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M 10-19-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 19, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Brent N.Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS YOUTH ADVISORY COMMISSION There are currently two vacancies on the Los Gatos Youth Advisory Commission for adult members. Applications were received from Jack Roper and Julia Ann Lamy. Mrs. Benjamin moved to appoint Julia Lamy to the Los Gatos Advisory Commission. Mr. Carlson seconded. Carried unanimously. Mr. Carlson moved to readvertise for the one remaining opening for an adult member and advise Mr. Roper this application will remain current and Council will interview him at the November 16, 1987 meeting. Mrs. Benjamin seconded. Carried unanimously. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, stated Council met in Closed Session prior to this evenings meeting. Pursuant to Government Code section 54956.9(a) discussion was held on pending litigation of Town vs Gallagher (And Chili's). There is no report. Pursuant to Government Code Section 54956.9(c) discussion was held on institution of litigation for parking citation collection and there is no report. Labor relations were also discussed and there is no report. SCHEDULE OF PUBLIC HEARINGS Council informational report. CITY OF SAN JOSE REFERRALS Council informational report. COUNCIL CALENDAR OF MEETINGS Council informational report. WARRANTS - SEPTEMBER, 1987 Mr. Carlson moved to accept the Accounts Payable Warrants for the month of September, 1987 in the amount of $310,791.14. Mrs. Benjamin seconded. Carried unanimously. PAYROLL & RELATED WARRANTS SEPT. 25 & OCT. 9 Mr. Carlson moved for the approval of the September 25 payroll in the amount of $163,389.45 and related warrants in the amount of $166,111.58 and related warrants in the amount of $116,291.40. Mrs. Benjamin seconded. Carried unanimously. PLANNING COMM./DEPT. MONTHLY REPORT. Council informational report. SECONDARY DWELLING MONTHLY REPORT Mr. Carlson requested a notice be put in the Los Gatos Weekly regarding the time limit on registering secondary dwellings. CODE COMPLIANCE OFFICER REPORT Continued to the October 26, 1987 Council meeting. CHERRY BLOSSOM NEIGHBORHOOD STUDY Mr. Carlson moved to hold a public hearing on November 16, 1987 to review the Cherry Blossom Neighborhood Study. Mrs. Benjamin seconded. Carried unanimously. SIGN - SHANNON AT WOLLEN & HAPPY ACRES Continued to the October 26, 1987 Council meeting. HOUSING CONSERVATION PROGRAM GUIDELINES Mr. Carlson moved to approve revision of the Housing Conservation Program Guidelines to allow for subordination of a loan in the case of a reverse annuity mortgage. Mrs. Benjamin seconded. Carried unanimously. PROJECT 8606 - LOS GATOS CREEK BICYCLE PATH ROBERTS ROAD - OLD TOWN Mr. Carlson moved to authorize the Mayor to sign a letter to Burch Bachtold, District Director, Department of Transportation regarding the Town's concerns on completing the Los Gatos Creek Bicycle Path from Roberts Road to Old Town. Staff to report back at the December 21 meeting with the results of Mr. Bachtold's response. Also send copies of the letter to the legislators and Mr. Bachtold superiors. Mrs. Benjamin seconded. Carried unanimously. Staff to look into the possibility of granting the Town the property and fees and the Town assume the liability problems. LOS GATOS UNION SCHOOL DISTRICT PAYMENT OF FEES FOR CONSTRUCTION OF CORPORATION YARD Mr. Carlson moved to accept staff recommendation and approve the waiver of Construction, Utility and Park Tax to the Los Gatos Union School District and authorize the Manager to process a refund in the amount of $2,860 previously paid; staff work with the School District to pursue options for inspection services so that the most cost effective manner could be utilized; and adopt a policy by minute action requiring a case-by-case review of any fees charged by the Town to public school districts for the development on their own property for school use. Mrs. Benjamin seconded. Carried unanimously. SETTLEMENT OF CLAIM - ABAG PLAN CORPORATION Council informational report. TRAFFIC SAFETY GRANT PROPOSAL Council informational report. W. WALKER - REFUND GRADING PERMIT FEES (16120 GREENRIDGE TERR.) Mr. Carlson moved to authorize a refund of $3,389.50, Engineering Inspection Fee, to Mr. & Mrs. William Walker for property located at 16120 Greenridge Terrace. Mrs. Benjamin seconded. Carried unanimously. CRIPPLED CHILDREN'S SOCIETY USE OF LOT AT LARK & WINCHESTER Mr. Carlson moved to approve the Auxiliary of the Crippled Children's Society request for temporary use of the vacant Town owned lot located at the corner of Lark Avenue and Winchester Boulevard subject to the following recommendations: Applicant shall contact the Town Clerk's Office and file application for exemption of a Business License. Applicant shall obtain a temporary Christmas Tree Lot Permit from the Planning Department. Applicant required to obtain an electrical permit and inspection of temporary power source via the Building Department. Applicant will provide the Town with Special Event Insurance coverage in the amount of $1 million; Town to be named as additionally insured; and provide a Hold Harmless Agreement. Applicant will remove temporary fencing, power source and other fixtures by January 10, 1988. Mrs. Benjamin seconded. Carried unanimously. ADOPTION ORDINANCE RE HOSPITAL SIGNS Continued to the October 26, 1987 Council meeting. ADOPTION ORDINANCE AMEND. SUBDIV. ORDINANCE Continued to the October 26, 1987 Council meeting. YOUTH ADVISORY COMMISSION COMMENDATIONS Mr. Carlson moved for the adoption of the following Resolutions commending the Youth Advisory Commission members: Resolution No. 1987-145 entitled, A RESOLUTION COMMENDING BILL ADAMS; Resolution No. 1987-146 entitled, A RESOLUTION COMMENDING HEATHER L. ADAMS; Resolution No. 1987-147 entitled, A RESOLUTION COMMENDING MICHAEL J. APPLEBY; Resolution No. 1987-148 entitled, A RESOLUTION COMMENDING RACHEL J. BAER; Resolution No. 1987-149 entitled, A RESOLUTION COMMENDING INDRA N. CHATTERJEE; Resolution No. 1987-150 entitled, A RESOLUTION COMMENDING LISA E. COLEMAN; Resolution No. 1987-151 entitled, A RESOLUTION COMMENDING KINDRA M. DONALD; Resolution No. 1987-152 entitled, A RESOLUTION COMMENDING JON DUNNO; Resolution No. 1987-153 entitled, A RESOLUTION COMMENDING TIM A DUZMAL; Resolution No. 1987-154 entitled, A RESOLUTION COMMENDING ROBIN L. FABER; Resolution No. 1987-155 entitled, A RESOLUTION COMMENDING KIRSTEN M. FISH; Resolution No. 1987-156 entitled, A RESOLUTION COMMENDING TIFFANY HACKETT; Resolution No. 1987-157 entitled, A RESOLUTION COMMENDING LIZLI R. JENSEN; Resolution No. 1987-158 entitled, A RESOLUTION COMMENDING FIONA Y. LIN; Resolution No. 1987-159 entitled, A RESOLUTION COMMENDING CAITLIN SCHECHTER; Resolution No. 1987-160 entitled, A RESOLUTION COMMENDING LYN STARR; Resolution No. 1987-161 entitled, A RESOLUTION COMMENDING SHAWN TUTTLE; Resolution No. 1987-162 entitled, A RESOLUTION COMMENDING KEVIN M. WHYTE; Resolution No. 1987-163 entitled, A RESOLUTION COMMENDING KARL S. ZILLES; Resolution No. 1987-164 entitled, A RESOLUTION COMMENDING MARY GILLESPIE. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT TO MID-PENINSULA COALITION HOUSING FUND Mr. Carlson moved for the adoption of Resolution No. 1987-165 entitled, RESOLUTION APPROVING THE AMENDMENT TO THE AGREEMENT TO REHABILITATE HOUSING. Mrs. Benjamin seconded. Carried unanimously. This resolution authorizes the Mayor to sign the amendment to the agreement regarding the loan to Mid-Peninsula Coalition Housing Fund. LOS GATOS BLVD. IMPROVEMENTS PROJECT 8608 Continued to the October 26, 1987 Council meeting. PARKING PROHIBITION BELMONT AVENUE Continued to the October 26, 1987 Council meeting. BUS STOP 214 SARATOGA AVE. Continued to the October 26, 1987 Council meeting. PARKING PROHIBITION NINO & FISHER AVENUES Mr. Carlson moved for the adoption of Resolution No. 1987-166 entitled, PARKING PROHIBITION FISHER AVENUE AND NINO AVENUE. Mrs. Benjamin seconded. Carried unanimously. SHANNON ROAD NO PARKING ZONE FROM SHORT TO LOS GATOS BLVD. Council informational report. COMMENDING GARY WOLFINGER Mr.Carlson moved for the adoption of Resolution No. 1987-167 entitled, A RESOLUTION COMMENDING GARY F. WOLFINGER. Mrs. Benjamin seconded. Carried unanimously. RESOLUTIONS COMMENDING TOWN EMPLOYEES Mr. Carlson moved for the adoption of the following resolutions commending Town employees for years of service: Resolution No. 1987-168 entitled, A RESOLUTION COMMENDING ROSE E. ALDAG FOR 30 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-169 entitled, A RESOLUTION COMMENDING ROGER L. MCLEAN FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-170 entitled, A RESOLUTION COMMENDING MARTIN OATES FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-171 entitled, A RESOLUTION COMMENDING ARTHUR V. ROY FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-172 entitled, A RESOLUTION COMMENDING ROBERT J. BRYANT FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-173 entitled, A RESOLUTION COMMENDING MARILYN L. DILLES FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-174 entitled, A RESOLUTION COMMENDING BARBARA A. KARLAN FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-175 entitled, A RESOLUTION COMMENDING ALDO A. GIORDANO FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-176 entitled, A RESOLUTION COMMENDING JOHN M. JENNINGS FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-177 entitled, A RESOLUTION COMMENDING JEAN R. KRCIK FOR 15 YEARS SERVICE TO THE TOWN OF LOS GATOS; Resolution No. 1987-178 entitled, A RESOLUTION COMMENDING DAVID A. SASO FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT TOWN & TOWN MANAGER Mr. Carlson moved for the adoption of Resolution No. 1987-179 entitled, RESOLUTION APPROVING AMENDMENT TO THE LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND DEBORAH SWARTFAGER. Mrs. Benjamin seconded. Carried unanimously. PURCHASE OF COPIER MACHINE Mr. Carlson moved to advertise for bids to replace the Xerox 8200 copier. Mrs. Benjamin seconded. Carried unanimously. ABAG PLAN CORP. CLAIMS SETTLEMENT Mr. Carlson moved for the adoption of Resolution No. 1987-180 entitled, RESOLUTION AUTHORIZING BLACK & BLAND AND THE ABAG PLAN TO SETTLE TORT CLAIMS NOT EXCEEDING THE SUM OF $1,500.00. Mrs. Benjamin seconded. Carried unanimously. JOINT POWERS AGREEMENT S.C. CO. GRANTING TOWN AUTHORITY TO ENFORCE PROVISIONS OF COUNTY ZONING ORDINANCE Continued to the October 26, 1987 Council meeting. SCHEDULES OF AUTHORIZED POSITIONS & SALARIES FOR 1987/88 Mr. Carlson moved for the adoption of Resolution No. 1987-181 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING CERTAIN PRIOR RESOLUTIONS AND SALARY SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1987-88. Mrs. Benjamin seconded. Carried unanimously. DENYING APPEAL 14901 NATIONAL AVENUE - WEST VALLEY ASSOC. Continued to the October 26, 1987 Council meeting. AMENDING ZONE ORDINANCE REQUIRING ARCH & SITE APPROVAL SINGLE OR 2 FAMILY DWELLINGS Mr. Carlson moved for the adoption of Ordinance No. 1736 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS CONSIDERING AMENDMENTS TO THE ZONING ORDINANCE TO REQUIRE ARCHITECTURE AND SITE APPROVAL FOR THE CONSTRUCTION OF ANY SINGLE FAMILY OR TWO- FAMILY DWELLINGS IN THE R-1, R-D, R-M AND R-1D ZONES. Mrs. Benjamin seconded. Carried unanimously. APPEAL - 219 MASSOL AVENUE Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's approval of plans to remodel and construct a second story to an existing single family residence in the R-1D-LHP Zone (S-87-23). Property located at 219 Massol Avenue. Owner, Jack and Janet Cook. Appellant, J. McManis. Both the owner and appellant of this project requested the public hearing be continued. Mrs. Benjamin moved to continue the public hearing to November 16, 1987. Mr. Ferrito seconded. Carried unanimously. APPEAL - 66 E. MAIN ST. Mayor Ventura stated this was the time and place duly noted to consider an appeal of Planning Commission's approval, with conditions, on the Conditional Use Permit, application U-86-24, requesting permission to operate an automobile dealership in the C-2 Zone. Property located at 66 E. Main Street. Business owner, Ferrari of Los Gatos. Property owner, Marilyn Freisen. A request was received to continue this public hearing to November 2, 1987. Mr. Carlson moved to continue the public hearing to December 7, 1987. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. APPEAL - BUILDING CODE 160 HAPPY ACRES Mayor Ventura stated this was the time and place duly noted to consider the appeal confirming the decision of the Building Official to deny occupancy approval for residence located at 160 Happy Acres Road. Lee Bowman, Planning Director, and Archie Watson, Building Offical, spoke on this issue and answered Council's questions. John Elliott, property owner, asked for temporary occupancy. No one else from the audience wished to speak on this issue. Mrs. Benjamin moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to grant a temporary occupancy permit stipulating there would be a bond in the amount sufficient to cover the cost of construction of all the uncompleted improvements and staff conditions. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito requested a written report on some of the item in the letter written by Mr. Elliott dated September 1, 1987. AMENDMENTS TO GENERAL PLAN GP-87-8; DOWNTOWN SPECIFIC PLAN GP-87-9; & ZONE ORDINANCE Mayor Ventura stated this was the time and place duly noted for public hearing to consider amendments to the Town Policies and Regulations regarding traffic impacts as recommended by the Planning Commission for General Plan amendment GP-87-8, Downtown Specific Plan GP-87-9; and Zoning Ordinance A-87-11. Lee Bowman answered questions of Council. Sean Sullivan, 50 University; Eric Rasmussen, Los Gatos-Saratoga Board of Realtors; Nick Voyvodich, 19353 Melinad Dr., Saratoga; George Tobin, property owner N. Santa Cruz Avenue; Stephen Rice, 3225 Tenley Dr., San Jose; and Gary Zucconi, property owner N. Santa Cruz Avenue all spoke on this issue. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Hamilton seconded. Carried unanimously. Mr. Carlson moved, by consensus, to affirm the wording that is in Exhibit 10, page 2, Sec. 2a(2). Mayor Ventura seconded. Carried unanimously. Mr. Carlson moved to change the date in Exhibit 10, page 2, Sec. 2b(1), from May 18, 1982 to the date of adoption of the resolution. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura voted no. Mayor Ventura stated the generation of one critical trip from one new residential lot may be grounds for denial. This is not an absolute grounds for denial like the current policy is but, is a factor to be considered along with other factors (harmony with the new lot and existing neighborhood, in size and bulk; alterations to existing structure and footprint of any structure on the existing lot; whether the lot is a flag lot; size of new lot; size of new lot being created in comparison with existing lots in surrounding neighborhood; impact on landscaping and grading; and alteration or moving of a house). Mr.Carlson moved to add to Exhibit 10, page 2, exception 2b(2), the wording by Mayor Ventura as stated above. Mayor Ventura seconded. Motion failed by a vote three noes. Mr. Carlson and Mayor Ventura voted aye. Mrs. Benjamin moved to allow a simple lot split providing, and the traffic does not deny it, that it fits all other Zoning and Planning Ordinances including all the above items stated by Mayor Ventura. Mr. Hamilton seconded. Motion failed by a vote of three noes. Mr. Carlson and Mayor Ventura voted aye. Mr. Hamilton moved that the traffic generated by a simple lot split will not be reason for denial and all other Zoning and Planning Ordinances will apply to the lot split. Mrs. Benjamin seconded. Motion failed by a vote of three noes. Mrs. Benjamin and Mr. Hamilton voted aye. Mr. Carlson moved to allow residential lot splits which create no more than one new lot and for which all the ordinances and policies have been met. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura vote no. Mr. Carlson moved that all policies itemized be made formal Council policies and all lot split applications be required to e reviewed and be found consistent with those policies. All policies be put in the form of a resolution for adoption at the next Council meeting. Mrs. Benjamin seconded. Carried unanimously. Mayor Ventura stated, "you are affirming what it says in the existing plan in respect to nonresidential, which is one critical trip. Now we are focusing on residential and you're suggesting that it should not be binding if overriding considerations can be made." Mr. Carlson moved that residential developments, on vacant property where there was a traffic impact, allow the Planning Commission to approve if the following were true: 1) the total density was less than half allowed by the zoning density and/or bonuses that has been approved as a policy by the Council in the General Plan; 2) contribute to any capital improvement projects for intersections or other surrounding traffic situations that they impact. This could be street widenings or other kinds of capital improvement projects; 3) the Planning Commission make the finding that these development contributed significantly to one of the policies of the Housing Element of the General Plan. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito and Mayor Ventura voted no. Mr. Ferrito moved to direct staff to consider increasing the minimum percentage of contribution for capital improvements in line with the size of the project. Mrs. Benjamin seconded. Carried unanimously. Mr. Hamilton moved to reopen the public hearing and continued to November 2, 1987. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson voted no and Mr. Ferrito was absent. RECESS Mayor Ventura declared a ten minute recess. The meeting reconvened at 10:25 p.m. APPEAL - 235 SARATOGA AVE. Mayor Ventura stated this was the time and place duly noted to consider the appeal of the finding of the Planning Commission that a nonconforming restaurant use has been intensified by increasing the number of hours of operation, U-87-11; and appeal of Architecture and Site Application S-72-65A to make exterior modifications. Property located at 235 Saratoga Avenue. Property owner, Linda Ball. Business owner, Anton Julius. Duane J. Perry, Attorney for the business owner, spoke in support of increased hours. Madame Claire Yvette, 334 Tait Avenue, submitted photographs and spoke in opposition of the increased hours. She is in support of landscaping two parking spaces in front of her house and around the trash enclosure. Anton Julius, business owner, spoke in support of increased hours and answered questions of Council. No one else from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to return to the Planning Commission for a Conditional Use Permit to operate from 7:00 a.m. to 11:00 p.m. seven days a week with the condition that the seats be kept at 80 and the Planning Commission erred in the traffic and the burden to the neighborhood. Mr. Hamilton seconded. Mrs. Benjamin withdrew her motion. Mr. Ferrito moved to affirm the Planning Commission's decision and deny the appeal without prejudice to the party to file for the necessary permits with the Planning Commission. Mayor Ventura seconded. Carried unanimously. The Attorney to prepare a resolution for Council consideration at the next regular meeting. Planning Commission to look into ways fixing the garbage bins so they won't make so much noise when moved. The denial of the appeal required the business owner to complete the landscaping and all other requirements in the Architecture and Site Application. APPEAL - 234 LOS GATOS BLVD. Mayor Ventura stated this was the time and place duly published to consider an appeal of Planning Commission approval, with conditions, for exterior modification n of an existing office building and abandonment of excess right-of- way across the frontage of the property in the "O" Zone, S-80-105C. Property located at 234 Los Gatos Boulevard. Property owner John L. Scott. Steve Baird, Attorney for property owner, spoke in support of the appeal and answered questions of Council. No one else from the audience wished to speak on this issue. Mr. Ferrito does not find where the Planning Commission erred because one Planning Commission decision is not bound by the decision of a previous Commission to grant a permit; no settlement agreement was signed; and there continues to be neighborhood opposition to the awning. Mr. Ferrito moved to deny the appeal. Mr. Carlson seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Hamilton voted no. The Attorney to prepare a resolution for Council consideration at the next regular meeting. ZONING ORDINANCE NONCONFORMING SECTION AS TO PARKING IN THE C-2 ZONE The Town Attorney stated that due to a conflict of interest on the nonconforming uses as to parking in the C-2 Zone Mr. Ferrito and Mr. Hamilton were asked to step down from the podium by the advise of the Fair Political Practice Commission. There are Urgency Ordinances involved which require four votes. The Attorney direct the Deputy Clerk to toss a coin to select, at random one of the Council member to vote. Mr. Ferrito chose tails. The Deputy Clerk tossed the coin and Mr. Ferrito took his place at the podium. Mrs. Benjamin moved for the adoption of an Urgency Ordinance that would place a temporary prohibition on new development or the expansion or intensification of existing development in the C-2 zone while allowing the continuation of day-to-day activities that includes Certificates of Use and Occupancy, Sign Permit and minor remodeling. Mrs. Benjamin withdrew her motion. Mayor Ventura moved this be brought back with an ordinance that would exclude building permits and itemize that are at issue. Motion died for lack of second. No further action taken on this issue. CONTINUE MEETING PAST MIDNIGHT Mr. Ferrito moved to continue the meeting past midnight. Mayor Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson voted no. ZONING ORD. A-87-13 DEFINING & REGULATING RECYCLING Mayor Ventura stated this was the time and place duly noted for Council consideration of Zoning Ordinance Amendment A-87-13 defining and regulating recycling collection facilities and vending machines. No one from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to make the Negative Declaration. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito made the finding that the Zoning Ordinance Amendment A-87-13 is consistent with the General Plan because this encourages recycling reusable man made materials in accordance with Section 8.4(7) of the Conservation Element of the General Plan. Mr. Hamilton seconded. Carried unanimously. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE WITH REGARD TO RECYCLING COLLECTION FACILITIES AND REVERSE VENDING MACHINES. Mrs. Benjamin seconded. Carried unanimously. Senior Deputy Clerk read title of the Ordinance. Mr. Ferrito moved to introduce the Ordinance. Mrs. Benjamin seconded. Carried unanimously. APPEAL - 58 ALPINE AVE. (LINCOLN) Mrs. Benjamin moved to reconsider the matter and request the Clerk to readvertise for a public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson abstained. Mrs. Benjamin moved to set the public hearing for December 7, 1987. Mayor Ventura seconded. Carried by a vote of four ayes. Mr. Carlson voted no. FORRESTER ROAD TRAILS Report regarding the meeting with Forrester Road residents concerning the trails. Mrs. Benjamin left the meeting at 12:20 a.m. Mike Valley, 201 Forrester Road, Mr. Sparks, 227 Forrester Road, submitted pictures; Susan Flach, 102 Leotar Court; Jerry Zavalney, 213 Forrester, Submitted pictures; Terry Sullivan, 209 Forrester road, and Bill Hirschman, 225 Forrester Road all spoke in favor of moving the trail to the street. No action was taken by Council therefore the original motion to have the original trail restored remains. CONTINUED ITEMS Item 43, 44, 48 - 55 will be continued to October 26, 1987 meeting. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 1:00 a.m., Tuesday, October 20, 1987 to a continued adjourned regular meeting on Monday, October 26, 1987. A Closed session to be held at 7:00 p.m., and the meeting to begin at 7:30 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk