M 09-17-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
September 17, 1990
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of the Town Hall, 100 East Main Street, at 7:35 p.m., Monday, September
17, 1990, in regular session.
ROLL CALL
Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura and Mayor Thomas J. Ferrito.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
PRESENTATION
Mrs. Beatrice Link, from the Spiritual Assembly of the Baha's made a presentation and
thanked the Council for the proclamation declaring Tuesday, September 18, 1990 as
"International Day of Peace". Each Council Member received a publication entitled The
Promise of World Peace.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to
this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Los
Gatos vs Sharit and Farwell vs Town of Los Gatos. There is no report from either
discussion. Mr. Ventura and Mr. Hamilton did not participate in the second discussion.
The Council also met in Closed Session pursuant to Government Code Section 54956.9(c)
to discuss Institution of Litigation regarding Route 85. There is no report from that
discussion.
Council met pursuant to Government Code Section 54957, regarding Personnel. The matter
was not discussed but will be discussed at the conclusion of tonight's Council Meeting.
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DISASTER EMERGENCY ORGANIZATION/TOWN CODE AMENDMENT
Mayor Ferrito stated that the Town Manager had requested that this item be continued and
scheduled for a later date.
BID AWARD/8717A PROJECT/UNDERGROUND STORAGE/SERVICE CENTER
Mayor Ferrito referred to a protest filed by Petroleum Engineering and a memo from
Christine Fischer, Town Engineer. The Town Engineer stated that there is no conflict with
the recommended bid award and that the protest was unfounded.
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BID AWARD CONT.
Motion by Mr. Carlson, seconded by Mr. Ventura to award the contract for work on Project
8717A - Underground Storage to the low bidder, Minter & Fahy Construction, in the total
estimated amount of $131,470.00 and authorize the Town Manager to sign the contract on
behalf of the Town. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS
Informational report regarding county referrals was received and filed.
PAYROLL/RATIFICATION/AUGUST 19 THROUGH SEPTEMBER 1, 1990
Motion by Mrs Benjamin, seconded by Mr. Ventura for ratification of Payroll for the period
of August 19, 1990 through September 1, 1990, in the amount of $213,992.46, paid on
September 7, 1990. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST and SEPTEMBER 1990
Motion by Mrs. Benjamin, seconded by Mr. Ventura for ratification of accompanying
check registers for accounts payable invoices in the amount of $597,341.31 paid August 31,
September 7, and September 14, 1990. Carried unanimously.
COLLEGE AVENUE WEST OF VILLA/PARKING PROHIBITION/RESOLUTION 1990-192
Motion by Mrs. Benjamin, seconded by Mr. Ventura to adopt Resolution 1990-192
entitled, RESOLUTION OF THE TOWN OF LOS GATOS PARKING PROHIBITION,
COLLEGE AVENUE WEST OF VILLA AVENUE. Carried unanimously.
FORRESTER ROAD 214/REVOCABLE ENCROACHMENT PERMIT/RESOLUTION 1990-193
Motion by Mrs. Benjamin, seconded by Mr. Ventura to approve the Revocable
Encroachment Permit and adopt Resolution 1990-193 entitled RESOLUTION OF THE
TOWN OF LOS GATOS AUTHORIZING THE TOWN ENGINEER TO ISSUE A
REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE IN THE PUBLIC
RIGHT-OF-WAY ALONG 214 FORRESTER ROAD. Carried unanimously.
OKA ROAD 14855/JEWISH COMMUNITY CENTER/BAMBURG/RESOLUTION 1990-194
Motion by Mrs. Benjamin, seconded by Mr. Ventura to adopt Resolution 1990-194
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entitled RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DENIAL OF REQUEST TO CONSTRUCT AND OPERATE
EXPANDED FACILITIES INCLUDING A HEALTH AND FITNESS BUILDING AND
ADDITIONAL PARKING SPACES ON PROPERTY IN THE R-1:8000 ZONE. Carried with
a vote of 3 ayes. Mr. Hamilton and Mr. Carlson voting NO.
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UNIVERSITY AVENUE 255/CAROLYN GIVENS/RESOLUTION 1990-195
Motion by Mrs. Benjamin, seconded by Mr. Ventura to adopt Resolution 1990-195
entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION TO DENY REQUEST FOR APPROVAL OF PLANS
TO RECONSTRUCT AN EXISTING RESIDENCE, CONSTRUCT AN ADDITION TO THE
FIRST FLOOR AND CONSTRUCT A NEW SECOND FLOOR TO A RESIDENCE IN THE R-
1D LHP ZONE. Carried with a vote of 4 ayes. Mr. Hamilton voting NO.
SHADY VIEW LANE 16578/MESERVE/TANENBAUM/RESOLUTION 1990-196
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to amend Item 5, page 2 of the
Resolution to read "storage area shall be allowed subject to the review and approval
of the planning director" and to adopt Resolution 1990-196 entitled RESOLUTION OF
THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION
DECISION TO DENY AN APPEAL OF A DECISION OF THE PLANNING DIRECTOR IN
APPROVING A REQUEST FOR A SECOND-STORY ADDITION ON PROPERTY LOCATED
IN THE R-18000 ZONE. Carried unanimously.
HVAC REPAIR AND MAINTENANCE/CONTRACTUAL AGREEMENT
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to approve the contractual agreement
that the Town Manager has been authorized to execute on behalf of the Town of Los Gatos
for repair and maintenance of the Town's heating, ventilating and air conditioning system.
Carried unanimously.
8805 PROJECT/PARKING/LOT 4/APPLIED GEOSYSTEMS/RESOLUTION 1990-191
Motion by Mrs. Benjamin, seconded by Mr. Ventura to adopt Resolution 1990-191
entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING DAVID W.
KNAPP, TOWN MANAGER TO SIGN AN AGREEMENT WITH APPLIED GEOSYSTEMS
FOR CONSULTANT SERVICES. Carried unanimously.
ST. MARY'S COUNTRY FAIRE/BANNERS
Motion by Mrs. Benjamin, seconded by Mr. Ventura to authorize the display of banners
advertising the St. Mary's Country Faire. Carried unanimously.
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HBW ASSOCIATES/BUILDING CONSULTANT/RESOLUTION 1990-197
Motion by Mrs. Benjamin, seconded by Mr. Ventura to adopt Resolution 1990-197
entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR LIBRARY BUILDING CONSULTANT SERVICES WITH HBW
ASSOCIATES, INC. Carried unanimously.
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HEARINGS
RELOCATION PLAN/VILLA AVENUE RESIDENTS/HEARING
Mayor Ferrito stated that this was the time and place duly noted for Council to consider
adoption of Resolution approving the relocation plan for the Villa Avenue residents. Mayor
Ferrito stated that Mr. Mander had received some complex documents a few days ago and
would be asking for a continuance of this matter. Mayor Ferrito requested that staff make
special effort to accommodate Mr. Mander's work schedule to discuss a number of
comments which Mr. Mander has put in writing.
The following people from the audience addressed this issue:
Mr. Mander, 56 Villa Avenue asked for a continuance and further discussion with staff.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Carlson to continue this matter to October 1,
1990. Carried unanimously.
CYPRESS AVENUE 16981/PICETTI CONSTRUCTION/JOHN DOZIER/HEARING
Mayor Ferrito stated this was the time and place duly noted for Council to consider an
appeal of a Planning Commission decision for approval of plans to demolish an existing
single family residence and to construct a new single family residence in the R-1:8000 zone,
Architecture and Site Application S-90-16. Property located at 16981 Cypress Avenue.
Property Owner: Picetti Construction/John Dozier.
The following people from the audience spoke to this issue:
Bobby Chambers, 16970 Cypress Way, appellant, indicated that she lives across the street
and does not want the sidewalk. She feels that the pine trees will be in danger.
Mark Watkins, 16960 Cypress Way, does not want sidewalk installed since it would not
connect to other sidewalks in the area. He does not feel it would be safe and wants to keep
the area rural, or the Town should complete the project so it would not be a safety hazard.
Mrs. Benjamin feels that it would be wiser to put the sidewalk in now rather than be faced
with financial constraints in the future.
John Dozier, property owner, indicated that he is willing to accommodate and compromise
in order to assist the Town and adjacent neighbors.
Bobby Chambers indicated that the area does not carry excessive traffic which would
require sidewalks.
No one else from the audience addressed this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura to close the Public Hearing. Carried
unanimously.
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Motion by Mr. Carlson, seconded by Mr. Hamilton to uphold and modify the Planning
Commission's decision and approve Architecture and Site Application S-90-16 and, in
addition, to require the developer to provide the Town with the cost of construction of a
cement sidewalk, per Town standards, across his frontage. The funds to be secured by
cash and integrated with a plan for the next Capital Improvement Program. If total amount of
funds from the property owner do not exceed costs, the balance will be returned to the
developer. Grading and compacting will be required during the construction of the project.
Carried unanimously.
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BUSINESS LICENSES/APPEAL ON PENALTY FEES/HEARING
Mayor Ferrito stated that this was the time and place duly noted for a public hearing to
consider the appeals on penalty fees imposed on business licenses.
There was no one in the audience to address this matter.
Motion by Mr. Carlson, seconded by Mrs. Benjamin to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Ventura to waive the business license penalty
fee for Across The Bridge due to the incident being "earthquake" related. The Town would
also refund penalties to any other "earthquake" related business penalty which had been
collected. The penalty fees for all other appellants would remain in force. Carried
unanimously.
ZONING ORDINANCE AMENDMENT/A-90-6/FLOOR AREA RATION/HEARING
Mayor Ferrito stated that this was the time and place duly noted for a public hearing to
consider an amendment to the zoning ordinance establishing a Floor Area Ration Standard
of single-family and two-family residences on lots smaller than 5,000 sq.ft. in all residential
zones.
There was no one in the audience who spoke to this matter.
Motion by Mr. Ventura, seconded by Mr. Carlson to close the Public Hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton to find that the proposed zoning
ordinance amendment A-90-6 is consistent with the General Plan. Carried unanimously.
Mr. Ventura indicated that, in his opinion, there should be smaller square footage of
residences on smaller lots. He would like to retain the smaller lots and houses, indicated in
the inventory list, as affordable housing. An add-on incentive could be provided. Mr.
Carlson voiced concerns about encouraging second stories. Mrs. Benjamin indicated her
concerns about providing garages.
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Motion by Mr. Carlson, seconded by Mr. Ventura, to return the ordinance to the Planning
Commission with the recommendation that the Town keep the houses smaller, include a
garage and not allow a second story that would infringe on the privacy of neighboring
structures. Carried unanimously.
Mayor Ferrito left the Council Chambers at 8:35 p.m. requesting that Vice Mayor Ventura
proceed with Item number six (6) pulled earlier from the Agenda.
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GARDEN HILL AREA/REQUEST FOR TRAFFIC CONTROL MEASURES
Mr. Carlson asked for clarification of what the Town proposed to do regarding the signing in
the area. He restated that the Town would be making the "Not a Through Street" sign more
visible; removing the "Vasona Park" sign; and installing speed limit signs if requested by the
neighborhood. He indicated that the Neighborhood Association should be notified that the
Town's data indicated that the speeding problem is a local neighborhood problem.
No Action was taken on this matter.
Mayor Ferrito returned to the Council Chambers at 8:40 p.m.
HEARING
ROUTE 85 /FREEWAY AGREEMENT/STRATEGIC PLAN/PERFORMANCE AGREEMENT
Mayor Ferrito stated that this was the time and place duly noticed to consider the Route 85
Freeway Agreement between the Town of Los Gatos and the California Department of
transportation.
Mr. Carlson had requested that this matter be heard together with Items 23 (a)(b)(c).
ITEM 23 (a):
ROUTE 85/1990 STRATEGIC PLAN
ITEM 23 (b)
ROUTE 85/FREEWAY AGREEMENT/CALIFORNIA DEPARTMENT OF TRANSPORTATION
ITEM 23 (c)
ROUTE 85/PERFORMANCE AGREEMENT/SANTA CLARA COUNTY TRAFFIC AUTHORITY
Mr. Kempton spoke regarding Item 23 (a), the Measure "A" strategic plan update. He
indicated that the Traffic Authority is about half way through the Measure "A" time frame and
that they had made significant progress. The document will be presented to the Traffic
Authority on October 15, 1990 for final approval. It retains all the funding included in all the
projects and cost increases, some will effect Los Gatos. Those significant to Los Gatos
include:
1.Full funding for the 85-17 inter-change
2.Full Bascom inter-change
3.Increases in right-of-way costs
4.Engineering costs due to response to community concerns
He also indicated that revenue and sales tax projections are on target. Interest earnings
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have increased over previous plan which is a direct result of the second bond issue of April,
1990.
Mr. Carlson asked if the issues raised in tonight's staff report would be incorporated in the
Strategic Plan. Mr. Kempton indicated that issues raised in items contained in section 2 of
the report which dealt with "Project Descriptions" can be clarified. The Town is indicating
"loops" and not "ramps" and the Traffic Authority will change the wording. A mistake was
made in indicating a bridge over Los Gatos Creek and in the other that there was no bridge.
Those should be reversed. The half interchange at Winchester Blvd. is reflected in a
separate report
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ROUTE 85 CONT.
under Measure "A" project number 106.20. It will come together and the Traffic Authority will
clarify the report.
Mr. Carlson reiterated that there are no items which Town Staff suggests that the Traffic
Authority can not incorporate. Mr. Kempton indicated that the only issue that will continue
to show in the Strategic Plan is the access at Oka Road as an under crossing. Mrs.
Benjamin requested that the map on 3.12B be updated. Mr. Carlson questioned if any of
the items which effect Los Gatos are NOT planned funding. It is Mr. Carlson's
understanding that funding was to be available for 17/85, full Bascom interchange, half
Winchester interchange, mitigation at approved rate, moving of Maria's Berry Farm,
improvement of Lark Avenue bridge to have four lanes and two turn lanes for a total of
ninety-three feet. Mrs. Benjamin questions if sidewalks and bike lanes are included. Mr.
Kempton confirmed that the bridge will include sidewalks and bike lanes with the outside
lanes being fifteen feet. Mr. Ventura questioned whether the "turn pocket" is a regular
twelve foot lane. Mr. Kempton indicated that the two pockets are eleven foot lanes and the
through lanes are twelve foot.
Mr. Carlson questioned the funding and construction of the full width widening of Los Gatos
Blvd. prior to construction of full Bascom interchange. Mr. Kempton stated that this is the
way they are proceeding at this point. The language, however, will probably result in a
request from the City of San Jose to make sure that there is mention of the conditions that
have been agreed to by the Town and San Jose. Mr. Carlson indicated he is concerned
about the funding issue. Mr. Kempton stated that if there is no money to widen Los Gatos
Blvd. the full Bascom interchange will remain. The issue, will be one of timing. The
requirement is between the Town and San Jose. Mr. Kempton indicated that the money
does not go away but would be set aside.
Mrs. Benjamin indicated that Los Gatos agreed to fund four lanes and that the additional
lanes would be completed when the adjacent properties where developed. Our traffic figures
show that four lanes would be sufficient. The reason for the additional lanes would be due to
the development of the adjacent property. Mayor Ferrito stated that the Traffic Authority
had agreed to assist in finding the additional funds for six lanes regardless of the ultimate
source. Mr.Kempton indicated that the Traffic Authority never committed to coming up with
the funds to widen Los Gatos Blvd to six lanes from Measure "A" funding. Mrs. Benjamin
indicated that the statement was that the Traffic Authority would look for alternative funding
sources. Mayor Ferrito said that the Council's position was that the Town did not have the
money to acquire the right of way for the fifth and sixth lanes and that the Town was willing
to commit whatever development funds it could extract over time to the acquisition of those
lanes. In the interim we can and will consider the third and fourth lanes. This would not
provide for the construction prior to the freeway. Also, if funds could be found elsewhere, the
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Town would accept them and repay them whether it was San Jose or elsewhere. Mayor
Ferrito indicated that he also thought the traffic authority had committed to assist in finding
the necessary funds.
Mr. Carlson moved a consensus motion that the Town agrees to widen to four lanes prior
to the construction of the full Bascom interchange and, if funding is available, the Town will
widen to six lanes or will do so as funding becomes available.
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ROUTE 85 CONT.
Mr. Carlson indicated that it was his understanding that the current funding included an
under crossing for Oka-Mozart but there was not enough funding to do either alternative six
or alternative four. Mr. Kempton concurred.
Mr. Ventura stated that the Town's position has been a full Bascom and full Winchester
interchange simultaneously or that Bascom would be constructed first and he would like to
know what will happen to the construction of Bascom if the City of San Jose objects to the
lack of funding for six lanes on Los Gatos Blvd. Mr. Kempton indicated that the key will be
in a combination of traffic generation and land use scenarios. The Traffic Authority will
proceed with the 85/87 interchange project, including Bascom, prior to doing the work at
Winchester because they are in separate projects.
Mayor Ferrito referred to Mr. Kempton's letter of August 17th. Mr. Kempton indicated
that the Traffic Authority negotiated with the County to accommodate a "drop in" light rail
system between Winchester and Almaden Expressway. It has been designed to
accommodate an extension of the Vasona Corridor and the light rail will fit. Mayor Ferrito
questioned how the frame work agreement is spelled out in the Strategic Plan. Mr.
Kempton responded that the conditions were spelled out on Page 1-20 of the Strategic
Plan. Mayor Ferrito has concerns about the wording "based on this criteria" on page 1-20.
Mr. Kempton suggested that the Town make a formal request for the phrase to be struck.
Mayor Ferrito indicated his frustration over being asked to buy into something without
having everything resolved. Mr. Kempton responded that the Freeway Agreement is a
document that governs the configuration of the Freeway. Agreement has been reached on
that except for the Oka/Mozart issue.
Mayor Ferrito would like to see the M.O.U. from Cal Trans tying the Freeway Agreement
and the Performance Agreement together. Mr. Carlson wants to know that these
agreements will be binding on Cal Trans. Mr. Kempton stated that since the Council has
indicated that an M.O.U. is acceptable, the Traffic Authority will bring one back that has been
worked out with Town Staff and Cal Trans.
Mr. Ventura questioned the landscape plans and sound walls. Mr. Kempton said that
preliminary sound wall information is available. A standard policy for noise generation will be
used for all jurisdictions. Hearings will be held in the Fall to look at these issues. Mr.
Kempton stated that it is the intent of the Traffic Authority to involve the local jurisdictions at
every point in the process.
The following people from the audience wished to address these issues:
Roger Nixon, Courtside Complex. Adjacent to Winchester and Pollard. He indicated that
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the residents there would appreciate the flexibility of having this resolved. The residents
have been unable to sell their properties for five years.
Charles Coker, Oka Lane. Requests information regarding the redesigning or relocation of
the pedestrian overcrossing and wants a guarantee that they will be taken off the Flood Plan
Maps. Mr. Kempton indicated that the overcrossing would be delayed until after the finish
of the 85/17 interchange and that if Council wished the wording regarding the removal from
the Flood Plan Maps, they would accommodate.
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ROUTE 85 CONT.
Truman Gates, Los Gatos Community Hospital said the hospital is absolutely in agreement
regarding the interchange at Winchester Blvd. The hospital does not want everything
located on the other side of the freeway.
No one else from the audience addressed this issue.
Motion by Mr. Carlson, seconded by Mrs. Benjamin to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura to incorporate all the Town Staff items in
the report into the Strategic Plan. Also, to indicate that all data supports four lanes on Los
Gatos Blvd as sufficient and that any traffic caused by development impacting the area, will
be paid for by the development in order to construct the additional lanes. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton to continue Item 23 (b) and Item 23 (c)
to Monday, September 24, 1990 at 8:00 p.m. Carried unanimously.
MINUTES OF SEPTEMBER 4, 1990
Mayor Ferrito requested that Page 5, second paragraph regarding Exhibit 9 be corrected
to reflect his additional comments that NO GENERAL PLAN AMENDMENT OR REZONING
WAS REQUIRED FOR THIS PROPOSED USE AND THAT THE COUNCIL KNEW ABOUT
THE PHASES THAT WERE BEING PROPOSED BY THE JEWISH COMMUNITY CENTER
WHEN THEY WERE INITIALLY ENCOURAGED TO LOCATE IN TOWN.
Motion by Mrs. Benjamin, seconded by Mr. Carlson to adopt the minutes of September 4,
1990 as amended. Carried Unanimously.
MINUTES OF SEPTEMBER 10, 1990
Mr. Ventura requested that Page 2 (Main Street Cont.) should read THE APPEAL OF
DOWNTOWN LOS GATOS IS NOT ARTIFICIAL IN ITS GENUINENESS AND
AUTHENTICITY.
Motion by Mr. Ventura, seconded by Mrs. Benjamin to adopt the minutes of September
10, 1990 as amended. Carried by Four Ayes. Mr. Carlson abstained.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
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ACCOUNTS RECEIVABLE/POLICIES & PROCEDURES/COLLECTION AGENCY
Mayor Ferrito stated on page 2 of the report that the amount due can exceed $2,500.00
but that you can not get anymore than $2,500.00 in the form of a small claims judgement.
Motion by Mr. Ventura, seconded by Mr. Carlson to authorize the Town Manager to enter
into a contract with a private firm for the collection of accounts receivable that remain
outstanding beyond 120 days or cannot be reasonably collected by staff. Carried
unanimously.
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BILLY JONES RAILROAD/CONTAMINATION SITE
Motion by Mr. Ventura, seconded by Mr. Hamilton to appropriate $26,728.00 for soil
contamination investigation and groundwater monitoring at the Billy Jones Wildcat Railroad
contamination site. Carried unanimously.
ADJOURNMENT
Mayor Ferrito adjourned the meeting to Closed Session pursuant to Government Code
Section 54957 to discuss a Personnel matter as announced earlier this evening. Meeting
retired to Closed Session at 10:30 p.m. Mary Jo Levinger, Town Attorney, announced that
Council would meet in Closed Session pursuant to Government Code 54956.9(c) to discuss
Institution of Litigation regarding Route 85. Following Executive Session, Council will meet
in Adjourned Regular Meeting at 8:00 p.m. to discuss Item 23 b & c of tonight's agenda.
ATTEST:
MarLyn J. Rasmussen
Executive Assistant
Senior Deputy Clerk
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