HomeMy WebLinkAbout09/27/1993Minutes of a Special Meeting
%W September 27, 1993
TOWN OF LOS ALTOS HILLS
CITY COUNCIL SPECIAL MEETING
Monday, September 27, 1993
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER AND ROLL CALL
Mayor Bob Johnson called the Special Meeting of the City Council to order at 1:05 p.m.
in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Dauber, Siegel and Tryon
Absent Councilmember Hubbard
Staff. City Manager Les Jones, 11, City Attorney Sandy Sloan, Tom Murtha, City
Attorney's Office and Consultant Karen Jost
Press: None
2. EXTENSION OF MEMORANDUM OF UNDERSTANDING WITH LOS ALTOS
GARBAGE COMPANY
Mayor Johnson explained the necessity of the extension to the MOU which expires
September 30, 1993. He noted that outstanding issues which have yet to be resolved
included: the term of the agreement; monthly reports of citizen complaints; and the
reporting formats.
Councilmember Siegel added that the latest draft document before the Council dated
September 15, 1993 was incomplete and did not contain the full range of exhibits.
Without this documentation, the Franchise Agreement could not be approved and the
extension to the MOU would be necessary.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and
passed unanimously by all members present to adopt Resolution k 63-93 extending the
Memorandum of Understanding with the Los Altos Garbage Company.
3. CONSIDERATION OF SOLID WASTE AND RECYCLABLES COLLECTION
FRANCHISE AGREEMENT WITH LOS ALTOS GARBAGE COMPANY
Tom Murtha updated the Council on the negotiations with LAGCO. He explained the
outstanding issues at this time included the term of the agreement and the process of
reporting complaints. Regarding the term of the Agreement, the Town is requesting an
initial term of 5 years with a 4 year extension option. This lapse would enable the Town
to coordinate with the City of Los Altos on a new agreement. LAGCO is requesting a 10
year term as a minimum. Concerning the complaint log, the City Manager and City
Attorney are requesting monthly logs of citizen's complaints be provided to the Town.
They feel that with the limited Town staff it would be a hardship to research the list on a
monthly basis at LAGCO's offices. An additional issue yet to be resolved is a request by
the City Manager regarding the formatting of financial information from LAGCO to the
Town.
Todd Thompson, attorney for Los Altos Garbage Company, responded that the company
is willing to maintain the log at their offices and open it for review but feels that the log is
too inclusive and contains many daily calls that are not true complaints. He added that the
log could be misleading and is not a true reflection of service.
Mayor Johnson commented that he feels it is important for the Council to be able to judge
the level of the residents satisfaction of service from LAGCO.
Councilmember Tryon suggested that a survey of customers conducted by the Los Altos
Garbage Company regarding customer satisfaction would be a way of resolving this issue.
The company could sponsor an annual survey to determine customer satisfaction in lieu of
the monthly logs. Town staff would have input in the survey questionnaire. Records
would still be maintained at LAGCO offices and open to review by Town staff.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously by all members present to include in the Franchise Agreement
between Los Altos Hills and Los Altos Garbage Company a requirement that the
Franchisee sponsor and conduct an annual survey of its customers regarding service. The
Town will participate in the development of the survey. The Franchisee will still be
required to maintain a complaint log and make it available for review by the Town upon
request.
Councilmember Dauber added that she feels it is important that LAGCO be obligated to
communicate to the City Manager all major problems. She would like assurance that they
are committed to this.
Councilmember Siegel stated that he had several concerns with the Draft Franchise
Agreement before Council. He noted that the document called for a very specific rate
setting process and contemplates that it would be done every year but the language used
t4w does not mandate that it be done each year. He noted examples in the draft.
jnyN 1993
Regular City Council Meeting
Murtha acknowledged that the agreement does not specifically mandate an annual review
but that "Rate Year" means to be reviewed each year.
Siegel added that the annual rate review process is vital and is anxious for an audit to be
conducted next year to enable Council to go through the rate setting process with the
assistance of audited numbers .
Councilmember Siegel requested that the "Summary of Key Elements for Solid Waste
Services Effective March 1, 1993" be included in the Franchise Agreement exhibits. He
added that this would help to clarify the underling basis of the rate adopted at the
beginning of the 10 year Franchise period. Each year the Summary of Key Elements
should be updated by LAGCO.
Regarding the issue of the term of the Franchise Agreement, Siegel stated that the initial
term should be short with an extension that would coincide with the time frame of
LAGCO's Agreement with the City of Los Altos. This would enable the Town to analyze
the adjustment process with the rate formula. The City Attorney agreed that the formula
is untested and the Town needs to approach cautiously.
Tryon commented that the initial document should be a well crafted document that is
responsive to the needs of an independent small Town and would be viable for the full
4 term adding that working with other cities can create difficulties. Tryon added that she
\w felt it was most important that Council receive a Staff recommendation regarding the
Franchise Agreement.
Council discussion ensued. It was noted that the document references the Rate Year as
beginning October 1 and the actual date of the new rates was March 1, 1993. The first
Rate Year will be an 18 month period.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously by all members present to continue the issue of the term of the
Franchise Agreement to the Regular City Council Meeeting of October 6, 1993.
Following further Council discussion, Council requested the City Manager prepare a staff
report for the October 6, 1993 City Council Meeting that would address the following
issues: what management issues will need to be resolved regarding the initial Rate Year of
18 months--credits, deficits, estimated numbers, etc.; and how will the assumptions that
were used to establish the new rates be impacted by the extended time.
Mayor Johnson concluded that the Council had made substantial progress at the Special
Session--resolving the outstanding issue of the complaint log and giving clarification to the
issue of the term of the Agreement. He added that Council expected a complete Franchise
Agreement document with all exhibits for their next meeting and a Staff recommendation.
SiPT. x
My 2 , 1993
Regular City Council Meeting
$r 4. PRESENTATIONS FROM THE FLOOR
Councilmember Tryon noted that the canyon that fronts Robleda contains high weeds and
presents a serious fire potential. She requested that the Fire Marshall be informed.
Tryon added that Staff should be monitoring the produce business on Dori Lane and
Robleda to ensure that they are working within the guidelines of the City's Ordinances.
Tryon requested a staff report from the City Manager at the October 6, 1993 City Council
Meeting outlining the status of the the proposed telephone service.
5. ADJOURNMENT
There being no further new or old business to discuss, the meeting was adjourned
at 3:10 p.m.
Respectfully sub tted,
Karen Jost
The minutes of the September 27, 1993 Special City Council Meeting were approved at
the October 6, 1993 Regular City Council Meeting.
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%fy-n, 1993
Regular City Council Meeting