Loading...
HomeMy WebLinkAbout05/06/1998Minutes of a Regular Meeting May 6, 1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, May 6, 1998, 6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp, Finance Director Carol Williams and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS �hr 2.1 Appointment to Community Relations Committee 7 Barbara Lamparter, 12864 Viscaino Road, commented that she had lived in Town for ten years and had enjoyed serving on the Community Relations Committee recently as an associate member. She thought this committee was a good way to increase communication in the Town and also a good way for neighbors to meet each other. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to appoint Barbara Lamparter to the Community Relations Committee for a two- year term. 3. PLANNING COMMISSION REPORT The Planning Director reported on the following items discussed at the 4/22/98 Planning Commission Meeting: Lands of Harari, 12580 Miraloma Way: approved request for a site development permit for a new 6,160 square foot two story residence with a maximum height of 26 feet and a sport court; and Lands of Huang, 27760 Sherlock Road: approved request for a site development permit for a single story (19 feet in height) addition and remodel, with 579 square feet of new floor area; and a variance to exceed the maximum development area and maximum floor area, locate the garage in the setback, locate required parking in the setback and grade within ten feet of the property line. The following two applications were continued to the May 13' meeting at the request of the applicants: Lands of Wong, 14470 DeBell Road - request for a site development permit and Lands of Hill & Chambers, 12051 & 12101 Stonebrook Drive - request for a lot line adjustment. May 6, 1998 Regular City Council Meeting �Aw 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber), 4.2 (Dauber), 4.5 (Casey) and 4.6 (Casey) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.3 Awarded Certificate of Appreciation: Judy Marcus, Joint Volunteer Awards Committee 4.4 Approved grant of Storm Drain Easement, Lands of Silvestri, 13935 La Paloma Road — Reso #26-98 Items Removed: 4.1 Approval of Minutes: April 15, 1998 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to approve the minutes of the April 15, 1998 City Council Meeting with the following corrections: page 4, item 6.2, third paragraph, change the phrase "red -lining plans, rather than returning them to the designer" to "not requiring resubmittal of `red -lined' plans"; and page 7, item 9.4 change the reference to `Los Altos Garbage Company' to `Town'. AYES: Mayor Pro Tem Johnson and Councilmembers Hubbard, Johnson and Siegel NOES: None ABSTAIN: Mayor Casey (not present at 4/15/98 Council Meeting) 4.2 Approval of Warrants: $80,023.91 (4/30/98) Dauber asked about the warrants for both ABAG Power and PG&E and was advised by staff that not all of the accounts had been converted. She also referred to the rental cost for Astrojump and was notified this was for the Town Picnic and releases would be required. Siegel asked about the warrants indicated for the company that did landscape work at Town Hall and was advised that this company also did litter pick up on major streets in Town such as El Monte. In response to an inquiry from Dauber, the City Manager commented on the pathway performance bond process. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the warrants in the amount of $80,023.91 (4/30/98) 4.5 Approving and authorizing execution of a first amendment to agreement for legal services between the Town of Los Altos Hills and the law offices of Jorgenson, Siegel, McClure and Flegel, LLP — Reso # Casey removed this item from the consent calendar because she did not agree that the City Attorney's fee should be different for applicants and for the Town. The amount charged the Town was $160 and the amount charged applicants was $170. Council disagreed stating that the Town was charged less because of the volume of work that was done by the attorney's office for the Town. May 6, 1998 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to adopt Resolution #27-98 approving and authorizing execution of a first amendment to agreement for legal services between the Town of Los Altos Hills and the law offices of Jorgenson, Siegel, McClure and Flegel. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Casey 4.6 Rejection of Claim -- Robert Cruickshank Casey stated that she removed this item because she wanted to be sure Mr. Cruickshank had been notified of this meeting. The City Clerk responded that she had spoken with Mr. Cruickshank's attorney and also sent an agenda of the meeting. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to reject the claim filed by Mr. Robert Cruickshank. 5. UNFINISHED BUSINESS 5.1 Report on Fiscal Reserves Policy Jim Steiner, Chairman of the Finance Committee, noted that at the February 18, 1998 Council Meeting, the committee was directed to make certain changes to the fiscal reserve policy submitted in late 1997. As a result of that direction, the committee made the following revisions to the policy: Identified $750,OOOas the Town Hall Replacement Fund; Set the Pavement Management fund allocation constant at its original level of $500,000 per year for the entire ten year period; Set the pathways funding allocation at $75,000 for each of the ten years rather than reducing the allocation in the latter years; and Increased the Emergency Fund from $1,060,000 to $1,250,000. Mr. Steiner noted that this reserve policy would be implemented in the 1998-99 fiscal year and the committee recommended that the plan be reviewed every three years. He also noted that inflation factors could be discussed at budget hearings. Hubbard pointed out that the according to the Town's ABAG plan, the deductible was 10% of the amount of the claim not l0% of the amount of the policy value. Therefore, he noted, Attachment A of the reserves policy needed to be corrected. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to approve the Fiscal Reserves Policy Study Report dated May 6, 1998 as prepared by the Finance Committee with the correction to Attachment A concerning the ABAG deductible. 5.2 Amending the Town's employee benefit listing for fiscal year 1998-99 — Reso #_ The City Manager presented an overview of the the employee benefits package. In particular he addressed three new benefits: the increase in dental coverage from $500 per year to $800 per year; 2% at 55 retirement; and an employee assistance program. He explained that the dental coverage had not been increased in the last 20 years and most cities offered the 2% at 55 retirement program. The employee assistance program was a confidential referral service which included counseling services as well as crisis intervention, training and consultation. May 6, 1998 Regular City Council Meeting Siegel believed the benefits package should clearly state the details of their administration, in particular as they related to retirees. He also referred to the paid holidays and suggested keeping Town Hall open for July 4' and November 11" and allowing employees to take floating holidays for these two days. The City Manager pointed out that most public agencies were closed on July 4' and for either of these days it did not work effectively to keep Town Hall open with a skeleton crew. Siegel also inquired about the health benefits for retirees and the Finance Director reported that both active employees and retirees received the same health benefits according to PERS regulations. Siegel addressed the issue of compensatory time and believed the allowed accumulation of 240 hours of comp time was too high and it should be reduced to 40. The City Manager commented that 240 hours was determined to be an appropriate average amount of time to be allowed on the books. He also noted that all time off had to be approved by an employee's supervisor and it was important to see that employees took time off rather than all cash payouts to avoid `burn out'. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to approve the 2% at 55 plan and to direct staff to proceed with the implementation of this plan and to continue the employee benefits package to the next meeting to allow staff the opportunity to include in the package the administration of the benefits with particular emphasis on how they were administered to retirees. 5.3 Traffic Signal Operations and Maintenance Costs MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to accept the Public Works Manager's report on traffic signal operations and maintenance costs dated 5/6/98 and to thank him for his complete report on this issue. 6. NEW BUSINESS 6.1 Recommendation to enter into an agreement with Zanker Road Resource Management, LTD for disposal of yard waste — Reso # The City Manager gave an overview of his staff report on the proposed five year contract with Zanker Road Resource Management. Staff supported entering into this contract for the following reasons: The tipping fee paid by the Town for yard waste delivered by the Los Altos Garbage Company was reduced by approximately 14% over what was being paid without an agreement; The tipping fee over the next five years would increase at a rate tied to the CPI (consumer price index); A high grade compost would be available in limited quantities to Town residents at no additional charge; and Residents who have the need to dispose of large loads of yard waste may do so at no additional charge to them above and beyond their cost of hauling. Michael Gross, representing Zanker Road Resource Management, referred to the proposed contract and explained the rate schedule before Council. He commented on the process of separating loads and the obligation on their part to adhere to the many requirements and regulations pertaining to landfill. In response to an inquiry from Johnson about palm fronds, Mr. Gross explained their equipment and stated if the fronds were under 12" they could be accepted. Mr. Gross further commented on the billing procedure and the return of receipts of users with the bills. In response to an inquiry from Dauber, the City Manager noted that the contract would the clarified to include trees and stumps. Siegel cautioned against residents being able to drop off construction materials. The City Manager stated that because of abuses at the yardwaste center May 6, 1998 Regular City Council Meeting on Purissima, the rules would be strictly enforced. Residents dropping off loads will need to show a driver's license and this will be checked against a list from the Los Altos Garbage Company. Landscapers will be able to drop off loads only if the Los Altos Hills resident is with them. Siegel raised the issue of compost and when and where it would be delivered. The City Manager commented that it may be at more than one location but this was still under discussion. Besides Westwind Barn where it had been delivered before, the site at Purissima and Elena was being discussed. Dauber stated that a notice to residents should go out about this program at Zanker Road and a map to Zanker should be included. In addition, she recommended that residents be told that they would be charged for contaminated loads. In addition it was agreed that the contract should be amended to include a clause of right to review and amend the contract annually. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to continue this item to the consent calendar at the next meeting and to direct the City Attorney to add the following to the agreement: add clause of right to review and amend contract annually and limit contract to clean loads. 6.2 Recommendation for consent to amend the bylaws and articles of incorporation of Friends of Westwind, Inc. — Reso # This item has been continued at the request of Friends of Westwind. 6.3 Selection of date for Planning Commission Interviews PASSED BY CONSENSUS: To schedule Planning Commission interviews for the June 17, �w 1998 City Council Meeting. 7. REPORTS FROM COMMITTEES SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Santa Clara County Cities Association Johnson reported that the legislative task force of the Cities Association would be advising the State that they were against the proposed repeal of the Motor Vehicle Tax (AB 1776). They believed this had a major negative impact on local governments. Johnson commented that this tax amounted to 10% of the Town's operating budget and he would advise the Cities Association that Los Altos Hills opposed this bill unless replacement income was put in place. Casey stated she wanted to see the bill before making such a statement and it was agreed to agendize this issue for the May 20" Council Meeting. 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Solid Waste Issues The City Manager reported that there had been some confusion concerning the location for yardwaste pickups at Foothill College but he was now working with their special events coordinator and puking lot C would be used for the pickup days. Directional signs will be placed May 6, 1998 Regular City Council Meeting �Nlr. on the campus to help avoid confusion. The Los Altos Garbage Company will be sending out a new notice including the pickup days at the college as well as information on mixed paper pickup which should begin mid-May. A notice had been posted at the old yardwaste site on Purissima stating the location for cardboard pickup. 9. 1.2 Vidovich Subdivision The City Manager reported that construction had begun on the Vidovich Subdivision. 8.1.3 ABAG The City Manager reported that at the recent Board of Directors Meeting the increase in the liability cap from $7 million (7/98) to $10 million (6/2001) had been discussed. The effect on the Town this year was approximately $20,000. The Town was actually due about $45,000 back but in order for ABAG to build up their fund for the increased liability, this amount was being reduced by approximately half. 8.2 City Attorney The City Attorney stated that she had distributed her report on California Campaign Finance Law. The report included an overview of current campaign finance law. The report also noted that Proposition 208 was currently not in effect because a federal district court judge enjoined its enforcement. This decision was being appealed by the Fair Political Practices Commission but even if it was reinstated, Proposition 208 would not be effective during the 1998 election cycle. 8.3 City Clerk 8.3.1 Report on Council Correspondence Casey noted that a letter had been received from the Superintendent of the Los Altos School District requesting that Council appoint a representative to the District's Citizens' Advisory Committee for Finance. PASSED BY CONSENSUS: To appoint Councilmember Siegel to the Citizens' Advisory Committee for Finance. Council had received a letter from Mr. and Mrs. Carse requesting abandonment of the off-road pathway easement on their property. Mrs. Carse, 27125 Taaffe Road, referred to her letter in which she asked that the off-road pathway easement on their property be abandoned. She stated her support of on -road paths but was totally opposed to the off-road path on their property. She stated her concerns included the following: safety, liabilility, privacy redundancy and maintenance. She further stated that in order for them to build their home ten years ago, they were forced to give a pathway easement. It was a condition of approval for their project and they had no opportunity for public comment. Mrs. Carse believed the giving of paths should be voluntary and furthermore, the whole issue of pathways should be put to a public referendum as these were different times than when the Town was founded. May 6, 1998 Regular City Council Meeting The City Attorney had provided Council with an outline of procedure for vacation of pathway SAW easements. Before a municipality could vacate an easement, it must first be determined whether or not the easement was within an area for which a general plan had been adopted. Once the proposed vacation had been reviewed by the Planning Commission and it had been determined that the vacation did not conflict with the general plan, the City Council must then adopt a resolution of intent to vacate the easement. This resolution must be properly posted and published and a public hearing must be scheduled on the abandonment by the City Council. Siegel stated that the path on the Carse property was a connection but there was no path there now. However, the Town had an easement and had the right to put in the path. He believed input was needed from the Pathways Committee. He also noted that this request for abandonment, if granted, would not be the only request received by the Town and more information was needed on the entire issue. Hubbard stated that the Town's paths were a valuable asset of the Town. He did not agree with Mrs. Carse that there had been no opportunity for public comment. All site development permits required public hearings. Hubbard supported taking no action on this request for abandonment. Casey supported agendizing the Carse' request for abandonment. Dauber referred to the City Manager's comment that the Town planned to hire a consultant to work on the Master Path Plan and other projects since the Engineering Technician who would ordinarily be working on such projects was still recovering from a serious car accident. In view of the fact that the review of the Master Path Plan would take place and in view of the fact that the path on the Carse's property was not even in place, there did not seem to be an urgency to considering this abandonment request. MOTION SECONDED AND WITHDRAWN: Moved by Dauber, seconded by Siegel and withdrawn to send the letter from Mr. and Mrs. Carse requesting abandonment to the Pathways Committee for a report including a description of the path under discussion, what easements the ( Town had for that pathway and any other pertinent information plus a recommendation on the �r request. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed by the following roll call vote to take no action on the request for path easement abandonment by Mr. and Mrs. Carse. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Casey 9. COUNCIL -INITIATED ITEMS 9.1 Discussion on adoption of an anti -graffiti ordinance (Councilmember Hubbard) Hubbard referred to locations of graffiti in Town, specifically the Lohr subdivision and the retaining wall off 280. He recommended the Town adopt an anti -graffiti ordinance which would make the property owners responsible for removing graffiti from their property. Casey did not agree that owners should be responsible for vandalism to their property. She thought the Town should pay the costs. Siegel recommended that staff urge owners to voluntarily pay for the removal of gaffiti. He did not agree the Town should pay for its removal. PASSED BY CONSENSUS: To direct the City Attorney to provide a summary of options for Council review on the issue of graffiti removal. May 6, 1998 Regular City Council Meeting Sandra Humphries, member of the Environmental Design and Protection Committee, noted that a member of their committee had offered to paint one section of the walls under discussion and had contacted the property owner. The City Attorney stated that this authorization by the owner must be in writing. 9.2 Operational Review of the Building Department by the International Conference of Building Officials (Mayor Casey) Casey stated she brought this issue back on this agenda to allow public comment Shelley Doran, 14850 Manuella Road, noted that she worked with outside plan check firms and the time factor could be a real issue. Because of their increased liability, they tended to be much more fastidious and thus took much longer reviewing plans. In addition back checks were frequent and also added to the review time. Ms. Doran suggested the Town take on an outside plan checker to work for the Town as a contract employee. She believed this would give the Town better control, would reduce the plan check time and would save both the Town and applicants money. Bob Owen, The Owen Company, concurred with Ms. Dorm's comments. He too commented on the increased review time of using outside plan check firms and supported the Town hiring an outside plan checker as a contract employee. The Planning Director noted that he had started to collect names of individuals and firms that did plan check and references were being contacted. Because Town Hall was so small, it was going to be necessary to have a backup person available. He commented that perhaps the answer was to have a contract employee for plan check with a backup person available. 9.3 Discussion of Council policy to accommodate a Councilmember's request for an agendized item to be continued when a Councilmember must be absent from a meeting (Mayor Casey) Casey believed that if an item was not urgent and its continuance would not delay an applicant's project, it would be a matter of courtesy on the part of the Council to continue the item if this had been requested by a Councilmember. Council did not concur believing that good judgement should be followed and a general policy was not needed. 9.4 Internet (Councilmember Dauber) Dauber reported that a decision had been reached concerning access to pornography on the internet to filter the terminals in the childrens' sections of the library system 9.5 Northwest Flood Control District (Councilmember Dauber) Dauber reported that recommendations for next year's funding included: full funding for Reach 5. 9.6 Urban Service Area (Councilmember Siegel) Siegel reported that the Board of Supervisors had approved a moratorium on new construction in the Los Altos/Los Altos Hills urban service area. He asked the Planning Director to keep informed of this County action and the work they will be doing. May 6, 1998 Regular City Council Meeting 10. PRESENTATIONS FROM THE FLOOR Michael Schoendorf, 13145 Byrd Lane, suggested that Council send a letter commending his neighbor who recently saved a life in the Town. Mr. Schoendorf also raised the issue of the undergrounding of power lines in the Town and the general issue of enforcement of the Town's Code. He asked that this matter be agendized. Council concurred with this request. Ginger Summit, 13390 Lenox Way; Nancy Coupems (on behalf of the Metcalfs at 12933 Tripoli Court), Dot Schreiner, 14301 Saddle Mountain and Jean Struthers, 13690 Robleda each addressed the Council in support of the Town's off road pathway system. They stressed that Council had the responsibility to protect the Town's paths and submitted petitions with 300 signatures of Town residents who supported this view. Mrs. Summit pointed out the importance of paths both for safety reasons as well as social reasons. The paths provided a connection in the Town's circulation pattern and provided a recreational opportunity for those using the paths. 11. PUBLIC HEARINGS 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:45 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the May 6, 1998 City Council Meeting were approved at the May 20, 1998 City Council Meeting. May 6, 1998 Regular City Council Meeting