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HomeMy WebLinkAbout07/01/1998LM Minutes of a Regular Meeting July 1, 1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, July 1, 1998, 6:00 P.M. Council Chambers 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Johnson called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Johnson and Councilmembers Dauber, Hubbard and Siegel Absent: Councilmember Casey Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications were discussed at the 6/23/98 Planning Commission Meeting: Lands of Danver, 13474 Robleda Road: request for a Site Development Permit for a 279 square foot addition on the first floor, an 841 square foot addition on the second floor, a new carport, and remodel of an existing residence, with a maximum height of 22 feet, six inches - approved; Lands of Zatparvar, 25461 Fremont Road: request for a Site Development Permit for a one story 6,290 square foot residence, with a maximum height of 23 feet, a 1,000 square foot attached garage and a swimming pool - approved; and Lands of Yeh, 24055 Jabil Lane: request for a Site Development Permit for a new 5,335 square foot residence, with a maximum height of 27 feet, a gazebo and a swimming pool - continued. 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber), 4.4 (City Manager) and 4.5 (City Manager) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants and Disbursements Report: $389,115.60 (5/15/98-6/24/98) July 1, 1998 Regular City Council Meeting 4.3 Decided Not To Review the following Planning Commission Actions at its meeting on June 10, 1998: 4.3.1 Lands of Ruiner, 28500 Matadem Creek Lane: approved request for a Site Development Permit for a new two-story residence, second unit, cabana and pool, with a total floor area of 7,507 square feet, and a maximum height of 26 feet 4.3.2 Lands of Allison, 11030 Magdalena Avenue: approved request for a Site Development Permit for a new one-story 5,401 square foot residence with a 1,306 square foot attached garage and pool. 4.3.3 Lands of Hill, 13870 La Paloma Road: approved request for a Site Development Permit for a new 5,432 square foot residence and a 837 square foot attached garage with a maximum height of 23 feet. Items Removed: 4.1 Approval of Minutes: June 17, 1998 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to approve the minutes of the June 17, 1998 City Council Meeting with the following corrections: page 6, Item 8.2.1, add the following to the first motion: The City Attorney was also requested to contact the Santa Clara County Ethics Commission for information on their procedures; and on page 7, Item 9. 1, insert the word `street' before gutters. 4.4 Request for authorization to advertise the Town's La Paloma Drainage Basin Storm Drain Improvement Project, CIP 97-98 for competitive bids — Reso # The City Manager noted that this project involved three parties: the Town and two property owners. The channel was already being dug but there was a conflict with PG&E concerning an underground power line. He further noted that rock lining would be added to the contract as appropriate and all issues would be resolved to the Town's satisfaction. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to adopt Resolution #44-98 ordering the performance of certain work (La Paloma Drainage Basin Storm Drain Improvement Project) 4.5 Request for authorization to advertise the Town's Pavement Management and Storm Drain Improvement Project, CIP 97-98 for competitive bids— Reso # The City Manager reported that sewer lines located within the paved roadway on Esperanza Drive had been videotaped to assist in evaluating their condition. As a result of this work, it had been determined that the reconstruction of Esperanza would proceed. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to adopt Resolution #45-98 ordering the performance of certain work (Pavement Management and Storm Drain Improvement Project) 5. UNFINISHED BUSINESS 5.1 Introduction of Ordinance adding Chapter 8 (Graffiti) to Title 5 (Public Welfare, Morals and Conduct) of the Los Altos Hills Municipal Code regarding the abatement of graffiti (FIRST READING) July 1, 1998 Regular City Council Meeting The City Attorney introduced Todd Masters from Jorgenson, Siegel, McClure and Flegel and noted that he had assisted in the preparation of the agenda items on graffiti and campaign reform. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to introduce an Ordinance adding Chapter 8 (Graffiti) to Title 5 (Public Welfare, Morals and Conduct) of the Los Altos Hills Municipal Code regarding the abatement of graffiti 5.2 Campaign Regulations 5.2.1 Adopt Resolution regarding campaign guidelines for the 1998 City Council Election Council discussed campaign guidelines and adoption of an ordinance regarding the requirements for mass mailings in elections. The proposed ordinance on mass mailings would reduce the number of pieces in a mass mailing to 100 and would require the following identification: name, street address and city of the candidate or committee shown on the outside of each piece of mail and on at least one of the inserts. Council did not think that reducing the number from 200 to 100 would make a substantial difference. Dauber asked what a `committee' was and the City Attorney responded that basically it was when a candidate raised or spent over $1,000. Dauber questioned whether this could be reduced to $600 but the City Attorney did not believe this could `, be legally enforced. Dauber also suggested including in the ordinance a requirement that mailing houses identify mailings of over $500. The City Attorney noted that ordinances applied only to the jurisdiction of the Town and would therefore not be binding on mailing houses located in other cities. Siegel cautioned about the Town getting involved in election issues which were now addressed by the Fair Political Practices Commission. Siegel suggested contacting the League of Women Voters to see if they might want to review complaints made about election activities and to issue a statement of their findings. He believed they could deal with the issue of anonymous mailings by reviewing the mailing and determining if it had been sent without the candidate's approval. If so, they could publish this finding in the Town Crier. Council also discussed setting a voluntary limit of $5,000 for campaign expenditures and a $200 voluntary contribution limit per person or group for each candidate. After discussing these two options, Council decided not to include either of them in the campaign guidelines. Dot Schreiner, 14301 Saddle Mountain Drive, asked if the proposal to establish a voluntary ceiling on the maximum amount which could be contributed to each candidate of a maximum of $200 per person or group for each candidate included a candidate's own money. She was advised that it did not. Ralph Vetterlein, 26035 Todd Lane, presented the example of a candidate's party at someone's home and no expenses are reported. Hubbard asked how one would differentiate between parties and coffees but Dauber noted that coffees cost less than $100 and the invitations were usually done by the ` candidate. The City Attorney also commented that such expenses were under Fair �r Political Practices regulations. July 1, 1998 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to adopt Resolution #46-98 regarding campaign guidelines for the 1998 City Council Election to include the following: 1) Candidates in the 1998 City Council election will be requested to sign a Code of Ethics in addition to the State of California's Code of Fair Campaign Practices. The Town's Code of Ethics would include in part the following statement: I shall not use or agree to let third parties use subtle deceptions, half-truths, falsifications, or mailers that do not contain the name(s) and address of the sender(s). If such practices are used by third parties without my approval, I shall repudiate it immediately and publicly upon my knowledge of its occurrence. (This will also include the internet.); 2) Candidates in the 1998 City Council election will be requested to attend a meeting called by the City Clerk to review all voluntary and mandatory election rules. The City Attorney shall also attend this meeting.; 3) Candidates in the 1998 City Council election shall agree not to use the names of endorsers unless prior written authorization is received from the endorser; 4) An independent party shall be selected by the City Council to monitor and report on compliance with campaign guidelines particularly related to anonymous mailings and the use of names as endorsers. It was agreed that this independent party would only respond to filed complaints regarding a campaign issue and it was further agreed that Dauber would approach the League of Women Voters to see if they would be interested in providing such a service; and 5) Candidates for the 1998 City Council election will be requested to file their acceptance or rejection of the voluntary quidelines approved by the Council by signing the resolution. 5.2.2 Introduction of ordinance adding Article 3 (Term Limits) to Chapter 1 (City Council) to Title 2 (Administration) of the Los Altos Hills Municipal Code regarding City Council term limits MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to waive further reading of ordinance adding Article 3 (Term Limits) to Chapter 1 (City Council) to Title 2 (Administration) of the Los Altos Hills Municipal Code regarding City Council term limits. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed by the following roll call vote to introduce an ordinance adding Article 3 (term limits) to Chapter 1 (City Council) to Title 2 (Administration) of the Los Altos Hills Municipal Code regarding City Council term limits, with the correction in the first paragraph to read: "....City Council recognizes that some of the Town's citizens have expressed an interest ....". AYES: Mayor Johnson and Councilmembers Dauber and Hubbard NOES: Councilmember Siegel ABSENT: Councilmember Casey 5.2.3 Adopt Resolution ordering and calling a special municipal election to be held in the Town of Los Altos Hills on November 3, 1998; requesting the services of the Registrar of Voters; requesting consolidation of elections and providing for giving notice of the election July 1, 1998 Regular City Council Meeting L MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and `+ passed unanimously by all members present to adopt Resolution #47-98 ordering and calling a Special Municipal Election to be held in the Town of Los Altos Hills on November 3, 1998; requesting the services of the Registrar of Voters; requesting consolidation of elections and providing for giving Notice of the Election with the following correction to Item 4: first sentence should read: "Principal arguments on this term limit measure shall be submitted....". PASSED BY CONSENSUS: Council agreed that Councilmember Casey would write the argument in favor of the measure on term limits and Councilmember Siegel would write the argument against the measure. 5.2.4 Adopt Ordinance adding Chapter 7 (Campaign Disclosure) to Title 2 (Administration) of the Los Altos Hills Municipal Code regarding the requirements for mass mailing in elections PASSED BY CONSENSUS: To table this ordinance. 6. NEW BUSINESS 6.1 Introduction of ordinance amending Section 8-202 of the Municipal Code regarding underground utility installations (FIRST READING) The City Attorney noted that some questions had been raised by PG&E concerning this ordinance and she requested that this item be continued. PASSED BY CONSENSUS: To continue the introduction of an ordinance amending Section 8-202 regarding underground utility installations to a future Council Meeting. 6.2 Request for amendment of agreement with WSP Trucking Company for the repair of emergency access roads — Reso # Council had before them the recommendation from the Public Works Manager to approve an amendment to a current agreement with WSP Trucking for the repair of an additional ten emergency access roads. At the 6/17/98 meeting the City Council had approved an agreement with WSP Tracking to repair three emergency access roads. The report also noted that the cost for these ten roads would not exceed the remaining Fire District's authorized reimbursement to the Town of $40,410. Siegel requested the Public Works Manager to send a report to the Los Altos Hills County Fire District with a list of the roads being repaired and those not being done at this time. Dauber inquired why competitive bids were not obtained for this project. The Public Works Manager noted that only a couple of bids had been received for this repair project for emergency access roads. He further commented that WSP had done a good job on the first three roads. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously by all members present to adopt Resolution #48-98 amending an agreement with WSP Trucking, Co., Inc. for the repair and maintenance of up to ten emergency access roads at a cost not to exceed $40,410 based on the competency of the contractor, the reasonable bid price for the project and the fact that few bids had been received for this project. July 1, 1998 Regular City Council Meeting 6.3 Request for authorization to advertise the Town's Fremont Road Pathway Project CIP 97-98 for competitive bids — Reso # The City Manager reported that this project consisted of installing a new type 2B pathway along the easterly side of Fremont Road from Arastradero Road to Concepcion Road. The existing sections of pathway along the project site would also be rehabilitated and storm drain improvements would also be made. Some removal of vegetation and trees would be required as the property owners were not agreeable to giving the Town easements for this project. Staff expected this project to be completed by the end of September, 1998. Siegel referred to his June 18' memo on the subject of Fremont Road Paths. The General Plan Committee had been studying the Circulation Element and had identified Fremont Road as a heavily used road and one conducive to cut through traffic (Foothill Expressway to Arastradero) and speeding. One suggestion made by the committee regarding Fremont Road was for the Town "to impose design standards that restricted the width of the paved portion to a minimum consistent with safety in order to maintain the rural quality of the roadway". Siegel's suggestion was for the Town to limit the path on one side of Fremont to pedestrians and bicyclists and for the path to have an asphalt surface. The path on the opposite side would be a regular Town path designed for use by pedestrians and equestrians. The Town Engineer would recommend which side should be paved and as far as possible these paths would be separated from the paved car right of way. Betsy Bertram, member - Pathways Committee, commented on the paths in Town and the issue of liability. She noted that it did not say in the Town's Code that the Town accepted liability for the paths and she believed it should be included. She further stated that she would like to have public hearings on path projects such as the Fremont Road Pathway. %W recommended Earnest, member - Pathways Committee, commented that the Pathways Committee had recommended against constructing a pedestrian/bike path because bicyclists would be unlikely to use it because it would be necessary to ride more slowly and accident rates would be higher and also because the paved portion of the bike path would have to be at least 12 feet wide to meet minimum Caltrans standards. He further stated that he was not a supporter of bike lanes believing that it was more dangerous to ride on bike lanes than in the street. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to adopt Resolution #49-98 ordering the performance of certain work (Fremont Road Pathway Project). It was further agreed that the residents along Fremont Road would be notified that this project was going out to bid and that a special meeting of the City Council would be held on a certain date to award the contract. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously by all members present to direct staff to prepare a conceptual work plan for the Capital Improvements Budget in October on improvements to Fremont Road including landscape pockets. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Council Appointments to Committees, Subcommittees and Outside Agencies Dauber noted that the position of Youth Commissioner had been vacant for years and suggested that this position be modified to allow a youth representative to serve on the Community Relations Committee. Council agreed with this suggestion and also agreed that the Chairman of `r the Community Relations Committee would be contacted regarding this decision. July 1, 1998 Regular City Council Meeting PASSED BY CONSENSUS: To continue this item to a meeting at which all Councilmembers would be present. 7.2 Pathways Committee 7.2.1. Appointment to the Bicycle Advisory Committee MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously by all members present to appoint Les Earnest to the Bicycle Advisory Committee. 7.2.2 Request for authorization to attend the Pro Bike/Pro Walk Conference in Santa Barbara, September 8-11, 1998 PASSED BY CONSENSUS: To authorize the attendance of Les Earnest at the Pro Bike/Pro Walk Conference in Santa Barbara with expenses paid up to a $500 limit. 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Hydrant Flows The City Manager reported that a meeting had been held with California Water, Purissima Hills Water and the Fire District regarding the hydrant issue. A policy issue will be formulated and a report will be made to the Council. Siegel commented that the Fire District needed information of what hydrants needed to be added. 8.1.2 Solid Waste The City Manager noted that a meeting with the Council Solid Waste Subcommittee had taken place on June 30'. The billings had been reviewed and staff would be setting up spread sheets on tonnage, receipts, billings, can attrition, etc. A report will be brought back to the Council for review. In addition a request had been received from the Los Altos Garbage Company that Council address the delinquent account issue. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence Council agreed to take no action on the letter from the Board of Supervisors requesting input and conceptual support for the Affordable Housing Initiative. 8.4 Public Works Manager 8.4.1 Sewer Inspections The Public Works Manager reported that at the next Council Meeting he would be bringing an agreement with Los Altos for video inspections of sewers. 8.4.2 FEMA Funding July 1, 1998 Regular City Council Meeting The Public Works Manager noted that on 7/2/98 he would be meeting with FEMA representatives and would report back to the Council at their 7/15/98 meeting on the funding the Town could expect. 9. COUNCIL -INITIATED ITEMS 9.1 Fremont Road Paths (Councilmember Siegel) This item was discussed with Item 6.3 9.2 Appointments to Joint Volunteer Awards Committee (Mayor Johnson) Council agreed that past recipients of the award would be contacted about serving on this committee. 9.3 Logo and Website (Councilmember Dauber) Dauber asked Council to agendize reserving a web name and getting a patent for the Town's logo. 9.4 1998 Election -City Manager's Meeting with Candidates (Councilmember Hubbard) Hubbard asked if the City Manager planned to meet with the candidates to give them an overview of Town issues, etc. and was advised that such a meeting would be arranged. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:10 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the July 1, 1998 City Council Meeting were approved at the July 15, 1998 City Council Meeting. July 1, 1998 Regular City Council Meeting