M 06-21-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
JUNE 21, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:00
PM
TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the
Town of Los Gatos met in the Council Chambers of the Town Hall,
110 East Main Street, at 7:00 p.m., Monday, June 21, 2004, in a joint
regular session.
7:01
PM
ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski,
Mike Wasserman and Mayor/Chairman Glickman.
Absent:None
7:02
PM
PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03
PM
CLOSED SESSION Town Attorney, Orry Korb, reported that Council had met in Closed
Session prior to this evening’s meeting pursuant to Government Code
Section 54956.9(b), Anticipated Litigation concerning, Claim of
Barnes. The matter was discussed. No final action was taken.
Pursuant to Government Code 54957.6 regarding Conference with
Labor Negotiator concerning Labor Negotiations between Town
Negotiator and TEA and AFSCME. Council gave direction. There
was no final action taken.
7:04
PM
APPOINTMENTS BOARD/COMMITTEE/COMMISSION APPOINTMENTS
ARTS COMMISSION Mayor Glickman announced that seven applications for the Arts
Commission had been received from Jade Bradbury, George Forrester,
Gilda Forrester, Joanne Johnson, Mary Ellen Kaschub, Jules MacLean
and Victor Nemechek. Voting was held and Ms Bradbury, Mr.
Forrester and Ms Johnson were appointed to terms ending 07/01/07.
APPOINTMENTS
CONTINUED
BOARD/COMMITTEE/COMMISSION APPOINTMENTS
7:04
PM
ARTS SELECTION
PANEL
Mayor Glickman announced that one application had been received
from Victor Nemechek for one opening on the Art Selection Panel.
Voting was held and Mr. Nemechek was appointed to the Art Selection
Panel for a term ending 07/01/06.
HISTORICAL
PRESERVATION
COMMITTEE
Mayor Glickman announced that one application had been received
from Kendra Burch for one opening on the Historical Preservation
Committee. Voting was held and Ms Burch was appointed to the
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Historical Preservation Committee for a term ending 08/01/08.
LIBRARY BOARD Mayor Glickman announced that two applications had been received
from Kim Harloff and Dale Hill for the one opening on the Library
Board. Voting was held and Ms Hill was reappointed to term ending
07/01/07.
7:11
PM
CONSENT ITEMS CONSENT ITEMS
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
accept and file informational report regarding currently scheduled
public hearings. (01.28)
ITEM 2
PAYROLL
RATIFICATION
FOR JUNE 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check register for payroll of May 23, 2004 through June 5, 2004
paid on June 11, 2004 in the amount of $559,009.87. Carried
unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
FOR JUNE 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that Council ratify
the check registers for accounts payable invoices paid on June 4, 2004
and June 11, 2004 in the amount of $752,122.79. Carried
unanimously. (03.V)
ITEM 4
POLITICAL SIGNS
Resolution 2004-85
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-85 entitled, RESOLUTION OF TOWN OF LOS
GATOS ESTABLISHING A TIME FRAME FOR POSTING AND
REMOVING POLITICAL SIGNS DURING THE 2004
ELECTION CYCLE. Carried unanimously. (04.03-37)
7:11
PM
CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 5
AUDITING SERVICE
C.G. ULENBERG
Resolution 2004-86
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-86 entitled, RESOLUTION OF TOWN OF LOS
GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH C.G. UHLENBERG LLP
TO PROVIDE PROFESSIONAL AUDITING SERVICES FOR
THE TOWN OF LOS GATOS. Carried unanimously. (05.V)
ITEM 6
COUNCIL/AGENCY
MEETING
SCHEDULE
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
approve Town Council/Redevelopment Agency Meeting Schedule for
2004-2005 Fiscal Year. Carried unanimously. (06.28)
ITEM 7
COMMISSION WORK
PLANS
2004-2005
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
approve the 2004-2005 Town Council and
Board/Committee/Commissions Retreat issues matrix and tentative
work plans for 2004-2005. Carried unanimously. (07.28)
ITEM 8
TERMS OF OFFICE
RECRUITMENT
APPOINTMENTS
BOARDS
Motion by Mrs. Decker, seconded by Ms McNutt, that Council:
A.Accept the recommendation to standardize the expiration of Town
Board, Committee, and Commission (referred to collectively as
“commissions”) Terms of Office so that all Terms of Office will expire
on December 31st.
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COMMISSIONS B.Approve the recommended changes to the recruitment, interview,
and appointment process of commissioners.
Carried unanimously. (08.12)
ITEM 9
PLACE FOR TEENS
RECREATION DEPT
Motion by Mrs. Decker, seconded by Ms McNutt, that Council
authorize Town Manager to execute letter of approval to allow
subcontract of “A Place for Teens” agreements. Carried unanimously.
(09.32)
ITEM 10
TOWN’S
INVESTMENT
POLICY
Resolution 2004-87
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-87 entitled, RESOLUTION OF TOWN OF LOS
GATOS ACCEPTING INVESTMENT POLICY DATED JUNE
24, 2002. Carried unanimously. (10.09)
7:11
PM
CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 11
TOWN’S
FEE SCHEDULE
Resolution 2004-88
ITEM 11 - WAS PULLED AND HEARD AFTER ITEM 19
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-88 entitled, RESOLUTION OF TOWN OF
LOS GATOS AMENDING THE TOWN’S COMPREHENSIVE
FEE SCHEDULE. Carried unanimously. (11.03)
ITEM 12
ENGINEERING
DESIGN STANDARDS
Resolution 2004-89
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-89 entitled, RESOLUTION OF TOWN OF LOS
GATOS APPROVING THE TOWN OF LOS GATOS
ENGINEERING DESIGN STANDARDS. Carried unanimously.
(12.24)
ITEM 13
Resolution 2004-90
NORTH LOS GATOS
STREET REPAIR
FEDERAL FUNDING
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-90 entitled, RESOLUTION OF TOWN OF LOS
GATOS AUTHORIZING THE FILING OF AN APPLICATION
FOR FEDERAL SURFACE TRANSPORTATION FUNDING
FOR THE NORTH LOS GATOS STREET RESURFACING
PROJECT AND COMITTING THE NECESSARY NON-
FEDERAL MATCH FOR THE PROJECT(S) AND STATING
THE ASSURANCE OF THE TOWN OF LOS GATOS TO
COMPLETE THE PROJECT. Carried unanimously. (14.24)
ITEM 14
Resolution 2004-91
POLICE DEPT.
COMPUTER
MAINTENANCE
TIBURON INC.
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-91 entitled, RESOLUTION OF TOWN OF LOS
GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH TIBURON, INC. FOR AN
EXTENDED FIVE YEAR SERVICE MAINTENANCE
AGREEMENT, for the Police Department computer aided dispatch
and records management system. Carried unanimously. (14.42-36)
ITEM 15A
Resolution 2004-92
PUBLIC ART LOAN
ERIC ZIEMELIS
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-92 entitled, RESOLUTION OF TOWN OF LOS
GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE A LOAN RECEIPT WITH ERIC ZIEMELIS FOR
THE ART WORK “EOLIAN”. Carried unanimously. (15.24)
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“EOLIAN”
7:11
PM
CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 15B
Resolution 2004-93
PUBLIC ART LOAN
MARILYN KUKSHT
“PORTALS AND
PASSAGES”
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Resolution 2004-93 entitled, RESOLUTION OF TOWN OF LOS
GATOS AUTHORIZING THE TOWN MANAGER TO
EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT
FOR THE ART WORK “PORTALS AND PASSAGES”. Carried
unanimously. (15.24)
ITEM 16
ORDINANCE 2133
TOWN CLERK’S
DUTIES
Motion by Mrs. Decker, seconded by Ms McNutt, that Council adopt
Ordinance 2133 entitled, ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING ARTICLE I OF CHAPTER 1 OF THE LOS
GATOS TOWN CODE REGARDING THE RESPONSIBILITIES
OF THE TOWN CLERK. Carried unanimously. (16.29)
REDEVELOPMENT
CONSENT
REDEVELOPMENT AGENCY
ITEM 17
ACCOUNTS PAYABLE
FOR JUNE 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that the Agency
ratify the check register for accounts payable invoice paid June 11,
2004 in the amount of $4,029.60. Carried unanimously. (03.V)
7:11
PM
COUNCIL/AGENCY
CONSENT
TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 18
Resolutions 2004-94
& 2004-10RD
STREETSCAPE
GATEWAY
DOWNTOWN
IMPROVEMENTS
FEDERAL
TRANSPORTATION
FUNDS
Motion by Mrs. Decker, seconded by Ms McNutt, that
Council/Agency adopt Resolutions 2004-94 & 2004-10RD entitled,
RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF
LOS GATOS AUTHORIZING THE FILING OF AN
APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION FUNDS THROUGH THE
METROPOLITAN TRANSPORTATION COMMISSION’S
“TRANSPORTATION FOR LIVABLE COMMUNITIES”
PROGRAM FOR THE DOWNTOWN STREETSCAPE AND
GATEWAY IMPROVEMENTS AND COMMITTING THE
NECESSARY LOCAL MATCH FOR THE PROJECTS AND
STATING THE ASSURANCE OF THE TOWN OF LOS GATOS
AND REDEVELOPMENT AGENCY TO COMPLETE THE
PROJECT. Carried unanimously. (18.24)
7:11
PM
COUNCIL/AGENCY
CONSENT
TOWN COUNCIL/REDEVELOPMENT AGENCY
CONTINUED
ITEM 19
MINUTES
JUNE 7, 2004
Motion by Mrs. Decker, seconded by Ms McNutt, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of June 7, 2004 as submitted. Carried unanimously.
(19.V)
Request by Ms McNutt to place the May 17, 2004 minutes on the
Town Council meeting of June 29, 2004. Council consensus to do so.
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7:13
PM
ITEM 11
SPEAKER
TOWN’S
FEE SCHEDULE
Resolution 2004-88
ITEM 11 - WAS PULLED AND HEARD AFTER ITEM 19
Speaker Ray Davis spoke on this item and noted that he had not
found any development impact fees for the school districts in the
present schedule. He asked Council to address this lack in the
schedule. Town Attorney Korb noted that the school district had
jurisdiction on setting their own fees and the Town did collect on
those fees during the building permit processes.
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt
Resolution 2004-88 entitled, RESOLUTION OF TOWN OF LOS
GATOS AMENDING THE TOWN’S COMPREHENSIVE FEE
SCHEDULE. Carried unanimously. (11.03)
7:20
PM
COMMUNICATIONS VERBAL COMMUNICATIONS
7:20
PM
SPEAKER Ray Davis spoke of the Monte Sereno meeting concerning the traffic
safety issues on Highway 9, and asked why Los Gatos Council had not
sent a representative to that meeting. He spoke of the need for
improvements by CalTrans on a road with few improvements since the
1940's. Council responded noting the many meetings that have been
attended and the work that is in progress.
7:26
PM
SPEAKER Marian Cosgrove addressed a letter published in the Weekly which
spoke of the lack of passport service facility in town. She noted the
passport service offered in the clerk’s office and spoke of the clients’
appreciation for the convenience this service offers them, their family
and friends.
7:27
PM
PUBLIC HEARINGS PUBLIC HEARINGS
7:27
PM
ITEM 20
SKATEBOARD PARK
LOCATION
MILES AVENUE
CORPORATION
YARD
PROPOSED LOCATION OF SKATEBOARD PARK (20.33)
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider the following:
A.Consider approving the Town-owned parking lot on Miles Ave. As
the location for a skateboard park and directing staff to proceed with a
design of a skateboard park at this location.
B.Consider authorizing the Town Manager to negotiate and execute
an agreement with Indigo Architects to undertake the skateboard park
design.
C.Consider authorizing budget adjustment increasing authorized
appropriations in the Town’s skatepark Project 410-0412 in the
amount of $25,000 and a contingency of $5,000 to be transferred from
the Town’s GFAR (Fund 400) Fund Balance.
7:30
PM
STAFF REPORT Pamela Jacobs, Assistant Town Manager, gave a report on the
progress of building a skateboard park for the youth of Los Gatos.
*There would be sufficient parking with possible reconfiguration of
angled spaces
*There would be sufficient supervision due to the high volume of
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people who pass by for many reasons such as residents, employees,
police, trail users, and league games
*The initial study with CEQA report and preliminary design will go
before the Planning Commission for a conditional use permit
*Potential impacts of traffic to residential areas were discussed
*Bonds, funds and grant possibilities will be studied along with
fund raising by community
*Funds to be secured before proposal goes to design or to bid
*There was discussion of ongoing operational and maintenance
costs
*Above ground flexible ramps were compared to permanent
concrete ramps
*Bruce Payle with Indigo Architects was present and explained
some of the possibilities of the site showing a maximum 17,000 square
feet for the park, landscaping and parking
7:55
PM
CAMPBELL PARK
DIRECTORS
*Chris Guerney & Brad Barrens, recreational leaders from the
Campbell skateboard park, spoke concerning the operational style,
rules and regulations, and behavioral expectations they have of the
users of the facility.
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
8:00
PM
ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33)
HEARING CONTINUED
SPEAKERS ITEM 20--SPEAKERS FOR SKATEBOARD PARK
8:00
PM
SPEAKERS Eric Reichwein, spoke in favor of concrete ramps
Ray Davis, asked that Council pass increased development impact
fees for park improvements and use the funds for the skateboard park.
He asked that the use permit be approved before moving forward and
all discussion remain conceptual at this time.
Jim Waite supported the location and the access of this site to the
trails from the high school and the junior high. He was in favor of
requiring protective gear.
Randi Chen, supported the park in general but believes that $50,000
from the General Fund for operational costs at this time is too much.
Asked that fees be required for use so as to maintain the park. She
spoke of issues with increased noise, traffic, safety issues, speeders
including increased needs for police to be at the site. She emphasized
the grade of the hill and the speed the skaters will be traveling as they
hit the cross walk of the trail and stop signs.
Jan Bright, Edelen resident supported the concepts of the park and its
location.
Asa Branden, asked strongly for concrete and suggested that
bumplets may prove to be unsafe for the boarders and pedestrians.
Bruce Playle, representing Indigo Architects., supported the meetings
and planning sessions for neighborhood, skaters and Town. He would
like to participate actively in the study sessions also.
Alan Engel was concerned about misbehavior at the park and the
increased parking problems in the area.
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Bret Gordon noted he lived in the Edelen Heights Apartments and his
unit faces where the park will be built. He feels his views will be
ruined.
Kevin Thatcher, editor of Thrasher magazine and skater for 40 years,
suggested that the behavior of the children not be a topic of concern.
Over the years he has found that they supervise themselves and the
skating locations. He believes that a concrete park would be the best
to build at this time without fencing or supervision. He believes the
location is beautiful and the parking accommodations are good. He
thinks the costs can be greatly decreased.
Susan Hoffman said a good concrete park is needed, and safety
equipment should be worn. She asked that Town design an excellent
park, if not a huge park at this site.
8:00
PM
ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33)
HEARINGS CONTINUED
SPEAKERS CONT.ITEM 20--SPEAKERS FOR SKATEBOARD PARK–CONT.
8:00
PM
SPEAKERS
CONTINUED
Susan Hoffman cont. suggested the very young children continue to
use parks like those in Campbell but for Los Gatos to build the best
they can and follow normal requirements for safety while boarding on
a public street. Post clear rules and regulations for the use of the park.
Elizabeth Ross was clear that the community should raise the funding
for this park.
Chris Miller spoke in support of the park in this location.
Mark Allen asked for the park and more study to determine what is
right, wrong, and what will work. Noted Sunnyvale’s desirable park.
8:40
PM
ITEM 20
CLOSED HEARING
PUBLIC HEARING CLOSED
Mayor Glickman, closed the public hearing.
8:45
PM
ITEM 20A
MOTION ON
LOCATION
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council
approve the Town owned parking lot on Miles Avenue as the location
for a skateboard park and direct staff to proceed with a design for a
skateboard park at this location. Carried unanimously.
8:48
PM
ITEM 20
COUNCIL
DISCUSSION AND
CONSENSUS
COUNCIL DISCUSSION ON SKATEBOARD PARK
*Self policing a viable option
*Misbehavior of individuals must be monitored by the skateboard
community
*Site has appropriate parking to accommodate facility of that size
*It is on the Creek Trail for alternative travel route
*Hold study sessions with focus groups on specific issues
*Open to concrete instead of steel
*Needs to be a community effort (parents-skaters-town staff) in
identifying resources and procuring funds
*Possibilities of self-sustaining funding and cost recovery
8:55
PM
ITEM 20B
PARK DESIGN WITH
Motion by Mr Pirzynski, seconded by Ms McNutt, that Council
authorize the Town Manager to negotiate and execute an agreement
with Indigo Architects to undertake the skateboard park design.
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INDIGO Carried unanimously.
ITEM 20 PROPOSED LOCATION OF SKATEBOARD PARK (20.33)
HEARINGS CONTINUED
8:56
PM
ITEM 20C
FUNDING FOR
SKATEBOARD PARK
Motion by Mr Pirzynski, seconded by Ms McNutt, that Council
authorize budget adjustment increasing authorized appropriations in
the town’s skatepark project 410-0412 in the amount of $25,000 and a
contingency of $5,000 to be transferred from the town’s GFAR (fund
400) fund balance. Carried unanimously.
ITEM 20
COUNCIL
CONSENSUS
DISCUSSION AFTER THE MOTION
*Proceed with site evaluation and resource identification
*Hold workshops to have skaters’ input concerning design and
community participation in funding
*Take into consideration what might cause concerns during
excavation
*Flexibility to be used while working through this project
8:59
PM
MAYOR GLICKMAN
LEFT MEETING
Mayor Glickman explained his request to leave the meeting at this
time due to health issues.
Vice Mayor Wasserman took the gavel.
9:00
PM
ITEM 21
BRUSH ABATEMENT
PUBLIC HEARING TO CONSIDER
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
Vice Mayor Wasserman stated that this was the time and place duly
noted for public hearing to consider adopting resolution overruling
objections and ordering hazardous vegetation abatement (brush).
The hearing was called and there was no one from the audience to
address the issue.
ITEM 21
MOTION ON BRUSH
ABATEMENT
Resolution 2004-95
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-95 entitled, RESOLUTION OF TOWN OF
LOS GATOS OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A
PUBLIC NUISANCE. Carried unanimously. (21.33)
9:01 OTHER BUSINESS OTHER BUSINESS - ITEM 22
9:02
PM
ITEM 22
WEST VALLEY
SANITATION
DISTRICT
AGREEMENT
WEST VALLEY SANITATION DISTRICT AGREEMENT
Vice Mayor Wasserman stated that this was the time and place duly
noted to consider adopting resolution approving continuation
agreement and amendment #3 to the agreement between the Town and
District.
There was no one to discuss this issue nor were there questions raised
by Council due to the complete staff report and ongoing negotiations.
ITEM 22 Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
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MOTION ON
SANITATION
DISTRICT
AGREEMENT
Resolution 2004-96
adopt Resolution 2004-96 entitled, RESOLUTION OF TOWN OF
LOS GATOS APPROVING A CONTINUATION AGREEMENT
AND AMENDMENT #3 TO THE AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND WEST VALLEY
SANITATION DISTRICT TO JUNE 30, 2005 TO ALLOW FOR
THE DEVELOPMENT AND IMPLEMENTATION OF A
TRANSITION PLAN TO TRANSFER MAINTENANCE
RESPONSIBILITIES FOR THE LOS GATOS SEWER
COLLECTION SYSTEM FROM THE TOWN OF LOS GATOS
TO WEST VALLEY SANITATION DISTRICT. Carried
unanimously. (22.40)
9:03
PM
ITEM 23
COUNCIL MATTERS
Sandy Decker asked questions concerning conditional use permits
as they relate to formula businesses. Council Consensus was to ask
that the Manager place this issue on an upcoming agenda.
Diane McNutt complemented staff and San Jose Water for all the
efforts that have gone into making the Reservoir Road project
successful.
9:13
PM
ITEM 24
MANAGER MATTERS
MANAGER’S MATTERS (24.28)
Debra Figone addressed the Town Hall Neighborhood Meeting to
be held at Shir Hadash on Cherry Blossom, Tuesday, June 29th at 6:45.
9:14 ADJOURNMENT Vice Mayor Wasserman adjourned this evening’s meeting at 9:14
pm.
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Town Council Minutes June 21, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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