Minutes 1987/11/16
5572
Posting
Agenda
Roll Call
Intro.Emp.
Emp.Awards
Cert.Serv.
Family Wk.
Consent
Calendar
Minutes
Improvements
Bids re:
Museum
Gen.Elec.
11-3-87
Res.87-77
Regular Meeting
November 16, 1987
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
November 12, 1987 at 9:25 a.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Larry Mussallem, Paul V. Kloecker, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta Hughan - 8:04 p.m.
J.....-...'."
. ... ...,
The Mayor introduced new employee: Frank Rainone, Building
Inspector.
The Mayor presented Employee of the Month Awards for
October, 1987 to Andy Holiday, Fire Engineer"and Morris McHenry,
Fire Captain, who further explained the Department's Fire
Prevention Program presented to all of the local schools.
The Mayor noted a Certificate of Service prepared for
Retired Library and Culture Commissioner, Debra Nelson, not
present in the audience.
The Mayor presented a Certificate of Service to Retired
Planning Commissioner, Leonard A. Hale.
The Mayor presented a Proclamation proclaiming "Family
Week" November 22-18, 1987 to Ms. Kim Cantrell.
Heard from the Bishop of the Church of Jesus Christ of
Latter Day Saints in regard to Family Week and a Book on Family
Home Evening Resource was distributed to each Councilmember.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan.
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Approved the Minutes of the Regular Council Meeting of
November 2, 1987;
Accepted the following Improvements as recommended: Mark &
Deborah Davis, 8465 Taryn Lane; Carlson Office Bulding; and
Northwest Quad Sewer Main Trunk.
City Administrator Baksa presented a recommendation to
award the bid of F. Oliveira Construction, Salinas, in the amount
of $32,606.00 for the Museum Basement Wall Waterproofing and
Drain Improvements.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the bid of F. Oliveira Construction,
Salinas, in the amount of $32,606.00 be awarded for the Museum
Basement Wall Waterproofing nd Drain Improvements as recommended.
The Mayor noted the Registrar of Voter's Official Canvass
for the November 3, 1987 General Municipal Election.
Motion was made by Councilwoman Albert seconded by
Councilman Valdez that the reading of Resolutin No. 87-77 be
waived and that it be adopted.
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RESOLUTION NO. 87 - 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL
MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN
THE CITY OF GILROY ON NOVEMBER 3, 1987.
RESOLVED, by the City Council of the City of Gilroy,
California that;
WHEREAS, by order of this Council a general municipal
election was held and conducted in the City of Gilroy and
consolidated with the General District Election, on Tuesday,
3rd day of November, 1987 as required by law and the Charter
said City as amended;
5573
the
of
"...
WHEREAS, it appears that notice of said general election
was duly and legally given' voting precincts were properly
established; election officers were appointed and election
supplies furnished; and in all respects the election was held and
conducted and the votes cast thereat received and canvassed, and
the returns thereof made, determined and declared in time, form
and manner as required by the Charter of said City as amended and
the general laws of the State providing for and regulating
municipal elections in said City;
....
WHEREAS, the Registrar of Voters did conduct the canvass of
the returns of said municipal election and did count the absentee
ballots cast thereat, pursuant to direction and order of the City
Council of said City: and
WHEREAS, said canvass was duly completed and the results
thereof were certified by the Registrar of Voters and submitted
to this Council.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as
follows:
1. Said municipal election was held and conducted in the
City of Gilroy, County of Santa Clara, State of California and
consolidated with the General District Election held throughout
Santa Clara County on Tuesday, November 3, 1987 in the time and
in the form and manner as required by law.
--
2. That there were established ten (10) voting precincts
for the purpose of holding said municipal election consisting of
either regular election precincts established for holding state
or county elections, or a consolidation of some or all of such
precincts, as follows:
~
CONSOLIDATED PRECINCT NO. 3951, comprlslng state and county
precincts designated Precinct Numbers 3951 and 3969 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3955, comprising state and county
precincts designated Precinct Numbers 3952, 3955 and 3973 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3959, compris~ng state and county
precincts designated Precinct Numbers 3957 and 3959 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3960, comprising state and county
precinct designated Precinct Number 3960 as established by the
Santa Clara County Board of Supervisors.
'.,
CONSOLIDATED PRECINCT NO. 3961, comprising state and county
precincts designated Precinct Numbers 3958, 3961, 3962 and 3963
as established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3964, comprising state and county
precincts designated Precinct Numbers 3964 and 3967 as
established by the Santa Clara County Board of Supervisors.
jIIIII\
I
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CONSOLIDATED PRECINCT NO. 3965, comprising state and county
precincts designated Precinct Numbers 3954, 3965, and 3974 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3966, comprising state and county
precincts designated Precinct Numbers 3953, 3956, 3966 and 3972
as established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3968, comprising state and county
precinct designated Precinct Number 3968 as established by the
Santa Clara County Board of Supervisors.
5574
CONSOLIDATED PRECINCT NO. 3970, comprlslng state and county
precinct designated Precinct Number 3970 as established by the
Santa Clara County Board of Supervisors.
3. The canvass of the returns of the votes cast and the
counting of absentee ballots cast in said City for the offices of
Mayor and City Councilmembers was duly held by the Registrar of
Voters in accordance with the order of the Council and in
accordance with law and said Registrar of Voters has executed a
certificate certifying to the results of such canvass, which
certificate is hereto attached, marked Exhibit "A" and by this
reference is made a part hereof. Said certificate has been
examined and is hereby approved and adopted by this Council as
the official canvass of said municipal election.
,
.."
4. The whole number of votes cast in said City of Gilroy
at said municipal election was 3,694 (including 93 absentee
votes).
5. The names of the persons voted for, the offices for
which they were voted, the number of votes received by each of
said persons in each of said precincts and by absentee votes, are
shown on said Exhibit "A", hereto attached.
6. At said general municipal election held in the City of
Gilroy and consolidated with the General District Election held
throughout Santa Clara County on November 3, 1987, the following
persons were elected to the following offices:
ROBERTA HOWSON HUGHAN was elected Mayor of the City Council
to hold office for a term of four years, from and after Monday,
November 16, 1987, and continuing until her respective successor
shall qualify.
LARRY MUSSALLEM was elected a member of the City Council to
hold office for a term of four years, from and after Monday,
November 16, 1987, and continuing until his respective successor
shall qualify. ...
LEONARD A. HALE was elected a member of the City Council to --
hold office for a term of four years, from and after Monday,
November 16, 1987, and continuing until his respective successor
shall qualify.
PAUL V. KLOECKER was elected a member of the City Council
to hold office for a term of four years, from and after Monday,
November 16, 1987, and continuing until his respective successor
shall qualify.
7. The City Clerk is hereby directed to make out and
deliver to each of the persons elected a certificate of election
signed by her and duly authenticated. She shall also impose the
constitutional oath of office and have them subscribe thereto.
8. That the City Clerk be, and she is hereby, instructed
to enter this resolution in full in the minutes of this Council
as a statement of the result of said general municipal election.
PASSED AND ADOPTED this 16th day of November, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM
PALMERLEE, VALDEZ and HUGHAN.
None
None
....
J
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
/s/ ROBERTA H. HUGHAN
Mayor
ATTEST: /s/ SUSANNE E. STEINMETZ
City Clerk
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".,....
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3951-PCT 3951
3955-PCT 3955
3959-PCT 3959
3960-PCT 3960
3961-PCT 3961
3964-PCT 3964
3965-PCT 3965
3966,PCT 3966
3968-PCT 3968
3970-PCT 3970
,
I
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EXHIBIT "A"
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
5575
I, George A. Mann, Registrar of Voters of the County of
Santa Clara, State of California, do hereby certify that at the
Consolidated Election held on November 3. 1987, a General
Municipal Election consolidated therewith, was held in the City
of Gilroy for the purpose of electing a Mayor and three members
to the City Council by the voters of said City;
That the official canvass of the returns of said election
was conducted by the office of the Registrar of Voters in
accordance with the appropriate provisions of the Elections Code
of the State of California; and
That hereto attached is a full, true and correct statement
of the votes cast at said General Municipal Election.
WITNESS my hand and official seal
this 9th day of November, 1987.
/s/ GEORGE A. MANN
Registrar of Voters
SEAL
CONSOLIDATED ELECTIONS, November 3, 1987
CITY OF GILROY - MAYOR - VOTE FOR 1 - CITY COUNCIL - VOTE FOR 3
R
E
G
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S
T
R
A
T
I
o
N
B
A
L
L
o
T
S
C
A
S
T
1473 392
1286 456
1572 479
822 234
1566 286
lln 392
1496 449
1582 587
7 2
905 324
ABSENTEE TOTALS 11886
GRAND TOTALS 11886
******
93
3964
R
o
B
E
R
T
A
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o
W
S
o
N
T
U
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26.6 256
35.4 319
30.4 336
28.4 161
18.2 187
33.3 292
30.0 321
37.1 395
28.5 2
35.8 261
0.7 54
31.0 2584
R
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A
L
E
132 230
122 308
133 259
69 146
91 162
86 253
121 258
172 367
o 1
59 208
30
1015
59
2251
The Mayor adjourned Sine Die.
P
A
U
'L
V
K
L
o
E
C
K
E
R
197
259
283
140
105
221
245
325
1
146
52
1974
D
o
N
N
A
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A
V
A
S
206
196
258
105
162
156
219
258
o
175
31
1766
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45
1438
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162
168
164
120
110
158
183
203
2
123
231
290
285
137
159
237
287
379
2
210
64
2281
5576
Roll Call
MayorPro-
tempore
Pub.Hear.
G. Filice
Gen. Plan
Amendment
Pub. Hear.
Rezoning
B.Rowlison
Intro.ord.
Pub.Hear.
Zoning Ord.
Text Amend.
The City Clerk swore in the Councilmembers elect and
presented them with Certificates of Election.
The Mayor presented a Certificate of Service and gift to
retired Councilwoman Albert.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that Councilman Palmerlee be selected as
Mayor Protempore.
The Mayor stated that it was the time and place scheduled
for a continued Public Hearing to consider a General Plan Amend-
ment request from Open Space to General Services Commercial on
property located at 5480 Monterey Highway, on approximately 27
acres, Gennero Filice, applicant. (GPA 86-2) (Continued from
the 5-18-87 Regular Council Meeting.)
-,
.J
A request from the applicant to continue the public hearing
for six months was noted.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the Public Hearing be continued to May
16, 1988 as requested.
The Mayor stated that it was the time and place scheduled
to consider a rezoning request from R1 (Single Family Residen-
District to R3 (Medium Density Residential) District located at
9055 Kern Avenue, North of Ramona Way on the West side, on
approximately 2.4 acres, Bruce Rowlison, Applicant.
The Staff Report was noted and explained by Planning
Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. ,
Mr. William K. Henry, Civil ~ngineer, addressed the Council ..
noting that he was present to answer questions on behalf of the
applicant.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no response from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the reading of the proposed ordinance
be waived and that it be introduced and published by title and
summary approving the rezoning requested.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a Zoning Ordinance Text Amend-
Amendment Initiated by the City of Gilroy for several areas of
the Zoning Ordinance, including definitions (Basement, Care-
taker's Quarters [or Residence], Neighborhood Recreational Facil-
ity, Swimming Pool, Spa, and Story), Residential Use Table, Off-
Street Parking Requirements, Fences and Obstructions, Swimming
Pools, Sign Regulations, Accessory Buildings and Major Variances.
The Staff Report was noted by Planning Director Dorn and
further explained by Senior Planner Myer.
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Discussion was had by Council on the proposed amendments.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed amendments. There was no
comment from anyone in the audience. The Mayor closed the Public
Hearing.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Gage and carried that the reading of a proposed ordinance
approving the Zoning Ordinance Text Amendments as recommended to
include prohibiting barbed wire and cyclone fencing in any area
visible to any public right-of-way in C1 and C2 Districts.
So. Valley
Hosp. re:
Act
Res.87-78
"..
~
Mgmt.Serv.
Inst.-Bus.
Syst.
"..
....
Xmas Dec.
Jt.So.Co.
Plan. Prog.
""..
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5577
A request to certify cancellation of the Land Conservation
Contract under the Williamson Act for South Valley Hospital Wm.
property was noted.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that it hereby certified the Land Conservation
Contract No. 71.147-001 to be cancelled and authorized the Mayor
to execute the Final Certificate of Cancellation as requested.
Councilman Hale did not vote on the motion due to a conflict of
interest on the matter.
It was noted that the Applicant of Urban Service Area
Application 87-4 and Staff had not completed the deferred
annexation and development agreements requested by Council and
that Council action on this matter is continued to the next
regular Council Meeting.
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 87-78 be
waived and that it be adopted denying Urban Services Area
Requests 87-1; 87-2 and 87-3.
RESOLUTION NO. 87 - 78
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING NO
MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY
WITHIN THE COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 16th day of November, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN.
None
HALE
City Administrator Baksa recommended that discussion on
Management Services Institute re: Municipal Business Systems
be deferred to the January 19, 1988 Regular Council Meeting.
Council requested that a study session be set for
additional discussion by Councilmembers prior to the January 19,
1988 regular meeting.
A Staff report on City's costs to install and remove
electrolier Christmas decorations was noted and further explained
by City Administrator Baksa.
Dr. Philip Buchanan, addressed the Council, further noting
the cost of the decorations and additional added this year for
the City complex and Medical Center. He also noted that they are
stored by the School District and he repairs those in need of
repair.
Discussion was had by Council on the matter. Motion was
made by Councilman Kloecker seconded by Councilman Palmerlee and
carried that the City would install and remove the electrolier
Christmas decorations; that next year the Chamber would be
required to pay 50% of the cost if they wished to receive this
service.
Council noted reconciliation report from the Joint South
County Planning Program further explained by City Administrator
Baksa.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that all of the Staff recommendations be
approved as presented, specifically to direct that an Environ-
mental Impact Report be prepared for the Joint South County Plan;
that four Gilroy representatives be appointed to Phase II of the
Joint South County Planning Program; and that Staff be directed
to prepare a work program for implementing the Joint South County
Plan.
The Mayor noted that Connie Rogers and John E. Pate had
agreed to continue as Gilroy representatives. Councilmembers
Valdez and Kloecker were requested to advise the Mayor if they
wished to continue as representatives.
5578
Appeal-
Ford's Bldg.
LATP Sewer
Allocation
(The Mayor deviated from the regular order of the agenda in order
to accommodate interested persons in the audience.)
An appeal of Dan D. Palmerlee on the decision of the
Planning Commission regarding Ford s Department Store was noted.
The Staff Report was noted and further explained by
Planning Director Dorn.
Mr. Harold Hyde, Sr. Vice President of Fords, addressed the
Council and further explained the reasons for deviation from the
original approved plans.
Mr. Leo Estrada, Architect representing the applicant,
addressed the Council further explaining reasoning for the
changes in the original approved plans. He noted that they would
be willing to abide by what is determined by the City Council.
J
Ms. Sharon Albert, Chairperson of the Historical Heritage
Committee, addressed the Council noted the conditions required by
the Committee and the Planning Commission that were not met.
Planning Commissioner Cooper addressed the Council noting
that the Planning Commission's action and decision was based upon
what was workable.
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried that Ford's Department Store be
required to cover the aluminum window frames, including doors
both inside and out with wood material approved by Staff and the
Historical Heritage Committee.
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and failed, to require an attractive four
foot in width canopy of the Ford Building. Councilmembers: Hale,
Gage, Mussallem and Valdez voted "no" on the motion.
The Planning Commission's decision to allow one foot mould-
ing to be placed along the Ford's Building on the wall between
the first and second stories instead of the previously required
canopy. Moulding to be used as displayed by Ford's to the
Planning Commission and not disapproved by the Council.
....
,
....,
(The Mayor returned to the regular order of the agenda.)
A letter from Beverly Hills Savings regarding Sewer Alloca-
tion for Las Animas Technology Park was noted. Staff recommended
that this request be denied.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the request of Beverly Hills Savings
regarding sewer allocation for Las Animas Technology Park be
denied as recommended.
The following information items were noted:
Proclamations issued by Mayor Hughan: International REACT
Month, November 1987; Bill of Rights Week - December 13-19, 1987;
and Adoption Awareness Week, November 22-28, 1987;
Senator Henry J. Mello re: Introduction of Legislation for
1988 Session;
....
Planning Staff Approvals, dated October 29, 1987;
......
Gilroy Visitors Bureau July, August and September 1987
Financial Statements; 86-87 Activities; July, August 1987
Activities; 87-88 Action Plan; and July 2nd, August 6th, October
1st and November 15, 1987 Minutes of Meetings;
Schramm & Raddus, Attorneys re: Mobilehome Rent Control;
Applications for City Boards and Commissions for
appointments to be made December 21, 1987 Regular Council
Meeting.
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r-
~
[
Commission
Apptmts.
Lib. & Cult.
10-13-87
P & R Com.
10-27-87
JPA Com.
10-13-87
STP Lands
Salary Fund
Caltrans
Commute Servo
Staff
Retreat
Jt .Meet.
5579
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the deadline to submit applications
for the respective Boards and Commissions be extended to December
1, 1987 - 5:00 p.m. to include the Historical Heritage Committee
vacancies not previously noted.
Santa Clara Valley Water District appointment of Councilman
Mussallem as Representative on the South Flood Control Zone
Advisory Committee and City Engineer Allen and Director of Public
Works Cox as Alternates;
Gilroy Teachers Association re: American Education Week
November 21, 1987- and
Santa Clara County Greenbelt Coalition re: County Open
Space Program.
The Minutes of the Library and Culture Commission Meeting
of October 13, 1987 were noted.
The Minutes of the Parks and Recreation Commission Meeting
of October 27, 1987 were noted.
The Minutes of the Senior Advisory Board Meeting of
September 21, 1987 were noted.
The Minutes of the Gilroy Golf Course Advisory Board
Meeting of September 8, 1987 were noted.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of October 13, 1987 were noted.
A letter to Albert T. Henley regarding Filing an SB 90
Challenge regarding Gilroy Wastewater Treatment Plant, approved
by the Joint Powers Sewer Advisory Committee was noted and
further explained by City Administrator Baksa.
1 t.}; Moti~ was m~~bY Councilman Gage seconded by Councilman
p Q.F\ It.~ rl"',
Mussallem~t at the ity Attorney be authorized to file litigation
jointly with others in this suit as recommended to recover a
state mandated cost.
City Administrator Baksa recommended deferring discussion
of Land/Buffer around the Sewer Treatment Plant to an agenda item
on a tentatively scheduled Joint Gilroy-Morgan Hill Council Study
Session of November 30, 1987 in Morgan Hill.
Council requested that the City Clerk verify this meeting
with the Morgan Hill City Clerk.
City Administrator Baksa presented and explained a Salary
Fund Distribution report noting that an Administrative or Fringe
Benefit Distribution Study is proposed. He further noted that
$300,000.00 had been cut in the Capital Improvement Program for
1987-88 and that same will be prioritized in the 1988/93 Capital
Improvement Program.
A letter from Caltrans to the Santa Clara County Transpor-
tation Agency was noted re: including Gilroy in their Peninsula
Commute Service maintenance facility project if necessary funds
can be obtained to add to the EIR.
City Administrator Baksa noted the recent Staff Retreat
held at Asilomar.
Councilman Gage reported that Ms. Linda Callon, (City's
Legal representative) gave an excellent presentation at the
November 13, 1987 Sewer EIR Court hearing.
The City Attorney noted that the Council's rights to pri-
vacy regarding litigation law has been amended, effective January
1, 1988.
The Mayor noted the Joint Gilroy/Morgan Hill Council Study
Session tentatively scheduled for November 30, 1987 in Morgan
Hi 11.
5580
Admrnmt.
'"
At, 10:39 p.m. the Mayor adjourned-the meeting for a brief recess
and Closed Session re: Initiation of Litigation in accordance with
Section 54956.9 (c) of the Government Code (State Board of Equalization
issue).
At 11:08 p.m. the Mayor reconvened the meeting.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the law firm of Berliner, Cohen & Bia-
gini be hired as attorneys in a possible litigation suit against
the State Board of Equalization regarding the Sales Tax Issue and
request to meet with Council at their earliest convenience.
At 11:09 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
-Lf~f::~d k;..d:
~~usanne E. Steinmetz~~