Item 26a Staff Report Adoption of an Urgency Ordinance and Introduction of an Ordinance Amending Section 35.060.010 of the Town Code to Clarify the Clean-up Responsibility of all Persons and Entities Involved with the Unauthorized Discharge of HazardousCOUNCIL AGENDA
DATE: 9/16/91
ITEM NO.p"
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 16, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: KATHERINE ANDERTON, TOWN ATTORNEY
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF AN ORDINANCE
AMENDING SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE CLEAN-
UP RESPONSIBILITY OF ALL PERSONS AND ENTITIES INVOLVED WITH THE
UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS
RECOMMENDATION:
1. Waive the reading of the attached urgency ordinance. (Unanimous vote required.)
2. Clerk to read title.
3. Move to adopt the ordinance. (Four votes are necessary.)
4. Waive the reading of the attached ordinance. (Unanimous vote required.)
5. Clerk to read title.
6. Move to introduce the ordinance.
DISCUSSION:
This ordinance is presented both as an urgency ordinance to take effect immediately and as a
standard ordinance. Although susceptible to this interpretation in its current form, this amendment to the
Town's hazardous materials ordinance will make explicit the responsibility of all owners, occupiers, and
dischargers for clean-up of unauthorized discharges of hazardous materials, even if the conduct giving rise
to liability took place in the past. This allocation of responsibility for currently existing contamination is
consistent with California and Federal statutory and case law.
FISCAL IMPACT: No fiscal impact.
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
KA:yf9 9/16/91 4:55 pm
DISK003\A:\HAZMAT.TCR File #
Attachments: Urgency Ordinance and Non -Urgency Ordinance
Reviewed by:
Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
a'b g
ORDINANCE
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE
CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES
INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS
MATERIALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. Immediate identification of the sources, causes and the parties responsible
for environmental contamination and early establishment of their joint and several liability
for cleanup and remediation is necessary for expedient abatement; and
2. The continued presence of hazardous materials creates a threat of further soil
contamination and of further contamination of the ground water; and
3. The soil and groundwater contamination and the threat of its' spread may
constitute a public nuisance and may endanger the public health and safety; and
4. Experience and preliminary research indicates that early identification of
activities of prior owners and operators which may have caused or contributed to
contamination, their participation in investigation, and their liability for cleanup costs is
necessary to expedite abatement; and
5. Hazardous materials have been identified on certain real property within the
Town of Los Gatos, remediation of which requires the immediate effectiveness of this
ordinance.
SECTION II
Section 35.060.010 is hereby amended to read as follows:
Section 35.060.010 - Cleanup responsibilities.
No unauthorizeddischarge of hazardous. material shall occur at or froman
existing chased or abandoned storage facility: Any person, firm or corporation whose past
or present handling, .:treatzh ent,storage+ng,. transportation,..manageme.nt or
disposal of any: the hazardous material at any existing, closed, or abandoned storage facility
is Causing :or_ contributing to a condition which presents a public nuisance, .spe.dfically
including any endangerment to public.health, welfare or the environment shall institute and
complete all actions necessary to fully and permanently abate such public nuisaice and to
remedy all present and ft reseeable adverse the effects arising: out of any unauthorized
discharge, whether sudden or gradual. Enforcing Officer shall undertake actions to remedy
..............................................
the effects of such public nuisance: or unauthorized discharge itself, only if it determines that
it is reasonably necessary under the circumstances for the Enforcing Officer to do so. The
responsible party shall be liable to reimburse Enforcing Officer for all costs incurred by
..................................................
Enforcing Officer in remedying the effects of such public:': nuisance di unauthorized
discharge, including enforcement'costs, and the costs of fighting fires to the extent allowed
by law. This responsibility is not conditioned upon evidence of willfulness or negligence of
................
the responsible party in causing or allowing such public
nuisance or unauthorized discharge. Any responsible party who undertakes action to
remedy the effects of public nuisance or unauthorized discharge(s) shall not be barred by
this chapter from seeking to recover appropriate costs and expenditures from other
responsible parties except as provided by section 35.060.015.
SECTION III
This ordinance takes effect immediately and shall be published once in the Los
Gatos Weekly, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
2
The foregoing ordinance was passed and adopted at a regular meeting Los Gatos
Town Council on the
day of , 1991 and adopted by the following vote as
an urgency ordinance of the Town of Los Gatos.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A1'1 EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
ORDINANCE
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE
CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES
INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS
MATERIALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. Immediate identification of the sources, causes and the parties responsible
for environmental contamination and early establishment of their joint and several liability
for cleanup and remediation is necessary for expedient abatement; and
2. The continued presence of hazardous materials creates a threat of further soil
contamination and of further contamination of the ground water; and
3. The soil and groundwater contamination and the threat of its' spread may
constitute a public nuisance and may endanger the public health and safety; and
4. Experience and preliminary research indicates that early identification of
activities of prior owners and operators which may have caused or contributed to
contamination, their participation in investigation, and their liability for cleanup costs is
necessary to expedite abatement; and
5. Hazardous materials have been identified on certain real property within the
Town of Los Gatos, remediation of which requires the immediate effectiveness of this
ordinance.
SECTION II
Section 35.060.010 is hereby amended to read as follows:
Section 35.060.010 - Cleanup responsibilities.
No unauthorized discharge of hazardous material shall occur at or from an
existing closed or abandoned storage facility. Any person, firm or corporation whose past
or present handling, treatment, storage, transportation, management or disposal of any
hazardous material at any existing, closed, or abandoned storage facility is causing or
contributing to a condition which presents a public nuisance, specifically including any
endangerment to public health, welfare or the environment, shall institute and complete all
actions necessary to fully and permanently abate such public nuisance and to remedy all
present and foreseeable adverse effects arising out of any unauthorized discharge, whether
sudden or gradual. Enforcing Officer shall undertake actions to remedy the effects of such
public nuisance or unauthorized discharge itself, only if it determines that it is reasonably
necessary under the circumstances for the Enforcing Officer to do so. The responsible party
shall be liable to reimburse Enforcing Officer for all costs incurred by Enforcing Officer in
remedying the effects of such public nuisance or unauthorized discharge, including
enforcement costs, and the costs of fighting fires to the extent allowed by law. This
responsibility is not conditioned upon evidence of willfulness or negligence of the
responsible party in causing or allowing such public nuisance or unauthorized discharge.
Any responsible party who undertakes action to remedy the effects of public nuisance or
unauthorized discharge(s) shall not be barred by this chapter from seeking to recover
appropriate costs and expenditures from other responsible parties except as provided by
section 35.060.015.
SECTION III
This ordinance takes effect immediately and shall be published once in the Los
Gatos Weekly, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
2
The foregoing ordinance was passed and adopted at a regular meeting Los Gatos
, 1991 and adopted by the following vote as
Town Council on the day of
an urgency ordinance of the Town of Los Gatos.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A'1"1'EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE
CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES
INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS
MATERIALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Section 35.060.010 is hereby amended to read as follows:
Section 35.060.010 - Cleanup responsibilities.
No unauthorized discharge of hazardous material shall occur at or from an
existing closed or abandoned storage facility. Any person, firm or corporation whose past
or present handling, treatment, storage, transportation, management or disposal of any
hazardous material at any existing, closed, or abandoned storage facility is causing or
contributing to a condition which presents a public nuisance, specifically including any
endangerment to public health, welfare or the environment, shall institute and complete all
actions necessary to fully and permanently abate such public nuisance and to remedy all
present and foreseeable adverse effects arising out of any unauthorized discharge, whether
sudden or gradual. Enforcing Officer shall undertake actions to remedy the effects of such
public nuisance or unauthorized discharge itself, only if it determines that it is reasonably
necessary under the circumstances for the Enforcing Officer to do so. The responsible party
shall be liable to reimburse Enforcing Officer for all costs incurred by Enforcing Officer in
remedying the effects of such public nuisance or unauthorized discharge, including
enforcement costs, and the costs of fighting fires to the extent allowed by law. This
responsibility is not conditioned upon evidence of willfulness or negligence of the
responsible party in causing or allowing such public nuisance or unauthorized discharge.
Any responsible party who undertakes action to remedy the effects of public nuisance or
unauthorized discharge(s) shall not be barred by this chapter from seeking to recover
appropriate costs and expenditures from other responsible parties except as provided by
section 35.060.015.
SECTION II
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1991 and adopted by the following vote as
an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on , 1991.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A 1' PEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
ORDINANCE 1868
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE
CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES
INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS
MATERIALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. Immediate identification of the sources, causes and the parties responsible
for environmental contamination and early establishment of their joint and several liability
for cleanup and remediation is necessary for expedient abatement; and
2. The continued presence of hazardous materials creates a threat of further soil
contamination and of further contamination of the ground water; and
3. The soil and groundwater contamination and the threat of its' spread may
constitute a public nuisance and may endanger the public health and safety; and
4. Experience and preliminary research indicates that early identification of
activities of prior owners and operators which may have caused or contributed to
contamination, their participation in investigation, and their liability for cleanup costs is
necessary to expedite abatement; and
5. Hazardous materials have been identified on certain real property within the
Town of Los Gatos, remediation of which requires the immediate effectiveness of this
ordinance.
SECTION II
Section 35.060.010 is hereby amended to read as follows:
Section 35.060.010 - Cleanup responsibilities.
No unauthorized discharge of hazardous material shall occur at or from an
existing closed or abandoned storage facility. Any person, firm or corporation whose past
or present handling, treatment, storage, transportation, management or disposal of any
hazardous material at any existing, closed, or abandoned storage facility is causing or
contributing to a condition which presents a public nuisance, specifically including any
endangerment to public health, welfare or the environment, shall institute and complete all
actions necessary to fully and permanently abate such public nuisance and to remedy all
present and foreseeable adverse effects arising out of any unauthorized discharge, whether
sudden or gradual. Enforcing Officer shall undertake actions to remedy the effects of such
public nuisance or unauthorized discharge itself, only if it determines that it is reasonably
necessary under the circumstances for the Enforcing Officer to do so. The responsible party
shall be liable to reimburse Enforcing Officer for all costs incurred by Enforcing Officer in
remedying the effects of such public nuisance or unauthorized discharge, including
enforcement costs, and the costs of fighting fires to the extent allowed by law. This
responsibility is not conditioned upon evidence of willfulness or negligence of the
responsible party in causing or allowing such public nuisance or unauthorized discharge.
Any responsible party who undertakes action to remedy the effects of public nuisance or
unauthorized discharge(s) shall not be barred by this chapter from seeking to recover
appropriate costs and expenditures from other responsible parties except as provided by
section 35.060.015.
SECTION III
This ordinance takes effect immediately and shall be published once in the Los
Gatos Weekly, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
2
The foregoing ordinance was passed and adopted at a regular meeting Los Gatos
Town Council on the 16th day of September, 1991 and adopted by the following vote as
an urgency ordinance of the Town of Los Gatos.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /s/ Brent N. Ventura
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
1
September 16, 1991
Los Gatos, California
HIGHWAY 17/SOUNDWALL/FARLEY/LARK
Informational item on the status of the Highway 17 Farley to Lark soundwall aesthetics was
received and filed.
Mayor Ventura requested staff to send staff report to attendees of study session of last week and
to draft a letter to CalTrans regarding the trees involved in the soundwall construction with the
mayor's signature and send a thank you note to state representatives for their support and
request of them further assistance in obtaining confirmation of agreement with CalTrans.
SHORT RD 16015/M-89-14/SUBDIVISION
Motion by Consensus, that Council continue this item to the meeting of October 7, 1991 in order
to allow the staff to notify all interested parties.Carried by a vote of 4 ayes. Mr. Carlson absent.
T2010/ENVIRONMENTAL IMPACT REPORT that Council request staff to send letter
Motion by Mrs. Benjamin, seconded by Mr. Attaway,
to the Transportation Agency supporting the Draft Environmental Impact Report including the
following two items: 1. Confirm and support and thank the committee for deleting the
additional lanes on Highway 17 from Highway 9 to Lark Ave. (the original proposal was to add
two to four new lanes in that stretch); 2. Support concept of long range mass transit extension
of Vasona Corridor into Santa Cruz County (long range proposal rather than immediate
widening of Hwy 17). Carried by a vote of 4 ayes. Mr. Carlson absent
CLAIM REJECTION/THOMPSON
Mr. Thompson submitted a diagramed explanation of his sewer problem and spoke of the history
of the present deteriorated situation.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council confirm the rejection of the
claim of M. Earl Thompson. Mrs. Benjamin questioned the staff, and asked if they wished to
change their recommended action. Thestaff
espo Carlson theyn did not wish to change their
4ayes.
recommendation. Carried by a vote of
HAZARDOUS MATERIALS/CLEAN-UP RESPONSIBILITY/URGENCY ORDINANCE 1868
Kate Anderton, Town Attorney, stated for the record a correction to the Addendum of the
Agenda for Item 26.a., to read that the proposed Ordinance is amending Section 35.060.010 of
the Town Code.
Motion by Mrs. Benjamin, seconded by Mr. Attaway,
that Council waive the reading of the
proposed Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read
the Title of the proposed Ordinance.
Motion by Mrs. Benjamin, seconded by MUthat
OFCouncil
THEintroduce
TOWN OF LOS GATOS
rgency
Ordinance 1868 entitled, URGENCY RDINANCE
AMENDING SECTION 35.060.010 OF THE TOWN ENTITIES INVOLVED WITH TO CLARIFY THE E
RESPONSIBILITY OF ALL PERSONS
THE
UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS, Carried by a vote of 4 ayes.
Mr. Carlson absent.
6
TC:D2:MM091691
v �
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California
County of Santa Clara
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled
matter. I am the principal clerk of the
printer of the: Los Gatos Weekly -Times
50 University Ave, Suite 12, Los Gatos
CA, P.O. Box 339, Los Gatos CA 95031, a
newspaper of general circulation,
printed every Wednesday in the City of
San Jose California, County of Santa
Clara, and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of the
county of Santa Clara, State of California,
Case number 83631 dated May 27, 1952
that the notice of which the annexed is a
printed copy (set in type not smaller
than non-parell), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
all in the year of 19 (71
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Date at Los Gatos, California, this
, 19 0 /
Cam`
Filing Stamp
PROOF OF PUBLICAT ON
ORDINANCE 1868
URGENCY ORDINANCE OF THE
TOWN OF LOS GATOS AMEND-
ING
SECTION 35.060.010 OF THE
TOWN CODETO CLARIFYTHE
CLEANUP RESPONSIBILITY OF
ALL PERSONS AND ENTfTIES
INVOLVED WITH THE UNAU-
THORIZED DISCHARGE 0F HAZ-
ARDOUS -
MATERIALS
THE TOWN COUNCILOFTHE
TOWN OF LOS GATOS DOES
HEREBY ORDAIN:
SEC110N I
An urgent need for this ordi-
nance exists in order to preserve
the public health and safety in
that:
1. Immediate identification of
the sources, causes and the
parties responsible for environ-
mental contamination and early
establishment of their joint and
several liability for cleanup and
remediation is necessary for
expedient abatement; and
2. The continued presence of
hazardous materials creates a
threat of further soil contami-
nation and of further contami-
nation of the ground water, and
3. The soil and groundwater
contamination and the threat of
its' spread may constitute a pub-
lic nuisance and may endanger
the public health and safety;
and
4. Experience and preliminary
research indicates that early
identification of activities of prior
owners and operators which
may have caused orcontribut-
ed to contamination, their par-
ticipation in investigation, and
their liability for deanuprnas is
necessary to expedite abate-
ment; and
5. Hazardous materials have
been identified on certain real
property within the Town of Los
Gatos, remediation of which
requires the immediate effec-
tiveness of this ordinance.
SWOON II
Section 35.060.010 is hereby
amended to read as follows:
Section 35.060,010- Cleanuo
responsibilities,
No unauthorized discharge of
hazardous material shall occur
at or from an existing closed or
abandoned storage facility. Any
person, firm or corporation
whose past or present handling,
treatment, storage, transporta-
tion, management or disposal
of any hazardous material at
any existing, closed, or aban-
doned storage facility is causing
or contributing to a condition
which presents a public nui-
sance, specifically including any
endangerment to public health,
welfare or the environment,
shall institute and complete all
actions necessary to fully and
permanently abate such public
nuisance and to remedy all pre-
sent and foreseeable adverse
effects arising out of any unau-
thorized discharge, whether
sudden or gradual. Enforcing
Officer shall undertake actions
to remedy the effects of such
public nuisance or unauthorized
discharge itself, only if it deter-
mines that it is reasonably nec-
essary under the circumstances
for the Enforcing Officer to do so.
The responsible party shall be
liable to reimburse Enforcing
Officer for all costs incurred by
Enforcing Officer in remedying
the effects of such public nui-
sance or unauthorized dis-
charge, including enforcement
costs, and the costs of fighting
fires to the extent allowed by
law. This responsibility is not
conditioned upon evidence of
willfulness or negligence of the
responsible party in causing or
allowing such public nuisance or
unauthorized discharge. Any
responsible party who under-
takes action to remedy the
effects of public nuisance or
unauthorized discharge(s) shall
not be barred by this chapter
from seeking to recover appro-
priate costs and expenditures
from other responsible parties
except as provided by section
35.060.015.
U
SECTION IN
This ordinance takes effect
immediately and shall be pub-
lished once in the Los Gatos
Weekly, a newspaper of gener-
al circulation, published in the
Town of Los Gatos within fifteen
(15) days.
The foregoing ordinance was
passed and adopted at a regu-
lar meeting Los Gatos Town
Council on the 16th day of
September, 1991 and adopted
by the following vote as an
urgency ordinance of the Town
of Los Gatos.
AYES: Randy Attaway, Joanne
Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: Nona
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /s/ Brent N. Ventura
MAYOR OF THE TOWN OF LOS
GATOS
ATTEST: /s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS
GATOS
PUB:9/25/91