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HomeMy WebLinkAbout04-27-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, April 27, 1999 - 5:30 p.m. PLACE: Closed Session, Administration Conference Room, 13777 Fruitvale Avenue Adjourned Regular Meeting, Adult Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting/All Commission Chair Meeting OPEN SESSION - 5:30 p.m. - Administration Conference Room CLOSED SESSION A. Public Employee Performance Evaluation pursuant to Government Code Section 54957 - Title: City Manager MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there was no reportable action taken. CALL TO ORDER - Mayor Shaw called the meeting to order at 7:05 p.m. in the Adult Care Center located at 19655 Allendale Avenue. ROLL CALL - All Councilmembers were present. Staff present: City Manager Perlin, City Attorney Riback, City Clerk Ramos, Director of Administrative Services Walker, Acting Director of Public Works Chefbone, Senior Administrative Analyst Irene Jacobs. Commissioners present: Chairman Swan (FC), Commissioner Wyman (HPC), Chairwoman Manzo (LC), Chairwoman Bemald (PC), Chairman Lemmon (PSC), and Commissioner Scordelis CYC). REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 23, 1999. The Notice of Adjournment from April 21~t meeting was posted on April 22, 1999. 1. ORAL COMMUNICATIONS FROM THE PUBLIC ON NON-AGENDIZED ITEMS None 2. RESOLUTION OF APPOINTMENTS AND OATH-TAKING FOR NEWLY APPOINTED PLANNING COIVIMISSIONERS Recommendation: Adopt resolution and administer oaths of office. BOGASIAN/MEHAFFEY MOVED TO ADOPT THE RESOLUTION APPOINTING FOUR PLANNING COMMISSIONERS. MOTION PASSED 5-0. Mayor Shaw administered the oaths to Commissioners Jackman, Kurasch and Waltonsmith. Commissioner Roupe was not able to attend, however, prior arrangements have been made to administer this oath of office at the City Clerk's office. 3. ALL COMMISSION CHAIR MEETING Mayor Shaw welcomed the Commissioners. All Commissions were represented with the exception of Parks and Recreation Commission. Irene Jacobs, staff support, was present on behalf of the Commission. The Commissioners provided an overview of their Commission and an update of current matters. PSC Chair Lemmon submitted a written report to the Cotmcil and staff. Planning Commissioner Chairwoman Bemald suggested scheduling a future meeting with City Council and the new Planning Commission to discuss objectives and concerns. Council concurred. Page I of 6 Minutes for City Council April 27, 1999 Adjourned Regular Meeting/ All Commission Chair Meeting Cotmcilmember Bogosian asked clarification and HPC Chairwoman Wyman replied that the HPC did not endorse the School Board's compromise to save one of the two Eucalyptus trees. Ms. Jacobs, Parks and Recreation staff support updated the Council on status of the playfields, play equipment at Kevin Moran and Garner Park and the restrooms at Wildwood Park. In the interest of time for those persons who wished to speak, Mayor Shaw moved agenda item 6 regarding the sewage disposal ordinance to this part of the agenda. 6. PROPOSED AMENDMENTS TO ORDINANCE RELATING TO SEWAGE DISPOSAL Recommendation: Review and discuss the attached draft amendments and schedule the City Manager Perlin presented the staff report and deferred additional comments to City Attorney Mike Riback. City Attomey Riback pointed out a correction to the proposed draf[ of the ordinance under page 6, changing the text "may" to "shall". In response to Councilmember Bogosian, City Manager Pe~in replied that no input has been received by the City from the pubhc about the sewage disposal ordinance and its proposed changes. In response to Councilmember Bogosian, City Attomey Riback replied that the City is not bound to grandfathering the previously adopted ordinance in any way. Mayor Shaw recognized the following persons: Marvin Becker, 12120 Mellowood Drive~ Homeowner president, commented regarding the notification process and expressed his opposition particularly to the impact of the ordinance on good operable septic systems. Linda Chim 12480 Palmtag~ expressed opposition due to the time restriction and financial impact on new homeowners and urged Council to reconsider. J. Richard Hanna~ 12222 Woodside Drive, expressed opposition stating that he has a good and well maintained septic system. He inquired as to what prompted this requirement. In response to Mr. Hanna, City Attorney Riback commented that the requirement that septic systems located within 200' of a public sewer facility connect to the facility has been in the City Code for many years and the City Council would like to make it a priority. In response to Mr. Hanna, Councilmember Baker replied that the West Valley Sanitation District, in which Saratoga is being served is assessed certain amount of funds to collectively improve the sewage disposal plants that serve the county, and this is an ongoing process. There is a new assessment which will pay for a major upgrade to countywide sewage disposal systems. Bob Likens~ 12501 Woodside Drive~ implied that the need for this requirement has come about due to possible surface water contamination problems. He feels that the problem should be addressed to those septic tankusers who may be contributing to the pollution instead of all users of septic tanks even those who have a good operating system and who maintain them according to standards. Joseph Doll, 19145 Brookview Drive, expressed opposition and asked Council to look at the benefits derived and associated costs resulting from this requirement. He asked to whom the benefits accrue because if they accrue to parties other than the homeowners, it would only be fair to allocate the costs to the beneficiaries. If they go to the homeowners, the homeowners should make the decision whether the allocation of funds is appropriate or not. Evelyn Turkus, 12440 Titus Avenue, expressed opposition and concem over the financial impact to the property owners, particularly those with a fixed income like her. She requested clarification about the notice of non-compliance. Page 2 of 6 Minutes for City Council April 27, 1999 Adjourned Regular Meeting/ All Commission Chair Meeting City Attomey Riback explained that if the condition of a system is repaired and is no longer a health hazard, a notice of non compliance would be removed. Or, if the system was connected to a public sewer system, the notice of non compliance would be lifted. A septic system that is within 200' of the public sewer system will receive a notification that a connection to the public sewer needs to be made within 180 days. If, within 45 days from receipt of this notification, an inspection report is not submitted, a notice of non-compliance will be recorded against the property for the purpose of assuring notice to prospective buyers of that property that the system has been identified as being subject to connection to public sewer. If an extension is requested, an inspection report must be submitted showing that the septic system is in good condition. Ms. Turkus commented the 45-day non-compliance notice is unreasonable and should be reconsidered. Bert Martel, 14420 Fruitvale Avenue, commented regarding the notification process extended particularly those who will be affected. He asked why it is mandatory and the basis for this requirement, particularly for those property owners with a good operating septic system. He left literature regarding septic systems with Mayor Shaw. John Jenkins, Brooklyn Drive, commented regarding the notification process to he property owners. He expressed concem over the financial impact, the expense, legitimate reason for concem, and the absence of an option for the property owners. He added that he would like an oppommity to review the proposed ordinance and suggested that the City improve communication with the citizens. He feels there is no need to make these requirements. In response, Mayor Shaw commented that the City follows a notification process as required by law. The communication problem referred to by Mr. Jenkins seems to be an ongoing problem even when the matter has been noticed as required by law, and even after the matter has been on the Council agenda several times for comments and discussion before Council action is taken. Oskar Thurnher, 19931 Bella Vista, commented he would be willing to comply if the opinion of pubic health experts is that this is for best interest of our environment. He inquired about the pilot program by the Sanitation District. In response to Mr. Thumher, City Attorney Riback stated that for years California law has authorized local agencies to require properties on septic within 200' from public sewer to connect, without a time frame. There being no further public testimony, Mayor Shaw asked for Council comments. To respond to several comments made regarding the notification and communication problems, Councilmember Baker ennmerated~a chronological series of Council meetings discussing the septic system abatement and requirements thereof beginning from September 2, 1998 to the present time, totaling to about ten meetings. He added that both regular and adjourned Council meetings are televised on the local channel. Furthermore, two articles on different dates, appeared in the headlines of the Saratoga News. The City has not retrieved from the West Valley Sanitation Dis~ct the list of homes in Saratoga with septic systems. There are approximately 350 homes on septic in Saratoga, 150 of which are within the 200' requirement. In response to Mr. Thumher's inquiry about the pilot program, it is being launched by the West Valley Sanitation District and is scheduled to commence before the end of the second quarter of this year. The pilot program will target the Brookfield neighborhood in Saratoga. Councilmember Baker tinther commented that this is a difficult situation for him and the rest of the Council for two reasons: one, it is not the intent of Council to force individuals out of their homes because of the costs associated with this requirement which is why the proposed ordinance has an exception which provides for an open-ended extension of time; secondly, it is difficult to discern the meticulous septic owners who have good operating systems and who regularly maintain them to standards, from the rest who do not. And, he feels there may be more of the latter. Bob Miller, resident, (did not provide address), opposed the ordinance and commented that the state did not mandate the cities to start eliminating septic systems from their sewage systems, it was an Page 3 of 6 Minutes fo~ Cti~ Council April 27, 1999 Adjourned Regular Meeting/ All Commission Chair Meeting enablement and the City's rationale in this matter seems arbitrary and their basis of enforcement is weak. Councilmember Bogosian commented that the environmental consequences fi'om sewage is strong rationale for dealing with this matter proactively. ' Because of fault motions and earthquakes, many of the springs in Saratoga are shifting direction and the earth's movements may also affect the direction of the flow of sewage from septic systems. He expressed support of the ordinance and stated that although it may not be a perfect solution, it is a start. Furthermore, he expressed support for the establishment of a review board to hear hardship cases and determine requests for extensions of time. In response to Ms. Chin's comments, Councilmember Streit referred to Section D under 7.10.08 which addresses'financial hardship and extension of time and expressed his support of the ordinance. Councilmember Mehaffey echoed the comments made by the Council supporting the ordinance. In response to an earlier comment regarding making this Code a priority, it has become a priority because of the concern of pollution especially with properties located near creeks. He expressed support of the ordinance. Councilmember Baker commented that for the common good, in every developed urban and suburban areas, sewer systems have been put in place by necessity and Saratoga is no different in that regard. He stressed and endorsed the pilot program and urged the property owners, particularly those with financial hardship to partake in this program and expressed his support of the ordinance. In response to a question from the audience, Councilmember Baker replied that depending on the size of the house and setback liom the sewer system the cost to the homeowner could range in price from $7,000 to $15,000 for a full connection. Responding to a question from the audience, City Manager Perlin referred to the West Valley Sanitation District at 378-2407 to find out if the property is within 200' of the public sewer system. In response to Councilmember Mehaffey, City Attomey Riback replied that the preparation and filing of the Notice of Non Compliance and the lifting of that notice would be processed by the City and the fees should be nominal. Mayor Shaw thanked the public for their comments. Before calling for a motion, he asked the Council if the word "shall" be changed to "may" in Section B-11 29~1. Council concurred to leave the word "shall" in the text. EVAN/STREIT MOVED TO DIRECT STAFF TO BRING BACK THE ORDINANCE WITH A MODIFICATION TO THE PROVISION UNDER SECTION Bl1-13.3 (a) REGARDING NOTICE OF NON COMPLIANCE AS REQUESTED BY COUNCILMEMBER MEHAFFEY, FOR INTRODUCTION AT THE COUNCIL MEETING OF MAY 5, 1999. MOTION PASSED 5-0. Mayor Shaw declared a recess at 9:10 p.m. and reconvened at 9:15 p.m. 4. MONTHLY FINANCIAL REPORTS OF MARCH 1999: a) Treasurer's Report b) Financial Report Recommendation: Accept the subject reports. BAKER/STREIT MOVED TO ACCEPT THE SUBJECT REPORTS. MOTION PASSED 5-0. 5. FISCAL YEAR 99-00 AND 00-01 BUDGET PRESENTATION City Manager Perlin gave an oral presentation using overheads coveting fund balances and expenditures in the various departments. He added that the next workshops and public hearings will be on May 1 l(Revenues, Program Goals and Objectives), May 19 (Expenditures and Capital Projects), June 2 (first Public Heating) and June 16 (adoption). Page 4 of 6 Minutes for City Council April 27, 1999 Adjourned Regular Meeting/ All Commission Chair M~ting Items of discussion included: · Liability insurance funding in the City Attomey's budget · Pohce services, crossing guards, School Resource Officer · Animal Control · Supplemental law enforcement · Indirect cost allocation · Custodial support for SASCC Council concurred to change the fund title 1025 under City Attorney to include liability insurance in the title. Mr. Perlin noted that the custodial services for' SASCC will be included under personnel and staffing. Some pending issues include ~nalizing the reserve policy issue which is currently under discussion by the Finance Commission after which a recommendation will be brought back for Council review; the TEA allocation with the County; wages and benefits will be factored into the budget at the conclusion of negotiations; Park Development fund; and the Animal Control. In response to Councilmember Mehaffey, City Manager Perlin replied he is waiting for some information ~'om Green Valley Disposal. Mr. Perlin hopes it will be available for the May 11m meeting. 6. PROPOSED AMENDMENTS TO ORDINANCE RELATING TO SEWAGE DISPOSAL Recommendation: Review and discuss the attached draft amendments and schedule the Ordinance, with changes, to be introduced at the May 5 regular City Council meeting. This item was moved up on the agenda. 7. MEMO FROM RECREATION DIRECTOR ON LETTER FROM SASCC REGARDING CUSTODIAL SUPPORT SERVICES. Joan Pisani, Recreation Director presented the staff report. Discussion ensued regarding cost savings against the level of service with contracting out these services. Vice Mayor Bogosian commented that custodial services are direct services to people and expressed supporting the funding for two custodians. There was consensus of Council to direct staff to examine retaining two custodians. 8. MONTHLY STATUS REPORT ON CITY'S Y2K EFFORTS Recommendation: Receive report. BAKER/BOGOSIAN MOVED TO ACCEPT THE REPORT. MOTION PASSED 5-0. 9. SELF-EVALUATION OF PREVIOUS MEETINGS: April 7 and April 21, 1999 Council concurred they were good meetings. 10. AGENCY ASSIGNMENT REPORTS Alternate Association of Bay Area Governments Mehaffey Chamber of Commerce Board Shaw County HCD Policy Committee Mehaffey Emergency Planning Council Baker Mehaffey Hakone Foundation Liaison Shaw KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Authority Board Bogosian Streit North Cent. Flood Cont. Zone Adv. Committee Bogosian Mehaffey Penin. Div., League of Cat. Cities Bogosian Shaw Santa Clara Valley Water Commission Baker Bogosian Page 5 of 6 Minutes for City Council April 27, 1999 Adjourned Regular Meeting/ All Commission Chair Meeting Santa Clara County Cities Assn./ City Selection Committee Baker County Cities Assn. Leg. Task Force Bogosian Baker SASCC Liaison Streit Mehaffey Saratoga Business Development Council Mehaffey Streit Sister City Liaison Shaw West Valley Solid Waste JPA Streit Bogosian Valley Transportation Authority PAC Streit West Valley Sanitation District Baker Sireit Councilmember Mehaffey reported on discussions at the ABAG General Assembly regarding neighborhood concepts and revenue sharing. KSAR Board concurred to remain on Channel 6. Councilmember Baker reported on Santa Clara County Cities Association regarding the graffiti abatement campaign and requested to put this item on the next agenda. He announced the Santa Clara Emergency Manager's Association is developing a training seminar for elected officials for anyone who might be interested. He attended the Legislative Task Force on Vice Mayor Bogosian's behalf and bills are in progress of which the City has responded to some. Vice Mayor Bogosian reported on the Flood Control District's letter asking for support and commented he will forward the matter to the City Managers. The Library JPA passed a motion to discuss an acceptable use policy for the use of the Intemet. Councilmember Streit reported on the JPA Solid Waste By-Laws to have an altemate to the Board. The West Valley Cities will send a letter to the VTA to encourage the County to fully fund the Vasona corridor project. City Manager Perlin commented on the Measure A expenditure plan and noise abatement funding for Highway 85. 11. OTHER BOGOSIAN/BAKER MOVED TO PUT AN ITEM ON THE NEXT AGENDA FOR DISCUSSION REGARDING THE PLAYFIELDS MATTER AT MARSHALL LANE AND BLUE HILLS/AZULE PARK TO DISCUSS WHETHER THE COUNCIL WOULD LIKE TO TAKE ACTION TO STOP THE FURTHER DISCUSSION OF DEVELOPMENT AND DIRECT STAFF TO LOOK FOR ALTERNATIVE SITES FOR OTHER DEVELOPMENT. Vice Mayor Bogosian referred to a letter received fi'om Ms. Jane of the Blue Hills Elementary School dated April 10 regarding a stop sign on Seagull Way and asked staff to refer it to the Public Safety Commission for discussion. Coundl concurred. City Manager Perlin commented he would forward it to the Public Safety Commission. Councilmember Sireit and City Manager Perlin replied that he will be meeting with Mr. Whetstone regarding the creek settlement and will bring back a report to Council. He reported that a first round of testing was conducted and test results should be forthcoming. 12. ADJOURNMENT Mayor Shaw adjourned the meeting at 11: 12 p.m. Respectfully submitted, Susan A. Ramos, ~ity Clerk Page 6 of 6