Item 24 Staff Report Consider Introducing Ordinance Establishing Requirements for Storm Water Pollution Control31
COUNCIL AGENDA
DATE: 4/19/93
ITEM NO. a
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: April 12, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER INTRODUCING ORDINANCE ESTABLISHING REQUIREMENTS FOR STORM
WATER POLLUTION CONTROL
RECOMMENDATION:
1. Direct the Clerk to read the title;
2. Waive the reading (requires unanimous vote);
3. Introduce the ordinance; and
4. Instruct the Clerk to publish a summary at least five (5) days prior to adoption.
BACKGROUND:
The United States Environmental Protection Agency has identified urban storm water runoff as the leading
cause of water pollution in the United States. Staff recommends the addition of a new Town Code Section,
to specifically address issues related to the protection of storm waters.
DISCUSSION:
The Non -Point Source (NPS) Pollution Elimination Program requires that the Town develop laws sufficient
to protect its storm drain systems from various prohibited discharges:
• heavy metals, fats, oils, automotive fluids, sewage, garbage, biological materials, carrion, radioactive
materials, chemical waste, industrial waste, agricultural waste, and others.
The proposed ordinance establishes requirements for: reporting and recording accidental discharge of
prohibited materials, identifies Acts which require a permit(s), sets standards for grease disposal and control
and provides for enforcement of these provisions. Staff has made several contacts and followed up on a
number of complaints (Attachment 1) related to prohibited discharges. Thus far, staff has had to rely on
voluntary cooperation to gain compliance.
(Continued on page 2)
PREPARED BY: SCOTT R. BAKER
Director of Building and Engineering Services
SRB:lkj 4/12/93 12:56 pm
L35\cnclrpts\strmwatr File #
ATTACHMENTS: (See Page 2 for list of Attachments)
DISTRIBUTION: (See Page 2 for Distribution List)
Reviewed by:
Attorney
Clerk
COUNCIL AC ON ACTION DIRECTED TO:
Finance Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE ESTABLISHING REQUIREMENTS FOR STORM WATER
POLLUTION CONTROL
April 6, 1993
CONCLUSION:
Staff recommends approval of the proposed ordinance to protect the health, safety, and welfare of its
residents.
FISCAL IMPACT: None
ENVIRONMENTAL ASSESSMENT:
As a project as defined under CEQA, but is statutorily exempt under Section 15301. A Notice of Exemption
will be filed.
ATTACHMENTS:
1. Action Log (NPS)
2. Draft Ordinance
DISTRIBUTION:
Wes Peyton, Los Gatos -Weekly Times, 245 Almendra Avenue, Los Gatos, CA 95030
Connie Skipitares, San Jose Mercury News, 750 Ridder Park Drive, San Jose, CA 95131
Bill Gissler, Manager/Engineer, West Valley Sanitation District, 100 East Sunnyoaks Avenue, Campbell, CA
95008
Johnevan M. Shay, Santa Clara Valley Nonpoint Source Program, 5750 Almaden Expressway, San Jose, CA
95118
Bill Helms, Deputy Public Works Director, City of Campbell, 70 North First Street, Campbell, CA 95008
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700 Blossom Hill Rd.
EXXON Gas Station
(Commercial)
532 N. Santa Cruz Ave.
(Commercial)
Construction
131 Albright (Commerical)
LAGO Systems
Parking Lot at Oak
Meadow Park
657 University Ave.
Mary's Auto Detail
(Commercial)
340 N. Santa Cruz Ave.
(Commerical) restaurant
Los Gatos Cafe
354-4647
N Santa Cruz Ave.
Storm drain in front of
Pedro's Restaurant
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Rain runoff from dirt piled up from
tank being replaced. Not enough
plastic to cover piles
Concrete waste from construction
work on sidewalk, washed off tools
and possibly washout from truck
West Valley Sanitation informed me
that there had been possible illegal
dumping of painting materials into
Storm Drain
Juveniles had spilled a 5-gal.
container of hydraulic fluid off of
back hoe trailer over the weekend
There was a foaming problem
across the street in storm drain
possibly from soap being used
Employees stated that there had
been an accidental spill of grease
in back of restaurant
West Valley Sanitation informed me
of grease build-up in the storm drain
in front of Pedro's Restaurant
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Advised contractor to purchase
additional plastic and to cover piles
to prevent runoff into storm drain
Called Coast Concrete and advised
them to clean curb and gutter from
their construction work.
Met with management from LAGO
Systems and informed them of
situation. Probably dumped by
contractor
Contacted owner of back hoe. Met
him at site of spill. He used a dry
sweep material and cleaned up spill
Met with Ray White, Manager. He
explained and verified that all cleaners
and soap being used are
biodegradable and safe for the
environment
Employees state that they had washed
the grease into storm drain with hot
hose. We will be monitoring them.
Photos were taken. It is unknown
where grease came from. Investigated
inside Pedro's. They have their
grease hauled off in 55-gal. drums.
Management was informed.
FOLLOW-UP ACTION
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335 N. Santa Cruz
Office Bldg. parking lot
ground rupturing
104 Oak Hill (Residential)
700 Blossom Hill Rd.
EXXON Station
(Commercial)
Wedgewood and
Wimbledon Waste
located on public
streets
Jack -in -the -Box
Los Gatos Blvd.
356-1049
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Center of parking lot up lifting
had plumber dig up. Exposed
piping from former gas station tanks.
Possible leakage.
Concrete pumper washing out on
street. Off -site. GAFFNEY
Pumping, Inc.
Large amount of runoff from dirt
piles over curb and into storm drain
Received call from Bill York
203 Palmer Dr. - 866-2450
Advised us of situation
Food grease waste released
into storm drain from parking lot
drain
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PROBLEM
FOUND
Leaking from piping. Called Central
Fire District had hazard crew come out
and investigate. They verified leak.
Temporary containment.
will monitor clean up
Advised operator to find somewhere
else to wash out pumpers waste
Advised contractor to completely
cover all piles and to prevent runoff
from site
Took Photos called Public Works
and had them pick up water heater
car batteries, 5-gal. bucket of waste
oil and 5-gal. buckets of paint
Met with Linda, Corporate Manager
notified her of the problem. She
stated that it was not from
Jack -in -the -Box
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
ESTABLISHING REQUIREMENTS FOR STORM WATER POLLUTION CONTROL
WHEREAS, the U.S. Environmental Protection Agency has identified urban Storm
Water runoff as the leading cause of water pollution in the United States. Furthermore,
both federal and state agencies have identified Storm Water runoff from TOWN OF LOS
GATOS as a major source of pollution adversely impacting the beneficial uses of the South
San Francisco Bay. As a result, the California Regional water Quality Control Board, San
Francisco Bay Region, has issued a National Pollutant Discharge Elimination System
("NPDES") permit requiring TOWN OF LOS GATOS to establish laws sufficient to protect
its Municipal Storm Drain system from certain prohibited Discharges. TOWN OF LOS
GATOS is also required to implement a Storm Water management program to assure that
Storm Water runoff from TOWN OF LOS GATOS does not cause or contribute to a
violation of the water quality standards of South San Francisco Bay.
WHEREAS, the purpose of this Article is therefore to provide minimum
requirements designed to control the Discharge of pollutants into TOWN OF LOS
GATOS's Municipal Storm Drain System and to assure that Discharges from TOWN OF
LOS GATOS's Municipal Storm Drain System comply with applicable provisions of the
federal Clean Water Act and the National Pollutant Discharge Elimination System Permit
No. CA0029718. Enactment of this Article falls within the scope of TOWN OF LOS
GATOS's police power to protect the health, safety, and welfare of its residents. Nothing
C31 \ORDS\STORM 1
ATTACHMENT 2
in this Article is intended to preclude more stringent federal or state regulation of any
activity covered by this Article.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Article III of Chapter 22 is added to the Town Code of the Town of Los Gatos to
read as follows:
ARTICLE III
STORM WATER POLLUTION CONTROL
Sec. 22.30.010. Definitions.
The following words and phrases, when used in this Article, shall be as defined
herein. Words and phrases used in this Article and not otherwise defined shall be as
defined in the regulations promulgated by the U.S. Environmental Protection Agency to
implement the requirements of the federal Clean Water Act, or as defined by the State
Water Resources Control Board to implement the California Water Code.
"Applicable Materials" means all materials used in industrial or commercial
establishments that are stored outdoors, that may be exposed to Storm Water, and that have
the reasonable potential to degrade the quality of runoff from the site. These include, but
are not limited to, all materials containing cadmium, chromium, copper, lead, mercury,
nickel, selenium, silver, and zinc, which are pollutants that have specifically been identified
as known to contribute to impairment of applicable water quality standards.
C31 \ORDS\STORM 2
"Discharge" means the discharge, addition, placement, deposit, release or dumping
of any pollutant or combination of pollutants to surface waters from any point source. This
definition includes, but is not limited to, additions of pollutants into waters from: surface
runoff and discharges through pipes, sewers, channels, or other conveyances owned by a
State, municipality, or other person which do not lead to a treatment works.
"Grease" means, and includes, fats, oils, waxes, or other related constituents. Grease
may be of mineral origin, including kerosenes, lubricating oil, and road oil. Grease may
also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and
oils, fats in meats, cereals, seeds, nuts, and certain fruits. Grease is generally present as,
but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.
"Grease Generating Activity" means any commercial or industrial activity that uses
or produces Grease on an ongoing basis.
"Grease Removal Device" means an interceptor or other mechanical device designed,
constructed, and intended to remove, hold, or otherwise prevent the passage of Grease to
the (sanitary sewer or) Municipal Storm Drain System.
"Interceptor" means a receptacle or trap designed and constructed to intercept,
separate, and prevent the passage of prohibited substances into the (sanitary sewer or)
Municipal Storm Drain System.
"Major Development or Redevelopment Project" means construction activities that
result in the disturbance of five or more acres of total land area.
"Municipal Storm Drain System" means and includes, but shall not be limited to,
those facilities within the municipality by which Storm Water may be conveyed to waters
C31\ORDS\STORM 3
of the United States, including any roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of
a Publicly Owned Treatment Works (POTW).
"NPDES Permit" means a valid National Pollutant Discharge Elimination System
permit issued by the California Regional Water Quality Control Board, San Francisco Bay
Region, in accordance with regulations promulgated by the U.S. Environmental Protection
Agency to implement the requirements of the federal Clean Water Act.
"Pollutants" mean and include all sewage, sewage sludge, garbage, biological
materials, radioactive materials, and chemical, industrial, and agricultural waste Discharged
into water.
"Storm Water" means all rainfall runoff, surface runoff, and drainage.
"Watercourses" mean and include all natural waterways and definite channels and
depressions in the earth that carry water, even though such waterways may only carry water
during rains and storms and may not carry Storm Water at and during all times and
seasons. Watercourses include facilities owned and operated by the Santa Clara Valley
Water District.
Sec. 22.30.015. Requirements.
NON -STORM WATER DISCHARGES
A. Discharge Prohibition. No person shall Discharge or cause to be Discharged
into the Municipal Storm Drain System or Watercourses any materials other
than Storm Water. In addition, no person shall Discharge or cause to be
C31 \ORDS\STORM
4
Discharged into the Municipal Storm Drain System or Watercourses, any
Pollutants or waters containing any Pollutants that cause or threaten to
contribute to a violation of applicable water quality standards. It shall also
be unlawful to Discharge, or cause to be Discharged into any storm drain or
natural outlet or channel, any sewage, industrial waste or other polluted
waters or materials without a valid NPDES permit or written authority from
the U.S. Environmental Protection Agency or its designated enforcement
agent.
B. Exceptions to Discharge Prohibition. The preceding Discharge Prohibition
shall not apply to any Discharge that is specifically authorized by an NPDES
permit to flow to a storm drain or natural outlet or channel. In addition, the
California Regional Water Quality Control Board, San Francisco Bay Region,
has determined that the Discharge Prohibition shall not apply to the following
"permissible" activities: water line flushing, landscape irrigation/lawn watering,
uncontaminated foundation drains, uncontaminated non -industrial roof drains,
irrigation water, uncontaminated groundwater infiltration, residential car
washings, flows from fire fighting, flows from potable water sources, and
dechlorinated swimming pool waters.
C. Protection Against Accidental Discharge. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection
from accidental Discharge of prohibited materials or other wastes into the
Municipal Storm Drain System or Watercourses. Facilities to prevent
C31 \ORDS\STORM 5
accidental Discharge of prohibited materials or other wastes shall be provided
and maintained at the owner or operator's expense.
D. Report of Accidental Discharges. Where an accidental Discharge of
prohibited materials or other wastes has entered the Municipal Storm Drain
System or a Watercourse, such incident shall be reported to West Valley
Sanitation District as soon as possible, but in no event later than 24 hours
after such a Discharge. An accidental discharge of toxics must be reported
immediately to Central Fire District - Phone 911. If the accidental Discharge
of prohibited materials or other wastes emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on -site written record of the Discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least three
years. A notice shall be permanently posted in a conspicuous place on the
premises of each commercial or industrial establishment advising employees
of the department or agency to call in case of such an accidental Discharge.
Sec. 22.30.020. Water Protection.
A. Watercourse Protection Requirements. Every person owning property through
which a Watercourse passes, or such person's lessee, shall keep and maintain
that part of the Watercourse within the property reasonably free of trash,
debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the Watercourse.
In addition, the owner or lessee shall maintain existing privately owned
C31 \ORDS\STORM 6
structures within or adjacent to a Watercourse, so that such structures will not
become a hazard to the use, function, or physical integrity of the Watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that
actually necessary for maintenance, nor remove said vegetation in such a
manner as to increase the vulnerability of the Watercourse to erosion.
B. Acts Requiring Permit. No person shall commit or cause to be committed
any of the following acts unless a written permit has first been obtained from
the Building and Engineering Services Department:
(1) Discharge into or connect any pipe or channel to a Watercourse;
(2) Modify the natural flow of water in a Watercourse;
(3) Carry out development within a setback designed in whole or in part
to protect a Watercourse;
(4) Deposit in, plant in, or remove any material from, a watercourse,
including its banks, except as required for necessary maintenance;
(5) Construct, alter, enlarge, connect to, change, or remove any structure
in a Watercourse; or
(6) Place any loose or unconsolidated material along the side of or within
a Watercourse or so close to a side as to cause a diversion of the flow,
or to cause a probability of such material being carried away by Storm
Water passing through such Watercourse.
Sec. 22.30.025. Outdoor Storage of Materials.
C31\ORBS\STORM 7
A. Proper Outdoor Storage of Materials Required. All Applicable materials
stored outdoors at a commercial or industrial establishment shall be managed
in a manner that minimizes the Discharge of Pollutants to Storm Water and
as is required to meet water quality standards. Establishments covered by the
General NPDES Permit for Storm Water Discharges "Associated With
Industrial Activities" that has been promulgated for Santa Clara County by the
California Regional Water Quality Control Board, San Francisco Bay Region,
shall address this requirement in applicable provisions of their Storm Water
Pollution Prevention Plan.
B. Protection Against Accidental Discharge. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection
from accidental Discharge of Applicable Materials to the Municipal Storm
Drain System or Watercourses. Specifically, secondary containment systems
or equivalent measures approved by Building and Engineering Services
Department shall be provided for all Applicable Materials that are liquids.
All facilities to prevent the accidental Discharge of Applicable Materials to
the Municipal Storm Drain System and Watercourses shall be provided and
maintained at the owner or operator's expense.
C. Report of Accidental Discharge to the Storm Drain. Where Applicable
Materials have entered the Municipal Storm Drain System or a Watercourse
due to an accidental Discharge at a commercial or industrial establishment,
the owner or operator of such establishment shall report such incident to
C31\ORDS\STORM 8
Central Fire Protection District as soon as possible, but in no event later than
24 hours after such a Discharge. The owner or operator of such establishment
shall also retain an on -site written record of all accidental Discharges of
Applicable Materials (whether or not such Discharge actually entered the
Municipal Storm Drain System or a Watercourse) and the actions taken to
prevent their recurrence. Such records shall be retained for at least five years.
A notice shall be permanently posted in a conspicuous place on the premises
of each commercial or industrial establishment advising employees of the
department or agency to call in case of such an accidental Discharge.
Sec. 22.30.030. Grease Disposal and Control.
A. Grease Disposal Prohibited. No person shall dispose of any Grease, or cause
any Grease to be disposed, by Discharge into any drainage piping, (any public
or private sanitary sewer), any part of the Municipal Storm Drain System, or
any land, street, public way, river, stream, or other Watercourse.
B. Grease Removal Device Required. The owner or operator of every newly
constructed, remodeled, or converted commercial or industrial establishment
with one or more Grease Generating Activities shall install or cause to be
installed for each Grease Generating Activity, a Grease Removal Device (of
an approved design) for preventing the passage of Grease to the Municipal
Storm Drain System and Watercourses.
C. Maintenance of Grease Removal Devices Required. The contents of all
Grease Removal Devices shall be removed periodically as necessary to
C31 \ORDS\STORM 9
prevent a violation of this chapter. At a minimum, the contents shall be
removed every 90 days. All Grease Removal Devices shall be kept in good
repair, and shall be maintained in continuous operation at the owner or
operator's expense.
Sec. 22.30.035. New Development/Redevelopment
A. Storm Water Management Required for Major Projects. Every applicant for
a building permit for a Major Development or Redevelopment Project shall
identify the potential for Storm Water to be Discharged from the project site
following completion of construction activity and shall demonstrate that the
plans, drawings, or specifications for such project include the installation of
management techniques, practices, and control measures designed to mitigate
the potential adverse impacts of Storm Water that may be Discharged from
the project site on an ongoing basis.
B. Issuance of Building Permit. The Building and Engineering Services
Department shall not issue a building permit for a Major Development or
Redevelopment Project until it has reviewed the mitigation measures proposed
by the applicant pursuant to the preceding paragraph and determined that
they are sufficient to address the potential adverse impacts of Storm Water
that may be Discharged from the project site on an ongoing basis.
C. Occupancy. The Building and Engineering Services Department shall not
issue a Certificate of Occupancy for a Major Development or Redevelopment
Project until it has determined that the mitigation measures identified in the
C31\ORDS\STORM
10
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building permit issued for such project have been adequately implemented and
that appropriate arrangements have been made to ensure that these
management techniques, practices, and control measures will be maintained
on an ongoing basis.
Sec. 22.30.040. Enforcement.
A. Criminal Penalties. Any person who knowingly violates any provision of this
Article shall be guilty of a misdemeanor and upon conviction thereof shall be
punishable by imprisonment in the county jail for a term not to exceed six
months or by a fine not to exceed $1,000 or by both. Each and every
violation of this Article shall constitute a separate offense. Every day each
such violation continues shall be an additional offense.
B. Civil Penalties. Any person who discharges any applicable materials, grease
or pollutants into a watercourse or the municipal storm drain system in
violations of any provision of this Article shall be civilly liable to the TOWN
OF LOS GATOS in a sum not to exceed $2,000 per day for each day in which
the violation occurs. In determining the amount of such award, the court shall
consider proof of such matters as justice may require. Subsequent or repeated
violation, which are not committed contemporaneously with the initial
violation, shall be treated as separate cause of action and shall be subject to
a separate award of damages.
C. Civil Liability. Any person who violates any provision of this Article shall be
civilly liable to the TOWN OF LOS GATOS for all costs, including attorneys
C31\ORDS\STORM
11
fees, associated with the investigation, elimination and remediation of
environmental conditions caused by the Discharge of Pollutants into the
Municipal Storm Drain System or a watercourse in violation of this Article.
D. Remedies Cumulative. The remedies provided for in this Article are
cumulative and not exclusive and shall be in addition to any and all other
remedies available to the TOWN OF LOS GATOS under State and federal
law.
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on April 5, 1993, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C31 \ORDS\STORM
12
April 19, 1993
Los Gatos, California
SKATEBOARDING CONT.
Speakers in favor:
Steve Warnicke, 171 Terrisita
Andy Shuck, 25 Fiesta Way
Ed Space, 222 Avery Lane
Heidi Neher, 9 Glenridge
Charles Smith, 293 Albert Drive
Barney Baremant, 118 Massol Ave.
Andy Terrace, 1803 Melrose Crt.
Jeff Johnson, 16791 Frank Ave
Kirsten Blake, 347 Massol
Laurie Paulding, 297 Carlton Way
Nick Markam, 222 Avery Lane
Greg Ennis, 16331 Englewood, (33 E. Main, "Capella")
Speaker, no address
Jeramy Chriswald, 223 San Mateo Ave.
Daniel Ani, 200 Town Terrace
Mandy Porteno, 133 Jackson St.
Kris Stevens, 18 Dittos Lane
Rebecca Fernandez, 441 San Benito Ave.
Jason Orr, 1127 Short Road
Justin Lenard, 468 San Benito
Chuck Smith, 293 Albert Drive
Gary Jackson, 16791 Frank Ave.
Chris Branch, 17583 Daves Ave.
Linda Southerite, 27 Terrace Crt.
John Kratz, 405 Clearview Dr.
Manny Turpin, 15025 Down Hill Court
Mark Siegal, 15690 Oak Knoll Drive
David Terrace, 18030 Rose Court, Monte Sereno
Dorothy Lee, 16806 Frank Ave.
Robert Pulley, 16890 Placer Oaks Rd.
Brian Thompson, 15906 Rochin Crt.
B.J. Rocca, 16722 Rose Ave.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item until May 17,
1993, at which time a Committee of interested parties who have met together to discuss this issue
will bring the results back to Council. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
STORM DRAINS/POLLUTION CONTROL/ORDINANCE INTRODUCTION (24.37)
The Town Clerk read the Title of the Draft Ordinance
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Draft
Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
TC: D5: M M041993
7
April 19, 1993
Los Gatos, California
STORM DRAINS CONT.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING REQUIREMENTS
FOR STORM WATER POLLUTION CONTROL, and instruct the Clerk to publish a summary
at least five days prior to adoption. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
TREE PROTECTION/MEASUREMENT METHODS/ORDINANCE INTRODUCTION (25.27)
The following person addressed the Council regarding this issue:
Richard Salciccia, 14888 Bronson Ave., spoke for Patricia DeLuca, asking for additional criteria
in regards to the trees that can be removed. Replacement with a more appropriate tree, and
proximity more specifically defined, were issues he addressed.
Mr. Bowman, Town Planning Director, noted that there is a tentative hearing scheduled for May
17, 1993 for Ms DeLuca if Council introduces this ordinance.
No one else from the audience addressed this issue.
The Town Clerk read the Title of the Draft Ordinance
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TREE
PROTECTION ORDINANCE SPECIFYING ALTERNATIVE METHODS OF MEASURING
THE SIZE OF TREES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
OLD TOWN/DEVELOPMENT/PLANNING COMMISSION RECOMMENDATION (26.46)
Mayor Benjamin stated that this was the time and place duly noted to consider adopting
resolution on developing Old Town as recommended by the Planning Commission.
The following person from the audience spoke regarding this issue:
stated the wish to design a fist class project taking into account all the issues Council and
Town have been addressing but asked Council to allow as many options as possible to remain
open at this point as the design of the master plan is formulated.
No one else spoke on this issue.
Staff reports:
Lee Bowman explained that the Downtown Specific Plan will need to be amended. If Council
does accept consideration of development on this property, Council must make some conceptual
decisions.
Chief Todd spoke regarding the additional costs that arise from mixed use developments and
the impact on Town resources.
TC: D5: MM041993 8