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HomeMy WebLinkAbout12-11-2001 City Council Minutes ReorgMINUTES SARATOGA CITY COUNCIL DECEMBER 11, 2001 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:30 CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION: (Government Code section 54956.9(c)): (1 case) The City Council of the City of Saratoga adjourned to Open Session in the Administrative Conference Room at 6:15 p.m. to interview an applicant for the Arts Commission. T'he City Council adjourned to the Adult Care Center - 19655 Allendale Avenue for the Council Reorganization, Study Session, and Special Meeting. MAYOR'S REPORT ON CLOSED SESSION - 6:35 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Snecial City Council meeting to order at 6:35p.m. and rf;quested Vice Mayor Streit to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Jesse Baloca, Director of Admin. Services John Cherbone, Director of Public Works Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 11 '1,001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 11, 2001 was properly posted on December 7, 2001. COUNCIL REORGANIZATION REMARKS FROM OUTGOING MAYOR -JOHN MEHAFFEY Mayor Mehaffey thanked the Council and staff for their support throughout the year. 2. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. 1. City Manager declares the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election of the Vice Mayor City Manager Anderson declared the office of Mayor vacant and asked for nominations. BAKER/WALTONSMITHMQVED TO NOMINATE VICE MAYOR STREIT TO THE POSITION OF MAYOR. MOTION PASSED 5-0. Mayor Streit declared the office of Vice Mayor vacant and asked for nominations. BOGOSAIN/WALTONSMITH MOVED TO NOMINATE COUNCILMEMBER BAKER TO THE POSITION OF VICE MAYOR. MOTION PASSED 5-0. 3. ADMINISTER OATH OF OFFICE TO COUNCILMEMBERS STAFF RECOMMENDATION: Administer Oath of Office. City Clerk Boyer administered the Oath of Office to Mayor Streit and Vice Mayor Baker. 4. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS Mayor Streit thanked his fellow Councilmembers for appointing him Mayor. Mayor Streit briefly described the accomplishments of this year including the Bay Keepers lawsuit agreement, Measure G, Neighborhood Traffic Management Programs, and safe route to schools program. Mayor Streit commended staff for being the backbone of the City. Mayor Streit also pointed out some of the City's future endeavors, one being the development of a Civic Center Master Plan and Azule Park renovations. Mayor Streit noted that many issues still need the Council's attention such as: re-vitalization of the Village and the Gateway, the parks, the fight to overlay Highway 85, and most importantly to try and unify the City. Mayor Streit noted that it is time to break the artificial barriers and open the lines of communications between our 7 school districts, 2 fire districts, 2 sanitation districts, 3 Lighting and Landscaping Districts, several little league and soccer groups. On a final noted Mayor Streit thanked his family for their support. Vice Mayor Baker noted that he is honored to serve on this Council. Councilmember Bogosian thanked his colleagues for another successful year. Councilmember Waltonsmith thanked her fellow colleagues for their continued support and noted that she was looking forward to supporting the Mayor's projects. Mayor Streit announced that the Council meeting would adjourn to a light reception followed by the Civic Center Master Plan Study Session. Due to a prior commitment Councilmember Bogosian excused himself from the rest of the meeting. ADJOURNMENT TO STUDY SESSION - 7:30 P.M. ADULT CARE CENTER -19655 ALLENDALE AVENUE COMMUNICATIONS FROM COMMISSIONS & PUBLIC Communications from Boards and Commissions None _Written Communications None CONSENT CALENDAR None PUBLIC HEARINGS None S'CUDY SESSION CIVIC CENTER MASTER PLAN STAFF RECOMMENDATION: Accept Report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on October 9, 2001 Christopher Noll presented six Civic Center site plans in conceptual form to the Council. Director Pisani noted that Mr. Noll's presentation included four options using a combination of existing and new buildings and two options of tearing down existing buildings and building new facilities. After the presentation the Council narrowed down the options. One of their requests was that a new Senior/Community Center be placed near the Corporation Yard. Director Pisani introduced Christopher Noll, Partner/Noll & Tam and Elizabeth McLeod, Architect, and explained that they would present three site plans, the program and phasing summary for each option, and construction costs. As a result of October 9, 2001 City Council meeting Mr. Noll explained that he and Ms. McLeod would present three site plans. Option 1 • Community/Senior Center would include apreschool -located near the Corporation Yard • Gymnasium/Multipurpose room which would also include a Teen Center • Council Chambers would be added on to the existing City Hall • Split-level parking garage would be built between the Community Center and the Gymnasium • Remodeled Civic Theater would share a lobby with the new Council Chambers • Drive thoroughfare around Civic Center to help alleviate traffic congestion Mr. Noll explained that Option I could be built in three phases with total construction cost of approximately $25,474,280. Option 2 • Gymnasium/Multipurpose room which would also include a Teen Center is located near the Corporation Xard • Community/Senior Center would include apreschool -located next to City Hall • Parking Garage between Gymnasium and Community Center • Council Chambers would be added onto the existing City Hall • Remodeled Civic Theater would share lobby with the new Council Chambers • Drive thoroughfare around Civic Center to help alleviate traffic congestion Mr. Noll explained that Option 2 cannot be built in phases and a total construction cost of approximately $25,435,944. Option 3 • Community/Senior Center would include a preschool and a Teen Center-located next to the Corporation yard • No parking garage • No gymnasium Drive thoroughfare around Civic Center to help alleviate traffic congestion • Remodeled Civic Theater would share lobby with the new Council Chambers Mr. Noll explained that Option 3 could be built in phases and a total construction cost of approximately $19,190,192. After Council discussion consensus was reached on the following issues: 1. Option 2 - find a way to build using construction phases. 2. Incorporate a close drop off area in front of the Community Center Abhik Pramanik, 12667 Cheverly Court, noted that he is the Vice Chair of the Youth Commission but tonight he is expressing his own opinion, none which reflect the opinion of the Youth Commission. Mr. Pramanik explained that the Warner Hutton House has been a great Teen Center, but it is only 2000 sq. ft. Mr. Pramanik explained that after school the WHH is packed with students. Mr. Pramanik noted he fully supports Option 2, which includes a gymnasium, and a new Teen Center. Ed Sengstack, 190 South ls` Street, Campbell, noted that he is a Board Member for the Saratoga Drama Group. Mr. Sengstack thanked the Council for including both Theater groups to participate in the discussion for the Civic Center Master Plan. Mr. Sengstack requested that if and when the Council addresses renovations to the inside of the Civic Theater, the drama groups would be invited to participate in the discussions. Mr. Sengstack suggested that the Council be aware that the drama groups would benefit from an orchestra pit and new acoustics. Sean O'Lary, Executive Director SASCC, noted that, speaking on behalf of the SASCC Boarcl, Option 2 is their choice. Mr. O'Leary pointed out that the Board would like to see the Community Center in the middle of the property as opposed to the rear of the property. Mayor Streit asked Mr. O'Leary if he would be willing to relocate the Adult Day Care Center off site during construction. Mr. O'Leary responded that if relocating to a temporary location would prevent them from going out of business, they would deal with it. Consensus of the City Council that Option 2 would best meet the needs of City Hall. A discussion took place on how the Master Plan would be funded. Councilmember Mehaffey stated that he could support a parcel tax that would allow the city to pay for and build the new facilities in steady increments. Councilmember Waltonsmith noted that she could support a bond. Vice Mayor Baker requested that the three options presented to Council this evening be displayed somewhere at City Hall and on the City's website for public viewing. The City Council expressed their gratitude to Noll & Tam for their hard work. SPECIAL MEETING OLD BUSINESS 6. SARATOGA CREEK SETTLEMENT AGREEMENT -STATUS REPORT STAFF RECOMMENDATION: Informational only. John Cherbone, Public Works Director, presented staff report. Director Cherbone briefly explained that the City of Saratoga is in compliance with the settlement stipulations of the Mutual Release And Settlement Agreement with the City, the San Francisco Bay Keepers and the Friends of the Santa Clara Creeks. Don Whetstone, 14768 Vickery Avenue, noted that the City and all participating agencies have been diligently working to solve the problems associated with faulty sewer lines throughout the City. Mr. Whetstone commended City staff for their hard work and dedication to this project. In regards to Item G in the Settlement Agreement, Vice Mayor Baker noted that West Valley Sanitation has found the primary cause of contamination at the storm drain outfall at Saratoga -Sunnyvale Road. The City Council expressed their gratitude to Mr. Whetstone for all his efforts to help the City deal with this issue. NEW BUSINESS SEWER LATERAL ORDINANCE & ABATEMENT OPTIONS FOR BELOW-GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. Attorney Taylor noted that as part of the City's ongoing effort to address potential sources of contamination to Saratoga Creek, the City Council directed staff to prepare an ordinance establishing an inspection program for sewer laterals and requiring installation of sewer lateral improvements to facilitate inspections. hi addition, the Council directed staff to investigate options available to property owners relying on septic systems because their property is below grade relative to public sewer system. Attorney Taylor noted that the draft sewer lateral ordinance seeks to build upon existing provisions on the City Code authorizing the City to order repairs to leaking sewer laterals. The draft ordinance requires properties to be inspected for leaking laterals (1) upon sale or transfer, and (2) in connection with any significant improvements to the plumbing system on the property. In addition, the ordinance requires installation of sewer clean-out junctions in order to facilitate the inspection process. Attorney Taylor briefly described the existing code and a detailed description of the draft ordinance. Attorney Taylor stated that the draft ordinance would make three substantial amendments to the City Code: 1. Section 2.1-requires lateral inspections and installation of a two-way cleanout at the property line upon sale or transfer of all property and upon commencing work on any major plumbing project. 2. Section 2.2 -amends the Plumbing Code to require atwo-way cleanout at the property line for all new construction. 3. Section 2.3 -amends the Plumbing Code to specify that visual inspections of sewer laterals with video cameras are permitted in the discretion of the building inspector. Attorney Taylor explained the concern with properties, which have below grade exceptions. Attorney Taylor noted that it is generally believed that these septic systems, which are generally near creeks, are contributing to the pollution problems. Tlae most effective way to eliminate this source of pollution is to regLtire these properties to comrect to the sewer system. Attorney Taylor noted that the main concern with eliminating the below grade exemption are additional costs to property owners beyond the "standard" septic abatement and Che problems associated with pump facilities. Vice Mayor Baker expressed his concern regarding the cost of homeowners, noting that most homes in Saratoga are at least 30 years old and not many of those have two clean outs. Vice Mayor Baker noted he could support implementing the ordinance when the house changes ownership. Councilmembcr Mehaffey concurred with Vice Mayor Baker that homeowners do not need the extra financial burden of installing an additional clean out on their properiy. Mayor Streit noted his concerns are the triggers that would make homeowners spend a lot of money to be in compliance. Don Whetstone, 14768 Vickery Avenue, noted that the City should focus on the properties near the creek. Mr. Whetstone noted that other Bay Area Communities already have similar ordinances. Mayor Streit suggested that the description of "remodels"' be clarified in the draft ordinance. Consensus of the City Council to direct staff to prepare a revised draft of the ordinance for fitrther discussion. The revisions should (1) require inspection and clean-out only on sale of the property or major remodeling projects (e.g., more than 50% of the structure), (2) limit the use of video testing, and (3) require installation of one-way stop-check valves at the property line at the same time that clean-outs are installed. The revised ordinance should also amend the City Code requirements governing septic system abatement to remove the exemption for below-grade systems. Staff was directed to investigate the costs of complying with the proposed ordinance and the possibility of limiting the ordinance to properties within the vicinity of creeks. The revised draft ordinance and additional information should be brought back to the City Council for fiuther discussion and public comment before the ordinance is placed on the agenda for formal adoption. 8. AUTHORI%ATION TO CITY MANAGER TO EXECUTE AN AGREEDILNT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SATL'TY CENTER DESIGN CONCEPT STAFF 1ZI;COMMENDATION: Authorize agreement and adopt resolution. Dave Anderson, City Mazrager, presented staff report. City Manager Anderson noted that this item was continued from the December 5, 2001 City Council meeting due to the fact that the Saratoga Fire District filed a law suit against the City of Saratoga. City Manager Anderson explained that Council directed him to ask the Fire District if they would still be interested in participating in the Ad Hoc Committee. City Manager Anderson noted that he recently talked to Commissioner Egan and confirmed the future participation of the Commission on the Ad Hoc Committee. Don Whetstone, 14768 Vickery Avenue, noted that he is a member of the AdHoc Committee. Due to the recent lawsuit filed by the Saratoga Fire District, Mr. Whetstone stated that he feels this project should be put on hold. Arvin Engelson, 203814 Sea Gull Way, noted that he is a member of the AdHoc Committee and noted that he disagrees with Mr. Whetstone. Mr. Engelson noted that the project should move forward as planned. MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH ATI ARCHITEC"fS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN COQ CEPT. MOTION PASSED 4-01- WITH BOGOSIAN ABSENT. 9. CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN BONA~\ \ O V. CENTRAL CONTRA COSTA TRANSIT AUTHORITX STAFF RECOMMENDATION: Approve requests to join amicas briefs. Richard Taylor, City Attorney, presented staff report. Attorney Taylor explained that the City's support was currently being sought in Bonarmo v. Central Contra Costa Transit Authority, a case of possible concern to the City. Attorney Taylor noted that Bonnano concerns public agency liability for dangerous conditions in the vicinity of agency property. In Bonnano the plaintiff was iuj used in a crosswalk leading to a bus stop maintained by the Central Contra Costa Transit Authority. The plaintiff alleged that maintaining a bus stop near a busy uncontrolled intersection constitutes a dangerous condition of public property. Attorney Taylor pointed out that the Court of Appeal agreed with the plaintiff and held that the bus stop beckoned pedestrians to use the dangerous crosswalk and could h ve been made safer by being removed altogether or relocated. BAKER/WALTONSMITH MOVED TO APPROVE REQUEST TO JOIN THE AMICUS BRIEF. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 10. REVIEW OF DRAFT COUNCIL MASTER MEETING CALENDAR FOR 2002 STAFF RECOMMENDATION: Accept report and direct staff accordingly. Consensus of the City Council to accept Council Master meeting Calendar for 2002 with the addition of adding all the school districts to the City Council meeting of June 25, 2001. 11. COUNCIL AGENCY ASSIGNMENTS AND COMMISSION LIAISONS STAFF RECOMD~IENDATION: Mayor to solicit preferred assignments form Councilmembers. Mayor Streit requested that Che Councilmembers submit their preferences to him by Friday, December 14, 2001. Mayor Streit noted that continuity is important on the various agencies so perhaps some liaison positions should remain the same. Mayor Streit noted that a resolution confirming the appointments would be brought bacl: to the Council for approval on December 19, 2001. CITY COUNCIL I'IT:~9S Councilmember Waltonsnvth thanked City staff for organizing the reception this evening. Vice Mayor Baker referred to a letter sent to Council from Julie Barsumia. Vice Mayor Baker asked iftherc has been any follow up to this letter. City Manager Anderson noted he would follow up tomorrow and report back to Council. OTHER None CITY MANAGER'S REPORT City Manager Anderso;r reminded the Council that he would be on vacation from December 19- January 2, 2002. City Manger Anderson noted that Assistant Manager Tinfow would be Acting City Manager while he is gone. 10 ADJOURNMENT Mayor Streit adjourned fhe meeting at 10:35 p.m. Respectfully s mitted, Teen o e , Cl~ ~~ City Clerk 11