Item 14 Staff Report Adoption of a Resolution Supporting AB 750 and Another Resolution Supporting AB 1423 and Senate Bill 235 Regarding Recycling�1
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 2, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 5/6/91
ITEM NO. Ity
ADOPTION OF A RESOLUTION SUPPORTING AB 750 AND ANOTHER RESOLUTION
SUPPORTING AB 1423 AND SENATE BILL 235 REGARDING RECYCLING
RECOMMENDATION:
That Council adopt the attached resolutions supporting AB 750, AB 1423, and SB 235 regarding recycling.
BACKGROUND:
Californians Against Waste has requested that the Town Council adopt a resolution supporting Assembly
Bill 750, and another resolution supporting AB 1423 and Senate Bill 235. Draft resolutions regarding the bills
are attached.
DISCUSSION:
A copy of the letter from Californians Against Waste is attached. Also attached are copies of summaries
of the bill. These bills are supported by the League of California Cities.
AB 750 would add wine and other liquor bottles to the items redeemed through the California Beverage
Container Act (AB 2020). AB 1423 and SB 235 would require minimum percentages of post consumer
contents in the manufacture of the following containers: paperboard, plastic, flint glass, colored glass, steel,
bimetal and aluminum.
FISCAL IMPACT:
None.
PREPARED BY: Regina A. Falk
Community SeManager
RAF:dr
CSD05: A: \C NCLRPTS\AB750
5/2/91 10:15 am
File #
ATTACHMENTS: 1. Draft Resolutions
2. Letter from Californians Against Waste dated April 18, 1991
DISTRIBUTION: Californians Against Waste
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SUPPORTING ASSEMBLY BILL 750
WHEREAS, the Town Council of the Town of Los Gatos is
committed to recycling and waste reduction plans and programs in
order to meet the requirements of the California Integrated Solid
Waste Management and Recycling Act (AB 939, 1989); and
WHEREAS, Assembly Bill 750 by Assembly Member Burt
Margolin would provide a financial incentive for the collection for
recycling of the more than 325,000 tons of wine and liquor
containers littered and landfilled in California annually; and
WHEREAS, the total cost to local government in California
for the collection and disposal of wine and liquor bottles is
estimated at more than $20 million annually; and
WHEREAS, in the months since consumer refund values were
increased to two -for -a -nickel under California's beverage container
recycling program recycling rates have increased significantly;
and
WHEREAS, the enactment of AB 750 will assist the Town of
Los Gatos in meeting the objectives of the California Integrated
Solid Waste Management and Recycling Act.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS:
1. Support Assembly Bill 750.
CSD08:A:\RESOS\CS050691.R01
—1—
2. Convey our support for AB 750 to Assembly Member Burt
Margolin, our assembly and state senate representatives,
Assembly Member Byron Sher, Chair of the Assembly Natural
Resources and Wildlife Committee, and the California
League of Cities and County Supervisors Association of
California.
3. Join with representatives of the League of Cities, the
County Supervisors Association of California, San Diego
Association of Governments, Sierra Club California, the
Planning and Conservation League, and Californians
Against Waste in working for the passage of AB 750.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 6th day
of May, 1991, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS050691.R01
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Attachment 1•A
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SUPPORTING ASSEMBLY BILL 1423
AND SENATE BILL 235
WHEREAS, the Town Council of the Town of Los Gatos is
committed to meeting or exceeding the recycling and waste reduction
requirements of the California Integrated Solid Waste Management
and Recycling Act (AB 939, 1989); and
WHEREAS, a key to the long term success of recycling in
California depends on a balanced strategy of creating incentives
and implementing programs for the collection of recyclables, while
stimulating material demand through thoughtful recycled material
market development efforts; and
WHEREAS, the legislature and Governor in 1989 adopted AB
1305, a successful recycled newsprint market development program
mandating minimum levels of recycled content in newspaper; and
WHEREAS, Assembly Bill 1423 by Assembly Member Michael
Gotch and Senate Bill 235 by Senator Gary Hart would, if adopted
establish similar minimum recycled content requirements on all
paper, glass, aluminum, steel, and plastic containers sold in this
state.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS:
1. Convey our support for AB 1423 to Assembly Member Michael
Gotch, our assembly and senate representatives, Assembly
Member Byron Sher, Chair of the Assembly Natural
Resources Committee, and the California League of Cities
and County Supervisors Association of California.
CSD08:A:\RESOS\CS050691.R00
—1—
2. Convey our support for Senate Bill 235 to Senator Gary
Hart, our assembly and senate representatives, Senator
Dan McCorquodale, Chair of the Senate Natural Resources
and Wildlife Committee, and the California League of
Cities and County Supervisors Association of California.
3. Join with representatives of the League of Cities, the
County Supervisors Association of California, Sierra Club
California, the Planning and Conservation League, and
Californians Against Waste in working for the passage of
AB 1423 and SB 235.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 6th day
of May, 1991, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSDOB:A:\RESOS\CS050691.R00
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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4 Attachment 2
a -4
_: CAW1991
i Californians Against Waste t Y , : y.- itr-- \kV] 7
_ frs �_. Towards a Recycling Economy ,; t
?fit • `' . = � �_ 4:�
April 18, 1991' w. irarh _.x�-���-_� .
Mayor Brent Ventura
110 E. Main St.
Los Gatos, CA 95032
Re: Resolutions in Support of Recycling Legislation
Dear Mayor Ventura,
Last year, working together as a coalition of local governments,
recyclers and environmentalists, we successfully enacted legislation
for expanding markets for recycled materials through minimum content
legislation. We were also able to turn back glass industry legislation
aimed at gutting the state's bottle bill.
This year we again need your help in supporting recycling legislation
aimed at assisting your community in meeting the requirements of
Assembly Bill 939.
Assembly Bill 750 by Assemblymember Burt Margolin (D-Los Angeles) will
provide the financial incentive for the collection of thousands of tons
of wine, liquor and non -carbonated water containers, by adding tham to
thhe state's beverage container recycling program.
Assembly Bill 1423 by Assembly Member Michael Gotch (D-San Diego) and
Senate Bill 235 by Senator Gary Hart (D-Santa Barbara) will help to
create markets for the materials collected for recycling by curbside and
other recycling programs by requiring the container industry to use
minumum recycled content in the production of new containers.
AB 939, requires cities and counties to recycle 25% of their waste by
1995 and 50% by 2000. The minimum content standards in AB 1423 and SB
235 will assist your community in meeting the requirements of AB 939 by
helping to establish sizable markets for material collected. AB 750 can
help funding these programs.
We urge you to act quickly on this important issue, and join with
recyclers, the League of Cities, the County Supervisors Association, and
Californians Against Waste in supporting these measures.
Attached is a model resolution and background information. Thank you
for your attention to this urgent matter. If you have any questions,
please contact us at (916) 443-5422.
Sincerely,
Mark Murray
909 12th Street, Suite 201, Sacramento, CA 95814 • (916) 443-5422 • Fax (916) 443-3912 • P.O. Box 289, Sacramento, CA 95812
Printed or copied on Recycled Paper
FACT SHEET ON ASSEMBLY BILL 750
By Assemblymember Burt Margolin to
Expand Beverage Container Recycling Law
CURRENT LAW
The California Beverage Container Recycling Act (AB 2020)
currently places a 2 1/2 cent Refund Value (RV) on all beer, soft
drink and wine cooler containers under 24 ounces, and a 5 cent
refund value on those containers 24 ounces or larger.
CURRENT RECYCLING RATES
According to the State Department of Conservation, the recycling
rates for beverage containers in California reached an all time
high in 1990, those rates are as follows:
Pre -AB 2020
Aluminum
Glass
Plastic
1989 Rates 1990 Rates
64%
45%
7%
76%
57%
31%
AB 2020 provides the financial underpinnings for hundreds of
private, public and non-profit recycling operations, including
more than 2000 recycling centers and 234 curbside programs.
SUMMARY OF AB 750
AB 750 would expand the beverage container recycling program
beginning July 1, 1992. Materials currently collected are as
follows:
Material
RV
% Total Tonnage Percent
Waste Generated Recycled
Glass
Aluminum
PET Plas.
Metal
2.0
0.4
0.1
0.1
784,000
184,627
46,333
1,000
50%
76%
15%
2%
Approx. # Redemption
Contnrs. Payment
3,136. mill
9,231.
556.
10.
66.0
156.0
22.0
.2
sub -total 2.7
1,015,627
Material to be added by AB 750
Wine & Liquor 1.6 592,000
12,931. $244.2
8.6% 184. mill 7.3
* AB 750 follows recommendations to add containers included in a
January, 1990 report to the legislature by DOC.
* AB 750 targets containers that contribute to the litter
problem in parks, on beaches, and in urban areas.
* AB 750 will simplify the program for consumers and recyclers who
must now sort through containers to determine wchich glass and
aluminum containers are included and which are not.
SUMMARY OF MINIMUM RECYCLED CONTENT LEGISLATION
By 1993, it is conservatively estimated that California will
collect for recycling 500,000 tons of glass, 300,000 tons of steel,
3.4 million tons of paper, 30,000 tons of plastic and 150,000 tons of
aluminum. Essential to the success of our recycling efforts is the
development of stable markets for this collected material.
Assembly Bill 1423 by Assembly Member Michael Gotch (D-San Diego)
and Senate Bill 235 by Senator Gary Hart (D-Santa Barbara) are
intended to support state and local recycling efforts by closing the
loop on packaging waste. By requiring producers of packaging
containers to utilize specified minimum levels of recycled material
in the manufacture of their products, we will help to assure stable
markets for material collected in curbside and other recycling
programs.
SUMMARY OF AB 1423
AB 1423 would require manufacturers of glass, steel, bi-metal and
aluminum containers to use the following minimum percentages of
recycled content in the manufacture of their containers on and after
the dates specified below:
EFFECTIVE DATE
FLINT GLASS CONTAINERS
GREEN,AMBER AND
MIXED COLOR CONTAINERS
STEEL AND BI-METAL
CONTAINERS
ALUMINUM CONTAINERS
SUMMMARY OF SB 235
1/1/93 1/1/96 1/1/99
25% 35% 45%
40% 50% 60%
35% 60* 85%
60% 75% 90%
This measure would require manufactures of paperboard and rigid
plastic containers to use the following minimum percentages of
postconsumer content in the manufacture of their containers on and
after the dates specified below:
EFFECTIVE DATE 1/1/93 1/1/95
PAPERBOARD CONTAINERS 50% 50*
PLASTIC CONTAINERS 10% 25%
RESOLUTION 1991-71
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SUPPORTING ASSEMBLY BILL 1423
AND SENATE BILL 235
WHEREAS, the Town Council of the Town of Los Gatos is
committed to meeting or exceeding the recycling and waste reduction
requirements of the California Integrated Solid Waste Management
and Recycling Act (AB 939, 1989); and
WHEREAS, a key to the long term success of recycling in
California depends on a balanced strategy of creating incentives
and implementing programs for the collection of recyclables, while
stimulating material demand through thoughtful recycled material
market development efforts; and
WHEREAS, the legislature and Governor in 1989 adopted AB
1305, a successful recycled newsprint market development program
mandating minimum levels of recycled content in newspaper; and
WHEREAS, Assembly Bill 1423 by Assembly Member Michael
Gotch and Senate Bill 235 by Senator Gary Hart would, if adopted
establish similar minimum recycled content requirements on all
paper, glass, aluminum, steel, and plastic containers sold in this
state.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS:
1. Convey our support for AB 1423 to Assembly Member Michael
Gotch, our assembly and senate representatives, Assembly
Member Byron Sher, Chair of the Assembly Natural
Resources Committee, and the California League of Cities
and County Supervisors Association of California.
CSD08:A:\RESOS\CS050691.R71
-1-
2. Convey our support for Senate Bill 235 to Senator Gary
Hart, our assembly and senate representatives, Senator
Dan McCorquodale, Chair of the Senate Natural Resources
and Wildlife Committee, and the California League of
Cities and County Supervisors Association of California.
3. Join with representatives of the League of Cities, the
County Supervisors Association of California, Sierra Club
California, the Planning and Conservation League, and
Californians Against Waste in working for the passage of
AB 1423 and SB 235.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 6th day
of May, 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Eric D. Carlson, Mayor Brent N. Ventura
NAYES: None.
ABSENT: None.
ABSTAIN: None.
SIGNED: /s/ Brent N. Ventura
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS050691.R71
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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May 6, 1991
Los Gatos, California
COUNTY REFERRALS CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to reconsider this item due to further
information received by staff, and to continue the following referral to May 20, 1991; 4809-
31-49-914//16362 Aztec Ridge//Schloh//Variance//Approval for front setback and denial of
side setback. 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.
PAYROLL/RATIFICATION/APRIL 1991
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for payroll of March 30 to April 13, 1991 in the amount of $206,450.53 paid on April
19, 1991. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1991 that Council ratify accompanying check
Motion by Mrs. Benjamin, seconded by Mr. Attaway,
registers for accounts payable invoices in the amount of $336,699.63 paid on April 19, 22 and
26, 1991. Carried unanimously.
HOLLYWOOD AVE 222/COLWELL/ENCROACHMENT PERMIT
Informational item received and filed.
REDEVELOPMENT ADVISORY COMMITTEE/PLANNING COMMISSIONER APPOINTMENT
Motion by Mrs. Benjamin, seconded by Mr.
Retaway, that development Advisory Advisory Cotuncil appoint nmittee�Carried by
tney-Hafft
as the Planning Commission memberofthe
a vote of 4 ayes. Mayor Ventura abstained due to a possible conflict of interest.
BAY VISION 2020
Motion by Mrs. Benjamin seconded by Mr. Attaway, htTowa's coouncil authorize the Mayor to mmentsegarding the Bay Vision
the letter in the staff report which summarizes
2020 draft report. Carried unanimously.
8903 PROJECT DUAL STREET RESURFACING/COMPLETION NOTICE
Motion brMrs. Benjamin, seconded by Mr. Attaway,of Acceptt Council ance and Notice ofethe Mayor to
Comp Completion for
execute and the Town Clerk to record a Certificate p
Project 8903 - Annual Street Resurfacing. Carried unanimously.
RECYCLING/SB 235 & AB 1423/AB 750/RESOLUTIONS 1991-70 & 1991-71
Motion by Mrs. Benjamin, seconded by Mr.
FAiAS G, that Council ATOS SUPPORTING ASSEMBLY BILL
t Resolution 1991-70
entitled, RESOLUTION OF THE TOWN O
750, Carried unanimously.
2
TC:01: MM050B91
May 6, 1991
Los Gatos, California
RECYCLING CONT.
Motion by Mrs. Benjamin, seconded by
Mr.
Attaway,
Council
Resolution
�LLG
entitled, RESOLUTION OF TIE TOWN
1423 Carried unanimously.
OPEN SPACE AUTHORITY/SB 164/RESOLUTION 1991-72
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-72
entitled, RESOLUTION OF THE TOWN
I PAS LOS GATOS SUPPORTING
NOVEM .i990 BALLOT
64 TO
ESTABLISH T�[I�ANTA CLARA OP
MEASKRE. Carried unanimously.
SANTA CRUZ AVE N 19/REEDY/CONDITIONAL tUSE P that ONRes1991-73u1991-73
Motion by Mrs. Benjamin, seconded y CONDITIONAL USEentitled, RESOLIJTLON OF THE TO`iiv OF LOS GATOS GRAN
PERMIT FOR A NONCONFORMING RESTAURANTON PROPERTY IN THE C-2 ZONE,
(CONDITIONAL USE PERMIT APPLICATION EU-90 A: 19 N. SANTA CRUZ AVENUE;
RANDY REEDY), Carried unanimously.
REDEVELOPMENT ADVISORY COMMITTEE/MEMBERSHIP/RESOLUTIONNoadopt Resolution 1991-74
1991-74
Motion by Mrs. Benjamin, secondedby
entitled, RESOLUTION OF 'THE TOWN OF LOS GATOS ESTABLISHING
THE
REDEVELOPMENT ADVISORY E AS ON ADVISORY BODg the Redevelopment E
REDEVELOPMENT mNse enhto ech leven en memberends s. 1991-41 Carried by
pana° a of 4 ayes. ayor
Advisory Committee from
Ventura abstained due to a possible conflict of interest.
COMMERCIAL SPECIFIC PLAN COM E/COMMENDATIONS FOR MEMBERS
RESOLUTIONS 1991-75 THROUGH that Council adopt Resolutions 1991-75
Motion by Mrs. Benjamin, seconded by Mr. Attaway,
through 1991-86 entitled, RESOLUTION OF THE T� 4 _ROD OS COJOHNMMEND COMMENDING;
MICHAEL ABKIhL• STEVEN R[.P►)Ii'ON: EBIC HARD MILLER: CLIFF
LUBECK; TERRY MC ELROY: PATRLCK O UGHLIN; BIC.�� 1; : •
• 11 '.1 ; M M u•� •►' ►Y
. 1 3 • „ku M v , for their contributions to the Town as
•uu ;
members of this committee. Carried unanimously, except for Mr. Carlson's, Mr. Blanton's an
d
Mayor Ventura's abstention on their own commendations.
CERRO VISTA DRIVE 16075/BALABAN/APPEAL/RESOLUTION 1991-87
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1 9I1-87
• 1 ►l1►
entitled, ; • y� • ► • M•! • ►� • '• • r; U • • F A
• 1 y Il.1 .I:- • v 01.10r slit 1:
... 1! • : ; • � 15, 1991. Carried
which incorporates the Council findings and decision at its meeting of April
unanimously.
3
TC: D1: MM050891
RESOLUTION 1991-70
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SUPPORTING ASSEMBLY BILL 750
WHEREAS, the Town Council of the Town of Los Gatos is
committed to recycling and waste reduction plans and programs in
order to meet the requirements of the California Integrated Solid
Waste Management and Recycling Act (AB 939, 1989); and
WHEREAS, Assembly Bill 750 by Assembly Member Burt
Margolin would provide a financial incentive for the collection for
recycling of the more than 325,000 tons of wine and liquor
containers littered and landfilled in California annually; and
WHEREAS, the total cost to local government in California
for the collection and disposal of wine and liquor bottles is
estimated at more than $20 million annually; and
WHEREAS, in the months since consumer refund values were
increased to two -for -a -nickel under California's beverage container
recycling program recycling rates have increased significantly;
and
WHEREAS, the enactment of AB 750 will assist the Town of
Los Gatos in meeting the objectives of the California Integrated
Solid Waste Management and Recycling Act.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS:
1. Support Assembly Bill 750.
CSD08:A:\RESOS\CS050691.R70
-1-
2. Convey our support for AB 750 to Assembly Member Burt
Margolin, our assembly and state senate representatives,
Assembly Member Byron Sher, Chair of the Assembly Natural
Resources and Wildlife Committee, and the California
League of Cities and County Supervisors Association of
California.
3. Join with representatives of the League of Cities, the
County Supervisors Association of California, San Diego
Association of Governments, Sierra Club California, the
Planning and Conservation League, and Californians
Against Waste in working for the passage of AB 750.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 6th day
of May, 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Eric D. Carlson, Mayor Brent N. Ventura
NAYES: None.
ABSENT: None.
ABSTAIN: None.
SIGNED: /s/ Brent N. Ventura
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS050691.R70
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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