M 04-05-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
APRIL 5, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
7:21
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 7:21 p.m., Monday, April 5, 2004, in a joint
regular session.
7:21
PM
ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
7:22
PM
PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:23
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(a) regarding Conference with Legal Counsel
concerning Pending Litigation in the cases of George Garcia vs The
Town of Los Gatos and Tony Gonzales vs. The Town of Los Gatos.
Council gave direction to Counsel. There was no reportable action
taken.
7:23
PM
APPOINTMENTS APPOINTMENTS
COMMUNITY
SERVICES
COMMISSION
Mayor Glickman announced that two applications had been received
from Maggie Vondras and Barry Waitte for the two vacancies on the
Community Services Commission. Voting was held and Ms Vondras
and Mr. Waitte were appointed to terms ending January 1, 2007.
PARKS COMMISSION Mayor Glickman announced that four applications had been received
from Dave Dockter, Graham Burrows, John Bourgeois and Richard
Aycock for the two vacancies on the Parks Commission. Voting was
held and Mr. Burrows and Mr. Bourgeois were appointed to terms
ending April 1, 2008.
7:23
PM
APPOINTMENTS APPOINTMENTS CONTINUED
RENT ADVISORY
COMMITTEE
Mayor Glickman announced that one application had been received
from Susan Fish for the one vacancy on the Rent Advisory
Commission. Voting was held and Ms Fish was reappointed to term
ending 3/01/07.
7:26 CONSENT ITEMS CONSENT ITEMS
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PM
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
accept and file informational report regarding currently scheduled
public hearings. (01.28)
ITEM 2
PAYROLL
RATIFICATION FOR
MARCH
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for payroll of February 29, 2004 through
March 13, 2004 paid on March 20, 2004 in the amount of
$534,958.00. Carried unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
RATIFICATION FOR
MARCH
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
ratify the check register for accounts payable invoices paid on March
12, 2004 and March 19, 2004 in the amount of $312,422.49. Carried
unanimously. (03.V)
ITEM 4
AGENDA FORMAT
AND RULES
Resolution 2004-33
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-33 entitled, RESOLUTION OF TOWN OF
LOS GATOS AMENDING TOWN COUNCIL AGENDA
FORMAT AND RULES. Carried unanimously. (04.12)
ITEM 5
SILICON VALLEY
ANIMAL CONTROL
PURCHASE OF
PROPERTY
Resolution 2004-34
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-34 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING AN AGREEMENT AMONG THE
SILICON VALLEY ANIMAL CONTROL AUTHORITY AND
ITS MEMBER CITIES REGARDING PURCHASE OF
THOMAS ROAD PROPERTY. Carried unanimously. (05.36)
ITEM 6
COMMUNITY
GRANT FUNDS
This Item was pulled to be discussed after the Public Hearings.
7:26 CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 7
NATIONAL ARBOR
DAY OBSERVANCE
Resolution 2004-36
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-36 entitled, RESOLUTION OF TOWN OF
LOS GATOS PROCLAIMING NATIONAL ARBOR DAY
OBSERVANCE. Carried unanimously. (07.33)
ITEM 8
TRANSPORTATION
PROJECTS
This Item was pulled to be discussed after the Public Hearings.
ITEM 9
LOCAL STREETS
COUNTY ROADS
Resolution 2004-37
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-37 entitled, RESOLUTION OF TOWN OF
LOS GATOS AUTHORIZING TOWN MANAGER TO APPLY
FOR GRANT FUNDS FROM SANTA CLARA COUNTY LOCAL
STREETS AND COUNTY ROADS (LS&CR) FUND PROGRAM.
Carried unanimously. (09.23)
ITEM 10 Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
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LAND AND LIGHT
ASSESSMENT
DISTRICTS 1 & 2
Resolution 2004-38
adopt Resolution 2004-38 entitled, RESOLUTION OF TOWN OF
LOS GATOS DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER’S REPORT FOR
FISCAL YEAR 2004-2005 TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS 1
& 2. Carried unanimously. (10.26)
ITEM 11
PROJECT 0349
CURB, GUTTER &
SIDEWALK
REPLACEMENT
Resolution 2004-39
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-39 entitled, RESOLUTION OF TOWN OF
LOS GATOS AWARDING A CONSTRUCTION CONTRACT IN
THE AMOUNT OF $184,925.00 WITH JJR CONSTRUCTION,
INC. FOR PROJECT 0349 - CURB, GUTTER, AND
SIDEWALK REPAIR AND REPLACEMENT FOR FISCAL
YEAR 2003-2004, and authorizing staff to issue change orders to the
construction contract up to an amount of $80,000. Carried
unanimously. (11.24)
ITEM 12-B
15047 LOS GATOS
BOULEVARD
Ordinance 2129
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Ordinance 2129 entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING A ZONE CHANGE FROM CH TO CH:PD AT
15047 LOS GATOS BOULEVARD, which was introduced at the
Council meeting of March 15, 2004. Carried unanimously. (12B.15)
7:26 CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 12-A
15047 LOS GATOS
BOULEVARD
PLANNED
DEVELOPMENT
Resolution 2004-40
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-40 entitled, RESOLUTION OF TOWN OF
LOS GATOS GRANTING AN APPEAL OF THE PLANNING
COMMISSION DENYING A ZONE CHANGE REQUEST OF A
PLANNED DEVELOPMENT FROM CH TO CH:PD TO
CONSTRUCT AN OFFICE BUILDING AND ARCHITECTURE
AND SITE APPROVAL TO DEMOLISH A SINGLE FAMILY
RESIDENCE. PLANNED DEVELOPMENT APPLICATION
PD-04-2: ARCHITECTURE AND SITE APPLICATION S-04-5:
NEGATIVE DECLARATION ND-04-1: PROPERTY
LOCATION 15047 LOS GATOS BOULEVARD: ASSESSOR’S
PARCEL NUMBER 424-07-087:PROPERTY OWNER, JOSCO
PROPERTIES: APPLICANT: JOHN LIEN. Carried unanimously.
(12A.15)
7:26 REDEVELOPMENT REDEVELOPMENT AGENCY
ITEM 13
ACCOUNTS PAYABLE
RATIFICATION
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the
Agency ratify the check register for accounts payable invoices paid on
March 12, 2004 and March 19, 2004 in the amount of $35,387.16.
Carried unanimously. (13.V)
7:26 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 14-A
MINUTES
MARCH 15, 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of March 15, 2004. Carried unanimously. (14-
A.V)
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ITEM 14-B
MINUTES
MARCH 18, 2004
Motion by Mrs. Decker, seconded by Mr. Wasserman, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of March 18, 2004 as submitted. Carried
unanimously. (14-B.V)
ITEM 15
TDA
FUNDING
Resolutions 2004-41 &
2004-4RD
Motion by Mrs. Decker, seconded by Mr. Wasserman, that Council
adopt Resolutions 2004-41 & 2004-4RDentitled, RESOLUTION OF
THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF
TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER/EXECUTIVE DIRECTOR TO APPLY FOR
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3
FUNDING. Carried unanimously. (15.41)
7:30
PM
COMMUNICATIONS VERBAL COMMUNICATIONS
7:30
PM
SPEAKER Ray Davis noted that he did not stand for the pledge of allegiance
because he believes that he was unfairly arrested at the Civic Center
for disturbing the peace. He addressed the Greenbrier development in
relation to the Hillside Plan. He also spoke of safe routes to schools
for children and noted Los Gatos Boulevard and Shannon Road
crossing.
7:33
PM
SPEAKER Chris Miller representing the Pony League and Little League thanked
Council for the recycle containers that have been placed in the parks.
7:35
PM
SPEAKER Chris Delaossa thanked Council for holding a Town Meeting in the
Rinconada Neighborhood and listening to their concerns. He asked
that some of their priorities be considered in this year’s budget.
7:38
PM
SPEAKER Isabel Guerra spoke of the Rinconada neighborhood and of traffic
safety, drainage problems and need for a sidewalk along Wedgewood
and the Country Club.
7:41
PM
SPEAKER Janice Reynolds spoke of traffic calming and services that the Town
could offer her neighborhood on Wedgewood. She noted that the
drainage ditch continues to present problems and she has not seen a
street sweeper in her area in over 20 years.
7:44
PM
SPEAKER Ken Reynolds also requested street improvements in his
neighborhood and other Town services that the Town Meeting had
helped identify.
7:45
PM
PUBLIC HEARING PUBLIC HEARING
7:45
PM
ITEM 16
20 S. SANTA CRUZ
COLD STONE
CREAMERY
20 SOUTH SANTA CRUZ AVENUE/USE PERMIT/APPEAL
COLD STONE CREAMERY APPLICATION
Mayor Glickman announced that this was the time and place duly
noticed for holding a public hearing to consider an appeal of a
Planning Commission decision denying an application to convert a
portion of a former restaurant (Swenson’s) to another restaurant use
(Cold Stone Creamery) on property zoned C-2. APN 510-45-075.
Conditional Use Permit U-04-8. Property Location: 20 S. Santa Cruz
Ave. Property Owner: Park Row East Apartments, Ltd.
Applicant/Appellant: Catherine G. Asbun
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STAFF REPORT Bud Lortz, Community Development Director, spoke of conditional
uses and what is required to move forward on this proposal.
SPEAKERS FOR
ITEM 16
HEARING CONT.
PUBLIC HEARING CONTINUED
THE FOLLOWING 12 SPEAKERS FROM THE AUDIENCE
ADDRESSED 20 S. SANTA CRUZ/COLD STONE CREAMERY
7:48
PM
SPEAKER Catherine Asbun, Applicant/Appellant, presented the benefits of her
proposal in this location. She spoke of customer service, superior
product, and ice cream sold where ice cream has been sold for many
years before. She discussed the blend of the old time historic quality
with the new more modern business presentation, and also noted that
she employs many local high school students who enjoy the public
relations aspect of this service. She brought up the ambiance of an old
town ice cream business located in the heart of the downtown and
noted that she would not be carrying gelato and no more than vanilla
yogurt. She also discussed parking arrangements for employees.
8:01
PM
SPEAKER Brenda Hammond, representing the Chamber of Commerce, spoke in
support of the project and explained that parking would present a
challenge no matter what business moved into that location.
8:03
PM
SPEAKER Alan Caras spoke of the prior sale of ice cream in the downtown and
supported this application.
8:05
PM
SPEAKER John Feece, Lyndon Plaza Building Owner, spoke in support of Cold
Stone Creamery, and addressed some of the parking concerns.
8:07
PM
SPEAKER Caleb Yi, owner of TCBY, spoke of the time he has been in Town, and
requested support for his business. He asked that Council uphold the
Planning Commission’s decision.
8:10
PM
SPEAKER Tima Nezarati, spoke of her yogurt business and the competition of
Cold Stone impacting her operations, and asked that Council limit
franchises opening in Los Gatos.
8:13
PM
SPEAKER Cameron Sampson, teenage employee of Cold Stone, spoke of the
upbeat atmosphere in which young people can visit, socialize and have
a nicely served dessert.
8:15
PM
SPEAKER Laura Moore, owner of ISLG, spoke of the mix of franchises and
independent stores in the downtown, noting that they all were
necessary for the appropriate mix of successful businesses.
8:18
PM
SPEAKER George Sampson spoke of the success of chain stores with a balanced
mix of independents in the downtown.
8:21
PM
SPEAKER Chuck Novillo spoke in support of Cold Stone Creamery and free
enterprise.
SPEAKERS FOR
ITEM 16
HEARING CONT.
PUBLIC HEARING CONTINUED
THE FOLLOWING SPEAKERS FROM THE AUDIENCE
ADDRESSED 20 S. SANTA CRUZ/COLD STONE CREAMERY
8:22
PM
SPEAKER Ray Davis spoke on the decision of the Planning Commission and
asked why a representative from the Planning Commission was not
present to give the Commission’s view and decision on this matter.
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8:25
PM
SPEAKER Keith Plottel spoke in support of Cold Stone Creamery and the
fairness issue regarding enough businesses for everyone. He believes
that competition takes care of itself in an open market.
8:28
PM
SPEAKER Rosalie Feece, co-owner of Lyndon Plaza, spoke of shopping where
her needs are met, and that formula stores meet those needs with a
consistent product. She noted that after finding the needed items she
spends time in adjacent novelty stores to purchase specialty items in
the one-of-a-kind shops.
8:31
PM
SPEAKER Catherine Asbun, Applicant/Appellant, closed her statements by
reaffirming her desire to complement the downtown ambiance. Her
bank and business associates understand her radius of business and
she reaffirmed that she is strictly an ice cream establishment.
8:34
PM
PUBLIC HEARING
CLOSED
Mayor Glickman closed the public hearing.
ITEM 16
MOTION
Motion by Mr. Wasserman, seconded by Mrs. Decker, to grant the
appeal: (Motion opened for discussion)
8:35
PM
COUNCIL
COMMENTS
ON MOTION
ITEM 16
Council Comments on the Motion:
* Planning Commission looks at the land issues involved
* Council reviews policy issues and this is a Council Policy issue
* Council thanked the Commission for its thorough work on this item
* This ice cream store is half the size it was before
* This store is a franchise that replaces the same type of franchise
* A formula retail store must obtain a conditional use permit
* Maintain a mix of formula and specialty stores in the downtown
* Make use of language that maintains balance
* Businesses thrive within competitive atmosphere
* Five similar ice cream, yogurt, and gelato stores are not too many
* Shoppers visit different stores to locate a variety of similar products
* Request that the owner tie the business to the activities in the park
and to the historic nature of this section of town.
* Note that spontaneous singing offered by the teen employees is not
considered live entertainment as mentioned in condition #8
8:35
PM
ITEM 16
CONTINUED
COUNCIL
COMMENTS
ON MOTION
PUBLIC HEARING CONTINUED–COUNCIL COMMENTS
20 S. SANTA CRUZ/COLD STONE CREAMERY
* Franchise businesses are established offering corporate help and
support to local small business men as they get started on their own
* The owner volunteered to only serve ice creams, no gelato and only
one vanilla yogurt flavor. (Mrs. Decker requested that this offer be
reflected in the record.)
ITEM 16
FINDINGS
Mr. Wasserman made the following findings: That the proposed use
of the property is essential and desirable to the public convenience and
welfare in that it is beneficial to the Town’s economic vitality, employs
local residents and provides revenue to the Town; That the proposed
use will not impair the integrity and character of the zone in that the
tenant improvements are an upgrade of the unit, both the interior and
exterior; That the proposed use would not be detrimental to public
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health, safety or general welfare with this type of business; and That
the proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of the
Town Code as the Town looks at economic vitality, the upgrades of its
structures and the maintenance of a balanced mix of businesses.
8:56
PM
STAFF RESPONSE TO
COUNCIL
ITEM 16
Bud Lortz, Community Development Director, spoke of applications
and requests for restaurants in the downtown. He noted that staff
reviewed these requests and inquiries very carefully with the
prospective applicants and during these discussions the applicants hear
the concerns and guidelines of Council that are used by staff. The
Planning Department does a lot to inform any new inquirers about the
policies for new restaurants in the downtown.
8:58
PM
CALLED FOR THE
QUESTION
ITEM 16
COLDSTONE
CREAMERY
Mayor Glickman called for the question.
Motion by Mr. Wasserman, seconded by Mrs. Decker, to grant the
appeal, and require the applicant to work with staff on exterior signage
that incorporates elements of Los Gatos history and compatibility with
the downtown park. Carried unanimously.
8:59
PM
RECESS Mayor Glickman called a five minute recess.
9:05
PM
ITEM 6
SPEAKER
ALLOCATION OF
COMMUNITY
GRANT FUNDS AND
CDBG FUNDS
Resolution 2004-35
ALLOCATION OF COMMUNITY GRANT FUNDS AND
COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG)
Lee Fagot, spoke of the many services provided by these grants and
asked Council to keep the funding at the level of prior years.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council
refer allocation of the 2004-2005 General Fund Grants to the 2004-
2005 Operating Budget and that Council adopt Resolution 2004-35
entitled, RESOLUTION OF TOWN OF LOS GATOS
ALLOCATING COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS TO THE TOWN OF LOS GATOS FOR
FISCAL YEAR 2004-2005. Carried unanimously. (06.39)
9:10
PM
ITEM 8
SPEAKER
TRANSPORTATION
PROJECTS
Resolution 2004-43
TRANSPORTATION PROJECTS FUNDING
CALIFORNIA DEPARTMENT OF TRANSPORTATION
Ray Davis asked that traffic safety issues be addressed for children
and pedestrians at cross walks and in areas where there may be a
history of accidents. He requested additional electronic signage.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council
adopt Resolution 2004-43 entitled, RESOLUTION OF TOWN OF
LOS GATOS CONCERNING FEDERAL AND/OR STATE
FUNDING FOR CERTAIN TRANSPORTATION PROJECTS
THROUGH THE STATE DEPARTMENT OF
TRANSPORTATION. Carried unanimously. (08.41)
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9:14
PM
ITEM 17
SPEAKERS
YOUTH
COMMISSION
ESTABLISHED
YOUTH COMMISSION ESTABLISHED
Chris Miller spoke in support of the Youth Commission formation
and asked that its membership be inclusive, outreaching to home
schoolers, and those who don’t readily come forward on their own to
apply. He noted the committee report that has been written and the
anticipation of developing the ideas and goals that were developed.
He stressed again using all avenues of outreach to contact eligible
applicants for the commission.
Lee Fagot requested that Council reach out and look for kids that
would like to participate and could bring back ideas that could
percolate through the schools and enfold others in the program.
9:14
PM
ITEM 17
YOUTH
COMMISSION
ESTABLISHED
COUNCIL
COMMENTS
APPOINTMENT
Resolution 2004-42
YOUTH COMMISSION ESTABLISHED CONTINUED
Council Disscussion:
* Have committee interview teens and bring forward committee’s
recommendation to Council for ratification.
* Encourage Commissioners to attend State and National Youth
Seminars and Conferences to gain a greater perspective on the
opportunities afforded to them.
* Encourage teens to take more leadership roles in their community.
* Have terms expire in March instead of July and do all recruitment in
March.
* Have new Commissions take their seats in June and be ready for
work in the fall
* Outreach is a priority and the Town’s website can also be used
Mayor Glickman asked Ms McNutt to serve with him on the sub-
committee for the appointments to the commission and she accepted.
Motion by Mr. Glickman, seconded by Ms McNutt, that Council
adopt Resolution 2004-42 entitled, RESOLUTION OF TOWN OF
LOS GATOS ESTABLISHING A YOUTH COMMISSION.
Carried unanimously. (17.12)
9:42
PM
ITEM 18
DOWNTOWN
GATEWAY DESIGNS
DOWNTOWN GATEWAY DESIGNS
Kevin Rohani, Town Engineer, and Ron Fletcher, Gateway Design
Consultant, described the two designs that were submitted by the
Downtown Gateway Design Working Group. One was for the Wood
Road area as cars exit from Highway 17, and the other was at the cross
roads of Santa Cruz Avenue and Los Gatos - Saratoga Road.
COUNCIL
COMMENTS
ITEM 18
GATEWAYS
Council Comments:
* Council found the designs to be simple, elegant, restrained and not
overpowering.
* Council would like to implement the proposals but the budget does
not allow for this now.
* Council suggests community involvement, contributions, and grants.
* Council prefers to keep both projects together and not to shelve one
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while working on the other.
* Council asks for a clear focus and work plan to start the projects
through the process looking for funding along the way.
GATEWAYS DOWNTOWN GATEWAY DESIGNS CONTINUED
10:15
PM
SPEAKERS
ITEM 18
GATEWAYS
SPEAKERS:
Ray Davis spoke of the removal of the traffic islands in the new
gateway proposal at Santa Cruz and Highway 9.
Chris Miller supported the designs and proposals of the Downtown
Gateway Design Working Group and asked that gateways be
considered in other locations of Town such as a Blossom Hill location
and also at University Avenue.
Len Pacheco shared thoughts from the Group Committee and spoke
of Phase Two which would include the over-crossing on Main Street
and smaller features extended throughout Town. He also spoke of
volunteers who would offer services to complete this project.
10:38
PM
COUNCIL
CONSENSUS
ITEM 18
GATEWAYS
Council Consensus to proceed with the conclusions presented in the
staff report; with staff and Council looking for donations,
contributions, grants and volunteers; and realizing the Town is in
difficult economic times but there is a need and desire to move
forward on the project which will begin in 2006.
10:39P
M
ITEM 19
COUNCIL MATTERS
DISCUSSION ON COLON CANCER FREE ZONE
Council discussed this subject and determined that the Town of Los
Gatos could proclaim that it was working toward or striving to become
a colon cancer free zone along with the cities of Monte Sereno and
Saratoga. That our web site and literature would educate on the
subject, encourage screening and offer consciousness raising
materials. Staff to bring forth additional promotional information and
suggestions for Council’s consideration.
10:49
PM
ITEM 20
MANAGER MATTERS
There were no issues to be discussed this evening under this item.
10:50
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 10:50 PM
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Town Council Minutes April 5, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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