Item 33 Staff Report Introduction of Ordinance - Amending Chapter 14 of the Town Code - Garbage and Rubbish DisposalCOUNCIL AGENDA
DATE: 2/5/90
ITEM NO: 33
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: January 31, 1990
TO: MAYOR AND TOWN COUNCIL
FROM: DEBORAH ACOSTA, TOWN MANAGER
SUBJECT: INTRODUCTION OF ORDINANCE - AMENDING CHAPTER 14 OF THE
TOWN CODE - GARBAGE AND RUBBISH DISPOSAL
RECOMMENDATION:
That Council introduce the attached draft ordinance amending
Chapter 14 of the Town Code to address recycling and add anti -
scavenging regulations to the Code.
BACKGROUND:
On December 4, 1989, following a Public Hearing, the Town Council
took action to authorize implementation of a residential curbside
recycling program and negotiation of a five-year contract with
Green Valley Disposal Company, Inc. (GVDC). Introduction of the
attached ordinance is necessary to allow the contractor, GVDC, to
collect the materials left at the curb by program participants.
DISCUSSION:
The attached draft ordinance would amend Chapter 14 of the Town
Code to add a definition of "recyclable materials", and address the
Town's authority to contract for recycling services and approve
appropriate fees. A section is also added to prohibit anyone but
the contractor from collecting recyclables that have been placed
at the curb for collection. This section will not prohibit anyone
from donating or selling their recyclable materials.
PREPARED BY: Regina A. Falkner, Mana
Community Services Divi
RAF:dr
CSD04:A:\CNCLRPTS\GarbRub.Dis
Reviewed by: Attorney
(con't. on page 2)
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
PAGE TWO
MAYOR AND TOWN COUNCIL
INTRODUCTION OF ORDINANCE - AMENDING CHAPTER 14 OF THE TOWN CODE -
GARBAGE AND RUBBISH DISPOSAL
FEBRUARY 5, 1990
EXHIBIT:
1. Draft Ordinance
DISTRIBUTION:
1. Mr. Gerard Wen, GVDC, P.O. Box 1227, Los Gatos 95031
DRAFT EXHIBIT 1
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
For the purposes of this Chapter, the following definition shall apply:
Section 14-30 - Definition.
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-
CSD04:A:\cnclrpts\garbrub.dis
&&j
la de ict.
ti.
January 16, 1990
Los Gatos, California
SEISMIC SAFETY CONTINUED
time frames as appropriate; authorize that at the discretion of the Director of Building Services,
occupancy may be revoked for failure to comply; determines there is no need for a public
hearing prior to introducing the ordinance. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, to waive the reading of the draft ordinance.
Carried unanimously. Town Clerk read the Title.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council introduce Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE IX OF CHAPTER 7 OF
THE TOWN CODE ESTABLISHING AN IDENTIFICATION AND MITIGATION PROGRAM
FOR POTENTIALLY HAZARDOUS BUILDINGS BY ADOPTING THE 1985 EDITION OF
THE UNIFORM CODE FOR BUILDING CONSERVATION AS PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND MAKING CERTAIN
AMENDMENTS THERETO. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-21
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PROCEDURES
FOR INVESTIGATION OF UNREINFORCED MASONRY BEARING WALL BUILDINGS.
Carried unanimously.
SOLID WASTE COLLECTION/CURBSIDE RECYCLING/RESIDENTIAL
Motion by Mr. Carlson, seconded by Mr. Ventura, that the cost of providing curbside recycling
services be $0.82 per household for the first year (12 months) of recycling and review at the end
of that time the Proposal for Organic Collection.
SOLID WASTE COLLECTION/CURBSIDE RECYCLING/MULTI-FAMILY
Motion by Mr. Ventura, seconded by Mr. Carlson, that Staff continue to work with the West
Valley Rate Review Committee and Green Valley Disposal Company, Inc. (GVDC) to refine
and implement the following plans for expansion of the Curbside Recycling Program to serve
multi -family residential units and businesses:
Phase I To market and implement the residential curbside recycling program.
Phase II To implement a multi -family curbside recycling program within six
months of the implementation of phase I.
Phase III To implement a yard waste collection program.
Phase IV To address the recycling needs of the commercial sector.
Carried unanimously.
RECORDS RETENTION SCHEDULE/RESOLUTION 1990-22
Motion by MR Carlson, seconded by Mrs. Benjamin, that the Los Gatos Town Council adopt
Resolution 1990-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING A
TOWN -WIDE RECORDS RETENTION SCHEDULE AND A POLICY FOR ONGOING
RECORDS MANAGEMENT. Carried unanimously.
REDEVELOPMENT AGENCY/TOWN OF LOS GATOS/RESOLUTION
Mayor Ferrito announced that this item would be continued until after the adoption of the
Redevelopment Agency's organizational documents.
TC: D 1: MM011690
9
December 4, 1989
Los Gatos, California
HEARINGS
GREEN RIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER
GROUND WATER/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning
ground water as the possible cause for tree damage on their property.
There was no one from the audience who wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to continue hearing until January 2, 1989,
to receive information from the Regional Water Quality Control Board. Carried unanimously.
SOLID WASTE COLLECTION SERVICES AND CURBSIDE RECYCLING
UNLIMITED COLLECTION/GREEN VALLEY/RESOLUTION 1989-237/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
Solid Waste Collection Services and Curbside Recycling Program including Unlimited Collection,
and adoption of resolution authorizing the Town Manager to enter into an agreement with
Green Valley Disposal for implementation of curbside recycling program and adoption of
resolution modifying refuse collection rates.
Town Manager, Deborah Acosta, explained the incremental approach of this program. The first
phase will address the issues of the single family homes; the second step would work out the
issues involving multi -family facilities on a more individual and custom designed basis; and the
third portion of the program would address the numerous concerns in the commercial
community, taking into consideration those businesses which already have successful recycling
programs.
The following people spoke from the audience regarding this issue:
Howard Nicholes, 15303 Top of the Hill Court, representing the Environmental Task Force of
the First Methodist Church of Los Gatos, states support for initiation of curbside recycling
as soon as possible even if it must begin incrementally.
Jill Boone, 2427 Granby, San Jose, representing the Sierra Club on issues involving solid waste
and recycling in Santa Clara County. Supports curbside recycling and the variable rate
for collection services. Variable rate studies versus unlimited collection have shown as
much as 25% decrease in solid waste generation and collection with the variable rate.
She states landfill space must be treated as a natural resource.
Thelma Spaziani, 204 Willow Hill, political liaison and vice-president of the Charter Oaks Town
House Association, is in full support of curbside recycling for multi -family units.
Marilyn Basham, 108 Teresita Way, is in support of the variable rate; encourages individual
responsibility for generation of waste.
Richard Gaines, 340 Johnson Ave., asked Council to consider the following suggestions: outlaw
plastic grocery bags in Town; form an Ad Hoc Committee or Commission to investigate
and report on all aspects of waste management; separate rates for senior citizens;
unlimited service as a potential removal of incentive to recycle and compost will possibly
shorten the life span of our landfill site.
TC:D1:MM120489
4
December 4, 1989
Los Gatos, California
SOLID WASTE COLLECTION CONTINUED
Speakers from the audience continued:
Norma Rose, 323 Blossom Valley Drive, spoke in support of unlimited service and the difficulty
of taking large amounts of gardening debris to the dump when you are elderly.
Alan Tanenbaum, 16530 Bonnie Lane, representative of Beyond WAR, spoke of the necessity
of reducing the volume of waste material and the need of establishing rates which will
ensure the life of the landfill area will extend beyond the immediate future.
Dolores Simone, 248 Old Adobe Road, spoke in support of unlimited pickup which would help
clean up the debris along Pollard and Quito Roads and control the rodent population.
Paula Rude, 110 Oak Rim Court, in favor of curbside recycling for everyone which would include
separation of organic compostable materials.
John Snelham, 247 Old Adobe Road, spoke in favor of unlimited pickup and the need for further
monitoring of the finances involved in the waste management franchise.
Julie Maxson, 210 Mattson Ave., representing Helping Us Live Peacefully, a club at Los Gatos
High School which addresses social issues including recycling which the club would like
to see implemented in Town.
Georgette Tanenbaum, 16530 Bonnie Lane, asks that the Town look at every aspect of recycling
and not go to unlimited pickup.
Nancy Cardinet, 221 Jones Road, asks Council to support recycling activities stating the pay by
the can system will create sufficient incentive to make it work
Brad Clifford, 246 Harding, supports the recycling program.
Walt Cardinet, 221 Jones Road, is in support of the recycling program.
There was no one else from the audience who wished to speak to this issue.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to close the public hearing on Curbside
Recycling Program. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-237
entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY. INC. FOR
IMPLEMENTATION OF THE CURBSIDE RECYCLING PROGRAM, with the cost of the
service to be included on the refuse bill, and staff to continue to study the implementation of
recycling for multifamily residences, businesses, and vending machine locations. Carried
unanimously.
Motion by Mrs Benjamin, seconded by Mr. Ventura, that Council approve adding the cost of
the recycling program of $0.82 per household per month to the refuse collection bill. Carried
by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito voted no for the following reasons. Mr.
Carlson stated that in the overall rate structure the people who recycle should be able to obtain
lower rates for their efforts, in effect making recycling free and charging more for additional cans
of trash put out, also pointing out that the rate structure should be considered at one time.
Mr. Ferrito agreed with Mr. Carlson.
Motion for consensus by Mr. Ferrito, that the staff report which will be submitted to Council
in thirty days should include fee structures which would show a zero base for curbside recycling.
TC: D 1: MM 120489
5
December 4, 1989
Los Gatos, California
/ SOLID WASTE COLLECTION CONTINUED
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to continue for three months the approval
of one -can service at a monthly rate of $4.58 (curbside) and unlimited garbage collection services
at a monthly rate of $10.73 and modifying the rate structure, and for staff to study the feasibility
of organic pick-up for our community and to submit a concrete proposal for carrying out such
a program. Carried unanimously.
BACHMAN AVENUE 243/GILBERT/S-89-55/APPEAL PC APPROVAL/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
the appeal of a Planning Commission decision to approve plans for a two-story addition to an
existing one-story residence in the R-1D-LHP zone, S-89-55. Property, 243 Bachman Avenue.
Owner, Alfie Gilbert. Applicant, E. Gary Schloh. Appellant, Christina Burnside.
The following people from the audience wished to address this issue:
Christina Burnside, 230 Tait, is concerned about the towering wall that the present design
presents to her patio, and would like to see an attempt to lower the proposed plans for
the house possibly using a subterranean approach.
Gary Schloh, 213 Bean Ave., architect for the project, explained how the design cannot be turned
around due to the configuration of the existing home.
Alfie Gilbert, owner of 243 Bachman Ave., asked for consideration of the present plans for his
home.
Brian Cosby, 230 Tait, would like to see another alternative to the present design.
There was no one else who wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue the hearing at this level and
to have the plans reconsidered after the architect has lowered the building a half story to create
less of an impact on the neighbors. Motion failed with a vote of 2 ayes. Mr. Carlson, Mr.
Ferrito and Mr. Ventura voted no.
Motion by Mr. Ventura, seconded by Mr. Carlson, to refer this project back to DRC and
Planning Commission and find that the Planning Commission erred in that the rear portion along
the westerly property line is obtrusive to the neighbor and will impact the bay tree which is
meant to screen the view to neighbor was not considered by the Planning Commission.
Mr. Carlson expands to include that the applicant and architect, at no extra cost, to submit and
discuss with staff additional alternatives. Mr. Ferrito added that the Planning Commission erred
in not considering the significant shadow impact on the adjacent lot. Mrs. Benjamin supports
the motion but feels that sending the project back through the system is too time consuming.
Carried by a vote of 4 ayes. Mr. Hamilton voted no feeling that the hearing should have been
continued and the project should have remained with Council.
RECESS
Mayor Ferrito declared a recess at 10:25 p.m. and called the meeting back to order at 10:40 p.m.
TC:D1:MM120489
6
November 20, 1989
Los Gatos, California
VERBAL COMMUNICATIONS
Frank Brandes, Councilmember from the City of Pleasanton, brought a donation of $10,000 to
the Town of Los Gatos from the citizens of his community for earthquake relief during this time
of local emergency. Mayor Ferrito thanked the Councilmember and City of Pleasanton for their
thoughtfulness and acknowledged the City of Signal Hill who contributed $2,500 and the City
of Santa Fee Springs who had given $7,000.
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. Property located at 27 E. Main
Street. Property Owner, Cal -Irish. Applicant, Ilham and Mina Arif.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to February 20, 1990,
to allow additional time to develop a report addressing the Council's questions and concerns in
allowing the approval of serving alcoholic beverages as part of a restaurant operation. Carried
unanimously.
GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/
GROUND WATER/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning
ground water as the possible cause for tree damage on their property.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this hearing to
December 4, 1989 in order for the California Regional Water Quality Control Board to re-
investigate the concerns raised by Duane and Susan Fish to determine if sewage is the cause of
the death of trees on their property. Carried unanimously.
RECYCLING/CURBSIDE/UNLIMITED SERVICE/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
solid waste collection services and curbside recycling including unlimited collection and adoption
of resolution authorizing the Town Manager to enter into an agreement with Green Valley
Disposal for implementation of curbside recycling program.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this item to December
4, 1989 to consider solid waste collection services and curbside recycling, including unlimited
collection and adoption of the resolution authorizing the Town Manager to enter into an
Agreement with Green Valley Disposal for implementation of the curbside recycling program.
Carried unanimously.
6
October 16, 1989
Los Gatos, California
HEARINGS CONTINUED
PLAZA LA POSADA 241/APPEAL PC APPROVAL/OWNER MC MACKIN/APPELLANT
GEORGE/HEARING
Mayor Benjamin 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 granting the approval of plans
to construct a new single family residence in the R-1:10,000 zone, S-89-35. Property located at
241 Plaza La Posada. Property Owner, Michael and David McMackin. Applicant, Ronald J.
Haas. Appellant, E.J. George.
There was no one from the audience who wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue this item to November 6, 1989
due to a request received by Council from the appellant. Carried by a vote of 4 ayes. Mr.
Ventura absent.
GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/GROUND
WATER/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision
concerning ground water as the possible cause for tree damage on their property.
There was no one from the audience who wished to address this issue.
Motion by Mr. Ferrito, seconded by Mr. Hamilton, to continue the hearing until November 6,
1989, to receive information from the Regional Water Quality Control Board. Carried by a vote
of 4 ayes. Mr. Ventura absent.
SOLID WASTE COLLECTION SERVICES AND CURBSIDE RECYCLING
PROGRAM/UNLIMITED COLLECTION/GREEN VALLEY/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider Solid Waste Collection Services and Curbside Recycling Program including unlimited
collection.
Mayor Benjamin asked for questions of staff. Mr. Carlson asked for discussion on what the
recommendations are regarding the issues. (1) Recycling, (2) Unlimited Collection, (3) Rates.
Mayor Benjamin clarified the three recommendations for those present. Mr. Ferrito asked that
the three issues be separated and voted on independently. Mayor Benjamin indicated that the
Town had gone out for Bid so that the Town would get a recycling program that was
competitive.
Those wishing to speak on the first issue of Curbside Recycling were:
Richard Gaines
Spoke in favor of the program but indicated his concern with the rate.
Mr. Ferrito agreed with some of Mr. Gaines's comments regarding waste. He stated that there
was a major problem which was basically the generation of waste and what we are going to do
with it. Mr. Ferrito indicated that the Council would be dealing with these problems. He also
felt the Council was doing a good job in dealing with all concerns in this area. The council
agreed that it was a total global problem and that they had been dealing with the recycling
concerns for quite some time. He stated that it was said to be cost effective.
There were no further comments from the audience regarding the Curbside recycling issue.
5
October 16, 1989
Los Gatos, California
CURBSIDE RECYCLING CONTINUED
Motion by Mr. Carlson for consensus, seconded by Mr. Ferrito to adopt a Resolution amending
the franchise agreement with Green Valley Disposal to include mandatory curbside recycling.
Carried by a vote of 4 ayes. Mr. Ventura absent.
UNLIMITED COLLECTION/HEARING CONTINUED
Mayor Benjamin asked for a report from staff regarding the difference between limited service
and unlimited service. Staff recommended unlimited service with the feeling that there would
not be a significant amount of increased waste for the landfill. The unlimited service, however,
would only be appropriate if curbside recycling was adopted at the same time. Staff indicated
that the City of Campbell's unlimited service was less due to the fact that it was supported by
a commercial base. Mr. Ferrito questioned whether any of the rates quoted had been adjusted
to remove the commercial subsidy so that the actual cost could be determined. Staff indicated
that information could be compiled.
Those wishing to speak regarding limited service vs unlimited service were:
Delores Simone, 248 Old Adobe Rd,
Ms. Simone submitted a petition in favor of unlimited service.
Mr. Ferrito asked if the people who signed the petition are aware that they will have to pay for
the service.
Mr. Carlson indicated that most rates would increase slightly rather than decrease with unlimited
service.
Richard Gaines, 340 Jackson
Stated he would rather stay with the limited service because he does not feel he should subsidize
others who use more garbage service. Feels those who put out less should pay less.
Ann Lamborn, 7 Monroe Court
Ms. Lamborn asked if the Council had investigated the program in Davis. The Council indicated
that they had. Staff indicated that they had begun discussions with Green Valley regarding
compost pick-up and other materials as well.
Richard Abcott, 100 Calle Margarita
Indicated that people where dumping garbage in commercial bins throughout Town. He is in
favor of unlimited service. Mr. Carlson asked if he was aware that he would experience a higher
rate. Mr. Abcott indicated he was aware of this.
Chuck DeFrietas, 60 Central Ave.
Spoke in favor of unlimited service. Mr. DeFrietas agreed with Council that there was only so
much waste that this area could support.
Julene Dee Pief, 47 West Roberts Road
Spoke in support of recycling compost and asked Council to make people more aware of the
problem.
6
October 16, 1989
Los Gatos, California
UNLIMITED COLLECTION CONTINUED
James Lein, 141 Via De Sorros
Felt that it was not whether the Town had limited or unlimited service, but whether the Town
educates the people to conserve. He is not in favor of mandatory, but is in favor of unlimited
service and is willing to pay for it.
George Acken, 123 Verona Court
Signed the petition in favor of unlimited pick up. He also feels that the Community needs to
be educated. Mr. Ferrito agrees and suggests that we also educate the governments of
neighboring communities.
Joan George, 230 Plaza La Posada
Suggests that there might be less rather than more garbage with unlimited pick up.
No one else in the Council Chambers wished to speak on the issue of limited service vs
unlimited service.
Motion by Mr. Carlson for consensus, seconded by Mr. Ferrito to aggressively pursue recycling
of organic materials. Carried by a vote of 4 ayes. Mr. Ventura absent.
Mr. Ferrito explains that we ought to be moving ahead. Mr. Carlson feels that the additional
ninety cents for unlimited will help to guarantee that the organic material will be recycled and
will assist with many problems. Mr. Hamilton pointed out that they are currently recycling all
the wood products at Guadalupe if people separated before delivering.
Motion by Mr. Carlson, seconded by Mr. Ferrito to investigate all empty lots and, to enforce
heavy fines for unlawful landfill. Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson, no second, for unlimited service which would not be subsidized. Mayor
Benjamin feels that the residential rates are much lower due to the commercial rate. Mr.
Carlson indicates that he wants the "frugal" to subsidize the residential. Mayor Benjamin feels
that the people are asking for unlimited service and recycling and are not too worried about
subsidies. Mr. Hamilton feels that having unlimited service is not going to effect the landfill
situation. He feels that many commercial cans are no larger than residential cans and he does
not feel that commercial should subsidize residential. Mr. Carlson withdrew his motion.
Gerard Wen, representing Green Valley Disposal, 573 University
States that he lives in Palo Alto and that in 1990 they will be going to a different system with
bags that are biodegradable. The bags will be biodegradable to make compost and will be used
for landfill cover. The key issue for the four west valley cities, if they were to adopt this type
of program, is who will buy the material. Market development and guaranteed sales are needed.
The Town would need to take the material away. Los Gatos is producing 1.4 tons of waste per
household.
Motion by Mayor Benjamin, seconded by Mr. Hamilton to have unlimited service which would
include a one can rate for Seniors. Motion fails, Mayor Benjamin and Mr. Hamilton voting yes,
Mr. Carlson and Mr. Ferrito voting no, Mr. Ventura absent.
7
October 16, 1989
Los Gatos, California
UNLIMITED COLLECTION CONTINUED
Motion by Mr. Hamilton, seconded by Mr. Ferrito to continue the discussion regarding the rates
and unlimited vs limited garbage service to the Council meeting of November 20, 1989. Motion
passes 4 ayes. Mr. Ventura absent.
INTENT TO VACATE PUBLIC RIGHT-OF-WAY/ROBERTS ROAD (WEST)/OPEN SPACE
BLOSSOM HILL ROAD 300/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider adoption of a resolution of Intention to Vacate a portion of public right-of-way known
as Roberts Road (west) in exchange for private land adjacent to Los Gatos Creek, which will
be dedicated to the Town in fee for public open space purposes (300 Blossom Hill Road).
Mr. Ferrito offered information, for the Council's consideration, regarding his conversation with
Professor Leventhal at San Jose State University. Mr. Ferrito indicated that during his
conversation with the Professor he asked if he would be willing to lend his expertise and do a
survey and perhaps a dig. The Professor initially expressed interest but has since indicated that
the site was not worth a dig. Mr. Ferrito questioned whether we could unilaterally amend the
PD ordinance at this stage.
Mary -Jo Levinger, Town Attorney indicated that we would have to go through a hearing process
if there were to be any changes. She indicated that we do have conditions with regard to
performance standards that preserve archeological findings which allows an opportunity to cease
work until the archeological concerns are addressed.
Mr. Carlson asked what was wrong with the current PD. Mr. Ferrito indicated that some people
thought there was sufficient evidence, in their opinion, that remains will be found. Mayor
Benjamin stated that if someone is willing to go out to the site and do the dig, the developer is
agreeable. Mr. Ferrito feel that if there is a qualified person to do the dig then the developer
would remain cooperative and follow California Environmental Quality Act standards.
The following people spoke from the audience:
Linda Calhon, representing Ansley Development Company, spoke of the protection the Town
has under law. Mr. Carlson stated the Town's PD ordinance indicates that if the developer
encounters archaeological findings they would need to allow qualified people to investigate. Ms
Calhon stated that they have to hire an archeologist in case something is discovered, and that
some experts believe that the best situation for some finds is to leave the location undisturbed
and untouched if it appears to be a sacred area as also stated in CEQUA. Mr. Ferrito
reiterated that there was an effort made by himself and Ms Calhon to have a professional look
at the site. Mr. Carlson feels that it would be cheaper for the developer to investigate the
concerns now. Ms Calhon stated she would be happy to meet with or without her client and
a representative from the Council to work through a plan that everybody would feel comfortable.
Rosemary Cambra of Pleasanton, Chairwoman of Mowecma, a federally recognized Indian tribe,
is a direct descendent of the local Indian residents of the area. Her tribe belives that remains
and artifacts of her people are misunderstood and disrespected by non Indians, and that these
artifacts should remain undisturbed. She is willing to assist the developer in reburial only, if the
develper requests her assistance.
8
August 7, 1989
Los Gatos, CA
FORRESTER ROAD 206/REVOCABLE ENCROACHMENT/FENCE PERMIT/RESOLUTION 1989-133
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-133, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE ON THE
PUBLIC RIGHT-OF-WAY ALONG FORRESTER ROAD which issues permit to Doug and Diana
Chan for an existing fence along the frontage of 206 Forrester Road. Carried
by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
LARK AVE 16650/101 & 105 GARDEN HILL DRIVE/NOTICE OF COMPLETION
Motion by Mr. Hmailton, seconded by Mr. Ventura, that Council authorize the
Mayor to execute, and the Town Clerk to record, a Notice of Completion and
Certificate of Acceptance for the public improvement work located at 16650
Lark Avenue. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin
absent.
RACKETEERING ALLEGATIONS/SANTA CLARA COUNTY TRANSIT DISTRICT/REPORT
Council approved report from Town Attorney recommending Council not take
action on this matter at this time. Racketeering is a violation of Federal
Statutory Law. The U.S. Attorney, Criminal Division, is the proper agency to
review this complaint of alleged racketeering. The Town of Los Gatos has no
jurisdiction over this matter. As such, Mr. O'Shea, complainant, should
pursue this matter through other appropriate channels.
DEER CONTROL/OAK HILL WAY 15/MEYER
Council accepted informational report on deer problem in residential
neighborhoods. Mr. Bill Meyer spoke on the issue during verbal
communications, asking that Council take a more active part in the
erradication of this problem. Council asked that a request be forwarded to
Fish and Game to reconsider the problem.
CLAIM REJECTION/ESCOVER
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council reject the claim
of Timothy Escover filed with the Town Clerk on July 13, 1989. Carried by a
vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
CURBSIDE RECYCLING/GREEN VALLEY DISPOSAL/OCTOBER 16, 1989/PUBLIC HEARING
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council direct staff to
negotiate a contract with Green Valley Disposal Company for provision of
curbside recycling services, and direct Town Clerk to schedule a Public
Hearing for October 16, 1989 to consider award of contract for curbside
recycling and consideration of amendment to garbage collection rates. Carried
by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
3
August 7, 1989
Los Gatos, CA
GREEN VALLEY/UNLIMITED SERVICE/OCTOBER 16, 1989/PUBLIC HEARING
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council consider the
request for unlimited service by directing Town Clerk to schedule a Public
Hearing on October 16, 1989 to consider unlimited service and curbside
recycling as amendments to Green Valley Disposal Rates. Carried by a vote of
3 ayes. Mr. Carlson and Mayor Benjamin absent.
NEIGHBORHOOD CENTER/POLICIES & PROCEDURES/RESOLUTION 1989-134
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt the
Resolution 1989-134, entitled RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING
POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER.
Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
SERVICE COMMENDATION/ELIZABETH HERLINGER/RESOLUTION 1989-135
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-135, entitled A RESOLUTION COMMENDING ELIZABETH HERLINGER FOR FOURTEEN
YEARS OF VOLUNTEER SERVICE AT THE LOS GATOS MEMORIAL LIBRARY. Carried by a
vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
SERVICE COMMENDATION/JOHN SMART/RESOLUTION 1989-136
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-136, entitled A RESOLUTION COMMENDING JOHN SMART FOR TWENTY-NINE YEARS OF
SERVICE TO THE LOS GATOS MEMORIAL LIBRARY. Carried by a vote of 3 ayes. Mr.
Carlson and Mayor Benjamin absent.
CABLE TELEVISION/FRANCHISE/HEARST CABLEVISION-BRENMORE CABLE/RESOLUTION 1989-137
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-137, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO SIGN A CONTRACT WITH HAMMETT & EDISON TO CONDUCT A TECHNICAL AUDIT
OF THE TOWN'S CABLE TELEVISION CONTRACT FOR CONSIDERATION OF A TRANSFER OF THE
CABLE FRANCHISE FROM HEARST CABLE TELEVISION TO BRENMORE, INCORPORATED.
Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
KIMBLE AVE 49/OW: ALLEN/DENY APPEAL OF PC APPROVAL/RESOLUTION ADOPTION
Motion by Mr. Hamilton, seconded by Mr. Ventura, that this item be continued
to August 21, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor
Benjamin absent.
4
March 20, 1989
Los Gatos, California
CURBSIDE RECYCLING/REQUEST FOR PROPOSALS
Mr. Carlson moved that Council approve distribution of the attached request for
proposals for a curbside recycling program to be implemented in the four city
West Valley region. Mr. Hamilton seconded. Carried unanimously.
CARLTON AVENUE/PARKING PROHIBITION
Mr. Carlson moved that the Town Council deny the request for a 2 hour parking
limitation at 400 Carlton Avenue, and direct staff to write courtesy letters to
the professionals in Los Robles Medical Center and Los Gatos Surgical Center
asking their employees not to park in front of 400 Carlton Avenue. Mr. Hamilton
seconded. Carried unanimously.
TRAFFIC ENGINEERING CONSULTANTS
Informational report suggesting utilization of traffic engineer consultant list
for Engineering Dept.
CLAIM REJECTION/LEWIS & TIBBITTS
Mr. Carlson moved that Council reject the claim of Lewis & Tibbitts, Inc. filed
with the Town Clerk on February 13, 1989. Mr. Hamilton seconded. Carried
unanimously.
COMMENDING TOWN EMPLOYEES/YEARS OF SERVICE/RESOLUTIONS 1989-36, 37, 38, 39, 40
Mr. Carlson moved that Council adopt the accompanying resolutions as follows:
Resolution 1989-36, entitled A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING
ROBERT C. SCHUSTER FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS
Resolution 1989-37, entitled A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING
GORDON BOWERS FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS
Resolution 1989-38, entitled A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING
LYDIA M. MUZECK FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS
Resolution 1989-39, entitled A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING
JOHN ANTE FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS
Resolution 1989-40, entitled A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING
TIMOTHY BURNS FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS
Mr. Hamilton seconded. Carried unanimously.
15894 WINCHESTER BLVD./SECONDARY UNIT/"0" ZONE/ELEANOR MATTIUZ/RESOLUTION 1989-41
Mr. Carlson moved the adoption of Resolution 1989-41, entitled RESOLUTION OF
- 3 -
February 5, 1990
Los Gatos, California
INFORMATION SYSTEMS/PEAT MARWICK/CONTRACT/CONSULTING SERVICE
Motion by Mr. Carlson, seconded by Mr. Ventura, to readdress this issue keeping in mind the
following concerns: 1) Focus the study on open systems. 2) Try to build an integrated network
across a variety of departments with open systems. 3) In order to keep from becoming vendor
dependent, study open systems where there is more than one vendor who can sell both the
hardware and the software for the basic product. 4) Phase One should delineate specifically
the set of applications, by name, that the Town will choose from. 5) Re -specify phase one in
the areas of open systems and applications and see what the return bid will be. $85,000 is too
high. Constrain that amount, and see what open systems are available, formulating an integrated
plan by specifying the applications that are going to be needed and how they are going to work
together. Carried unanimously.
WASTE DISPOSAL/TOWN CODE AMENDMENT/CHAPTER 14/ORDINANCE INTRODUCTION
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to reconsider the ($.82) eighty-two cent
fee; the goal being to encourage people to recycle, not cause a disincentive for the program;
and Monte Sereno is at this time picking up the cost of this service which raises questions as to
how our community is handling it. Mr. Ferrito supported the motion restating previously
addressed concerns such as the people who recycle should be able to obtain lower rates for their
efforts making recycling free and charging more for additional cans of trash put out. That the
overall rate structure should be addressed at one time. Request was made of staff to clarify the
situation in a report and the $.82 will be reconsidered during the disposal rate hearings March
5, 1990. Carried unanimously.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive the reading of the draft
Ordinance. Carried unanimously. The Town Clerk read the title of the Ordinance.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE TOWN
CODE RELATING TO REGULATING RECYCLABLE MATERIALS Carried unanimously.
COUNCIL CALENDAR OF MEETINGS
Council rescheduled joint meeting with Planning Commission for March 12, 1990 and the joint
meeting with Arts and Museum Commissions for March 26, 1990. Council approved.
BRENMORE ASSOCIATES/CABLEVISION RATES/PUBLIC HEARING
Mayor Ferrito requested that a public hearing be set for February 20, 1990 to consider the rate
increases which have been proposed by the company. Council approved.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT
Mr. Ventura asked for consideration of item 21 on page 4 of the staff report concerning Wooded
View Dr. 4 lot subdivision, asking that the same guidelines be used for this development as those
included in the recent Blossom Hill Hillside study area. After clarification by staff, report was
received and filed for information.
TC:D1:MM020590
8