firm
of the City Attorney, compensation at the rate of Sixty Dollars ($60.00)
per hour. Said hourly rate shall be effective for a period of two (2) fiscal
years commencing July 1, 1981.
Resolution No. 5671
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of July , 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/g/ norotLy Corneljus
City Clerk
APPROVED:
/s/ Reed Sparks
Mayor, City of Cupertino
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RESOLUTION NO. 6901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION NO. 6641
CITY ATTORNEY'S COMPENSATION
The City Council of the City of Cupertino resolves that Resolution
No. 6641 is amended as follows:
Section 8. Retainer: The City Attorney shall receive a monthly retainer
from the City in the sum of $3783 which shall be considered full compensation
for the purposes of contributions and withholdings with respect to retirement,
social security, income tax withholdings, and the like. The monthly retainer
shall be paid at the end of each month on the payroll account of the City.
Furthermore, the City shall contribute to PERS retirement and health benefits
in the same amount it does for regular City employees.
Section 9. Additional Compensation: In addition, the City Attorney shall
receive the following contractual services compensation.
(a) Administrative:
To the extent that the collective time of the City Attorney and other
members of the law firm of the City Attorney, for the performance of adminis-
trative services, exceeds thirty (30) hours in any one month excluding the
time spent at and preparation for regular and special City Council meetings
and Planning Commission meetings, the City Attorney shall be entitled to
receive additional compensation from the City at the rate of $80.00 per hour.
(b) Litigation:
The City Attorney shall receive as a compensation for the performance of
litigation services, and for the litigation services of the Deputy City
Attorney and other attorneys of the law firm of the City Attorney, compensation
at the rate of $80.00 per hour.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 21st day of July , 1986 by the following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Plungy, Sparks Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTESTED: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
CITY CLERK MAYOR, CITY OF CUPERTINO
RESOLUTION NO. 7255
RESO=ON OF r I a= CouNCIL OF i I CITy OF CUpERTIN4
CM ATIMM I S CCHPENSATION
The City Council of the City of Cupertino resolves that Resolution
Nos. 6901 and 5214 are amended as follows:
Section 8. Retainer: The City Attorney shall receive a monthly retainer
from the City in the sum of $3,972.00 which shall be considered full
compensation for the purposes of contributions and withholdings with
respect to retirement, social security, income tax withholdings, and the
like. The monthly retainer shall be paid at the end of each month on the
payroll account of the City. Furthermore, the City shall contribute to
PERS retirement and health benefits in the same amount it does for regular
City employees. Furthermore, any rebate of PERS retirement contributions
shall be at the same rate as Classified Managenent employees of the City
of Cupertino.
Section 9. Additional Compensation: In addition, the City Attorney shall
receive the following contractual services cmVensation.
(a) Administrative.
To the extent that the collective time of the City Attorney and other
members of the law firm of the City Attorney, for the performance of
actninistrative services, exceeds thirty (30) hours in any one month
excluding the time spent at and preparation for regular and special City
Council meetings and Planning Commission meetings, the City Attorney shall
be entitled to receive additional comppensation from the City at the rate
of $85.00 per hour.
(b) Litigation.
The City Attorney shall receive as a compensation for the performance
of litigation services, and for the litigation services of the Deputy City
Attorney and other attorneys of the law firm of the City Attorney,
ccmpensation at the rate of $85.00 per hour.
Section 11. Overhead: Except as herein otherwise expressly provided, the
City Attorney shall pay for his own overhead, and that of the Deputy City
Attorney and other members of the law firm of the Attorney incurred at the
office located at 852 North First Street, 'Third Floor, San Jose,
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RESOLUTION NO. 7255
California 95112 including but not limited to rent, telephone,
secretarial, bOOkJr,--P-Ping, reception, postage, stationery, office supplies,
insurance, library, copying, taxes and licenses. Furthermore, telephone
calls in which there is no substantive conversation betweem the City
Attorney or a member of his firm and a City Council member or City staff
shall be considered Part of the overhead costs. Nevertheless, the City
shall supply the City Attorney with "City of Cupertino" letterhead
stationery and envelopes and shall also pay for all costs incurred in
connection with maintaining the special municipal law library books owned
by the City which are on loan to the City Attorney.
Effective date of the above changes shall be the same date as --or
other employees.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 20th day of July 1987 by the following
vote:
vote Members of the City Council
Ate: Gatto, Johnson, Plungy, Sparks
NOES: None
ABSENT: Rogers
ABSTAIN: None
/s/ Dorothy Cornelius
City Clerk
/s/ W. Reed Sparks
Mayor, City of Cupertino
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RESOLUTION NO. 7540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPE TINO
AMENDING RESOLUTION NOS. 6901, 5214 AND 7255
CITY ATTORNEY'S COMPENSATION
The City Council of the City of Cupertino resolves that Resolution
Nos. 6901, 5214 and 7255 are amended as follows:
Section 8. Retainer: The City Attorney shall receive a monthly retainer
from the City in the sum of $4,171.00 which shall be considered full
compensation for the purposes of contributions and withholdings with
respect to retirement, social security, income tax withholdings, and the
like. The monthly retainer shall be paid at the end of each month on the
payroll account of the City. Furthermore, the City shall contribute to
PERS retirement and health benefits in the same amount it does for regular
City employees. Furthermore, any rebate of PERS retirement contributions
shall be at the same rate as Classified Management employees of the City
of Cupertino.
Section 9. Additional Compensation: In addition, the City Attorney shall
receive the following contractual services compensation.
(a) Administrative.
To the extent that the collective time of the City Attorney and other
members of the law firm of the City Attorney, for the performance of
administrative services, exceeds thirty (30) hours in any one month
excluding the time spent at and preparation for regular and special City
Council meetings and Planning Commission meetings, the City Attorney shall
be entitled to receive additional compensation from the City at the rate
of $90.00 per hour.
(b) Litigation.
The City Attorney shall receive as a compensation for the performance
of litigation services, and for the litigation services of the Deputy City
Attorney and other attorneys of the law firm of the City Attorney,
compensation at the rate of $90.00 per hour.
Section 11. Overhead: Except as herein otherwise expressly provided, the
City Attorney shall pay for his own overhead, and that of the Deputy City
Attorney and other members of the law firm of the Attorney incurred at the
office located at 852 North First Street, Third Floor, San Jose,
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RESOLZJTION NO. 7540
California 95112 including but not limited to rent, telephone,
secretarial, bookkeeping, reception, postage, stationery, office supplies,
insurance, library, copying, taxes and licenses. Furthermore, telephone
calls in which there is no substantive conversation betweem the City
Attorney or a member of his firm and a City Council member or City staff
shall be considered part of the overhead costs. Nevertheless, the City
shall supply the City Attorney with "City of Cupertino" letterhead
stationery and envelopes and shall also pay for all costs incurred in
connection with maintaining the special municipal law library books owned
by the City which are on loan to the City Attorney.
Effective date of the above changes shall be the same date as for
other employees.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5 t h day of Jul; 1988 by the following
vote:
Vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
/s/ John M. Gatto
Mayor, City of Cupertino
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RESOLUTION NO. 7867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPS ITNO
AMENDING RESOLUTION NOS. 6901, 5214, 7255, and 7540,
CITY ATPORNEY'S COMPENSATION
The City Council of the City of Cupertino resolves that Resolution
Nos. 6901, 5214, 7255 and 7540 are amended as follows:
Section 8. Retainer: The City Attorney shall receive a monthly retainer
from the City in the stun of $4,401.00 which shall be considered full
compensation for the purposes of contributions and withholdings with
respect to retirement, social security, income tax withholdings, and the
like. The monthly retainer shall be paid at the end of each month on the
payroll account of the City. Furthermore, the City shall contribute to
PERS retirement and health benefits in the same amount it does for regular
City employees. Furthermore, any rebate of PERS retirement contributions
shall be at the same rate as Classified Management employees of the City
of Cupertino.
Section 9. Additional Compensation: In addition, the City Attorney shall
receive the following contractual services cation.
(a) Administrative.
To the extent that the collective time of the City Attorney and other
members of the law firm of the City Attorney, for the performance of
administrative services, exceeds thirty (30) hours in any one month
excluding the time spent at and preparation for regular and special City
Council meetings and Planning Commission meetings, the City Attorney shall
be entitled to receive additional compensation from the City at the rate
of $95.00 per hour.
(b) Litigation.
The City Attorney shall receive as a compensation for the performance
of litigation services, and for the litigation services of the Deputy City
Attorney and other attorneys of the law firm of the City Attorney,
compensation at the rate of $95.00 per hour.
Section 11. Overhead: Except as herein otherwise expressly provided, the
City Attorney shall pay for his own overhead, and that of the Deputy City
Attorney and other members of the law firm of the Attorney incurred at the
office located at 852 North First Street, Third Floor, San Jose,
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V 1
RESO=ON NO. 8167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOII]TION NOS. 6901, 5214, 7255, and 7540, AND 7867,
CITY AI'I'ORNEY IS CQMP'ENSATION
The City Council of the City of Cupertino resolves that Resolution
Nos. 6901, 5214, 7255, 7540 and 7867 are amended as follows:
Section 8. Retainer: The City Attorney shall receive a monthly retainer
from the City in the sum of $4,621.00 which shall be considered full
compensation for the purposes of contributions and withholdings with
respect to retirement, social security, income tax withholdings, and the
like. The monthly retainer shall be paid at the end of each month on the
payroll account of the City. Furthermore, the City shall contribute to
PERS retirement and health benefits in the same amount it does for regular
City employees. Furthermore, any rebate of PERS retirement contributions
shall be at the same rate as Classified Management employees of the City
of Cupertino.
Section 9. Additional Compensation: In addition, the City Attorney shall
receive the following contractual services compensation.
(a) Administrative.
To the extent that the collective time of the City Attorney and other
members of the law firm of the City Attorney, for the performance of
administrative services, exceeds thirty (30) hours in any one month
excluding the time spent at and preparation for regular and special City
Council meetings and Ply Ccnmuission meetings, the City Attorney shall
be entitled to receive additional ocempensation from the City at the rate
of $100.00 per hour.
(b) Litigation.
The City Attorney shall receive as a compensation for the performance
of litigation services, and for the litigation services of the Deputy City
Attorney and other attorneys of the law firm of the City Attorney,
cagDensation at the rate of $100.00 per hour.
Section 11. Overhead: Except as herein otherwise expressly provided, the
City Attorney shall pay for his own overhead, and that of the Deputy City
Attorney and other members of the law firm of the Attorney incurred at the
office located at 1740 Technology Drive, #250, San Jose, California 95110
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RESOLITT.'ION NO. 8167
including but not limited to rent, telephone, secretarial, bookkeeping,
reception, po:,-tage, stationery, office supplies, insurance, library,
copying, taxes and licenses. Furthermore, telephone calls in which there
is no substantive conversation betweem the City Attorney or a member of
his firm and a City Council mwLber or City staff shall be considered Part
of the overhead costs. Nevertheless, the City shall supply the City
Attorney with "City of Cupertino" letterhead stationery and envelopes and
shall also pay for all costs incurred in connection with maintaining the
special irrunicipal law library books owned by the City which are on loan to
the City Attorney.
Effective date of the above changes shall be July 1, 1990.
PASSED AND ADOPTED at a radar meeting of the City Council of the
City of Cupertino this Ind day of Jiily 1990 by the following
vote:
Vote MEmibers of the City Council
Ate. Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
. • � �<� 'JIB
/s/ Barbara A. Rogers
Mayor, City of Cupertino
/s/ Dorothy Cornelius
City Clerk
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