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HomeMy WebLinkAbout12/09/1994`. Minutes of a Special Meeting December 9, 1994 Town of Los Altos Hills City Council Meeting Friday, December 9,1994,3:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Special Meeting of the City Council to order at 5:00 p.m. in the Council Chambers at Town Hall. Present: Mavor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent: None Staff: City Clerk Pat Dowd 2. CLOSED SESSION: GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Council returned to open session to report, if necessary, on any action taken. 3. PRESENTATIONS FROM THE FLOOR 4. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 5:00 p.m. Respectfully submitted, 00—* Patricia Dowd City Clerk The minutes of the December 9, 1994 Special City Council Meeting were approved at the January 18, 1995 Regular City Council Meeting. December 9, 1994 Minutes of a Special Meeting December 14, 1994 Town of Los Altos Hills City Council Meeting Wednesday, December 14,1994,5:00 P.M. Council Chambers 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Special Meeting of the City Council to order at 5:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent None Staff: City Clerk Pat Dowd 2. CLOSED SESSION: GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Council returned to open session to report, if necessary, on any action taken. PASSED BY CONSENSUS: To authorize the Mayor to enter into negotiations with Jeff Peterson for the City Manager position. 3. PRESENTATIONS FROM THE FLOOR 4. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 7:00 p.m. Respectfully submitted, O� 7 Patricia Dowd City Clerk The minutes of the December 14, 1994 Special City Council Meeting were approved at the January 18, 1995 Regular City Council Meeting. December 14, 1994 Minutes of a Special Meeting r' December 19, 1994 TOWN OF LOS ALTOS HILLS CITY COUNCIL SPECIAL MEETING Monday, December 19, 1994, 6.00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Dauber called the Special Meeting of the City Council to order at 6.04 p.m. in the Council Chambers at Town Hall. Present_ Mayor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent: None Staff Acting City Manager Jeff Peterson, Tom Murtha, City Attorney's Office and Consultant Karen Jost Press: Jan Shaw, Los Altos Town Crier Mayor Dauber announced the City Council appointment of Jeff Peterson, Director of Public Works to the position of City Manager. 2. PUBLIC HEARING 2. I Approval of amended and restated solid waste and recyclables collection franchise agreement -- Resolution # ; Proposed increase in rates to be charged for solid waste services -- Resolution # ; and Adoption of settlement agreement between the Town and Los Altos Garbage Company -- Resolution # Mayor Dauber gave a brief synopsis of why the present garbage rates need to be adjusted at this time. She noted that two years ago the Town raised rates substantially to help offset a debt that had accumulated, primarily due to the unexpected high cost of the yard waste program. The rate change also recovered the legitimate costs of LAGCO. The increase spread the Town's fixed costs between charges for debris boxes and regular garbage can users. At that time, it was agreed that there would be a rate review in 18 months. Following the review, it was determined that income has been lost by LAGCO and the Town is obligated by contract to repay it. Primary factors that lead to the loss were: garbage can attrition by 10% but increased tonnage (income down but costs up), and lower than expected debris box rental due to the downturn in building. In addition to the existing accumulated debt, current rates do not cover the present cost of operation by %W approximately 18°%a Councilmember Hubbard asked LAGCO to address a question regarding the lease expenses that were detailed in the report by Hilton, Farnkopf & Hobson reviewing local garbage rates- Tony Rimae, LAGCO Controller, responded that the report did not reflect the interest component of the transaction. He added that LAGCO will be responsible for doing a market rate comparability study for reasonableness of "in-house" lease charges every three years. Tom Murtha, City Attorney's office, noted that there was a provision within the revised franchise agreement that calls for this review. Councilmember Siegel asked Jon Angin, general manager -Los Altos Garbage Company, to comment on the request that was to be included in the settlement agreement for LAGCO to provide the Town with a study of alternative methods for cost allocation between jurisdictions. Angin said that it had not been included in the agreement but would be stated in a separate commitment letter and he agreed to a March 1, 1995 deadline for the report to be completed and presented to the Town. Mayor Dauber invited the public to speak, noting that the Council would be voting on several issues at this meeting includingamendments to the franchise agreement, a new rate schedule and a settlement agreement regarding the revenue adjustment owed to `r LAGCO Betsy Bertram, 11854 Page Mill Road, suggested to Council she would like to see a citizen committee formed to review garbage rates and services within the communities commonly served by LAGCO. She questioned Council on the payment method of the accumulated debt --adding that there might be a more economical way than a rate increase. Betram added that she was perplexed by the amount of building that has occurred in Los Altos Hills and the debris box rental income being less than projected. Mark Jensen, 26225 Purissima Road, commented that he represented the faction of residents who were non -garbage users and are now required to pay the base rate. He added that most have requested exemption from the garbage service but that the recycling charges are mandatory. He requested that the exemption be continued. Jensen also suggested that the Town should look at the possibility of an inverted rate structure_ Harriett O'Neill, 10440 Albertsworth Lane, noted that she was exempt from garbage can service and hoped that the exemption would be continued under the new rates. Scott Overstreet, 23200 Encinal Court, informed the Council that he has not used garbage service for over 10 years and is presently paying the base rate. He does participate in the quarterly clean-up. Overstreet added that he feels residents should pay for garbage costs because it is a valuable service to the Town. He would like to see the rates for two and December 19, 1994 Special City Council Meeting three cans be substantially larger that the single can rate to encourage a reduction in waste %W tonnage. Scott Macomber, 25980 Vinedo Lane, suggested to Council that they consider the possibility of renegotiating the debris box revenues in the future and include risk sharing with LAGCO. Macomber added that he is in favor of an inverted rate. Polly Savoie, 11640 Buena Vista Drive, commented that she would like to see a reduction in garbage for environmental reasons, adding that dump sites are quickly being filled. She feels inverted rates could be an encouragement to residents to reduce the land fill. She would like to see recycling be comprehensive. Mayor Dauber thanked the public for their comments. She noted that all residents who are presently exempted from garbage service will retain their exemptions. Murtha reviewed for Council the amended and restated solid waste and recyclables collection franchise agreement. Council had before them a copy of the agreement and Murtha noted the changes. Dauber questioned whether the Town relinquishes its right to negotiate future changes in the Exhibits by approving the amendments to the agreement. Murtha explained the Town would have the same rights after approval of the amendments. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously to adopt Resolution #89-94 approving and authorizing execution of the amended and restated solid waste and recyclables collection franchise agreement between the Town of Los Altos Hills and Los Altos Garbage Company. Mayor Dauber opened the Council discussion of the settlement agreement between the Town and Los Altos Garbage Company. She questioned Jon Angin on her request to add additional language to the agreement allowing for an adjustment to be made after the first few months regarding the anticipated attrition rate for the 1996 rate year. Angin commented that he had reviewed the verbiage but felt uncomfortable in making any changes in the agreement at this time. Dauber explained that the Council had two options regarding the settlement agreement_ To accept the agreement they had before them with the projected attrition rate of 50% in the first nine months and the assumption of 15 % attrition in the second year or for Council to decline the agreement and proceed with the procedure outlined in the franchise agreement regarding rate structure. if Council were to approve the settlement agreement, Dauber stated she felt it was important that Council adopt the rate structure that would produce the most attrition and outlined her support for Schedule 1 on Page 3 of the rate increase document. She added that this option is fully inverted creating the smallest increase for the 1 can user. December 19, 1994 Special City Council Meeting `� Council discussion ensued. Various rate options were considered Councilmember Hubbard felt the impact on multi -can users would be too severe with a fully inverted rate and the increase would unfairly penalize large families. He added that even with attrition in the past, the collected waste tonnage was still up. Hubbard felt an inversion rate of 50% would be more acceptable with a 2/3 increase reflected in the first year rates and 113 in the second. Councilmember Casey felt the impact on the one can user should be considered, noting that they have no alternative to garbage service- She added that in future negotiations, she would like to review possible tier options of service. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed by the following roll call vote that rate schedule #1-P3, a fully inverted rate, as shown in the Los Altos Garbage Co. / Town of Los Altos Hills FY 1994-95 rate application packet be adopted. (Resolution 990 -94 --Resolution of the City Council Setting Rates for Solid Waste and Recyclables Collection Service) AYES. Mayor Dauber and Councilmembers Casey, Johnson and Siegel NOES Councilmember Hubbard ABSENT. None ABSTAIN: None Due to a prior commitment, Councilmember Hubbard left the meeting at 8:30 p.m. Mayor Dauber requested a clarification of language in the settlement agreement regarding franchise fees and the payment of the accumulated debt. Murtha explained that paragraph #7 of the draft agreement dated December 19, 1994, 'Partial Waiver of Franchise Agreement", addresses that question. He added that the rate schedule that Council adopts directs the language of the settlement agreement. PASSED BY CONSENSUS. To amend the language of the approved rate schedule to be attached to the settlement agreement to reflect the following -- Since only a portion of the total costs are costs that will vary with an increase in the cost of living, the rates for the twelve (12) month period will be adjusted by a percentage of the cost of living increase as determined pursuant to Section 4 of the Settlement Agreement. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by those members present to adopt Resolution #91-94 approving and authorizing the settlement agreement between the Town and Los Altos Garbage with the inclusion of the amended rate schedule. December 19, 1994 Special City Council Meeting V 3. PRESENTATIONS FROM THE: FLOOR 4. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 8.45 p.m. Respectfully submitt d, Karen Jost The minutes of the December 19, 1994 Special City Council Meeting were approved at the February 1, 1995 Regular City Council Meeting. December 19, 1991 Special City Council Meeting