Minutes 1997/01/08
Special Meeting
January 8, 1997
Gilroy, California
Mayor Protempore Morales led the Pledge of Allegiance to the Flag.
Ro II Call
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Thomas W. Springer, and Pete Valdez, Jr.; Absent: Councilmembers:
Suellen C. Rowlison and Donald F. Gage. - 7 :05 p.m.
Posting
Agenda
The City Clerk noted that the Public Notice had been posted on December
13,1996 - 10:25 a.m.; and that the Agenda had been posted on January 7,1997-
12:10 p.m.
So.Valley
Disposal
The Mayor Protempore noted the meeting was scheduled to discuss
with South Valley Disposal & Recycling Inc. recycling plans and rate structuring.
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Mr. John Rice, General Manager of South Valley Disposal & Recycling
Inc. addressed the Council regarding the recycling plans proposed for the City,
noting the Citizens' Committee and Consultant selected who have studied the
proposal for the past one and one half years. He further gave a slide presentation
explaining the recycling plans proposed to address AB 939.
The Mayor Pro tempore asked if there was anyone in the audience wishing
to speak on the proposal.
The following addressed the Council:
Lance Sierra, 1160- 3rd Street, commending the presentation by the
General Manager, further noting unlimited recycling in San Jose and Los Banos
rates to be lower than those proposed for Gilroy.
Craig Gartman, 1284 Pheasant Drive, inquiring how the Company would
control the billing for residential uses of one, two or three cans. Requested
justification of rate increase when increase refuse disposed of would be reduced
and when the proposed program would begin.
Mr. Rice noted that the rates are proposed to increase because disposal will
decrease for garbage but unlimited yard waste will be provided. He further noted
unlimited service would provide no incentive for customers to recycle. He noted
the new proposal for recycling is expected to begin in March or April of 1997.
Royce Hayes, 8525 O'Toole Court, inquired if the 50% reduction proposed
is guaranteed and suggested penalties be charged the Refuse Company if their plan
does not meet the requirements of AB 939.
Discussion was had regarding a rate increase being subject to Proposition
218. Mr. Rice noted his legal counsel believes the cost for service does not apply
to Proposition 218.
AI Viarengo, 370 Arnold Drive noting his concern ofthe yard waste of tree
trimmings and whether they would be required to be placed in the yard waste bin
or cut into 4 feet lengths.
Darlene Silva, 652 Kings Place, noted that she is employed by a recycling
company for yard waste in San Jose and agrees with the proposal for Gilroy.
Ben Griffin, 6400 Hastings Place, asked if a different company contracted
for the yard waste, would the City's garbage charges remain the same.
AI Gagliardi, 7850 Miller Avenue, noted that the recycled items in the
present recycling bins are often stolen and noted that pressure should be put on the
industry to recycle milk cartons and juice cans.
Discussion was had regarding contacting Assemblyman Frusetta to put
pressure on the industry regarding milk and juice cartons. The City Attorney
noted that sufficient volume must be shown on any particular article to be added to
the recycling pro grarn.
The Mayor Protempore asked if there was anyone further in the audience
wishllg to speak on the matter. There was no further comment from anyone in the
auciietic~'. The Mayor Protempore closed in-put from the public and Council
discussed the matter.
Councilman Gilroy suggested that there be less increase in residential rates
and that the'increase be placed upon the commercial rates.
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Councilman. Springer noted that there needs to be a change in the
packaging process; requested lower single can residential rate and requested
ll~ce that S.outh V.a~~efuse..& Disposal will participate in defense of any
litigation in regard to Proposition 218.
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Adjrnmt.
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Councilwoman Rogers thanked the citizens who participated in the
Citizen's Task Force Committee and suggested that the proposed rate structure be
implemented and determine if the community has enough incentive to participate in
the recycling plans proposed and review the rates and plan in a year.
Councilman Valdez commended John Rice, the General Manager for South
Valley Disposal for his presentation and Study Sessions with Council on their
proposal.
Motion was made by Councilman Valdez seconded by Councilwoman
Rogers that Staffbe directed to negotiate the proposed recycling proposal as
recommended with the condition that South Valley Disposal and Recycling join in
any litigation that may arise from Proposition #218. Discussion was had on the
motion.
Council suggested the City contact local legislators for better laws
regulating packaging requirements.
Councilman Gilroy requested that the motion be amended to provide a rate
structure with residential one can service at the current rate fmanced by an increase
to commercial rates for Council review.
Councilman Springer suggested that South Valley Disposal and Recycling
take the lead in establishing a Voluntary Pro gram by the local grocery stores to
reduce styrofoam packaging and/or include these containers in their recycling
program.
Motion was amended by Councilman Valdez seconded by Councilwoman
Rogers and carried that Staffbe directed to negotiate the Recycling Plans,
Franchise Extension and Rate Structuring with South Valley Disposal and
Recycling, Inc., conditioned upon South Valley Disposal and Recycling, Inc.
agreeing to join in defense of the City if any litigation arises because of the new
refuse and recycling rates, and with a request that they prepare a rate structure
with residential one can service at the curtent rate financed by an increase to
commercial rates to be presented for Council review together with their concept
III rate proposal.
At 9: 15 p.m. the Mayor Protempore adjourned the meeting.
:'" Respectfully submitted,
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