HomeMy WebLinkAboutMin - CC - 1993.06.07558
BURLINGAME, CAI.,,IFORNIA
,June 7, 1993
CALL TO
A duly not.iced regular meeting of the Burlingame City Council was
hefd on the above date in the City Haff Council- Chambers. The
meeting was caffed to order at 7:33 p.m. by Mayor Bud Harrj-son.
PLEDGE OF AIJI'EGI ANCE TO THE FI,AG
L.,ed by Peter Campanile. Broadway merchant.
ROI_,I-., CA]_,L
COUNCIL PRESENT:
COUNCI]-,, ABSENT :
HARRISON. KNIGHT, ]-,,EMBI, O' MAHONY, PAG]-,,IARO
NONE
The minutes of the Regul-ar Meeting of May 3. 1993 were amended on
the fifth page by Councifwoman Knight Eo show that council
approved fundj-ng the 101 freeway sign improvemenE from the 2
percent TOT (hotel- t.ax) funds, Councilwoman O'Mahony moved
approval with the change. Seconded by Councilwoman Knight,
carried unanimously. The minutes of the SEudy Meeting of May 5,
1993 were approved unanimously on motion of Councilman Pagliaro,
second by Councilwoman Knight.
PUB].,,IC HEARING -APPEAL FOR HEIGHT VAR]ANCE FO A NEW HOUSE AT
1359 BERN AL AVENUE
City Planner reviewed her memo of May 24, 1993 which recommended
council hol-d a public hearing and take action. Pat o'Connor is
request.ing a height variance in order to demol-ish tshe existing
one story house with detached garage and build a new two story
house with attached parking. The existing house )-s ).,757 SF (.29
FAR) . the proposed new house will- be 3,870.5 SF (.545 FAR) . The
two sEory house wj-l-l- be built over a partially below-gradegarage. The 1ot. slopes upward from fronE Eo back about six feet
with most of the rise at front of fot including a three foot
retaining wal-I at Ehe front property 1ine. The change in slope
is less than the 25 percent which would entitfe them to measure
height. from the 15 foot front setback line. On May 10, the
Planning Commission voted to deny the request. for a height
variance of 39 feet 5 inches for a new two story single family
resj-dence. The applicant appealed to council. Two letters were
received today in favor of the project. She responded Eo Coun-
cilwoman Knight's questions regarding FAR, about why this project
did not go to a Planning Commission study and her desire to see
more informaEion on existing structures on the property. Coun-
cilman Pagliaro asked about declining height measurements.
Councifwoman O'Mahony noted this application was received April 5
and was not subjecE Eo the new FAR rules.
Mayor Harrison opened the public hearing. The applicant said he
had lived in the city for 15 years and has five children, needslarger home; he introduced his architect ,Jerry Deal-. Deal- ex-plained a variance is a method to a11ow building on lots that
have exceptionaf circumstances whi-ch preclude development within
eslabl-ished standards; he fel-t this l-ot had exceptional circum-
stances; because of the upward slope of this l-ot it is difficuft
to buil-d a home under 35 feet in height when measured from thecurb. He said the ex.isting house and the house to the north
wouLd need variances to be built today. His client is willing to
reduce his roof to the same height as the two story house next
PRESENTATION OF PROCI,AMATIONS TO STUDENTS TRAVEI,ING TO AUSTRALTA
Mayor Harrison asked teachers Barbara Delbon and Kris Cannon to
introduce sLudents and te1l about their upcoming month-1ong trip
t.o visit eight cities in AusLra1ia. The mayor presented eighE
proclamations to them Lo present to each city's officials.
MINUTES
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door. Councilman Pagliaro asked about footprint of buildi.g;
Deal said it was 34.1' percent where 40 percent is allowed; Deal
illustrated how the roof tine could be reduced in height; he
showed overheads of plans and sl-ides of houses in the area with
slopes and nonconforming height; he responded to objections in a
let.ter from a neighbor to the Planning Commi-ssion; noted proposed
FAR is less than could be built under new law; he thought pro-
posed height was about the same as neighbor house. Councilwoman
Knight asked if there was room in attic to expand house; DeaI
said attic area might be used for storage but is not walk-in
height.
Richard Hoskinson, 1915 BroadwaY,project; commended the architect
type of change for improvement.
said he was in favor of this
and owner; liked to see this
Speaking in opposition was Charles Penner, 1-364 Bernal, across
the street from project; he said the 1ot.s across the street from
project are not downward sloping lots as the architect claimed;
he felt there was no justification to exceed code; project adds
mass and bulk and needs a variance to buiId. He requested
council denial.
Michael Bates, ]373 Bernal, next door to site; said the building
is sited forward of the l-ot and it will obstruct his view of the
neighborhood; was concerned about the large retaining wa11 needed
to buil-d below grade garage, and hoped there was a fence around
it; t.his is a terrific neighborhood with a nice mix of houses,
this proposal is too big; he hoped council would deny. Mayor
Harrison closed the public hearing.
Councilman Pagliaro considered a variance should be for something
exceptional about a property; as this project is proposed he
could find nothing except,ional; he suggested they reduce the
height by changing angle of roof and adding dormer windows; they
could move the house back on lot to reduce effect on neighbor;
could increase the footprint to compensate for reducing height;
he suggested denial without prejudice. Council- members agreed.
Councitman Pagliaro moved to deny without prejudice. Seconded by
Councilman Lembi, carried unanimously by ro11 call vote.
PUBI-,IC HEARING - ANIUSEMENT PERMIT FOR DICEY RII-.,EY I S IRISH PUB AT
22]- PARK ROAD
City Attorney reviewed his memo of May 19, 1-993 which recommended
council hold a public hearing and take action. The owners of
Dicey Riley's Irish Pub (formerly the PoIo CIub) plan to offer
traditj-onal Irish music and modern karaoke sing-a1ong. Police
report the prior owner has not had any problems. The karaoke
equipment was instal-l-ed and used by previous owner. Planning
department expressed concern about parking and noise, but since
there have been no problems with a similar use, he recommended
approval for a 90 day period, then placement on the annual review
list for amusement permits.
Mayor Harrison opened the public hearing. There were no comments
and the hearing was closed.
Councilman Lembi moved approval of an amusement permit for Irish
music and karaoke singing. Seconded by Councilwoman O'Mahony,carried unanimously by ro11 call vote.
PUBLIC HEARING - AIVIUSEMENT PERMIT FOR CASA NOSTRA RISTORANTE AT
327 LORTON AVENUE
City Attorney reviewed his memo of May 26, l-993 which recommendedcouncil hold a public hearing and t.ake action. The operators of
Casa Nostra request an amusement permit for band music designedfor an older audience, stand-up comics and limited karaoke. Theypropose hours from 8:00 p.m. to L2:00 Wednesday through Saturday.Planning note possible parking and traffic impacts, particularlywith the billiard club which was recently granted a parkingvariance and approved for across the street from this location;they also note previous complaints about noise from a previous
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tenant (Banyan eay). He noted Banyan Bay was principally a night
club while this current business is a family style restaurant.
Planning recommended hours be reduced to 11:00 p.m. on Wednesday
and Thursday. Po1ice report no problems and recommend approval.
He recommended council grant the permit for a period of 50 days,
by then the city can evaluaLe the noise, traffic and parking
impact and if there are no problems the restaurant can be placed
on the annual review list. Councilman Pagliaro said the appli-
cant's letter also mentioned an amateur night.
Mayor Harrison opened the public hearing. Since there were no
comments, the hearing was closed.
Councilwoman O'Mahony expressed concern because of the former
problems city experienced at this site under previous owner.
Councilman Pagliaro worried about, parking with the billiard club
also going into the area. Councilwoman Knight was concerned
about amplified music and adjacent residents, she could not
support this request. Council-man Lembi noted this is a family
style restaurant, he was willing to give it a 50 day trial;
parking at night has not been a problem. Council discussed
possible condition about litter pickup but noted this is not a
take-out style restaurant, perhaps a condition to keep exterior
perimeter of site clean. Councilman Lembi suggested staff write
l-etter to applicant about council's concerns.
Councilwoman O'Mahony moved approval of the amusement permit with
conditions: (1) permit is for live music and dancing, comedy
acts, karaoke and an amateur night from 8:00 p.m. to 11:00 p.m.
Wednesday and Thursday nights and from 8:00 p.m. to 1'2:00 mid-
night Friday and Saturday; Q) there be no amplified music that
can be heard off the property; (3) the perimeter of the property
be kept clear of litter; (a) the permit be reviewed in 60 days.
Seconded by Councilman Lembi, carried 3-2 on rol-l- call vote,
Councilmembers Knight and Pagliaro voting no.
PUBI-,IC HEARING - SECOND READING - ORDINANCE 1-485 - EXEMPTING
LIONS HALL FROM SMOKING REGULATIONS
City Attorney reviewed his memo of April 20 which recommended
council hold a public hearing and adopt the ordinance. Council
recently determined to exempt the Lions Ha1l, a city owned
building, from the new smoking regulations.
Mayor Harrison opened the public hearing. GIen Mendel-son spokein opposition. Leonard Ma, President of the Lions Club, spoke infavor; noted the hal-I is rented out to private parties which
might want smoking at t.heir events. The hearing was closed.
Councilwoman O'Mahony moved to adopt ORDINANCE 1485. Seconded by
Councilman Lembi, carried 4-1 on ro11 call vote, Councilwoman
Knight voting no.
Mayor Harrison cal1ed a recess at 9:10 p.m. The meeting recon-
vened at 9220 p.m. with all members present.
PUBL]C COMMENTS
Terry Huebner, 1,708 Davis, spoke about concerns about PeninsulaHospital; she wondered where our hospital tax money is going;
concern about merger of Penj-nsula with Mi11s, a private hospital;
concern about hospital board meetings being open to the public;
she asked council to work with Mil-lbrae and San Bruno council'sregarding the citizenst concerns about losing their hospital.
Mayor said he wrote to the hospital about these concerns.Christina Bruno, 1508 Davis, also had concerns; Mi1ls-Peninsula
has a parent company called California Health Care System whichalso owns several other hospitals; are they all going to merge;
who owns t.he land; concern about the open meeting 1aws.
Glen Mendelson, 475 Cumberland, asked about some legislati-on;
Mayor informed him that council had already contacted legislatorsabout support for these biIIs. Mendelson thanked council.
561,
Karen Key, 141-2 Drake and Chamber of Commerce representative,
spoke regarding the SamTrans letter, she noted they did not
inform t.he hotels about this bus line when advertising; discussed
shutt.l-e application. City Manager suggesEed chamber writ.e letter
to SamTrans about their concerns.
ANNUA! RENEWAL OF zu,1USEI4E][T PEBIIIJTE
Cj-ty Attorney reviewed his memo of May 21 which recommended
councif renew al-I amusement permits for one year. In ,June each
year we review all amusement permits to deEermine if there are
any problem establishments. Comments usually come from the
Pol j-ce Department and this year they recommend renewa] of al-L
permits for one year. There are L5 esEablishments which had
amusement permits due for renewai. Police reported the number of
hazardous caffs has dropped for the Ehird year in a row.
Council-woman Knight moved renewaL of the 15 Amusement PermiEs for
one year. Seconded by Councilman Lembi, carried unanimously.
COMMI SS ION APPI.,,ICATIONS
City Manager reviewed his memo of 'fune 3 which recommended
council schedule interviews for two applicant.s for the Civil
Service Commission and for five applicants for the l,ibrary Board.
Mayor Harrison and Councilwoman Knight are t.he int.erview team for
Civif Service; Mayor Harrison and Councilman Pagliaro are the
team for l-,ibrary. Council asked staff tso schedule interviews
before the next regular meeting.
MER S AND LIONS CI,UB
WINE AT BROADWAY FESTIVA],, .TULY 31 AND AUGUST 1, ].993
Cit.y Manager reviewed his memo of May 15 which recommended
council consider the requesE from t.he Broadway Merchants to hol-d
t.he seventh annual Broadway Street Festival- on July 31-August 1.
The request differs from prior years in that (1) all streets
crossing Broadway are to be cfosed and (2) beer and wine sal-es
are requested for two groups (last year only the Lions Club sold
beer and wine) . The polj-ce department met with the organizers
and recommend approval subject to conditions listed in their memo
including Ehe hiri-ng of five off-duty pofice to be paid by the
organizers.
Ednamae Campanile, applicant, said Ehey woufd fike to cl-ose
Broadway at California Drive to give better access to the Stana-
way parking fot where they plan a "restaurant row, " they wouldalso like to request one less police officer and the officers
work l-ess hours to reduce Ehe cosE to Ehe organi.zation. Police
Chief was opposed to closing Broadway aE California because it
woul-d lead to confusion at this very busy intersection. SEaffillustrated how t.he organizers could barricade half the street togive access to the parking lot without closing at. Broadway.Police Chief said merchants and Lions would spIit. t.he cost of thepolice officers; Campanile said the Lions would only have t.o pay
for one officer, she noted the merchantss beer and wine boot.h
would be on the street by the Stanaway parking 1ot., the Lions
woul-d have a booth closer Lo the other end of Broadway.
Councilwoman Knight said she would not support this request
because she sti11 feft as she did last year t.hat. people canbetter enjoy liquor in the bars and restaurants on that streeE;there were no problems last year wit.h alcohol sal-es, but withanother booth there is potential for problem. Council-man pagli-
aro al-so had problems with selling al-cohoI on t.he street but
because there were not probfems fast year and because of theextra police coverage he coul-d approve it. Councilman Lembi
not.ed last year there were people who spoke against this but noneare here tonight; he thought there could be fewer police hours t.oreduce the cost for applicants. There was lengthy discussion ofvarious hour configurations for police patrol, Councilwoman
OrMahony moved t.o approve this request with conditions l_isted anddiscussed tonight, addit.ionall-y that police work out. way Eo
562
reduce hours. Seconded by Councilman Pagliaro, carried 4-1 on
ro11 call- votse, Council-woman Knight voting no.
CONSENT CALENDAR
Regarding I'a n Counc j-lman L.,embi commented he was pleased Lo see
this ordinance to require spacing between newsracks. Regarding
"1' Council-man Pagliaro asked about the height and parking for
condo project at. 1499 Oak Grove; council members had questions
regarding exit requirements and the securitsy gate; about timing
of tshe construction work around the efementary school's student
arrival- and departure hours, noting this should be based on a
conversation wj-t.h the principaf and noEed on the building permiE;
and asked Public Works to be sure about two hour fire wal-fs.
There were a couple inquiries about items under "nrr Warrants and
Payroll . Councilwoman Knight asked communj-cation with those
residents in Burlingame Hifl-s regarding ucu the fire conEract.
INTRODUCTI ON F ORDINANCE 1.486 - REGU]-,AT NG SPACING OFa
b.
NEWSRACKS
City Attorney's memo of May 18 recommended council introduce
this ordinance and set hearing on ,June 21. our current
ordj-nance does nothing about the grouping or disEance be-
tween free-standing newsracks. There are several- l-ocaEions
where there is a virtual walf of racks. This ordinance
would require separation of 35 inches beEween racks and
limit groups to a maximum group of four racks.
RESOLUTION 328-93 -AMENDING,JOINT POWERS AGREEMENT WITH
c
C/CAG FOR STORM WATER CRITERI A. (NPDES )
Cj-ty Manager recommended approval of a proposed amendment. to
the ,JPA to give C/CAG responsibility for managements of t.he
State and federally mandaEed storm water program as outlined
in a letter from c/cAG chair dated May 5, 1993.
RESOLUTION 33-93 - REVISING C RACT WITH COUNTY FOR BURI,IN.
d
GA]VIE HILLS lRE SERVICE
Public Works memo of May 7 recommended
agreement with Testing Engineers in the
for testing and inspection service.
council
amount
approve thj-s
of $19,s00
f
Publj-c Works memo of l4ay 26, 7993 recommended council
accepL this job as completed by General Lj-ghtj-ng Service for
a fj-nal cost. of $22,870.
g. EMERGENCY REPAIRS OF SEWER LINE AT 21 EL OUANITO - CP 9305
Public works memo of May 28 informed council- that on April-
l.4, 1-993 sewer crews responded to a sewer overflow to the
rear of 21 Ef Quanito. They found a landsl j-de condition had
e
City Managerrs memo of May 11 recommended council approve
this revision for primary fire protection and emergency
response Eo the Burlingame Hi11s area, Annual- revenue to
Ehe city for providing services will increase from $15,000annually Eo $74,500 plus growth in future assessed val-ues.
RESO].,,UT]ON 34 - 93 - AUTHORIZING AGREEMENT FOR TESTING AND
INSPECTION SERVICE FOR THE 1993 STREET RESURFACING PRO'JECT -
cP 2L7
RESOI-,UTION 35-93 - REVISING CITY CONTRIBUTION FOR RETIRED
EMPLOYEES I HEAI,,TH ]NSURANCE
Personnel's memo of May 6, f993 recommended council adopt a
resolution increasing contributions to retired members'
hea1tsh insurance effective August. 1, 1993. The estimated
costs of retiree health insurance in l-993 is $421-,000.
RESOLUTION 36-93 - ACCEPTING COMPLETION OF WASHINGTON PARK
BA].,,I,,F I E]-,,D I-,]GHTS - PHASE 2 - CP 9216
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h.
occurred, whj-ch shiftsed the sewer pipe out of a1j-gnmenE and
breaking the pipe as well as damaging an existsing redwood
deck. Ten residences upstream use this sect.ion of sewer
Iine. The City Engineer evaluated the site and ordered a
t.emporary sewer be constructed, A geologist was contacted
t,o determine the potential for future slide and recommended
t.he sewer be abandoned and rerouted. On May 2 staff pre-
pared plans and specs to reroute the sehrer into the streeE
area and submiEted these to six pipeline contractors ap-
proved by staff who were available for emergency repaj-rs.
Bids were opened May 2l and t.he low bidder was Manuel C.
,Jardim, Inc wiEh a bid of $25,742. AddiEional projects will
be required to reroute two more houses.
FA E TRANSPORTATION PROGRAM CON
l-
]TY IMPROVEMENT PROGRAM FOR
BRIDGE
Public Worksr memo of ,June 2. 1993 recommended council adopt
three resolut.lons approving applicatj-ons for federal/staEe
funding under the ISTEA and approving requirement for match-
ing city funds. City projects submitsted for ISTEA funding
are Trousdale, Skyline, and California Drive repaving,
Rol l ins /Cadi1lac/freeway signals, AirporE B1vd. reconsEruc-
tion and Beach Road bridge; for TEA funding, Airport Bl-vd
bike/ped l-anes and reconsEruction and Beach Road bridge; and
for RTSOP funding, the Broadway traffic signal j-nterconnect
from Californj.a to Rol-l-ins and the Bayshore Eraffic signal
interconnect from MiEEen to Mahler. ProjecE.s recommendedfor funding by MTC are the Beach Road bridge and t.he Broad-
way traffic signal interconnect. CiEy matching funds total-
$38,000 for t.hese two projects.
D ENIAL OF C LAIMS: (1) SANDRA TRAUB; (2) WILLIAM SCOTT AND
BYRGAN INC.
City Attorney's memos of
recommended council deny
May 26 and May 17 respectively,
t.hese claims.
J SPECIAL ENCROACHMENT PERMIT FOR FLOWER RACKS ON WALL AND A
ROLL.UP GATE AT 303 PRIMROSE ROAD
Public Worksr memo of May 28 recommended council approve thepermit. wit.h standard conditi.ons and two additional condi-tions that flower racks be removed at end of each day andthat t.he gaEe be removed and placed inside structure whenthis use ceases.
TEN TATIVE PARCEL MAP TO COMBINE TWO LOTS AT 1017 AND 1025k
I
ROI-,I,INS ROAD
Public Works' memo of ,June 2 recommended counciL concur withlhe Planning Commission and approve this tenEative mapsubject Eo condiEions.
RESOLUTION 3 7 _ 93 - APPI.,,YING FOR FUNDS FOR TRANSPORTATION
ENHANCEMENT UNDER THE INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT OF 1991 FOR BEACH ROAD BIKE/PED BRIDGE;
RESOLUTION 38-93 - APPROVING APPI,ICATION FOR FUNDS FOR
REGIONA].,, TRAFFIC SIGNALIZAT]ON/OPERATTONS PROGRAM (R-TSOP) ;
RESOLUTION 39-93 - INTENT WITH REGARD TO CITY FUNDS AND
TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AND
TENTATIVE CONDOMINIW MAP FOR 16 UNITS AT 1499 OAK GROVE
Public Worksr memo of ,June 2 recommended council concur withPlanning Commission and approve these tentative and final
maps and tentative condo map, This project was originally
approved by the PJ-anning Commission and council in 1990 andthose maps have expired; the only change is to add dj-sabledaccessible parking and other minor code revisions.
564
m TENTATIVE CONDOMINIUM MAP FOR SIX UNITS AT ]-13 ANITA ROAD
Public Works' memo of ,fune 2 recommended councif concur with
the Pl-anning Commission and approve this map subjecE tso the
condiEion of submit.ting final map wj-thin 30 days.
WARRANTS AND PAYROLL
Councilman I-,embi moved approval of the Consent Calendar'
ed by Councilwoman Ihight and carried unanimously.
n
c/CAGt Councilman Pagliaro reporEed
letter from Airport Director Turpin.
second thoughts about their approval
Mayor Harrison commented on the
employee dismissal and the need
E ions .
Finance Director recommended approval of warranLs 26274
26740, duly audited, in Ehe amount of $1,20L,084.74 and
Payroff Checks 55855 - 56599 for the month of April 1993
the amount of $1,149.11-5.13.
Second -
on the recent meet.ing and a
some cities are havingof tshe Airports MOU.
Civil- Service discussion of an
for improved employee evalua-
l-n
COUNCII, COMM TTEE REPORTS
Legislative Committee, Criminal ,Justice and TSM Board: Council-
woman Knight told about recent legisIatsive, criminal jusEice and
TransportsaEion Syst.em Management Board (TSM) activity.
Emergency Services and Airports RoundtabLe:
revi.ewed activi-ties on these bodies.
Councilwoman O ' Mahony
NEW BUSINESS
Mayor announced our eity would hosE the nexE Council of Citsies
meeting and he hoped all council members would atEend' He asked
the Traffic Commission to l-ook at intersecEion of North Lane and
Carolan going north j-n tshe left turn l-ane.
Mayor announced Radisson has taken over the sheraEon Hotel sj-te,
they are doing extensive renovating and he asked staff to cooper-
ate with their request to cover the Sheraton sign wj-tsh a Eempo-
rary sign while they awaiE new signage. Councj-I members said
they would l-ike to see what Radisson is proposing.
Councilwoman Knight asked the Traffic Commissj-on to look at
trucks parking on Rollins and blocking sighE. line from driveways.
ACKNOWI.EDGEMENTS
Commission Minutes: Senior, lqay 29: Park and Recreation,
May 20; Traffic, Safety and Parking, May 13; Library Board,
Aprj-1 20; Civil Service, April l-3; Planning, May 10 and May
24, 7993 .
b Department. Reports:
1993.
Treasurer, April 30; Police, April
Procl-amation: Honoring Sj-ster Amy Bayley on her Retirement
from Mercy High School .
Letstser from Samtrans regarding bus routse 34D and shuttle.
Letter from SAMCEDA regarding traffic management.
Letster from Burlingame Homeowners
speak at their meetings.
asking for city staff to
d
f
City Manager explained an earlier letter was received t.oo l_atefor acknowfedgement on the last meeting agenda. Councifwoman
O'Mahony would l-ike service to extend to communit.y during workinghours and available equally to all residents. CouncilwomanKnight said a Bill Reil1y, Fire Marshal, explained the roofing
a
565
g
h
1
laws t.o that. group, the presentation was well received and there
was benefit from having more factual information. City Manager
noted he did not want to subject, staff to situations where they
would be asked to address policy issues, Lf a request comes infor a part.icular topic such as the benefit of fire retardantroofs and staff is wi11ing, he would approve the request or cometo council for direction.
Letter from Peninsula Habitat for Humanity regarding build-
ing Iow-cost housing if city donates 1and.
Letter from Marilyn Short regarding her previous letter.
Letter from Elizabeth Carlson regarding traffic on Bays-
water.
Letter from Mrs. Huebner regarding Peninsula Hospital.
Mayor noted she spoke earlier in the meeting.
I-,etter f rom Belmont resident upset for parking meter ticket.
Letter from Matt Nassiri, Precision Dental, regarding traf-
fic hazard on Ro11ins.
CLOSED SESSION
Mayor Harrison adjourned to a closed session on labor negotia-
tions at 10:45 p.m.
ADJOURNMENT
The meeting was regularly adjourned at 10:58 p.m
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'Judith A. MalfCity Cl-erk
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