M 08-02-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
AUGUST 2, 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 7, 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 not met in
Closed Session this evening.
7:03
PM
PRESENTATIONS PRESENTATIONS
COMMENDATION
COMMUNITY
APPRECIATION
Mayor Glickman presented a Commendation from the Town to Jeffrey
Totten, and Sergeant Tim Morgan for their efforts in solving the 20
year case concerning the disappearance and death of Russell Jordan.
Both Mr. Totten and Sergeant Morgan were present to receive the
commendation from the Mayor and to honor their contribution to our
community and to the Russell family.
7:09
PM
CONSENT ITEMS CONSENT ITEMS
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
accept and file informational report regarding currently scheduled
public hearings. (01.28)
ITEM 2
COUNTY
REFERRALS URBAN
SERVICE AREAS
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
accept the following staff recommendations on County Referrals:
*None for Projects Outside Urban Service Area
*No Status Reports for Previous Applications
*The Following for Project Inside Urban Service Area
Referral # 1387. Location 16227 Maya Way. Applicant, Stotler.
Request for Design Review. Recommendation for Approval with
four Conditions (02.31)
ITEM 3 Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
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PAYROLL
RATIFICATION FOR
JUNE-JULY 2004
ratify the check register for payroll of June 6, 2004 through June 19,
2004 paid on June 25, 2004; payroll of June 20, 2004 through July
3,2004 paid on July 9, 2004; and July 4, 2004 through July 17, 2004
paid on July 23, 2004 in the amount of $1,649,618.45. Carried
unanimously. (03.V)
ITEM 4
ACCOUNTS PAYABLE
FOR JUNE- JULY 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
ratify the check register for accounts payable invoices paid on June 18,
2004; June 25, 2004; July 9, 2004; July 16, 2004; and July 23, 2004 in
the amount of $2,394,274.53. Carried unanimously. (04.V)
ITEM 5
TREASURER’S
REPORT
MAY-JUNE 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, to accept
Treasurer’s reports for the months ended May 31, 2004 and June 30,
2004. Carried unanimously. (04.02)
ITEM 6
CREEKSIDE
VILLAGE DRIVE
MOBILE HOME
PARK
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
approve the request to add the name “Creekside Village Drive” to the
Town’s official naming list. Carried unanimously. (05.15&Ad)
ITEM 7
SHANNON OAKS
LANE
MOUNTAIN LAUREL
LANE
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council
approve the request to add the names “Shannon Oaks Lane” and
Mountain Laurel Lane” to the Town’s official street naming list.
Carried unanimously. (07.15&Ad)
ITEM 8
MANAGER ACTION
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
accept report on Town Manager approved actions during Council
recess from July 1, 2004 to August 1, 2004. Carried unanimously.
(08.28)
7:08 CONSENT ITEMS CONSENT ITEMS CONTINUED
ITEM 9
ROBERTS ROAD
BRIDGE
Pulled Item to be heard after Item 17.
ITEM 10
VASONA LOOP
TRAIL
Pulled Item to be heard after Item 17.
ITEM 11
LEAGUE OF CALIF
CITIES VOTING
DELEGATE
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
appoint Mayor Steve Glickman as the primary voting delegate and
Council member Sandy Decker as the alternate voting delegate for the
League of California Cities Annual Conference scheduled for
September 17-19, 2004 in Long Beach. Carried unanimously. (11.12)
ITEM 12
Resolution 2004-97
FEE SCHEDULE FOR
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-97 entitled, RESOLUTION OF TOWN OF
LOS GATOS ESTABLISHING AN ADMINISTRATIVE
CITATION SCHEDULE OF PENALTIES FOR VIOLATIONS
OF THE LOS GATOS TOWN CODE. Carried unanimously.
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VIOLATIONS (08.37)
ITEM 13
Resolution 2004-98
PROJECT 0409A
PARKING GARAGE
REPAIR
RAINBOW
WATERPROOFING
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Resolution 2004-98 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS ACCEPTING WORK OF RAINBOW
WATERPROOFING, INC. FOR PROJECT 0409A - PARKING
GARAGE REPAIR AND REHABILITATION AND
AUTHORIZI N G THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK,
Carried unanimously. (14.24)
ITEM 14
SHANNON VALLEY
RANCH TRACT 9505
FINAL MAP
Pulled Item to be heard after Item 17
REDEVELOPMENT REDEVELOPMENT AGENCY
ITEM 15
ACCOUNTS PAYABLE
FOR JULY 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the
Agency ratify the check register for accounts payable invoices paid on
June 18, 2004; June 25, 2004; July 9, 2004; July 16, 2004; and July
23, 2004 in the amount of $270,195.77. Carried unanimously. (15.V)
7:08 CONSENT ITEMS CONSENT ITEMS CONTINUED
7:08 COUNCIL/AGENCY TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 16A
MINUTES
JUNE 21, 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of June 21, 2004 as submitted. Carried unanimously.
(16A.V)
ITEM 16B
MINUTES
JUNE 29, 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting of June 29, 2004 as submitted. Carried unanimously.
(16B.V)
ITEM 17
Resolutions 2004-99
& 2004-11RD
PROJECT 0344
DOWNTOWN ALLEY
IMPROVEMENTS
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council/
Agency adopt Resolutions 2004-99 & 2004-11RD entitled,
RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF
LOS GATOS ACCEPTING WORK OF JOSEPH J. ALBANESE,
INC. FOR PROJECT 0344 - DOWNTOWN ALLEY
IMPROVEMENTS AND AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN
CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY.
Carried unanimously. (17.24)
7:10
PM
PULLED CONSENT PULLED CONSENT ITEMS
ITEM 9 Councilmember McNutt asked that this item be re-agendized so that
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ROBERTS ROAD
BRIDGE
there may be an opportunity for comments and input from the
surrounding neighborhoods.
Council consensus to continue this item to a future agenda.
7:12
PM
ITEM 10
VASONA LOOP
TRAIL
Councilmember McNutt asked that this item be re-agendized so that
a public presentation regarding the efforts that went into this study
could be seen and heard by the community.
Council consensus to continue this item to a future agenda.
PULLED CONSENT PULLED CONSENT ITEM CONTINUED
7:14
PM
ITEM 14
SHANNON VALLEY
RANCH TRACT 9505
FINAL MAP
SPEAKERS
SHANNON VALLEY RANCH - FINAL MAP - TRACT 9505
The following people spoke to this item:
Bill Sweitzer lives next door to the proposed project and asked to
address four issues; 1) Requested limited trail use, and that the trail
be completed before it is opened for any use; 2) Asked that there be
some form of security for the trails and that the dumping of trash on
the trails be monitored; 3) Noted that there was a safety concern
regarding the vehicles backing out from the parking location at the
head of the trail, and asked that the parking lot be moved to another
location; 4) The construction vehicles were another concern and he
asked that they use Hicks and Camden for an access route.
Ray Davis spoke of the need to improve Shannon Road and
implement a Park Dedication Fee to help pay for sports parks and road
improvements.
Ed MacBeth asked that the parking lot be placed in another location.
Katja Kamangar representing Greenbrier Homes noted that the
project would be using Camden as the major route for construction.
She also spoke to the parking lot and that the neighborhood preferred
that location. She also explained that all project construction would be
complete before any trail work was begun. The tract and trail can be
complete and accepted together.
7:25
PM
ITEM 14
SHANNON VALLEY
RANCH
TRACT 9505
FINAL MAP
MOTION
Resolution 2004-100
SHANNON VALLEY RANCH - FINAL MAP - TRACT 9505
Council Comments:
* Neighbors have worked together on this planned development for
several years.
* Police will be patroling the area.
* Part of the PD was to maintain vigilance over the site and trail.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council
adopt Resolution 2004-100 entitled, RESOLUTION OF TOWN OF
LOS GATOS APPROVING FINAL MAP OF TRACT 9505
(SHANNON VALLEY RANCH) ACCEPTING THE
DEDICATIONS AND AUTHORIZING THE TOWN MANAGER
TO SIGN THE CONTRACT FOR PUBLIC IMPROVEMENTS.
Carried unanimously. (14.24)
7:30
PM
COMMUNICATIONS VERBAL COMMUNICATIONS
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7:30
PM
SPEAKER Ray Davis spoke regarding park dedication fees on all development in
Los Gatos. He also asked that some action occur on the Highway 9
improvements. He noted that studies will be taking place and he
would rather see action. He then had some critical remarks to make
about some presentations that were made at the July 4th celebration.
7:33
PM
SPEAKER Elke Groves also spoke about the July 4th celebration at the High
School lawn and the Civic Center. She explained the Arts
Commission agenda for that day and noted that Mayor Glickman had
made the presentations as was decided by the celebration committee.
7:36
PM
SPEAKER Marian Cosgrove spoke of those candidates for the November 2 nd
election who had taken out their nomination papers.
7:39
PM
SPEAKER Jim Hartigan spoke in support of the July 4 th celebrations and praised
the work that had gone into it to make it a community affair. He
supported Mayor Glickman’s handling of the recognition made to our
service people.
7:43
PM
PUBLIC HEARINGS PUBLIC HEARINGS
7:43
PM
ITEM 18
642 SAN BENITO
AVENUE
RESIDENTIAL
APPEAL
SAN BENITO AVENUE 642/RESIDENTIAL APPEAL (18.15)
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider an appeal of a Planning Commission
decision approving construction of a second story addition to a pre-
1941 residence on property zoned R-1D. Architecture and Site
Application S-04-21. Property Location: 642 San Benito Avenue.
Property owner/Applicant: Thomas Schaub. Appellant: Julie
Livingston.
Bud Lortz, Community Development Director, provided a summary
of the staff report.
7:50
PM
ITEM 18
SPEAKERS
SPEAKERS FOR 642 SAN BENITO AVENUE
The following people from the audience addressed this item:
Julie Livingston, appellant and neighbor, also speaking for her
husband, Hamish Fallside, described the solar access and shadows that
would be cast upon her house due to the placement of the second story
of the proposed structure. She asked for a single story or that the
second story be repositioned.
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
7:50
PM
ITEM 18
SPEAKERS
642 SAN BENITO
AVENUE
RESIDENTIAL
APPEAL
SPEAKERS FOR 642 SAN BENITO AVENUE/CONTINUED
The following people from the audience addressed this item:
Thomas Schaub, applicant and owner, spoke on the shadow studies
and the window placements. He also covered historical aspects and
the architectural work. He noted the need for trimming trees on both
properties to afford more sunlight and agreed to make his solar study
reports available to Ms Livingston for review.
Ray Davis was concerned about the review of the Planning
Commission minutes. Council explained that a transcript of the
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TIME ITEM ACTION ON ITEM
commission’s minutes concerning this item was included in the packet
for its use and consideration.
8:25
PM
PUBLIC HEARING
CLOSED
Mayor Glickman closed the public hearing.
8:30
PM
ITEM 18
MOTION
AND
COUNCIL COMMENT
642 SAN BENITO
AVENUE
RESIDENTIAL
APPEAL
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council
uphold the Planning Commission’s decision and approve Architecture
and Site Application S-04-21 with conditions.
Council Comment:
* Neighbors and applicant have worked on this project for some time
and have made many decisions together
* Second stories do infringe on others and there is a need to discuss
the plans and expectations of all concerned
* This is an excellent design for this neighborhood in transition
* There is a need to sacrifice some light for maintenance of a treescape
* There is a need to review the condition of the trees on both sites and
have them trimmed
Called for motion: Carried unanimously.
8:33
PM
ITEM 19
16370 LILAC LANE
RESIDENTIAL
APPEAL
LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider an appeal of a Planning Commission
decision denying a request to construct a second story addition on
property zoned R-1:8. APN 523-13-027. Minor Residential
Development Application: MR-04-25. Property Location: 16370 Lilac
Lane. Property Owner/Applicant/Appellant: Debbie and Wesley
Leong. (19.15)
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
8:33
PM
ITEM 19
16370 LILAC LANE
CONTINUED
LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY
Bud Lortz, Community Development Director, noted the policy
decisions involved in this application. Planning Commission in
reviewing this proposal believed it was best to have the applicant
come forward to Council for a decision on defining neighborhood and
for consideration of allowing second stories in the Blossom Hill
Manor neighborhoods. (19.15)
8:36
PM
ITEM 19
16370 LILAC LANE
APPEAL
SPEAKERS
LILAC LANE 16370/RESIDENTIAL APPEAL/SECOND STORY
The following people addressed this Item:
Debbie and Wesley Leong, owner, applicant, appellant, spoke of their
800 square foot pop-up addition. They noted that it was not a full two
story and would not be an impact to their immediate neighbors. An
attempt at a one story addition caused a boxy look to the home and
took all their backyard space. They also noted the many large second
stories that were being built in the Manor neighborhood and explained
that their modest addition was tastefully designed with elements from
Cannon Designs.
Ann Davis, neighbor, spoke in support of the design and had no
objections to the addition.
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Continued on next page.
Bill Broad, neighbor, spoke in support of the proposal and noted the
other two stories in the neighborhood.
Sue Barden, neighbor, spoke of being included in discussions with the
Leongs concerning the plans for their home which she supports.
Mari Yamashiro, neighbor, spoke in support.
Shervin Farhadi, neighbor, was concerned about the square footage
and had not heard about the proposal and had not been included in the
discussions. He lives one street over and would like to know what is
being considered and what that would mean to the changing makeup
of his neighborhood.
Carol Roesser, neighbor, supports this plan. Her home can only be
added to by going up as her lot is too small to expand on a single story
level. She is concerned about annexation if the second story option
will be denied her by the Town’s present policies.
Eric Morley, neighbor, spoke of his growing family and the desire to
add on to their home in their neighborhood. He noted that neighbors
define neighborhood and their concerns for one another and their
homes should be considered. He supported the proposed plans.
Jim Hardigan, neighbor, spoke of modest expansion and the needs of
these growing families for additional living area. He supports the
project which will enhance the neighborhood.
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
7:30
PM
ITEM 19
16370 LILAC LANE
APPEAL
SPEAKERS
CONTINUED
LILAC LANE 16370/RESIDENTIAL APPEAL/CONTINUED
The following people addressed this Item: (continued)
Cindy Steele, neighbor, supported the proposal and the need to allow
for modest additions in the Manor. She noted that the annexation
contingent needed to know if Council heard their concerns.
Carol Gruetzner, neighbor, supporter of the annexation to the Town
also supported the need for approval of modest second story additions.
Debbie and Wesley Leong, applicant/appellant, spoke of their
continued efforts in communicating with their neighbors and that they
would be happy to address the concerns of the two speakers this
evening who had not heard of this application or seen the plans.
9:12
PM
PUBLIC HEARING
CLOSED
Mayor Glickman closed the public hearing.
9:13
PM
ITEM 19
MOTION
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council
uphold the Appeal and deny the Planning Commission’s decision and
approve Architecture and Site Application S-04-41. Planning
Commission was not at fault as they were not able to make the policy
decisions necessary to continue reviewing the application in regards to
the definition of neighborhood and the allowance of two story homes
in the Manor.
9:14
PM
COUNCIL
COMMENTS WITHIN
THE MOTION
COUNCIL COMMENTS:
* Definition of neighborhood is broader than the Planning
Commission defined.
* This is a neighborhood with one and two story homes.
* Design to be considered in relation to the neighborhood’s unique
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character and location
* A design policy considering neighborhoods’ present and transitional
needs should be developed.
* This proposal is not too massive.
* The pop-up is not a full two story and preserves architecture and
design when viewed from the street
* This project meets the current Town’s requirements.
* The project incorporates and mitigates the neighbors’ concerns
* Neighbors bring their energy and ideas into play to invigorate their
environment and bring forth the individual elements which create their
community in their present and evolving district.
9:38
PM
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
9:38
PM
ITEM 19
CONTINUING
COMMENTS
LILAC LANE
LILAC LANE 16370/RESIDENTIAL APPEAL/CONTINUED
Motion remaining on floor during discussion:
Bud Lortz, Director of Community Development, noted that the
Planning Commission would receive a full report on the comments
from Council this evening, and that the General Plan Committee will
be looking at the residential development standards this fall.
Orry Korb, Town Attorney, will return with a resolution from the
decisions tonight but the definition of neighborhood would not be
present. The process of taking that issue before the General Plan
Committee would be followed first and the determination that
neighborhood was not set by a physical boundary would be noted.
9:43
PM
ITEM 19
FINDINGS
LILAC LANE
LILAC LANE 16370/RESIDENTIAL APPEAL/FINDINGS
Mr. Pirzynski made the following findings and considerations:
1) That the project is Categorically Exempt pursuant to Section 15301
of the State Environmental Guidelines (CEQA) as adopted by the
Town
2) That the Considerations as found in Attachment 3 of the staff report
are made as required by Section 29.20.150 of the Town Code Zoning
Regulations for Architecture and Site applications.
3) That Consideration 6 be particularly followed as it relates to height,
width and shape being consistent with the present and future character
of the neighborhood.
4) That the Conditions of Approval as found in Attachment 4 of the
staff report be entered also into this record as findings for the proposed
project.
9:44
PM
ITEM 19
MOTION CALLED
LILAC LANE 16370/MOTION OF APPROVAL
Called for motion: Carried unanimously.
9:45
PM
RECESS CALLED Mayor Glickman called a five minute recess
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
9:50
PM
ITEM 20 ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
Mayor Glickman stated that this was the time and place duly noted
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HAZARDOUS
VEGETATION
(BRUSH)
for public hearing to consider the report of the County Fire Marshal on
the abatement of hazardous vegetation (brush) for the 2003-2004
season.
There was no one from the audience to address this subject.
Council consensus to accept and file informational report. (20.33)
PUBLIC HEARINGS PUBLIC HEARINGS CONTINUED
9:53
PM
ITEM 21
HAZARDOUS
VEGETATION
(WEEDS)
Resolution 2004-101
ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider adopting resolution approving County
Fire Marshal’s report on the abatement of hazardous vegetation
(weeds).
There was no one from the audience to address this subject.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, that Council
adopt Resolution 2004-101 entitled, RESOLUTION OF TOWN OF
LOS GATOS ADOPTING REPORT DESCRIBING PARCELS
OF REAL PROPERTY, AND SHOWING AMOUNT OF
HAZARDOUS VEGETATION (WEEDS) ABATEMENT
ASSESSMENTS TO BE COLLECTED ON THE SECURED
PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS FOR
THE FISCAL YEAR 2003-2004. Carried unanimously. (21.33)
OTHER BUSINESS OTHER BUSINESS
There was no Other Business on the agenda this evening.
9:55
PM
ITEM 22
COUNCIL MATTERS
APPOINTMENT
MEASURE 1A
COUNCIL MATTERS:
Council Appointment to Santa Clara County Cities Association Ad
Hoc Economic Development Committee.
Motion by Mr. Pirzynski, seconded by Mr. Wasserman, to appoint
Councilmember Diane McNutt to the Santa Clara County Cities
Association Ad Hoc Economic Development Committee. Carried
unanimously. (22.28-12)
Council asked Manager Figone to comment on the State Budget, the
Town Budget and the status of Measure 1A that is to be on the ballot
in November.
Councilmember McNutt thanked staff once again for all of their
efforts on the Reservoir Road project especially in the management of
the truck routes.
10:01
PM
ITEM 24
MANAGER MATTERS
MANAGER’S MATTERS (24.28)
There were no issues to be discussed this evening under this item.
10:02
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 10:02 PM
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Town Council Minutes August 2, 2004
Redevelopment Agency Los Gatos, California
ATTEST:Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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