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M 11-04-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 4, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:40 p.m., Monday, November 4, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson and Mayor Brent N. Ventura. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PARKING COMMISSION/APPOINTMENT Mayor Ventura announced that an application had been received for one vacancy on the Parking Commission. Motion by Carlson, seconded by Mrs. Benjamin, to appoint Ed Stahl to fill the unexpired term to end January 1, 1992. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRAL FOR OCTOBER 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommendations from staff as follows: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION A. Projects Outside the Urban Service Area: 4600-27-42-90LA 21397 & 21399 Lee Dr.Lorimore Time Extension No Comment B. Projects Inside the Urban Service Area: 3687-36-50-88G-88B Hicks Road Fee Time Extension TC:D2:MM110491 Denial 5061-29-56-91SP 14825 La Rinconada Dr.Friedlander Special Permit Denial C. Status of Previous Referrals/Appeals: None Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. TC:D2:MM110491 November 4, 1991 Los Gatos, California PAYROLL/RATIFICATION/OCTOBER 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of September 29 through October 12, 1991 in the amount of $204,776.35 paid on October 18, 1991. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $329,568.60 paid on October 18, 23, and 25, 1991. Carried unanimously. BUDGET REPORT/FIRST QUARTER 1991-92 Informational item for Council was received and filed. CLAIM REJECTION/CARY CALDWELL Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Cary Caldwell filed with the Town Clerk on September 30, 1991. Carried unanimously. CLAIM REJECTION/RENEE RUSSO Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Renee Russo filed with the Town Clerk on October 7, 1991. Carried unanimously. LOS GATOS BOULEVARD 15721/FEE REFUND Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council direct staff to process a refund of $920.00 to A Rental Center. Carried unanimously. 9201 PROJECT/ANNUAL STREET RESURFACING/COMPLETION NOTICE Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9201 - Annual Street Resurfacing. Carried unanimously. 8805 PROJECT/LOT 4/PARKING/TASK 6 FUNDING/REMEDIATION/RESOLUTION 1991- 239 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council appropriate $65,245.98 from Fund 72, Remediation, Phase II (the Remediation Account) Lot 4 Remediation program to fund all Applied GeoSystems (AGS) services rendered through September 22, 1991, that were not in the original October 1, 1990 contract. This contract stipulates that additional services are to be negotiated. This action includes funding the budget overruns of two tasks and funding all of Task 6 - Quarterly Groundwater Monitoring and related reports and that Council adopt Resolution 1991-239 entitled, RESOLUTION OF THE TOWN OF LOS TC:D2:MM110491 November 4, 1991 Los Gatos, California GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AN AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND APPLIED GEOSYSTEMS FOR CONSULTANT SERVICES FOR PARKING ASSESSMENT DISTRICT LOT #4 - PROJECT 8805. Carried unanimously. HORSE-DRAWN CARRIAGE/HOLIDAY SEASON/CHAMBER OF COMMERCE Informational item for Council was received and filed. TC:D2:MM110491 November 4, 1991 Los Gatos, California TRAFFIC AUTHORITY PROJECT/TOWN ADMINISTRATION Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the concept of Town staff administering the Winchester Boulevard retaining wall project and the Wimbledon Drive at Winchester Boulevard traffic signal project for the Santa Clara County Traffic Authority, and that Council direct staff to work with the Traffic Authority on an agreement between the Town and Traffic Authority regarding the administration of these projects. Carried unanimously. ALCOHOL BEVERAGE CONTROL/FUNDING/RESOLUTION 1991-240 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 240 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CALLING FOR THE RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1991-92 AND THEREAFTER FOR THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL AND URGING THE GOVERNOR AND THE STATE LEGISLATURE TO APPROVE FUNDING FOR THE ABC IN ORDER TO CONTINUE ABC ENFORCEMENT AT LEAST AT PRESENT LEVELS. Carried unanimously. "AVOID THE THIRTEEN"/CAMPAIGN AGAINST INTOXICATED DRIVERS RESOLUTION 1991-241 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 241 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOGNIZING "AVOID THE THIRTEEN" AS A HOLIDAY LAW ENFORCEMENT CAMPAIGN AGAINST DRINKING DRIVERS IN SANTA CLARA COUNTY. Carried unanimously. UNIVERSITY AVE 631/HANDEL JONES/OFFICE USE APPEAL/RESOLUTION 1991-242 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 242 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF THE PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR'S DECISION TO DENY OCCUPANCY OF A STRUCTURE FOR OFFICE USE IN THE LM-ZONE (631 UNIVERSITY AVENUE/OWNER/APPLICANT:HANDEL JONES), which incorporates the Council findings and decision at its meeting of October 21, 1991. Carried by a vote of 4 ayes. Mayor Ventura voted no for reasons stated in previous record. SANTA CRUZ AVE S 20/CHEVY'S RESTAURANT/CONDITIONAL USE PERMIT APPEAL/RESOLUTION 1991-243 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 243 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION A REQUEST FOR PERMISSION TO OPERATE A FULL SERVICE RESTAURANT WITH A SEPARATE BAR, OUTDOOR SEATING, AND THE TC:D2:MM110491 November 4, 1991 Los Gatos, California UNLIMITED SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AND EXTERIOR MODIFICATIONS ON PROPERTY IN THE C-2 ZONE. CONDITIONAL USE PERMIT APPLICATION U-85-2B AND ARCHITECTURE AND SITE APPLICATION S-91-43. (20 s. SANTA CRUZ AVENUE/OWNER: SIMCO VI PARTNERS, ET AL. APPELLANT:CHEVY'S, INC.), which incorporates the Council findings and decision at its meeting of October 21, 1991. Carried unanimously. TC:D2:MM110491 November 4, 1991 Los Gatos, California MASSOL 141/MARTIN/SECONDARY DWELLING RELOCATION/RESOLUTION 1991-244 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 244 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF THE PLANNING COMMISSION DENYING PLANS FOR THE EXPANSION OF A SINGLE-FAMILY RESIDENCE AND RELOCATION OF A SECONDARY DWELLING UNIT ON PROPERTY IN THE R-1D-LHP ZONE; ARCHITECTURE AND SITE APPLICATION: S-91-55. (141 MASSOL AVENUE/OWNER: BILL AND SHARON MARTIN/APPELLANT: TONY JEANS), which incorporates the Council findings and decision at its meeting of October 21, 1991. Carried unanimously. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT/ORDINANCE 1876 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1876 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT, which was introduced at the Town Council meeting of October 21, 1991. Carried unanimously. CIGARETTE OR TOBACCO VENDING MACHINES/PROHIBITION/ORDINANCE 1877 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1877 entitled, ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE USE OF CIGARETTE OR TOBACCO VENDING MACHINES IN PUBLIC PLACES, which was introduced at the Town Council meeting of October 7, 1991. Carried unanimously. WINCHESTER AND LARK/ZONE CHANGE: CM TO O/TOWN PROPERTY/ORDINANCE 1878 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1878 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO. 126 FROM CM TO O FOR THE PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER BOULEVARD AND LARK AVENUE, which was introduced at the Town Council meeting of July 1, 1991. Carried unanimously. VERBAL COMMUNICATIONS There was no one in the audience wishing to speak to the Council. PUBLIC HEARINGS DITTOS LANE 20/ZONE CHANGE/DENIAL OF APPEAL/MARKO GERA/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny a request for approval TC:D2:MM110491 November 4, 1991 Los Gatos, California of a zone change from R-1D (single-family residential, downtown) to R-1D-PD (single-family residential, downtown-planned development) for the construction of a 16 unit residential development, negative declaration ND-91-6 and zone change application. Property located at 20 Dittos Lane, owner Marko Gera. TC:D2:MM110491 November 4, 1991 Los Gatos, California HEARINGS CONTINUED DITTOS LANE CONT. The following people from the audience spoke to this issue: Tom Whitford, of Whitford Designs, Sunnyvale, representing Mr. Gera, requested guidance from Council if they do not approve the current project and a direction as to which ingress and egress route to use. Laura Howard, 35 College Ave., spoke against the College Ave. access plan. Robert Simons, 51 College Ave., was not in favor of the College Ave. access. Mr. & Mrs. Patterson, 20 E. Main St, representing Mr. Moss, owner of the Penthouse Apartments, does not approve of the Dittos Lane access, since it is unsafe for the residents in this area. Marko Gera, Spring Brook Lane, Saratoga, owner of 20 Dittos Ln, asked that Council allow the project to return to DRC for further consideration. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, that the applicant come before the Conceptual Design Committee in order to receive direction for project. Motion dies for lack of second. Comment being that the ability to come before the committee does not need a motion but is available to the applicant at any time. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council uphold the Planning Commission's decision, citing no evidence of error, and deny Zone Change Application Z-86- 4A. Carried unanimously. NATIONAL AVE. 15347/R & Z DEVELOPMENT/ZONE CHANGE/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider a Planning Commission recommendation of approval of a request for modification of an existing planned development to permit a change to the minimum side yard setback from 8 feet to 7 feet on property in the R-1:8-PD Zone, Zone Change Application Z-89-2A. Property located at 15347 National Ave. Property owner R & Z Development. The following person from the audience spoke regarding this subject: Vitga Cymbel, representing Westfall Engineers, Inc, 14583 Big Basin Way, Saratoga, was willing to answer any questions Council might have. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Carlson, that Council close the public hearing. TC:D2:MM110491 November 4, 1991 Los Gatos, California Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, that Council find the Zone Change Amendment is consistent with the General Plan as applicable. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, to waive the reading. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. TC:D2:MM110491 November 4, 1991 Los Gatos, California HEARINGS CONTINUED NATIONAL AVE. CONT. Motion by Mr. Blanton, seconded by Mr. Carlson, that Council introduce the Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1833 RELATING TO MODIFIED SIDE YARD SETBACKS AFFECTING ZONE CHANGE NO. 83 FROM R-1:8 TO R-1:8000-PD. Carried unanimously. UNIVERSITY AVE. 237/DENIAL OF REQUEST FOR DEMOLITION/MIKE & DAVE HERNANDEZ/EARTHQUAKE DAMAGE/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider an appeal of a decision of the Earthquake Restoration Committee in denying a request to demolish a single-family residence in the R-1D-LHP Zone, Architecture and Site Application ES-91-49A. Property located at 237 University Avenue: owner Mike and Dave Hernandez. The following person from the audience spoke regarding this subject: Scott Baker, Building Services Director, explained the value of this home to the University- Edelen Historic District and the need for its preservation. Its in fairly substantial condition, was never red tagged but is in need of foundation repair. Mayor Ventura stated again for the record that he invites the owners to meet with him to discuss the options for preserving the home. Gary Schloh, Architect for this project, requested a continuance because the owners were not at the meeting and preferred a deferment to the end of the meeting to give the owners time to arrive. No one else from the audience addressed this issue. Mayor Ventura announced that this item would be deferred to about 11 p.m., or after all other matters on the agenda having people to speak to them were attended to. (Decision to continue to December 2, 1991 appears at end of meeting.) PARR AVE W 634/MULTI-FAMILY HOUSING DEVELOPMENT & CHILD CARE CENTER MID-PENINSULA HOUSING COALITION/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to approve plans for the construction of a 64-Unit multi-family development and a child care center on approximately 3.4 acres of property in the O-PD Zone, Architecture and Site Application S-86-24C. Property located at 634 W. Parr Ave. Property owner: National Medical Enterprises. Applicant: Mid-Peninsula Housing Coalition. Owner: National Medical Enterprises. Appellant: TC:D2:MM110491 November 4, 1991 Los Gatos, California Chester Mallory, president of the West Parr Neighborhood Association. The following people from the audience spoke to this issue: Lee Bowman, Planning Director, reminded Council that they had already approved the first step of this project by adopting ordinance regarding the preliminary development plan. That it was now time to approve the Architecture and Site Plan which is a more detailed look at the development. The finding that needs to be made is that the Plan is consistent with the Planned Development which has already been approved. TC:D2:MM110491 November 4, 1991 Los Gatos, California HEARINGS CONTINUED NATIONAL AVE CONT. Speakers continued: Chester Mallory, 1073 Lucot Way, Campbell, representing the West Parr Neighborhood Assoc., presented the case that traffic is degrading the neighborhood of West Parr and spoke against the lack of parking space, density of project and traffic impacts due to the proposed project. Sharon Duggan, 380 Hayes Ave., San Francisco, Attorney for West Parr Neighborhood Assoc., asked for further traffic analysis, stated need for CEQA and a Negative Declaration for the proposed hospital office building. Letter from Mr.Baxton, of Pine Associates in Berkeley to Ms Duggan was submitted for the record. Matt Schwartz, representing Mid-Peninsula Housing Coalition stated that he had been at initial meetings with the hospital in working out mutual concerns relative to parking and traffic, but had not been at any recently. Richard Olmstead, project Architect addressed the safety of the roofing materials to be used in the project and said the materials met the qualifications to be fire retardant. Mike Tibbets, 1553 Capri, Campbell, is concerned about traffic in his neighborhood. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council discussion referred to the following aspects of consideration before plan approval: Projects in the area were pending projects at the time: Hospital project was not an approved project and their ability to build a dense project is not promising due to not allowing housing project access through their land: Significant traffic impact study was done in connection with Route 85 which considers every item mentioned by the Neighborhood Association, and which shows full build out of the area including complete traffic detail as to what can be expected with full build out of that area and completion of Route 85, and which also shows a denser project on this site. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council uphold the Planning Commission's decision to approve plans for the construction of a 64 unit multi-family housing development and a child care center, including review of appropriate landscaping materials. Motion carried by 4 ayes. Mr. Carlson voted no for the following reasons: cannot find that the proposed access is a reason to deny the A&S plan; does not feel that the traffic data is insufficient for decision making; finds no merit in the suggestion that there is inadequate TC:D2:MM110491 November 4, 1991 Los Gatos, California environmental review; but there are elements of design which could be much better in terms of parking layout and access, and negotiation with the hospital should be ongoing concerning these aspects. Motion by Mr. Blanton, seconded by Mr. Attaway, to refer to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. TC:D2:MM110491 November 4, 1991 Los Gatos, California CROSSWALK/LOS GATOS-ALMADEN/PINEHURST Mayor Ventura stated that this was the time and place duly noted for consideration of installing a crosswalk installation at Los Gatos Almaden Road at Pinehurst Avenue. The following person from the audience spoke regarding this subject: Freda Feuer, 15854 Poppy Lane, Monte Sereno, requested installation of a crosswalk for the use of patients, visitors and volunteer workers at the Driftwood Convalescent Hospital in order to visit the shopping center across the street for lunch and an outing. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council request staff to communicate with San Jose regarding insertion of wheelchair ramp on the Driftwood side of the road at which time Los Gatos will insert wheelchair ramps in sidewalk on the Pinehurst side. Carried unanimously. PIGEON KEEPING/RESIDENTIAL ZONES Mayor Ventura stated that this was the time and place duly noted for consideration of changing the Town code regarding the keeping of pigeons in residential zones. The following people from the audience spoke to this issue: Mark Coker, 14402 Oka Lane, displayed some live pigeons and asked to amend ordinance. He has worked with staff and is willing to continue to do so and requested that this issue be forwarded to the Planning Commission for further consideration. Barbara Niles, 245 Johnson Ave, is in favor of the proposed pigeon ordinance. Gene Tabor, 107 Escobar Crt., is in favor of pigeon raising. Cynthia Williams, 47 Broadway, raises her own pigeons in the country and does not wish to see an expansion of pigeon raising in the residential zones and would like to see the present ordinance remain unchanged. Beth MacNamara, 74 Broadway, would like the existing ordinance to remain unchanged. Lyn Reynolds, 7060 Elmsdale Dr., San Jose, explained the need to have at least 25 pigeons for racing, how clean they are kept and requested an ordinance similar to Santa Clara County's which would include a permit fee and licencing for cost recovery. Karen McMillin, 55 Roberts Road, does not want to see the present ordinance change and explained conditions in Milpitas where they have had a pigeon problem. Gene Hamilton, 14045 Shannon Road, had raised pigeons all his life and spoke of the minimum need for 25 pigeons in order to participate in racing. Steve Souza, 6079 Marchmont Drive, San Jose, spoke of the need for a minimum of 25 birds for racing and the cleanliness of the racers due to care and required inoculations. Marilyn O'Neill, Oka Lane, supports her neighbor's hobby and pigeons in her neighborhood. John Pavon, from Castro Valley, has caught over 400 common pigeons in the last six TC:D2:MM110491 November 4, 1991 Los Gatos, California months. These pigeons are wild and cannot live as homing pigeons do. John Leon, 121 Strathmore Place, would like to see the current ordinance remain in place. Robert Anue, 244 Johnson Ave., would like to continue raising homing pigeons as a family hobby and so asked Council to consider changing the current ordinance and send the issue to the Panning Commission for consideration and a hearing. Bob Snyder, representing the West San Jose Homing Pigeon Club, asked for code change to allow more birds in residential zone. No one else from the audience addressed this issue. TC:D2:MM110491 November 4, 1991 Los Gatos, California PIGEON KEEPING CONT. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council send this issue to the Planning Commission to look at: the number of pigeons to be kept on a lot; the lot size in relation to the birds; the conditions for which the birds are used (renting, breeding, racing); concerns of the neighbors; issuance of permits; fees set at cost recovery; and need for public hearing. This item to remain low priority on the issues which Planning Commission has been working. Carried unanimously. ABANDONED VEHICLE ABATEMENT/COUNTY AGREEMENT Motion by Mr. Attaway, seconded by Mr. Carlson, to continue this item to November 18, 1991 and to watch what San Jose is doing during this time. Town to follow what the City of San Jose does concerning this issue. Carried unanimously. SMOKING REGULATION/BUSINESS BUILDINGS/RESTAURANTS Motion by Mrs. Benjamin, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 17-6 OF THE TOWN CODE REGARDING THE REGULATION OF SMOKING IN PUBLIC PLACES, this to include Council's intent that bars not convert themselves into a restaurant facility but allow those patrons that wish to be served a meal that opportunity if the patron specifically requests food service. Carried unanimously. MINUTES OF OCTOBER 7, 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, to approve the Minutes of October 7, 1991 as submitted. Carried by a vote of 4 ayes. Mr. Carlson abstained. MINUTES OF OCTOBER 21, 1991 Mr. Carlson requested amendment to page 9 under the consensus motions of the smoking ordinance to read: "Mr. Carlson abstained on this issue." Motion by Mrs. Benjamin, seconded by Mr. Attaway, to approve the Minutes of October 21, 1991 as amended. Carried unanimously. TREASURER'S REPORT Informational report submitted by the Treasurer to the Council for the month of September 1991, received and filed. TC:D2:MM110491 November 4, 1991 Los Gatos, California AMICUS BRIEF/BURDEN V. SNOWDEN Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council authorize participation in the amicus brief of Burden vs. Snowden, et al. Carried unanimously. TC:D2:MM110491 November 4, 1991 Los Gatos, California AMICUS BRIEF/KNOX V. CITY OF ORLAND Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council authorize participation in the amicus brief of Knox vs. City of Orland. Carried unanimously. TRAFFIC IMPACT/MITIGATION FEES Council consensus to drop this item from the agenda and direct the Town Clerk to schedule this item for public hearing on November 18, 1991. UNIVERSITY AVE. 237/DENIAL OF REQUEST FOR DEMOLITION/MIKE & DAVE HERNANDEZ/EARTHQUAKE DAMAGE/HEARING This item was heard earlier this evening and was deferred for the applicants to appear. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council continue this item to December 2, 1991. Carried unanimously. ADJOURNMENT Motion by Mr. Carlson, seconded by Mr. Blanton, to adjourn this meeting to an Executive Closed Session, and thereafter to an adjourned Council meeting followed by a joint meeting with the Redevelopment Agency on November 12, 1991, which will be preceded by an Executive Session before the joint meeting convenes. Carried unanimously. This evening's meeting adjourned at 9:55 p.m. ATTEST: Kim Kolerus Deputy Clerk TC:D2:MM110491 November 4, 1991 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D2:MM110491