MINUTES CITY COUNCIL MEETING MONDAY, AUGUST 11, 2014

Transcription

1 MINUTES CITY COUNCIL MEETING MONDAY, AUGUST 11, 2014 REGULAR CITY COUNCIL MEETING: Mayor Benton called the regular meeting to order at 6:01 p.m. at the Hillsborough Town Hall, 1600 Floribunda Avenue, Hillsborough, California. ROLL CALL: Present: Benton, May, Chuang, Christianson, Royse PLEDGE OF ALLEGIANCE MINUTES: The minutes of the July 14, 2014 City Council meeting were approved as submitted with changes by Mayor Benton and Councilmember Christianson. Mayor Benton stated that the second paragraph on page 4 of the City Council agenda packet should begin with Mayor Benton, not Vice Mayor Benton. Councilmember Christianson stated that under City Council Items on page 8 of the City Council agenda packet, the second sentence in the second paragraph should read She reported that the speakers at the conference agreed that the sea level will rise by at least three feet within the next century, and they indicated that they believed that San Mateo County will be ground zero for sea level rise on the West Coast. PRESENTATIONS: Mayor Benton introduced Assistant Finance Director Marie Bernardo who provided a brief Power Point presentation on the Town s new website and mobile application. Mayor Benton introduced PG&E Government Relations Representative Scott Hart who provided a Power Point presentation on PG&E's inline inspection upgrades to the Peninsula Local Transmission System. PROCLAMATION: Mayor Benton proclaimed August 11 th (8/11) as California Safe Digging Day to encourage all excavators, homeowners and contractors to call 811 in advance of all digging projects. PG&E Government Relations Representative Scott Hart accepted the proclamation on behalf of PG&E. CONSENT CALENDAR: Items 2, 5 and 6 were removed for discussion. On motion of Vice Mayor May, seconded by Councilmember Christianson, and unanimous on voice vote, Consent Calendar items 1, 3 and 4 were approved. 1. MONTHLY CLAIMS: JULY 1 THROUGH JULY 31, 2014 The monthly claims for July 2014 in the amount of $3,959, were approved as submitted. 2. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HF&H CONSULTANTS, LLC FOR A RATE STUDY Mayor Benton stated that he knew that a rate study was going to be conducted on the storm drain revenue and rate requirements, but was surprised that the rate study was also going to include water and sewer rates. He asked if the Scope of Services on page 37 of the City Council agenda packet includes storm drain revenue and rate requirements. Finance Director Jan Cooke replied that because funding for the storm drain system is connected to the water and sewer systems financially, it made sense to

2 Page 2 include all three systems in the rate study. She stated that the Scope of Services includes storm drain revenue and rate requirements. Councilmember Royse asked if the rate study will provide a separate rate analysis for the storm drain system. Ms. Cooke replied that the rate study will provide a separate rate analysis for the storm drain system, and that the rate study will be presented to the Financial Advisory Committee for review and then to the City Council for approval. On motion of Mayor Benton, seconded by Councilmember Royse, and unanimous on voice vote, the resolution authorizing the City Manager to execute the contract with HF&H Consultants, LLC for a rate study was adopted. 3. RESOLUTION APPROVING THE WAIVER AND SECOND AMENDMENT TO THE STANDBY PURCHASE AGREEMENT WITH JPMORGAN CHASE BANK The resolution approving the Waiver and Second Amendment to the Standby Purchase Agreement with JPMorgan Chase Bank was adopted. 4. RESOLUTION APPROVING THE PURCHASE OF A FOUR-WHEEL DRIVE SPORT UTILITY VEHICLE FOR THE PUBLIC WORKS DEPARTMENT The resolution approving the purchase of a Jeep Grand Cherokee from Putnam Auto of Burlingame in the amount of $39, to be allocated from the Asset Replacement Fund for Public Works Administration Vehicles was adopted. 5. RESOLUTION AUTHORIZING A BUDGET AMENDMENT CONSISTING OF ADDITIONAL FUNDING IN THE AMOUNT OF $113, FOR THE BLACK MOUNTAIN ROAD STABILIZATION PROJECT Councilmember Royse stated that the $113, cost overrun for the Black Mountain Road Stabilization Project is quite significant due to the delays in relocating the gas line, and working around the unmarked water line. He asked if there was any recourse for the cost overrun since it seems that it was not totally the Town s fault for the delays. Director of Public Works Paul Willis provided a diagram showing the area of the Black Mountain Road roadway stabilization work and stated that the unmarked waterline was found by accident and was connected to only one home. He reported that PG&E was unable to relocate the gas line from the work area within the timeframe requested. He explained that staff decided to keep the gas line in place to prevent gas service interruption to the neighborhood during the winter, and the contractor was required to hand dig around the gas line which took several weeks at an additional cost of $50,000. Councilmember Royse asked if PG&E was liable for their inability to relocate the gas line within the timeline requested. Mr. Willis replied that he will research the documentation regarding the project delays and will provide that information in a memo to the City Manager and City Council. Councilmember Christianson stated that she also had the same question regarding any recourse that the Town may have for the cost overrun due to PG&E s delay in the relocation of the gas line. She recommended that staff determine if further conversation with PG&E is needed. City Manager Randy Schwartz stated that staff will work with PG&E Government Relations Representative Scott Hart about the delay in relocating the gas line and will provide that information to the City Council. Mayor Benton stated that the information would be helpful to determine if PG&E was delayed in relocating the gas line or if the Town was ahead of schedule. On motion of Councilmember Royse, seconded by Councilmember Chuang, and unanimous on voice vote, the resolution authorizing a budget amendment consisting of additional funding for the Black Mountain Stabilization Project in the amount of $113, was adopted.

3 Page 3 6. RESOLUTION APPROVING PROPOSALS FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE CRYSTAL SPRINGS / EL CERRITO PHASE II SEWER IMPROVEMENT PROJECT City Attorney Norm Book stated that typically proposals are approved by staff and turned into contracts, but that the Town already has contracts with the consultants proposing construction management and support services for the Crystal Springs/El Cerrito Phase II Sewer Improvement Project. He added that the resolution needed to be amended because the City Council no longer needed to authorize the City Manager to execute the contracts on behalf of the Town. Director of Public Works Paul Willis stated that amendments were to contracts other than those that Mr. Book was referring to and therefore the subject contracts will need to be approved by the City Council. The Councilmembers further discussed the Crystal Springs/El Cerrito Phase II Sewer Improvement Project. Mayor Benton asked if this agenda item can be pulled and brought back at the September 8, 2014 City Council meeting. Mr. Willis replied that he will bring the contract amendments for construction management and support services for the Crystal Springs/El Cerrito Phase II Sewer Improvement Project back for City Council approval at the September 8, 2014 City Council meeting. PUBLIC HEARING: 7. FUNDRAISING EVENT PERMIT APPLICATION FOR THE CURIODYSSEY GALA DINNER AND AUCTION City Clerk Miyuki Yokoyama stated that CuriOdyssey submitted a fundraising application for their gala dinner and auction scheduled for Saturday, September 20, 2014, from 5:00 p.m. to 10:30 p.m. at 3000 Ralston Avenue. She stated that public notices have been sent to homeowners located within a 500-foot radius of the property and no comments have been received. She added that Peninsula Parking will be shuttling guests from the Crocker Middle School parking lot to the event site and back to Crocker. She stated that staff recommends approval of the application subject to the conditions of the Police, Fire, Building and Planning Departments. Mayor Benton opened the public hearing. Tavi Haberman, Development Associate for CuriOdyssey, stated that CuriOdyssey was previously called the Coyote Point Museum, and will be celebrating its 60th anniversary this year. She added that the museum has experienced amazing growth. She stated that 400 guests are expected at the great gala dinner and auction event which will be held at a beautiful home in Hillsborough. The public hearing was closed. On motion of Vice Mayor May, seconded by Councilmember Christianson, and unanimous on voice vote, the fundraising event permit application for the CuriOdyssey Gala Dinner and Auction on Saturday, September 20, 2014, subject to the conditions recommended by staff, was approved. Mayor Benton thanked Ms. Haberman and wished her the best of luck with the gala event. 8. ORDINANCE AMENDING HILLSBOROUGH MUNICIPAL CODE SECTION REGARDING PRIVATE SCHOOLS - ADOPTION Associate Planner Serena Fields stated that the proposed ordinance amendment was introduced at the July 14, 2014 City Council meeting, and that she was bringing it back

4 Page 4 for adoption. Ms. Fields provided a Power Point presentation on the amendment to Ordinance of the Hillsborough Municipal Code regarding private schools. She reviewed a comparative chart of the ordinance amendment showing the existing acreage of 11.0 or more acres with 400 students, proposed acreage of acres with 400 students, and proposed acreage of 20.0 or more acres with the proposed maximum number of students as determined by the City Council, subject to review of a Master Plan and permit to operate and not to exceed 517 students in any case. She noted that this ordinance amendment would be consistent with the General Plan Amendment which was adopted at the July 14, 2014 City Council meeting. She recommended that the City Council open the public hearing and receive comments, close the public hearing, and adopt the proposed ordinance amendment. Councilmember Christianson stated that the comparative chart did not include the asterisked items that were in the draft ordinance and asked if the actual ordinance will still include the asterisked items. Ms. Fields replied that the actual amended ordinance did include the asterisked items that were in the draft ordinance amendment reviewed at the June 14, 2014 City Council meeting and that the chart was only shown due to the limited amount of space on the slide. Ms. Fields then presented a slide which included the chart and all asterisked items. Councilmember Christianson asked if more information will be provided to the Councilmembers related to different approaches to policies and regulations regarding the maximum allowed intensity for private schools. Ms. Fields replied that staff will continue to explore different approaches to policies and regulations related to the maximum allowed intensity for private schools and will present that information to the City Council at their Study Session in January Vice Mayor May agreed with Councilmember Christianson s request for additional information. He stated that he will vote for the adoption of this ordinance amendment, but that he would like to revisit the subject again soon. He asked why an ordinance amendment was needed rather than a variance. Ms. Fields replied that an ordinance amendment was needed because there are two Town documents, the General Plan and Zoning Code which feature this chart and must be consistent with one another. She added that variances require specific findings of hardship, which would be difficult to make for this proposal. Mayor Benton opened the public hearing. There were no comments. The public hearing was closed. On motion of Councilmember Royse, seconded by Councilmember Chuang, and unanimous on voice vote, the ordinance amending Hillsborough Municipal Code Section regarding private schools was adopted. 9. URGENCY ORDINANCE PROHIBITING WATER WASTE AND LIMITING IRRIGATION IN COMPLIANCE WITH THE CALIFORNIA WATER BOARD EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION - ADOPTION Consulting Analyst Ed Cooney provided a Power Point presentation on the urgency ordinance prohibiting water waste. He stated that Hillsborough s water use reduction efforts have resulted in the reduction of water use by 16% since February 2014 as compared to the same time period in He quoted a Daily Journal article published on August 4, 2014, which stated that Since February, San Mateo County cities have reduced use in comparison to the same time as last year, with Hillsborough residents cutting back the most Mr. Cooney provided a bar graph showing the residential water reduction in percentages for 11 Peninsula cities. Mr. Cooney reported that on July 15, 2014, the State Water Resources Control Board approved emergency regulations to ensure water agencies, their customers and state residents increase water conservation in urban settings or face possible fines or other enforcement. He explained that the state regulations require water agencies to prohibit watering of outdoor landscapes that cause excess runoff; washing down driveways and sidewalks; using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off

5 Page 5 nozzle; and using potable water in a fountain or decorative water feature, unless the water is recirculated. Mr. Cooney reported that urban water suppliers (e.g., the Town of Hillsborough) will be required to activate their Water Shortage Contingency Plan to a level where outdoor irrigation restrictions are mandatory; implement allocation based rate structures; or limit outdoor irrigation to twice a week. He stated that the regulations apply to potable water, make an exception for washing hardscape due to health or safety issues, and call for a penalty of up to $500 per violation. He further stated that urban water suppliers must report water use to the state on a monthly basis to track progress. He added that failure by a water agency to comply with State Water Board regulations may result in a penalty of up to a $10,000 a day. Mr. Cooney reported that the Town has prepared an urgency ordinance which complies with the state regulations by prohibiting water waste; limiting irrigation to twice weekly; providing fines of $500 per violation; and requiring the Town to notify customers of the ordinance requirements by mail, if adopted. He stated that the ordinance also limits irrigation to dusk, night and dawn. Mr. Cooney stated that the Town s government operations have already complied with the state regulations as the Town has previously met with the Town s contract landscapers, has audited the Town s irrigation systems, has adjusted the Town s irrigation timers, has used spray nozzles on every hose, and does not wash hardscape with potable water. He reported that additionally, the Town has eliminated water flushing (No-Des system) and will research the use of smart meters. He added that staff will notify landscape contractors of the ordinance, if adopted. Mr. Cooney stated that staff recommends that the City Council waive reading of the urgency ordinance, open the public hearing, close the public hearing, consider public comments and address questions to Town staff, adopt the urgency ordinance, and direct staff to notify Hillsborough water customers of the ordinance requirements within seven days of adoption. Vice Mayor May asked if the urgency ordinance was really required and if it was a state mandate or recommendation. City Attorney Norm Book replied that the Town s urgency ordinance is in response to the state emergency regulations. Mr. Cooney stated that the Town s ordinance complies with the state regulations and that the Town also added limiting irrigation to dusk, night and dawn as a best management practice. Vice Mayor May asked how the residents will be notified about the new water regulations. Mr. Cooney replied that a letter of explanation including water conservation recommendations will be sent to the Town s residents and information will be posted on the Town s website. Councilmember Royse asked if the fines would be $500 per day. Mr. Cooney replied that the draft ordinance includes a penalty of $500 per day. Mr. Book stated that the State s proposed text for emergency regulations includes a fine of up to $500 for each day in which the violation occurs. The Councilmembers and Mr. Book further discussed the $500 fine, enforcement of the ordinance and the appeal process. Mayor Benton recommended going with the State s proposed text for emergency regulations to include a fine of up to $500 for each day in which the violation occurs. Councilmember Christianson stated that Section A.i of the proposed ordinance limits outdoor irrigation to two days per week and she commented that seemed to be for ease of enforcement rather than for water conservation. She stated that residents should be allowed to preserve water resources through their own preferences as there is no one size fits all solution, but a common goal of water conservation. She further stated that if residents can water only twice a week, they may

6 Page 6 leave the water on for a longer period twice a week, which would be counterproductive to conserving water. Mayor Benton quoted Section 865(c) of the State s proposed text of emergency regulations on page 97 of the City Council agenda packets which states that To promote water conservation, each urban water supplier that does not have a water shortage contingency plan or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code Section shall, within thirty days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or shall implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in He asked how that regulation relates to schools, parks and golf courses. Mr. Cooney replied that the Town s water use regulations will apply to all water customers including schools, parks and golf courses. City Manager Randy Schwartz stated that the Burlingame Country Club s irrigation system is on a well water system, which is non-potable water. Councilmember Christianson asked if the Town regulates the wells located in Hillsborough. Director of Public Works Paul Willis replied that the San Mateo County Department of Environmental Health regulates private wells in Hillsborough. Councilmember Christianson asked how many private wells were located in Hillsborough. Public Works Superintendent John Mullins replied that there are approximately 40 private wells located in Hillsborough. The Councilmembers, Mr. Cooney, Mr. Book and Mr. Schwartz further discussed the Town s draft urgency ordinance. Councilmember Chuang recommended that the language in the ordinance be clear and easy to interpret. Mayor Benton waived the reading of the ordinance and opened the public hearing. Hillsborough resident Mark Moritz stated that he is an architect and green builder, and that he applauded Councilmember Christianson s comments about limiting watering to two days per week as it is not quantifiable. He stated that what is quantifiable is the Town s water use report showing the amount of landscape, the amount of water allowed, and the drought restriction goal. He commented that the report was an absolute, quantifiable way to measure water use, but that the report is only available bimonthly. He reported that he prefers to water three times a week for five minutes per zone. Mr. Moritz stated that PG&E s smart meter measures electricity use by the day and time, and recommended that the Town use smart water meters to provide a daily water use report. Hillsborough resident June White agreed that watering two days per week is not the best way to reduce water use. She stated that she has a Japanese garden and waters each plant for five minutes three times a week. She commented that she has not heard much about using other sources of water, such as recycled water, desalinated ocean water and water from the Northwest. Hillsborough resident Peter Mandell stated that he lives on a hill and that he always has unpreventable water runoff. He commented that the state regulations prohibit runoff and recommended that the Town add excessive before runoff in the final language of the Town s urgency ordinance. Meg Starr, Executive Director of the Carolands Foundation, agreed that limiting watering to two days per week is not the most efficient way to water, especially for a large property such as the Carolands. She stated that water conservation measures at the Carolands include the use of water pumps to recycle water and the use of a well reservoir. Ms. Starr asked how much residents are being asked to reduce their water use. Mr. Schwartz replied that Town residents are being asked to voluntarily reduce

7 Page 7 their water use by 10%. Ms. Starr stated that 10% sounds doable. She thanked the Councilmembers. The public hearing was closed. The Councilmembers, Mr. Cooney, Mr. Book and Mr. Schwartz further discussed the Town s draft urgency ordinance. Mr. Book recommended amending Section A.i to read The outdoor irrigation of ornamental landscapes, grass, lawns, and turf with potable water shall be limited to two days per week or otherwise limited in a manner designed to achieve a comparable reduction in water consumption. He recommended amending Section B to read The taking of any action in violation of Section A shall be subject to an administrative penalty of up to $500 for each day in which the violation occurs. Vice Mayor May recommended that Section A.i should include the word excessive before runoff. The Councilmembers, Mr. Cooney, Mr. Schwartz and Mr. Book further discussed the Town s draft urgency ordinance and water conservation. Mayor Benton recommended that staff look into the use of smart water meters as a tool for residents to conserve water. Mr. Cooney stated that they have begun to look into the requirements for the use of smart water meters and will report back to the City Council. Councilmember Christianson reported that there was an article in the San Francisco Chronicle about different agencies encouraging residents to swap lawn with drought tolerant plants. She reported that the article highlighted gardens in the City of Palo Alto where a rebate of $4.00 per square foot of lawn was provided as an incentive for residents to switch to drought tolerant plants. She stated that the Bay Area Water Supply and Conservation Agency (BAWSCA) provides a similar program to some of their agencies with a rebate of $1.00 per square foot of lawn removed. Mr. Cooney stated that the Town could avail itself to the BAWSCA lawn rebate program, but residents may not be incentivized by a $1.00 per square foot rebate. Mayor Benton asked the rebate is funded by BAWSCA. Mr. Cooney replied that the Town s share of the cost would be 50%. Councilmember Christianson asked what is available to the Town s residents to help them to conserve water. Mr. Cooney replied that the Town provides residents with the water use reports and washing machine rebates. Mayor Benton asked Mr. Book to recap the amendments to the urgency ordinance. Mr. Book stated that Section A.i would be amended to read The outdoor irrigation of ornamental landscapes, grass, lawns, and turf with potable water shall be limited to two days per week or otherwise limited in a manner designed to achieve a comparable reduction in water consumption. Such applications of potable water to ornamental landscapes, grass, lawns, and turf shall be done in a manner that does not create excessive runoff onto adjacent property, non-irrigated areas, private and public walkways or roadways, driveways, parking lots or parking strips, or other hardscape. He stated that Section B would be amended to read The taking of any action in violation of Section A shall be subject to an administrative penalty of up to $500 for each day in which the violation occurs. On motion of Vice Mayor May, seconded by Councilmember Chuang, and unanimous with a roll call vote, the amended urgency ordinance prohibiting water waste and limiting irrigation in compliance with the California Water Board Emergency Regulation for Statewide Urban Water Conservation was adopted. PUBLIC COMMENT:

8 Page 8 There were no public comments. CITY COUNCIL ITEMS: Councilmember Chuang announced that she and Councilmember Royse and City Manager Randy Schwartz attended the Ralston Avenue Tree Committee meeting this afternoon with the Hillsborough City School District. She reported that the contractor has done a really good job with the tree trimming and removal project, and that it is below budget. She added that no complaints have been received, and that she has received several positive comments about the project. She stated that Mr. Schwartz and Superintendent Anthony Ranii will evaluate the traffic study on the Crocker Middle School/Ralston Avenue area and that they will also contact the Hillsborough Beautification Foundation Board to discuss the reforestation plan for the area. Mayor Benton announced that the 2014/2015 Leadership Program will be kicked off on Friday, September 12, 2014, with a bus tour of four cities from 10:30 a.m. to 12:00 p.m., but that both he and Vice Mayor May will be out of town. He asked if any of the Councilmembers would be available to attend and to discuss issues and sites as the bus travels through Hillsborough. Councilmember Christianson stated that she will check to see if she would be available. City Manager Randy Schwartz stated that he would be happy to attend if no one else is available. Mayor Benton reported that the Federal Aviation Administration issued a Finding of No Significant Impact for the environmental report for the Northern California Optimization of Airspace and Procedures in the Metroplex Project. Mayor Benton announced that Councilmember Chuang will be attending the League of California Cities Annual Conference on September 3-5, 2014, and that she has been designated as the voting delegate to the Conference s Annual Business Meeting on September 5, Mayor Benton announced that the Jewish Community Relations Council (JCRC) Civic Connection reception will be held on Tuesday, September 16, 2014, from 6:00 p.m. to 8:00 p.m. in Foster City, and asked if any of the Councilmembers could attend. Councilmember Christianson stated that she may be able to attend. Vice Mayor May announced that he and Councilmember Chuang attended the Council of Cities Dinner/Meeting on Friday, July 25, 2014, in the City of Menlo Park at HelloStartups, an incubator for lots of interesting high-tech start-up companies. Mayor Benton announced that there will be no Council of Cities Dinner/Meeting for the month of August. Mayor Benton announced that a special meeting will not need to be held on Tuesday, August 19, 2014, as an election will need to be held on Tuesday, November 4, 2014, to elect two members of the City Council. Councilmember Royse announced that he attended the South Bayside Waste Management Authority Board of Directors meeting on Thursday, July 24, 2014, as Mayor Benton s alternate. He reported that the Board did not adopt the ordinance implementing a recycling reporting system for the commercial recycling haulers because of the cost and method of gathering information. ADJOURNMENT: Mayor Benton adjourned the meeting at 9:04 p.m.