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Item 23 Staff Report Adoption of Ordinance Amending Chapter 14 of the Town Code Relating to Regulating Recyclable MaterialsCOUNCIL AGENDA DATE: 2/20/90 ITEM NO. 4A3 TOWN OF LOS GATOS Council Agenda Report DATE: FEBRUARY 8, 1990 TO: MAYOR AND TOWN COUNCIL FROM: MARY JO LEVINGER, TOWN ATTORNEY SUBJECT: ADOPTION OF ORDINANCE AMENDING CHAPTER 14 OF THE TOWN CODE RELATING TO REGULATING RECYCLABLE MATERIALS RECOMMENDATION: Adopt the ordinance that was introduced at the Town Council meeting of February 5, 1990. PREPARED BY: MARY JO LEVINGER MJL: ymf cc: Regular Distribution Mr. Gerard Wen, GVDC, P.O. Box 1227, Los Gatos, 95031 Reviewed by: ATTORNEY CLERK TREASURER TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: COMMENTS: ORDINANCE NO: ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE TOWN CODE RELATING TO REGULATING RECYCLABLE MATERIALS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Article III of Chapter 14 of the Town Code is hereby enacted and added to the Town Code to read as follows: ARTICLE III. RECYCLABLE MATERIALS Section 14-30 - Definition. For the purposes of this Chapter, the following definition shall apply: Recyclable Materials. Any paper, glass, cardboard, plastic, used motor oil, ferrous metal or aluminum and any other recyclable material that has been segregated from other refuse by placing in separate containers or by other such physical separation and placed for collection separately from garbage, refuse, rubbish or other waste. Section 14-31 - Collection of Recyclable Materials - Contract. The Town may enter into an Agreement with any contractor, granting to such contractor the exclusive right and privilege of collecting, processing and marketing recyclable materials from designated dwellings within the Town, according to the terms and conditions of such an Agreement. Section 14-32 - Collection of Recyclable Materials - Fees. The Town may determine the manner in which recycling services are to be provided in the Town. The Council shall determine by resolution any fee to be imposed and collected from residential or commercial occupancies served by recyclable material collection programs provided by the Town or Town's contractor and the manner in which the fee is to be collected. Residential or commercial occupancies shall be notified of any new or amended fee at least thirty days prior to its implementation. Section 14-33 - Removal of Recyclable Materials. No person other than the authorized recycling contractor shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other recyclable materials which have been segregated from other refuse, placed in designated containers separated from refuse and placed at a designated collection location for purposes of collection and recycling. Section 14-34 - Recyclable Materials - Donation or Sale. Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of his/her recyclable materials. 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. -2- This ordinance was introduced at a meeting of the Town Council of the Town of Los Gatos on , 1990 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 , 1990. AYES: Council Members NOES: Council Members ABSTAIN: Council Members ABSENT: Council Members SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GATOS -3- A:\ords\cs020590.033 OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: W32 0 COUNCIL AGENDA ITEM: SUBJECT: DEPARTMENT DISC ON FILE WITH CLERK? YES: NO: Number: Date of Adopt: RESOLUTION ogi Pecu�D�6� Number: Date of Intro: Date of Adopt: ZONE CHANGE: ORDINANCE cAVS /tea COUNCIL ACTION: AYES: NAYES: ABSENT: ABSTAIN: COUNCIL MEMBERS NAMES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura Mayor Thomas J. Ferrito. ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK: D4: \OTHER\O RDRES ACTION /1,e4/n1 " 4 INTERNAL TRACKING DOCUMENT ON REVERSE SIDE ,e t p f 11 DATE BY All e--- LIST IN BOOK /:;/3 » 2 f Z ; TA (,) �' ON DISC?1131r4X1Piurowirec SEND TO DEPT. PUBLISH IF REQUIRED - Indicate date of Publication. �D IU % ti4 f1 . (W)r�/fra .1Er� DAy -�610LL( f� t �ieekt l> I ' 1 ;ey..�� T1z% ip 02.0 (1)-515.3ivaiu; .a- /s/ LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: t- a,/1'14-- M 1,(u S 6,1 SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE FILE IN VAULT \other\ordres2 ORDINANCE 1812 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE TOWN CODE RELATING TO REGULATING RECYCLABLE MATERIALS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Article III of Chapter 14 of the Town Code is hereby enacted and added to the Town Code to read as follows: ARTICLE III. RECYCLABLE MATERIALS Section 14-30 - Definition. For the purposes of this Chapter, the following definition shall apply: Recyclable Materials. Any paper, glass, cardboard, plastic, used motor oil, ferrous metal or aluminum and any other recyclable material that has been segregated from other refuse by placing in separate containers or by other such physical separation and placed for collection separately from garbage, refuse, rubbish or other waste. Section 14-31 - Collection of Recyclable Materials - Contract. The Town may enter into an Agreement with any contractor, granting to such contractor the exclusive right and privilege of collecting, processing and marketing recyclable materials from designated dwellings within the Town, according to the terms and conditions of such an Agreement. Section 14-32 - Collection of Recyclable Materials - Fees. The Town may determine the manner in which recycling services are to be provided in the Town. The Council shall determine by resolution any fee to be imposed and collected from residential or commercial occupancies served by recyclable material collection programs provided by the Town or Town's contractor and the manner in which the fee is to be collected. Residential or commercial occupancies shall be notified of any new or amended fee at least thirty days prior to its implementation. Section 14-33 - Removal of Recyclable Materials. No person other than the authorized recycling contractor shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other recyclable materials which have been segregated from other refuse, placed in designated containers separated from refuse and placed at a designated collection location for purposes of collection and recycling. Section 14-34 - Recyclable Materials - Donation or Sale. Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of his/her recyclable materials. 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. -2- This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 5, 1990 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 February 20, 1990. AYES: Council Members Joanne Benjamin. Eric D. Carlson. Robert L. Hamilton, Brent N. Ventura. and Mayor Thomas J. Ferrito NOES: Council Members ABSTAIN: Council Members ABSENT: Council Members Al 1'EST: SIGNED: /s/ Thomas J. Ferrito MAYOR OF THE TOWN OF LOS GATOS /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS 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 eighteen years, and not a party to or interested in the above - entitled matter. I am the principal cierk of the printer of the LOS GATOS WEEKLY 20 S. Santa Cruz Avenue, Suite 110, Los Gatos, California, a newspaper of general circulation, printed every Wednesday 'n the City of Fremont, California. County of A:ameda, and published in the Town of Los Gatos. California. County of Santa Clara; and which iewsoaper zas been adjudged a newspaper o::eneral circulation by the Superior Court of the Ccuhy _f Santa Clara, State of California, Case Nurn oer :69871. dated April 18, 1985, that the rot.ce of which the an- nexed is a printed copy (set Ir type not smaller than non-pareil), has been pubiisned in each regular and entire issue of said -ewspaper and not in any supplement thereof on 'he following dates, to wit: all in the year 19 90 1 certify (or declare) under penaitof perjury that the foregoing is true and correc. Dated at Los Gatos. California. :n is .21 19 7V,,,totALdu,DA) Signature This spa 3 for.the Courtty.Cterk's Ling:StampA PROOF OF PUBLICATION OF ORDINANCE 1812 ORDI- NANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE TOWN CODE RELATING TO REGULATING RECYCLABLE MATERIALS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Article III of Chapter 14 of the Town Code is hereby enacted and added to the Town Code to read as follows: ARTICLE 111. RECYCLABLE MATERIALS Section 14-30 - Definition. For the purposes of this Chapter, the following definition shall apply: PROOF OFPUBLICATION (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 eighteen years, and not a party to or interested in the above - entitled matter. I am the principal deck of the printer of the LOS GATOS WEEKLY 20 S. Santa Cruz Avenue, Suite 110, Los Gatos, California, a newspaper of general circulation, printed every Wednesday 'n the City of Fremont, California, County of A:ameoa, and puolished in the Town df Los Gatos. California. County of Santa Clara; and which iewsoaper has been adjudged a newspaper o; :enerai circulation by the Superior Court of the Ccurry r Santa Clara, State of California, Case Numcer 69871. dated April 18, 1985, that the rotce of twnich the an- nexed is a printed copy (set In type :iot smaller than non-pareil), has been pubtisned in each regular and entire issue of saic -ewsoaper and not in any supplement thereof or 'he following dates, to wit: 62' all in the year 19 certify (or declare) under pena t i of perjury that the foregoing is true and correc. Dated at Los Gatos. California...nis Signatufc t. 1Q %GI Alp-) This spz is for the County Cfetk*s F ing:Stam p:.tOier- • • •=i1- /-1- x‘.) PROOF OF PUBLICATION OF Recyclable Materials. Any paper, glass,cardboard,plastic, used motor oil, ferrous metal or aluminum and any other recy- clable material that has been segregated from other refuse by placing in separate contain- ers or by other such physical separation and placed for col- lection separately from gar- bage, refuse, rubbish or other waste. Section 14-31 - Collec- tion of Recyclable Materials - Contract. The Town may enter into an Agreement with any contractor, granting to such contractor the exclusive right and privilege of collecting, proc- essing and marketing recy- clable materials from desig- nated dwelling within the Town, according to the terms and conditions of such an Agree- ment. Section 14-32 - Collec- tion of Recyclable Materials - Fees. The Town may deter- mine the manner in which recy- cling services are to be pro- vided in the Town The Council shall determine by resolution any fee to be imposed and collected from residential or commercial occupancies served by recyclable material collection programs provided by the Town or Town contrac- tor and the manner in which the fee is to be collected. residential or commercial occupancies shall be notified of any new or amended fee at least thirty days prior to its implementation. Sec- tion 14-33 - Removal of recy- clable Materials. No person other than the authorized recycling contractor shall remove paper, glass, cardboard, plastic,used motor oil, ferrous metal, alumi- num or other recyclable materi- als which have been segregated from other refuse, placed in designated containers separated from refuse and placed at a designated collection location for purposes of collection and recy- cling. Section 14-34- Recyclable Materials - Donation or Sale. Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of his/ her recyclable materials. SEC- TION II This ordinance takes effect 30 days aher it is adopted. Within 15 days after this ordi- nance is adopted, theTown Clerk shall cause it to be published once in a newspaper of general circulation published and circu- lated in the Town. Thisordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on Febru- ary 5,1990 and adopted by the following vote as an ordinance of PROOF OF PUBLICATION (2015.5 C.C:P.) STATE OF CAUFORNIA County of Santa Clara 1 am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the LOS GATOS WEEKLY 20 S. Santa Cruz Avenue, Suite 110, Los Gatos, California, a newspaper of general circulation, printed every Wednesday !n the City of Fremont, California. County of A:ameaa, and puolished in the Town of Los Gatos. California. County of Santa Clara; and which newspaper has been adjudged a newspaper o: general circulation by the Superior Court of the Ccu; y f Santa Clara, State of California, Case Nun- cer 589871. dated April 18, 1985, that the rotce of which the an- nexed is a printed copy (set Ir: type not smaller than non-pareil), has been pubiisned in each regular and entire issue of saic -ewsaaper and not in any supplement thereof on 'he following dates, to wit: all in the year 19 el° certify (or declare) under penalt i of perjury that the foregoing is true and correct. Dated at Los Gatos. California.:ris 90 3( Signature This sp: is for the County Cleric's Firing Stamp PROOF OF PUBLICATION OF the Town of Los Gatos at a regu- lar meeting of the Town Council of the Town of Los Gatos on February 20,1990. AYES: Council Members Joanne Benjamin, Eric D.Carlson, Robert L. Hamilton, Brent N. Ventura, and Mayor Thomas J. Ferrrito NOES: Council Members None ABSTAIN: Council Members None ABSENT: Council Members None SIGNED: /s/ Thomas J. Ferrito MAYOR OFTHE TOWN OF LOS GATOS ATTEST /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS (Pub 2/28) (Igw-172) ru .t February 20, 1990 Los Gatos, California FERRIS AVE #5/ANNEXATION/RESOLUTION 1990-37 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-37 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS FERRIS AVENUE #5 TO THE TOWN OF LOS GATOS. Carried unanimously. WESTSIDE #13/ANNEXATION/RESOLUTION 1990-38 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-38 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS WESTSIDE #13 TO THE TOWN OF LOS GATOS. Carried unanimously. URBAN STREAM RESTORATION/GRANT APPLICATION/RESOLUTION 1990-39 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-39 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT, which endorses the joint application with the Billy Jones Wildcat Railroad for an Urban Stream Restoration Program grant. Carried unanimously. SOURCE REDUCTION AND RECYCLING TASK FORCE/SANTA CLARA COUNTY INTERGOVERNMENTAL COUNCIL SOLID WASTE COMMITTEE/RESOLUTION 1990-40 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING RESOLUTION DESIGNATING THE INTERGOVERNMENTAL COUNCIL SOLID WASTE COMMITTEE AS THE SOURCE REDUCTION AND RECYCLING TASK FORCE FOR SANTA CLARA COUNTY. Carried unanimously. RECYCLABLE MATERIALS/TOWN CODE/AMENDING CHAPTER 14/ORDINANCE 1812 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Ordinance 1812 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE TOWN CODE RELATING TO REGULATING RECYCLABLE MATERIALS. Carried unanimously. HEARINGS EAST MAIN STREET 27/ILHAM ARIF/BEER-WINE LICENSE REQUEST/HAI-THAI/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request to serve beer and wine as part of an existing restaurant operation in the C-2-LHP zone. Conditional Use Permit Application U-83-28A. Property located at 27 E. Main Street. Property Owner, Ca1-Irish. Applicant, Ilham and Mina Arif. The following person spoke to the issue: Mr. Ilham Arif, 27 E. Main St., is still looking for a restaurant location in Town since the earthquake closed his October 1989. TC: D1: MM022090 4