HomeMy WebLinkAbout05/20/1996( r.
Minutes of a Special Meeting
May 20,1996
Town of Los Altos Hills
City Council Meeting
Monday, May 20,1996,7:00 P.M.
Council Chambers. 26379 Fremont Road
1. CALL TO ORDER ROLL CALL. AND PLEDGE OF ALLEGIANCE
Mayor Siegel called the Special Meeting of the City Council to order at 7:05
p.m. in the Council Chambers at Town Hall.
Present: Mayor Siegel and Councilmembers Casey, Dauber,
Johnson and Hubbard
Absent: None
Staff: City Manager Jeff Peterson, City Attorney Sandy Sloan,
Public Works Manager Ed Taylor and City Clerk Pat
Dowd
Press: Clyde Noel, Los Altos Town Crier
2. SOLID WASTE ISSUES
A. Mandatory Collection
1. Should mandatory collection of garbage be repealed?
Council discussed the franchise agreement, the Town's ordinance on solid waste
and the option of eliminating mandatory collection of garbage. It was agreed that
most of the residents would continue with garbage service anyway so it would not
make much difference.
Jon Angin, Los Altos Garbage Company, commented that having no mandatory
collection of garbage could affect the rate structure but administratively it did not
matter if it was mandatory or not.
Betsy Bertram, 11854 Page Mill Road, asked if garbage could be picked up every other
week.
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Special City Council Meeting
The City Attorney noted that if garbage became a health issue (i.e. accumulating on
one's property) then it became a code enforcement issue. Council commented that
perhaps a streamlined process for such cases could be implemented thus avoiding
the lengthy code enforcement procedure.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and
passed unanimously to eliminate mandatory garbage service.
Council asked the City Attorney to prepare an ordinance, perhaps even an urgency
ordinance, reflecting this decision as soon as possible. A rate adjustment was
scheduled for October and it would be helpful to see if this decision affected the
rates.
2. Should mandatory baseline service be repealed?
Council noted that the baseline service cost had been in place since 1990 and, unlike
garbage service, had never been discretionary. This basic service included the four
clean up days, the yardwase center, household hazardous materials pickups,
recycling, and roadside and creekside cleanup.
Margaret Rands, Solid Waste Program Manager for Santa Clara County, noted that
in 1991 an agreement had been entered into including Los Altos Hills and other
cities to study the disposal of solid waste. A company had been hired to determine
the solid waste generated by each of the cities involved and projections for the
future. A disposal reporting system was also generated. Ms. Rands advised Council
to carefully review the adopted Household Hazardous Waste Element and Source
Reduction and Recycling Element before making any changes. AB939 requirements
were in place and the State could impose costly fines.
Jim Valenti, 25354 LaPena Lane, was not in support of the baseline service except for
the household hazardous waste program for which he would be willing to pay
separately.
Los Hogle, 2000 Old Page Mill Road, asked for clarification of the rates. She noted
that her home was 1/2 mile from the road and therefore she did not use the services
of the Los Altos Garbage Company. However she was a strong supporter of
recycling. Ms. Hogle supported the baseline service.
Betsy Bertram, 11854 Page Mill Road, supported mandatory recycling.
Dr. Howard Martin, 11666 Dawson, commended the Los Altos Garbage Company on
their clean, efficient services. However, he did note that Los Altos Hills paid higher
rates than other neighboring cities.
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Special City Council Meeting
Siegel stated that this was not a fair comparison as different dump sites were
involved which resulted in different rates. Hubbard also commented that Los Altos
Hills had no commercial base to help subsidize the residential.
Scott Overstreet, 23200 Encinal Court, did not support mandatory baseline service.
He did not use the yardwaste center and commented that the regulations for the
clean up days were so restricted it was not a worthwhile service. He did support
recycling and the household hazardous waste program and would be willing to pay
for the services he would use. Mr. Overstreet stated that if he were to use the clean
up days, he would strongly support keeping the Magdalenda and 280 location open.
Jon Angin, Los Altos Garbage Company, commented that they were looking for
another site for the County residents to use after one of the school sites closed. They
had considered making the Magdalena and 280 site open only to the County and
having the Town's residents in that area use Foothill College. However, after
further reflection and input, they decided to keep Magdalena and 280 open to Los
Altos Hills residents. In response to Mr. Overstreet's comments about the clean up
days, he noted that they should be accepting small scraps of wood which are clearly
not the debris from construction sites and he would work with the Town on the
issue of appliances being dropped off at the clean up locations.
Stephanie Munoz, 13460 Robleda Road, voiced her opposition to mandatory
baseline services. She believed this was a back door tax and simply raised revenue.
`, Ms. Munoz suggested an in lieu fee to pay for the household hazardous waste
program. She also believed a moral issue was involved in that people should be
responsible to recycle things to the less fortunate. Thus there was no need for clean
up days. Regarding the yard waste center, she believed those who used it should pay
for it.
Mark Jensen, 26225 Purissima, supported a lower baseline service such as $4 to $5,
with optional recycling and a small charge for use of the yardwaste center.
John Huang, Viscaino, stated that he had come to the United States twenty four
years ago from a very poor background where recycling was a way of life because
everything was used. While still a strong supporter of recycling, he questioned the
rationale of charging the owners of empty lots a baseline service. He was looking for
a fair and logical approach and supported optional services.
Donna Prudence, 13452 South Fork, stated that she did not use the services of the
Los Altos Garbage Company, handled her own recycling and thought the baseline
was too high. She believed there must be a fair resolution to the issue.
Dauber referred to the baseline charge and noted that there was no other funding
available to pay the administrative costs of complying with AB939 regulations and
the State had definitely mandated that the Town do something. She did not want to
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Special City Council Meeting
have to pay the fines when and if the Town did not comply with AB939. Hubbard
supported the baseline charge noting that everyone benefitted from these services.
They helped make the Town a cleaner one and like sewer and police service, while
not always used, they were available. He also believed it created incentives toward
meeting mandated goals. Casey supported optional not mandatory baseline charges.
She further believed the Town should let the Sacramento legislature know what it
was doing in this area. Casey was opposed to the yardwaste center, commenting that
it was not only being abused but was used by very few of the residents. Concerning
recycling, she did not believed this would change much as the majority of residents
recycled anyway. Siegel stated he would like to move toward residential yardwaste
service but for now supported curbside service. He was concerned about how
changing the baseline charge would affect rates and believed the baseline charge
provided essential services whether the residents used them or not.
Jon Angin, Los Altos Garbage Company, noted that it had been about three years
since the agreement had been signed. He recommended making no changes to the
baseline charge at this time and allowing him to work with the Town staff on a
restructured program involving the baseline charges.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed by the following roll call vote to continue with mandatory baseline service.
AYES: Mayor Siegel and Councilmembers Dauber and Hubbard
NOES: Councilmembers Casey and Johnson
B. Delinquent Bill Collection
1. Should the Town undertake the lien procedure to collect
delinquent accounts?
Dauber supported proceeding with the lien procedure. This process applied to all
residents and for those who objected there was a public hearing process which could
result in changes being made to the charges.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and
passed by the following roll call vote to enforce the procedures in place regarding the
lien process within a reasonable period of time.
AYES: Mayor Siegel and Councilmembers Casey, Dauber and Hubbard
ABSTAIN: Councilmember Johnson
Johnson stated that he did not support such government intervention. Casey stated
that she voted affirmatively only because she understood that this process was part
of the contract with the Los Altos Garbage Company and it was not optional.
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Special City Council Meeting
C. Rate Related Issues
1. Should there be a 1/2 can rate and should it be subsidized?
Hubbard did not support this 1/2 can option. He believed there was too much
subsidization by larger families (using more cans) of smaller families ( using fewer
cans). Dauber strongly supported the implementation of the 1/2 can option. She
thought it was a psychological boost -- people could do better.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and
passed by the following roll call vote to direct staff to include a 1/2 can option in the
proposed rate structure.
AYES: Mayor Siegel and Councilmembers Casey, Dauber and Johnson
NOES: Mayor Pro Tem Hubbard
2. How is rate for service on private streets computed? Should
changes be made?
Jon Angin, Los Altos Garbage Company, noted that some driveways in Town could
only be serviced on foot and therefore required several trips. In addition not
everyone would let them on their private driveways. They were presently
following the procedures set forth in the franchise agreement.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously to request the Los Altos Garbage Company to correct the length
of driveway definition in their proposed rate structure, so that the length of the
driveway is charged only once despite the number of cans.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and
passed unanimously to state that Schedule D shall list the streets that the Los Altos
Garbage Company cannot drive on; if the street was not listed on Schedule D, the
measurement shall be from the edge of street (private or public) to where the can is
located.
3. Discussion of franchise fee policy
Kevin Cerutti, Los Altos Garbage Company, referred to the terms of the Settlement
Agreement and the franchise fee and clarified which monies were excluded from
the franchise fee.
Casey commented that she would like to see more information on the franchise fee.
Is it a tax? Is 10% the correct figure? What do we use the money for? What do
other cities do? Siegel asked if the fee was specifically used for street
improvements?
May 20, 1996
Special City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and
%W passed by the following roll call vote to retain the franchise fee policy.
AYES: Mayor Siegel and Councilmembers Dauber, Johnson and Hubbard
NOES: Councilmember Casey
4. Discussion of can attrition on rate projections - Schedule H
It was noted that the number of cans had not reduced as much as expected therefore
there was more revenue.
D. Yard Waste
1. Residential Yard Waste Collection - what are the prospects?
2. Should the user pay for the drop off center?
3. How do we implement changes?
Barbara Hall, representative from Ms. Rands' office, stated that it was not the
yardwaste that counted toward legislative requirements but rather how much was
disposed in the landfill.
�br Margaret Rands, Solid Waste Program Manager for Santa Clara County, stated that
without the yardwaste program, Los Altos Hills would never make its AB939 goals,
if the yardwaste went into the landfill. She further referred to a letter she had
distributed to Council on Town/County coordination on waste related services. She
noted that presently yard waste recycling services were not available to those in the
unincorporated area. Ms. Rands hoped the Council would consider opportunities to
work with the County on these solid waste issues, such as the development of a
joint yard waste drop-off or curbside collection program.
Johnson did not support a charge for the yardwaste center. Casey believed those
using the yardwaste center should pay for it and enforcement should be increased
for not putting yardwaste in the garbage cans. Dauber noted that the yardwaste costs
were a very small amount of the total contract cost. Dauber also did not believe that
yardwaste should be accepted on the clean up days, unless it was kept separate and
recycled.
Jon Angin, Los Altos Garbage Company, responded to Dauber's comments about the
yardwaste being accepted on clean up days. He stated that they actually encouraged
this as the safety of the yardwaste center was a concern. It was so crowded at the
yardwaste site on a regular basis and especially when little league was going on that
to add the increased number of people who only used the clean up days created a
serious traffic problem.
May 20, 1996
Special City Council Meeting
PASSED BY CONSENSUS: To keep the yardwaste program as it is in place.
E. Discussion of additional recycling items
Jon Angin, Los Altos Garbage Company, noted that presently there was no formal
program in place for the recycling of construction materials. He commented that
the recycling of mixed paper and corrugated cardboard was beginning in Los Altos
on June 3rd. He asked the Town for feedback on the issue of enhanced recycling.
On the subject of hours of operation, Mr. Angin stated that they would stay open
any hours the Town requested. Mr. Angin stated that if Council wished compost
could be made available at Westwind Barn and in about six months he would have
more information on debris box recycling.
In response to Mr. Angin's request, the City Council stated that they did want
additional recycling.
Margaret Rands, Solid Waste Program Manager for Santa Clara County, commented
that she had a handout on the recycling of construction materials which might be
useful in educating the public on this issue.
3. BUDGET STUDY SESSIONS
PASSED BY CONSENSUS: To cancel the previously scheduled June 4, 1996 Study
Session on the proposed budget for FY 96-97.
4. PRESENTATIONS FROM THE FLOOR
Betsy Bertram, 11854 Page Mill Road, referred to her letter dated 5/16/96 on the
subject of her neighbor planning to asphalt Central Drive. Mrs. Bertram stated that
she was adamantly against this action and her neighbor had not contacted her about
his plans. She noted that the was planning to sell his property and a condition of
the sale was this work done on Central Drive. She referred to easements which
were in place on Central for Town pathways and on her property for Central Drive
itself. Mrs. Bertram requested legal opinions from the City Attorney on several
aspects of this issue and believed it may go to mediation. The City Attorney
commented that since Central Drive was a private road, it was a matter for the
owners of the road to resolve as long as the Town's paths were not negatively
impacted.
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Special City Council Meeting
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5. ADIOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:15 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the May 20, 1996 Special City Council Meering were approved
at the June 5, 1996 Regular City Council Meeting.
May 20, 1996
Special City Council Meeting