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M 07-02-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 2, 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 7:39 p.m., Monday, July 2, 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. MUSEUM COMMISSION/PRESENTATION/DR. GEORGE NEUKAM Mayor Ferrito presented a commendation for service on the Museum Commission to Dr. George Neukam. Dr. Neukam was present to receive his commendation. Mayor Ferrito announced that Museum Commissioner, Diane McNutt, was not present to receive her commendation but that it would be presented at a later time. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in continued Closed Session at the end of the last Council Meeting, June 25, 1990, pursuant to Government Code Section 54957 to discuss Personnel. There is no report from that discussion. Prior to this evening's meeting, Council met in Closed Session to discuss a number of Pending Litigation matters pursuant to Government Code Section 54956.9(a). Cases discussed were Kang Ming Ho vs Town Council, Ian Jack vs Quigley, (a workers compensation collection matter), and Crafford vs Town of Los Gatos, et al. There is no report from those discussions at this time. Pursuant to Government Code Section 54956.9(c) to discuss the Institution of Litigation regarding Route 85. There is no report from that discussion. TC:D1:MM070290 COUNTY REFERRALS Informational report regarding county referrals was received and filed. Mayor Ferrito commended staff for their efforts in dealing with the county on this item and requested that staff continue following this matter and bring it back for review after November elections and the selection of a new supervisor. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report regarding status of pending Planning Department applications and projects was received and filed. TC:D1:MM070290 July 2, 1990 Los Gatos, California COUNCIL CALENDAR OF MEETINGS Informational report regarding calendar of upcoming Town meetings was received and filed. PAYROLL/RATIFICATION/JUNE 15, 1990 Motion by Mr. Carlson, seconded by Mr. Ventura, for ratification of the accompanying check registers for payroll in the amount of $225,786.00. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1990 Motion by Mr. Carlson, seconded by Mr. Ventura, for ratification of accounts payable invoices and accompanying check registers in the amount of $502,001.00 paid on June 15 and June 22, 1990. Carried unanimously. ALMA COLLEGE/STATE PARK PURCHASE/FEASIBILITY/$30,000 ALLOCATION Motion by Mr. Carlson, seconded by Mr. Ventura, that Council support a proposal by Assemblyman Dominic Cortese for the allocation of $30,000 from the Public Resources Account of the Proposition 99 Tobacco Tax Fund to perform a feasibility study for State park purchase of the Alma College Site. Carried unanimously. YOUTH SCIENCE INSTITUTE/10-KILOMETER RACE/SEPTEMBER 10, 1990 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve the request by The Youth Science Institute to hold its Seventh Annual Vasona Park 10-Kilometer Wildlife Run on Sunday, September 16, 1990, subject to the restrictions outlined in the staff report. Carried unanimously. COPY MACHINE/SAVIN 7500/PURCHASE AGREEMENT/RESOLUTION 1990-139 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ACQUISITION OF A SAVIN 7500 COPY MACHINE. Carried unanimously. APPROPRIATIONS LIMIT/PROP 4, GANN INITIATIVE/RESOLUTION 1990-140 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SETTING THE FY 1990-91 APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE XIII(B) OF THE STATE CONSTITUTION. Carried unanimously. EMERGENCY/TERMINATION OF/RESOLUTION 1990-141 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING TERMINATION OF THE EXISTENCE OF A LOCAL EMERGENCY. Carried unanimously. TC:D1:MM070290 July 2, 1990 Los Gatos, California UNIVERSITY AVE 412/STECZ/APPEAL DENIAL/RESOLUTION 1990-142 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF PLANS TO SUBDIVIDE A PREVIOUSLY MERGED PARCEL INTO TWO LOTS, TO MOVE AN EXISTING THREE-UNIT RESIDENTIAL STRUCTURE ON TC:D1:MM070290 July 2, 1990 Los Gatos, California UNIVERSITY AVE CONT. TO ONE OF THE PARCELS AND TO DECREASE THE NUMBER OF DWELLING UNITS FROM THREE TO ONE ON PROPERTY IN THE R1-D ZONE. Carried unanimously. FILM PERMITS/COMMERCIAL FILMING/ADD ARTICLE 2 TO CHAPTER 33 OF TOWN CODE ORDINANCE 1827 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1827 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE II TO CHAPTER 33 OF THE TOWN CODE ESTABLISHING A COMMERCIAL FILM PERMIT PROCESS, which was introduced at the meeting of June 18, 1990. Carried unanimously. TRAFFIC MITIGATION FEES/ADD CHAPTER 37 TO TOWN CODE/ORDINANCE 1828 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1828 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 37 TO THE TOWN CODE OF THE TOWN OF LOS GATOS ESTABLISHING TRAFFIC IMPACT MITIGATION FEES, which was introduced at the Town Council meeting of June 18, 1990. Carried unanimously. VERBAL COMMUNICATIONS Mr. and Mrs. Fromm, 227 Los Gatos Boulevard, requested clarification of demolition order which they had received. Council advised them that they could appeal this order. HEARINGS BLOSSOM HILL RD 300/OPEN SPACE DISTRICT/VASONA HILLS/RESOLUTION 1990-143 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider instituting an Open Space Maintenance District within the bounds of Tract 8280 Vasona Hills Subdivision, located at 300 Blossom Hill Road. Property Owner: Edward Nino. Applicant: Ainsley Development. The following person from the audience wished to address this issue: Linda Callon, 10 Almaden Blvd., San Jose, representing Ainsley Development, asked that the maintenance agreement not cover the creek trail and erosion control. There was no one else who wished to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. TC:D1:MM070290 July 2, 1990 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORM AN OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8280 VASONA HILLS SUBDIVISION, LOCATED AT 300 BLOSSOM HILL ROAD, which is "A" as proposed in staff report and "B" and "C" excluding erosion control. Carried by a vote of 4 ayes. Mr. Ventura voted no, stating that Town has been spending substantial sums on erosion control and the Town should try to avoid future maintenance responsibility for erosion control. TC:D1:MM070290 July 2, 1990 Los Gatos, California ST. JOSEPH'S HILL OPEN SPACE PRESERVE/AMEND GENERAL AND HILLSIDE PLAN DELETION OF PUBLIC ROAD/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider amendments to the General Plan and Hillside Specific Plan regarding deletion of the designation of a public road through the St. Joseph's Hill Open Space Preserve. General Plan Amendment GP-90-4. Hillside Specific Plan Amendment GP-90-5. The following person from the audience wished to address this issue: Mr. Charles Bedolla, representing Mr. Kang Ming Ho and on behalf Thomas S. Jordon, Esq., of Western California University, requested Council's consideration of modification of this precise area due to the fact that the matter is under litigation. Mayor Ferrito stated that this action was taken solely to update planning documents indicating that this is a private road. There was no one else who wished to speak to this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Consensus motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the finding that General Plan Amendment GP-90-4 is internally consistent with general planing that no private roads are shown in our General Plan, and based on our past action regarding the Guadalupe College application, this is now a private road. Carried unanimously. NATIONAL AVE 15347/KOSICH BROS/PLANNED DEVELOPMENT/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider a change in zone from R-1:8,000 to R-1:8,000 PD to permit the demolition of an existing single-family residence and a secondary dwelling unit on an approximately one acre parcel and construction of four single-family residences. Zone Change Application: Z-89-2. Address 15347 National Ave. Property Owner: Kosich Brothers. Applicant: Dick Finnegan,Inc. The following people from the audience wished to address this issue: Dewey Kosich, Kosich Brothers Construction, asked that Council move this application along and not wait for adoption of traffic policy. He agreed to the increase in new traffic mitigation fees as applied to his project which would be $14,104 instead of $9,000 under the present fee structure. Wes Kosich, Kosich Brothers Construction, asked for refund if traffic fees decreased. No one else from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried TC:D1:MM070290 July 2, 1990 Los Gatos, California unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that the proposed amendment is consistent with the General Plan and the traffic impact fees on page three reflect the new and current mitigation fees of $14,104, noting that the density of the resulting development would still be within that specified in the General Plan and that since the approval by the Planning Commission was in anticipation of our change in traffic policy that this additional condition makes the fee similar to what is imposed under the new Traffic Policy. Carried unanimously. TC:D1:MM070290 July 2, 1990 Los Gatos, California NATIONAL AVE CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to waive the reading for draft Ordinance. Carried unanimously. The Town Clerk read the Title of the draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE, NO. FROM R-1:8000 TO R1:8000- PD. Carried unanimously. LESTER LANE 155/S-90-25/TREE REMOVAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of decision of the Planning Director in denying a request to remove a Town protected tree on property in the R1:8000 zone. Architecture and Site Application S-90-25. Address: 155 Lester Lane. Property Owner: Walter Wade. Mr. Ventura stated that he holds interest in property that is near by to this parcel and will therefore abstain. The following person from the audience wished to address this issue: Walter Wade, 155 Lester Lane, asked that Council reconsider his request to remove tree feeling that the Town would be liable should his tree fall. Bob Bryant, Parks, Forestry and Maintenance Director, spoke in favor of keeping the tree and to proceed with selective thinning. Mary Jo Levinger, Town Attorney, addressed the issue of liability for the Town, and State Government Code Immunity concerning the issuance and denial of permits, stating there would be no liability to the Town in this instance. Sara Todd, Jo Drive, spoke in favor of saving the tree. There was no one else from the audience to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura abstained for reason previously stated. Motion by Mr. Carlson, seconded by Mayor Ferrito, that Council uphold the Planning Commission's decision to deny the application to remove the protected tree since the specimen tree is in excellent health, does not constitute a safety hazard and is not affecting the adjacent fence and retaining wall. Carried by a vote of 4 ayes. Mr. Ventura abstained. Consensus motion, that the Department of Parks, Forestry and Maintenance contact PG & E to see if they will inspect this situation as to its effect on the power lines. TC:D1:MM070290 July 2, 1990 Los Gatos, California TRAFFIC IMPACT MITIGATION FEES/RESOLUTION 1990-144 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the establishment of traffic impact mitigation fees and adoption of accompanying resolution. The following person from the audience wished to address this issue: Taylor McCroy, 14 W. Main, requested information on mitigation fees for residential property. There was no one else from the audience who wished to address this issue. TC:D1:MM070290 July 2, 1990 Los Gatos, California TRAFFIC IMPACT CONT. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING TRAFFIC IMPACT MITIGATION FEES. Carried by a vote of 3 ayes. Mr. Ventura voted no stating certain fees were missing and would like to see them added at this time. Mr. Carlson voted no stating that these fees discourage all types of development and would like to see fee structure encourage types of development attractive to Council and fees that would discourage projects unappealing to Council. MOTION PICTURE FILMING/POLICE FEES/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider adoption of resolution establishing a schedule of fees for police department services for motion picture, television, and commercial still photography, and rescinding Resolution 1990-62, with recommendation to continue this item to July 16, 1990. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council continue this item to July 16, 1990. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. Mayor Ferrito requested information regarding the probable length of hearings and whether a quorum would be present during Council members' vacation times. Consensus that schedules need to be carefully considered during these vacation weeks. ANGEL COURT 102/FENCE RELOCATION Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize Department of Maintenance to relocate the entire length of the fence, 300 feet, at full cost to the Town of $3,000. That this be done with full consent, and delineated map, acquired from the owners. Carried unanimously. MINUTES OF JUNE 18, 1990 Mr. Ventura requested modification to page 10, Traffic Impacts, to add at the end of paragraph, .....and would be reason to find that they are a benefit to the Town "providing they are non-intensive at peak hour traffic periods." Mr. Ferrito request modification to page 10, Traffic Impacts, to add to his no vote. ....."simply because they produce sales tax. There may be adverse impacts TC:D1:MM070290 July 2, 1990 Los Gatos, California associated with some developments that are not justified by the increase in sales tax." Mrs. Benjamin requested correction to page 10, Downtown Parking, to reflect the creative solution suggested in the report but wait until the new lots are finished before implementing and that the Chamber and the Downtown Association should work with the merchants and employees in trying to deal with the problem of parking. TC:D1:MM070290 July 2, 1990 Los Gatos, California MINUTES CONT. Mrs. Benjamin requested page 9, Solid Waste, to reflect in her vote, .....education of the users of the program "which includes uses for recycled materials, and that the new rate scale is discriminatory toward people with families and without gardeners." Mr. Carlson requested correction to page 6, Traffic Impact Policy, to have first consensus motion include the deletion of the Community Needs Assessment. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt the minutes of June 18, 1990 as corrected. Carried unanimously. MINUTES OF JUNE 25, 1990 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt the minutes of June 25, 1990 as submitted. Carried unanimously. TREASURER'S REPORT Informational report from the Town Treasurer for May 31, 1990, received and filed. FIRE CODE 1988/INTRODUCTION OF ORDINANCE Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of the draft Ordinance. Carried unanimously. The Town Clerk read the Title of the draft Ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 12 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO FIRE PREVENTION AND PROTECTION TO REPEAL THE 1982 UNIFORM FIRE CODE AND TO ADOPT THE 1988 UNIFORM FIRE CODE, AS AMENDED. Carried unanimously. GENERAL PLAN AMENDMENT/PUBLIC ROAD DELETION/ST. JOSEPH'S HILL OPEN SPACE RESOLUTION 1990-146 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN REGARDING TRAFFIC IMPACTS AND THE DELETION OF THE DESIGNATION OF A PUBLIC ACCESS ROAD THROUGH THE ST. JOSEPH'S HILL OPEN SPACE PRESERVE. Carried unanimously. TRAFFIC IMPACT POLICY/RESOLUTION 1990-147 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- TC:D1:MM070290 July 2, 1990 Los Gatos, California 147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE TRAFFIC IMPACT POLICY. Carried unanimously. HILLSIDE SPECIFIC PLAN AMENDMENT/PUBLIC ROAD DELETION/ST. JOSEPH'S HILL OPEN SPACE/RESOLUTION 1990-148 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO THE HILLSIDE SPECIFIC PLAN REGARDING THE DELETION OF THE TC:D1:MM070290 July 2, 1990 Los Gatos, California HILLSIDE PLAN CONT. DESIGNATION OF A PUBLIC ACCESS ROAD THROUGH THE ST. JOSEPH'S HILL OPEN SPACE PRESERVE. Carried unanimously. TRAFFIC IMPACTS/ZONING ORDINANCE AMENDMENT/INTRODUCTION OF ORDINANCE Motion by Mr. Carlson, seconded by Mr. Ventura, to waive the reading of the draft Ordinance. Carried unanimously. The Town Clerk read the Title of the draft Ordinance. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS. Carried unanimously. FORTUNE TELLING BUSINESS/INTRODUCTION OF ORDINANCE Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of the draft Ordinance. Carried unanimously. The Clerk read the Title of the draft Ordinance. Mayor Ferrito raised several questions and it was the consensus of Council to continue this item until further consideration could be given to the draft Ordinance. Carried unanimously. SECONDARY DWELLING UNITS/GENERAL PLAN AMENDMENT/RESOLUTION 1990-149 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council make the finding that General Plan Amendment GP-90-1 is internally consistent with the General Plan, and that Council adopt Resolution 1990-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN REGARDING SECONDARY DWELLING UNITS, which is Alternative #1, in the staff report, and Council Referral to the Planning Commission on May 7, 1990, requesting amendments to the General Plan and Zoning Ordinance that would allow new Secondary Units in the R- 1D, RM and PD zones on. Carried by a vote of 3 ayes. Mr. Carlson voted no for reasons stated in previous record and because he favors Alternative #2. Mayor Ferrito voted no for reasons stated in previous record and because he favors Alternative #3. SECONDARY DWELLING UNITS/ZONING ORDINANCE AMENDMENT Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council make the finding that Zoning Ordinance Amendment A-90-1 is consistent with the General Plan. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito voted no. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council waive the reading of the draft Ordinance amending the Zoning Ordinance. Carried unanimously. The Clerk read the Title of the draft Ordinance. TC:D1:MM070290 July 2, 1990 Los Gatos, California Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft Ordinance amending the Zoning Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO ALLOW NEW SECONDARY UNITS ONLY IN THE R-1D, RM AND PD ZONES. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito voted no. TC:D1:MM070290 July 2, 1990 Los Gatos, California CERTIFIED LOCAL GOVERNMENT/HISTORIC PRESERVATION COMMITTEE RESOLUTION 1990-150 Motion by Mr. Carlson, seconded by Mr. Hamilton, to make the finding that Zoning Ordinance Amendment A-90-6 is consistent with the General Plan and that Council waive the reading of the draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Ordinance. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council introduce the draft Zoning Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE DUTIES OF THE PLANNING COMMISSION IN REGARD TO HISTORIC PRESERVATION AND THE COMPOSITION, POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMITTEE. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE HISTORIC PRESERVATION COMMITTEE AS AN ADVISORY BODY TO THE PLANNING COMMISSION. Carried unanimously. Mr. Ventura mentioned for the record that he supported the motion because he thinks it is important to get started on the historic districts but his reservations regarding the composition of the committee and its ability to get proper architectural styling in the historic districts is still a concern. TOXIC GASES/UNIFORM FIRE CODE AMENDMENT/INTRODUCTION OF ORDINANCE Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 12 OF THE TOWN CODE AND AMENDING THE 1988 EDITION OF THE UNIFORM FIRE CODE BY ADDING ARTICLE 1988 REGULATING FACILITIES WHERE MATERIALS WHICH ARE OR WHICH MAY BECOME TOXIC GASES ARE FOUND. Carried unanimously. Doug Sporleder, Chief of Central Fire District, explained who had been noticed and how this subject would be handled. David Gillard, Central Fire District, explained the compressed gas that is used in some pool facilities to dispense chlorine. TC:D1:MM070290 July 2, 1990 Los Gatos, California KNOWLES DRIVE/LEASE OR PURCHASE OF PROPERTY Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Town Manager to forward a letter to the County of Santa Clara stating the Town's interest in leasing or purchasing the property. Carried unanimously. TC:D1:MM070290 July 2, 1990 Los Gatos, California EARTHQUAKE FUNDS/BASEBALL FUNDS/ALLOCATION OF PRIVATE FUNDS WILDER AVE 146 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council approve allocation of private interest earthquake funds as outlined in exhibit 1 of staff report and include the following 4 amendments to that report: that the first priority given to projects will be one of safety and the abatement of hazardous conditions; eligibility criteria shall include pre-1941 structures; funding shall include refinancing along with sale or transfer; all applications shall be held and reviewed at one time after Town has advertised and noticed people of the availability of these funds. Carried unanimously. The property at 146 Wilder Ave. will be considered at the same time as the other applications for these funds are considered. PROJECT 8805/DOWNTOWN/PARKING ASSESSMENT DISTRICT/LOT 4 HAZARDOUS WASTE REMEDIATION Motion by Mr. Carlson, seconded by Mr. Ventura, that Council authorize a special appropriation of $364,000 to cover the expense of removal of the hazardous waste material and site testing to date, and request that Parking Commission notify the Council as to any creative ideas they may have to reimburse the Town other than parking revenues. Carried by a vote of 3 ayes. Mr. Hamilton and Mayor Ferrito abstained due to a possible conflict of interest. Carried unanimously. ADJOURNMENT Mayor Ferrito announced adjournment at 9:45 p.m. Mary Jo Levinger, Town Attorney, announced that this adjournment will be to Closed Session at 5:30 p.m., July 9, 1990, to discuss a Personnel item pursuant to Government Code Section 54957, and Institution of Litigation in regard to Route 85 pursuant to Government Code Section 54956.9(c). Additionally these same items will be discussed in Closed Session July 10, 1990, at 6:00 p.m. after adjourning on July 9, to July 10, 1990. ATTEST: TC:D1:MM070290 July 2, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM070290