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M 09-06-83TOWN OF LOS GATOS TOWN COUNCIL MEETING SEPTEMBER 6, 1983 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:50 p.m., in regular session. ROLL CALL PRESENT: Terrence J. Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura ABSENT: Joanne Benjamin. Mrs. Benjamin arrived at 8:20 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mayor Ventua stated Council met on Closed Session prior to the Council meeting and discussed personnel issues and labor relations. PRESENTATION It was noted the Ambassador Girl Scouts just returned from their trip to Europe and are in attendance at the Council meeting. Julie Nunez representing the group presented Mayor Ventura the following: A book entitled "The City Westminister" received from Councilwoman Sitwell, Lord Mayor of Westminister, London. A book from Deputy Eric Kean on Edinburgh, Scotland and a picture of Aldoben, Switzerland received from Mr. Aellig. The two books are to be placed in the Town Library and picture to be hung in the Town office's. Ms. Nunez stated the Ambassador Girl Scouts had the privilege of presenting Keys to the Town of Los Gatos to the above dignitaries. EX-AGENDA ITEM Mrs. Rasmussen moved to add agenda item 4(i). Mayor Ventura seconded. Carried unanimously. PROJECT 262-SD MONTCLAIR STREET STORM DRAIN Action on this project was delayed to later agenda item No. 47. STREET RESURFACING PROJECT 289 The Town Manager reported that five bids had been received ranging from low bid of $235,148.00 to a high bid of $286,629.00. Mrs. Rasmussen moved to accept staff recommendation and award the bid to low bidder, O'Grady Paving, Inc., in the amount of $235,148.00 and authorize the Mayor to sign the contract on behalf of the Town. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) 1. Letter from the City of Santa Clara regarding support of FEMA facility in Los Gatos. Mr. Ferrito moved to note and file. Mr. Daily seconded. Carried unanimously. 2. Letter from Laurie Winstead regarding Westerner Swim School. This letter considered at September 19, 1983 meeting. 3. Letter from Mayor McEnry regarding proposed deannexation of Mascoli property from the City of San Jose. Mr. Ferrito moved this be referred to staff and Mayor for follow-up. Mr. Daily seconded. Carried unanimously. 4. Letter from City of Gilroy regarding Use of Interstate Rehabilitation Funds. It was duly moved and seconded this be referred to staff for recommendation. 5. Petition from John Dahl, et al., regarding traffic and parking procedures on Nino Avenue. Duly moved and seconded that this be referred to staff for report. 6. Letter from Walter B. Frank requesting revocable permit for the use of right-of-way and landscaping of Town of Los Gatos property as approved by the Planning Commission in subject A-83-31. Mr. Ferrito moved that request be referred to staff for report at the meeting of September 19, 1983. Mr. Daily seconded. Carried unanimously. COMMENDATION Mr. Ferrito moved to adoption of Resolution No. 1983-168 entitled, A RESOLUTION COMMENDING DENNIS BURROW. Mr. Daily seconded. Carried unanimously. CLASSIFICATION PLAN AMENDMENT Mr. Ferrito moved for adoption of Resolution No. 1983-168 entitled, A RESOLUTION ONT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO TOWN'S POSITION CLASSIFICATION PLAN. Mr. Daily seconded. Carried unanimously. MONTHLY PLANNING REPORT Mr. Ferrito moved to accept the Planning Department's report for the month of September. Mr. Daily seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARING Information for Council. AMENDMENT OF ZONING ORDINANCE RE FRATERNAL ORGANIZATIONS Mr. Ferrito moved to accept staff recommendation and continue adoption of said Ordinance to September 19, 1983. Mr. Daily seconded. Carried unanimously. WORK STUDY PROGRAM-UNIVERSITY OF BERKELEY Mr. Ferrito moved for adoption of Resolution No. 1983-170 entitled, A RESOLUTION AUTHORIZING WORK STUDY PROGRAM OFF-CAMPUS PROJECT AGREEMENT WITH UNIVERSITY OF CALIFORNIA, BERKELEY. The Town Manager is authorized to sign on behalf of the Town. Mr. Daily seconded. Carried unanimously. DATACOM SYSTEM CORP. RENEWAL AGREEMENT Mr. Ferrito moved for adoption of Resolution No. 1983-171 entitled, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE USE OF DATACOM SYSTEMS CORPORATION. Mr. Daily seconded. Carried unanimously. POLICE VEHICLE REPLACEMENT Mr. Ferrito moved for adoption of Resolution No. 1983-172 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE OF TEN 1984 FOUR DOOR SEDAN AUTOMOBILES FOR POLICE PATROL USE, and authorize the Town Clerk to advertise for bids. Mr. Daily seconded. Carried unanimously. COOPERATIVE AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION ROUTE 85 Mr. Ferrito moved for adoption of Resolution No. 1983-173 entitled, RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (to provide funding of the transportation study on State Highway 85) and authorize the Mayor to execute sail agreement on behalf of the town. Mr. Daily seconded. Carried unanimously. MOSQUITO ABATEMENT Mr. Ferrito moved for adoption of Ordinance 1591 entitled, ORDINANCE ADDING ARTICLE 111 TO CHAPTER 22 OF THE TOWN CODE RELATING TO MOSQUITO ABATEMENT. Mr. Daily seconded. Carried by a vote of three ayes. Mayor Ventura abstained. APPEAL-SOLAR HOT WATER HEATING 825 POLLARD ROAD Mr. Ferrito moved for adoption of Resolution No. 1983-174 entitled, RESOLUTION DENYING APPEAL FROM THE TOWN PLANNING COMMISSION (825 Pollard Road, Barry Swenson Builders). Mr. Daily seconded. Carried by a vote of three ayes. Mayor Ventura abstained. APPEAL-SOLAR HOT WATER HEATING 14981 NATIONAL AVENUE Mr. Ferrito moved for adoption of Resolution No. 1983-175 entitled, RESOLUTION DENYING APPEAL FROM THE TOWN PLANNING COMMISSION (14981 National Avenue-Barry Swenson Builders). Mr. Daily seconded. Carried by a vote of three ayes. Mayor Ventura abstained. RESURFACING PROJECT 267 Mr. Ferrito moved for adoption of Resolution No. 1983-176 entitled, RESOLUTION APPROVING THE SUPPLEMENTARY RESURFACING AGREEMENT WITH THE CITY OF SAN JOSE. Mr. Daily seconded. Carried unanimously. CERTIFICATES OF ACCEPTANCE & NOTICE OF COMPLETIONS Mr. Ferrito moved to accept staff recommendation and approve Certificate of Acceptance and Notices of Completion of the following: Bonnie Lane Assessment District LID 82-1, Piazza Construction. Truman Cole-16035 Los Gatos-Almaden Road, Peppertree School. Project 260-SD-Hernandez Avenue Storm Drain. Mr. Daily seconded. Carried unanimously. SHANNON ROAD NO 17 ANNEXATION Mr. Ferrito moved for adoption of Resolution No. 1983-177 entitled, A RESOLUTION INITIATING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SHANNON ROAD NO. 17 TO THE TOWN OF LOS GATOS. Mr. Daily seconded. Carried unanimously. ENGLEWOOD AVENUE NO. 3 ANNEXATION Mr. Ferrito moved for adoption of Resolution No. 1983-178 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO. 3 TO THE TOWN OF LOS GATOS. Mr. Daily seconded. Carried unanimously. PARKING RESTRICTION-ALBERTO WAY Mr. Ferrito moved for adoption of Resolution No. 1983-179 entitled, PARKING RESTRICTION-ALBERTO WAY (rescinding Resolution No. 1983-120 and reinstating Resolution No. 1980-79). Mr. Daily seconded. Carried unanimously. CONTRACT WITH INFORMATION & REFERRAL SERVICES Mr. Ferrito moved for adoption of Resolution No. 1983-180 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR THE OPERATION OF THE TOWN'S RENTAL DISPUTE SERVICES. Mr. Daily seconded. Carried unanimously. 220 E. MAIN ST. ALCOHOLIC BEVERAGE LICENSE Mr. Ferrito moved to accept report concerning application for Alcoholic Beverage License at 220 E. Main Street. Mr. Daily seconded. Carried unanimously. MAILING EQUIPMENT Mr. Ferrito moved for adoption of Resolution No. 1983-182 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AGREEMENT FOR THE ACQUISITION OF PITNEY BOWES MAILING EQUIPMENT. Mr. Daily seconded. Carried unanimously. ACCOUNTING SERVICE TO CABLEVISION Mr. Ferrito moved for adoption of Resolution No. 1983-183 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH LOS GATOS COMMUNITY CABLEVISION, INC. Mr. Daily seconded. Carried unanimously. AMENDMENT TO POSITIONS & SALARIES SCHEDULE 83-84 Mr. Ferrito moved for adoption of Resolution No. 1983-184 entitled, A RESOLUTION AMENDING SCHEDULES OF POSITIONS AND SALARIES FOR FISCAL YEAR 1983- 184 entitled, A RESOLUTION AMENDING SCHEDULES AND SALARIES FOR FISCAL YEAR 1983-84. Mr. Daily seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) continued. 7. Press release from the Santa Clara Valley Water District of their support of water transfer system in Sacramento-San Joaquin Delta. Mr. Ferrito questioned this and asked that a letter of opposition be sent. Mayor Ventura moved that letter be sent asking for clarification of the matter. Mrs. Rasmussen seconded. Carried unanimously. 8. Letter from O.L. Johns regarding use of the front of his property at 151 N. Santa Cruz Avenue. Mr. Ferrito moved this be referred to the Town Attorney and Chief of Police. Mr. Daily seconded. Carried unanimously. 9. Letter from B. Fredrickson opposing various commercial businesses flying the American Flag and not giving correct treatment to the flags. After general discussion, Mr. Ferrito moved that copy of Fredrickson's letter along with a cover letter from Council indicating that Council shares the same concerns be sent to the various businesses. Mr. Daily seconded. Carried unanimously. REPORT ON PREFERENTIAL PARKING Chief of Police, Frank Acosta, answered questions on various citations, complaints, etc. After further discussion, Mr. Ferrito moved to accept staff report. Mrs. Rasmussen seconded. Carried unanimously. CYPRESS WAY AND BLOSSOM HILL RD. SLIDE REPAIRS Mayor Ventura stated he had been in contact with residents in the area and they were interested in speaking on their concerns regarding Cypress Road slide. Mr. Lyle spoke on previous slides and his concerns in the repairing of new slides. The Director of Public Works explained the seriousness of the project and also spoke on the design for repairing the slides. COUNCILMEMBER ARRIVAL Mrs. Benjamin arrived at the Council meeting at 8:20 p.m. CYPRESS WAY AND BLOSSOM HILL RD. SLIDE REPAIRS (continued) aFTER FURTHER DISCUSSION ON THE PROJECT, mRS. rASMUSSEN MOVED FOR ADOPTION OF rESOLUTION nO. 1983-181 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 290-CYPRESS WAY AND BLOSSOM HILL ROAD SLIDE REPAIRS. Mayor Ventura seconded. Carried unanimously. CERTIFICATE OF ACCEPTANCE & NOTICE OF COMPLETION Richard Posilippo, representing Wattis Construction Company, requested project be accepted without liquidated damages. He spoke on change order increasing work on project but, no extension of time was given. After some discussion, Mrs. Rasmussen stated that given the scope of the project she feels contractor should not be assessed liquidated damages and moved for approval of the Certificate of Acceptance and Notice of Completion. Mr. Daily seconded. Carried unanimously. COUNTY REZONINGS L.G. HILLSIDE SPECIFIC PLAN AREA Discussion was held on proposed County rezonings within the Los Gatos Hillside Specific Plan Areas. Mr. Bowman, Planning Director, reported the Board will hear this during the League Conference. Mr. Ferrito moved Council request the Board to continue the hearing for one week to allow Council representation at said hearing. Mrs. Benjamin seconded. Carried unanimously. COUNTY REFERRALS Mr. Ferrito moved o accept the County referrals as follows: 1871-33-44-83CC-838 Soda Springs Road Shoemaker Single Family dwelling No comment. 825-32-56-79A Bascom AVENUE Condie Office building Approved by A & S committee 8/11/83. Bicknell Road and Via Lomita Peake & Hope rezoning from Agriculture to R1-44 No comment Mayor Ventura seconded. Carried unanimously. Discussion was held on San Jose Referral T-81-1-6; Harwood Road; McBain three lot subdivision. In discussion it was stated that Council would like Mayor Ventura to meet with Mayor of San Jose and express Los Gatos's feelings. Mayor Ventura stated for the record, he has met with the City of San Jose and County Board of Supervisors and feels there is a communication problem. The Mayor suggested that decision on this be deferred for two weeks and have staff come back with their best guess as to what the implications would be. MINUTES Mrs. Rasmussen moved minutes of August 15, 1983 be approved as corrected. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura abstained. WRITTEN COMMUNICATIONS (for action) 1. Letter from Jim Lewis requesting that this year's CBDG Funds be earmarked for Handicapped Access Projects, such as curb ramps as he noted as item 1 in his letter. With the balance allocated to Los Gatos High School and Los Gatos Elementary School District access projects. Mr. Lewis spoke on the curb cuts and with the completion of ones he has designated in his letter a disabled person can reach almost anywhere in town. Paul V. Collins Superintendent of Los Gatos High School stated the Town's assistance in providing HCDA funds allows Los Gatos High School, which is indeed the focus of the Community and a most utilized center, the opportunity to provide handicapped access for the citizens of the community. Discussion was held and Council urged Mr. Collins to approach the City of Saratoga and request some funding as they use the Los Gatos High facilities. After further discussion, Mrs. Rasmussen moved Council appropriate $12,000.00 of the Town's Community Development Block Grant Funds for a ninth year curb ramp project. The balance of funds, $17,164.00 to be reserved for Los Gatos High School pending the completion of Phase 1 of their accessibility projects and negotiation of a contract for their second phase. Mrs. Benjamin seconded. Carried unanimously. 2. Mr. Daily moved to accept staff recommendation and direct the Town Manager to send a letter to the Public Utilities Commission supporting the rate decrease request of PG&E. Mrs. Rasmussen seconded. Carried unanimously. 3. Letter from David Blessing regarding the Los Gatos Masonic Hall. This letter will be part of the testimony regarding the General Plan Amendment GP-83-3, during the public hearing scheduled later in the agenda. AUGUST PAYROLL Mrs. Rasmussen moved Council verify and approve the payroll for the month of August. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT-JUNE Mrs. Rasmussen moved Council accept the Treasurer's report for the month of June 1083. Mrs. Benjamin seconded. Carried unanimously. BONNIE LANE ASSESSMENT DISTRICT Mayor Ventura stated this was the time and place duly noted for continued public hearing concerning the change in road width. Glenda Boothman spoke on the issue. No one else wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously. Mrs. Rasmussen moved for the adoption of Resolution No. 1983-185 entitled, A RESOLUTION ORDERING CHANGES AND MODIFICATIONS- BONNIE LANE ASSESSMENT DISTRICT. Mr. Daily seconded. Carried unanimously. AMENDMENT TO DOWNTOWN SPECIFIC PLAN Mayor Ventura stated this was the time and place duly noted for continued hearing on the General Plan Amendment GP-83-2 concerning amendments to the text of the Downtown Specific Plan, which is part of the General Plan, concerning parking and circulation. After some discussion, Mrs. Rasmussen moved to continue the public hearing for two weeks to allow the Town Attorney to draft the necessary Resolution for Council consideration. Mr. Daily seconded. Carried unanimously. RECESS Mayor declared a recess and stated Council would meet in executive session before meeting reconvened. Regular meeting reconvened at 9:50 p.m. Mayor reported on Closed Session stating Council had discussed the Toll House litigation. APPEAL-16055 & 16085 CAMINO DEL CERRO-CERTIFICATE OF COMPLIANCE Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's approval of a Certificate of Compliance on subdivision application M-77-5A for property located at 16055 and 16085 Camino del Cerro. Mr. Bowman stated a request for continuance had been received from the applicant, but not the appellant. Mr. Gordon Levin, appellant, stated he would agree to the continuance but requested Council to make a field trip to the area in question. It was consensus of Council to schedule the field trip for Monday, September 12th, at 4:30 p.m. Mrs. Benjamin moved this hearing be continued to October 17, 1983. Mrs. Rasmussen seconded. Carried unanimously. APPEAL-232 MASSOL AVENUE Due to lack of timely publication on Notice of Hearing this hearing is scheduled for September 19, 1983. TOXIC CONTAINMENT BILL AB-1362 Discussion was held on the report prepared by staff on AB-1362 and the amendments which has been made by the Finance Committee. Mr. Ferrito moved to support the bill before it was amended. Mayor Ventura seconded. Carried by four ayes. Mrs. Benjamin voting no. ORDINANCE PROHIBITING SLEEPING IN CARS The Town Attorney stated the proposed ordinance includes revisions as recommended by the Police Department. Mrs. Rasmussen moved reading be waived for ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE TO PROHIBIT SLEEPING IN CARS. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mrs. Rasmussen moved ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. INTERPRETATION RENTAL MEDIATION ORDINANCE The Town Attorney spoke on questions of Information and Referrals Services and his interpretation of said ordinance. He requested Council either ratify his interpretation, indicate a different interpretation or suggest appropriate amendments. After further discussion, Mr. Ferrito moved to ratify Attorney Hays' interpretation, with exception of Section 24.70.020. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no. Mayor Ventura abstained. Mrs. Benjamin moved to continue this for two weeks and request staff report on the ramifications. Mr. Daily seconded. Carried unanimously. CABLE TV STATUS REPORT Gene Musselman, Executive Vice-President of Hearst Cable TV Corporation, spoke to Council on their progress to date and plans for the next six months. He feels Hearst is on target on improvements as agreed upon in franchise. Discussion was held regarding subscribers not being able to reach Cablevision for repairs. It was stated that that situation has not been taken care of and telephone operators are on duty to receive complaints etc. Mayor Ventura stated he has noticed significant improvement in the system but still received calls regarding dissatisfied customers and feels there is still room for improvements and urges Cablevision to continue improving the system. TERMINATION-STEADMAN CONTRACT PROJECT 262-SD Mr. Ken Steadman, President of Steadman Engineering, spoke to Council on reasons he should not be terminated from completing this project. Mr. Steadman claims plans and specifications were changed, so he feels he was entitled to change order, which staff denied. Mr. Steadman requested Council allow him to maintain his contract, as it is not fair for him to loose control of the project. Staff presented Council with chronological record of correspondence with Steadman regarding the project. After discussion and review of staff reports, Ms. Benjamin moved to terminate Steadman Engineering's control on Project 262-SD. Mrs. Rasmussen seconded. Carried unanimously. BID AWARD PROJECT 262-SD Mrs. Rasmussen moved to award a new contract to James Chalmers in the amount of $77,450.28; authorize the Mayor to sign the contract on behalf of the Town and approve a supplemental appropriation from Storm Drain Basin #3 in the amount of $16,500.00. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito was not present for voting. PLANNING COMMISSION MEMBERSHIP Mayor Ventura stated this matter was continued from August 15, 1983, to consider whether or not to reduce the membership of Planning Commission from 9 to 7 members. Speaking from the audience were Allen Slutman, Tom Bear and Lela Austin favoring the 9 member commission. After discussion, Mrs. Rasmussen moved to retain the 9 member Commission. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Ventura voting no. CIVIC CENTER DRINKING FOUNTAIN Harry Cohn spoke on his request and need for drinking fountain at the Civic Center. After some discussion, Mrs. Rasmussen moved to direct staff to install drinking fountain. Mr. Ferrito seconded. Carried unanimously. DECREASE-RENTAL MEDIATION FEE Mrs. Rasmussen moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 24.60.010 OF THE TOWN CODE TO DECREASE THE REGULATORY FEE FOR THE RENTAL MEDIATION PROGRAM. This reduces the regulatory fee from $18.50 per year to $17.50 per year. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Ferrito moved Ordinance be introduced. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Ventura abstained. REVISED PERSONNEL ORDINANCE Discussion was held on this issue at the meeting of August 15, 1983 and continued for vote by full Council. After further discussion, Mrs. Benjamin moved to make no change in Section 22. Mr. Ferrito seconded. Carried by four ayes. Ms. Rasmussen voting no. Mr. Ferrito then moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 838 AND ADOPTING ORDINANCE NO. CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE TOWN. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mrs. Benjamin moved for introduction of Ordinance. Mayor Ventura seconded. Carried unanimously. OAK MEADOW PARK FEE Mr. Ferrito moved this matter be continued to November 7th, 1983. Mrs. Benjamin seconded. Carried unanimously. AMENDMENTS TO SOLID WASTE MANAGEMENT Mr. Ferrito moved to continue this to October 17, 1983. Mayor Ventura seconded. Carried unanimously. CREATING POSITION - CODE ENFORCEMENT OFFICER Mr. Ferrito moved to accept staff recommendation and Council reappoint the Youth Advisory Commission as a permanent Commission but having a ten month annual term from September to June; authorize the Town Clerk to advertise seven youth member openings and two adult member openings; and direct staff to prepare resolution of Commendations for the past Youth Advisory Commission members. Mrs. Rasmussen seconded. Carried unanimously. EMERGENCY ACCESS ROAD Mayor Ventura stated this would be continued to next meeting. ISG MEETING Mr. Ferrito reported that at the last IGC meeting, it was unanimously agreed to request the County to pay repairs to Bus Stops. ADJOURNMENT Meeting adjourned at 12:05 a.m., to this afternoon, September 7, 1983 at 4:30 p.m. for interviews of Attorneys.