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HomeMy WebLinkAbout06-20-2007 City Council MinutesMINUTES SARATOGA CITY COUNCIL MEETING JUNE 20, 2007 The City council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30pm ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel- Existing Litigation (Subdivision (a) of Section 54956.9) Name of case: Christiano v. City of Saratoga. Santa Clara County Superior Court 106CV- 072297. Conference With Legal Counsel- Existing Litigation (Subdivision (a) of Section 54956.9) Name of case: Giberson v. City of Saratoga (real parties Byrd, Oak Creek Partners LLC and Maston) Santa Clara County Superior Court Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbara Powell, Assistant City Manager, and Monica LaBossiere, Human Resources Manager. Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager and Monica LaBossiere, Human Resources Manager Employee organization: Millmen Industrial Carpenters Local 262 MAYOR'S REPORT ON CLOSED SESSION Mayor Kao stated there was no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith and Mayor Kao. ABSENT: None ALSO Dave Anderson, City Manager PRESENT Richard Taylor, City Attorney Cathleen Boyer, City Clerk Barbara Powell, Assistant City Manager John Cherbone, Public Works Director John Livingstone, Community Development Director Mary Furey, Administrative Services Director Michael Taylor, Recreation Director Macedonio Nunez, Assistant Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA Cathleen Boyer, City Clerk, reported that Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on June 14, 2007. ORAL COMMUNICATIONS Citizen Ray addressed the Council regarding the sale of a portion of Vasona Park. Cathleen Casey addressed the Council regarding the review of the General Plan at the previous City Council meeting. She voiced several complaints about the City Council meeting, the General Plan and the process for both. Ms. Casey thought there were several items that were left off the General Plan. In addition, she suggested a referendum to allow more citizen involvement and suggested the General Plan be discussed at a more reasonable time during the Council meetings so that more citizens can attend. She also suggested that the Village historic area needs to have boundaries drawn and that the arson prevention ordinances need attention. Willys Peck addressed the Council regarding Saratoga's Historical Landmark status #435, which was designated in the 1950's prior to the incorporation of the City. He also requested that the General Plan be amended to include a defined histonc district that would include the facilities that made Saratoga a landmark. Jim Stallman addressed the Council announcing June 30 was the date that the VTA will reduce bus lines within Saratoga from 4 to 3 and noted that one of the buses being cut is the one going to CalTrain. He noted that Saratoga residents are paying a one cent sales tax to pay for the bus service and requested that Council become involved. COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith asked that staff be aware of what Citizen Ray noted regarding the Town of Los Gatos. She also asked if we were deficient on fire ordinances and asked that it be looked into. She suggested that the Saratoga Village boundary issue be taken back to the Heritage Preservation Commission for review. Councilmember King suggested that each Councilmember provide feedback to Dolly Sandoval, the VTA representative from Cupertino and if citizens want to get involved, they should also contact Dolly. COMMUNICATIONS FROM COMMISSIONS Saratoga Traffic Safety Commissioner Brigitte Ballingall addressed the Council regarding the Joint Meeting with Council prior to the Regular Meeting. She noted that there has been a significant increase in neighborhood traffic and that neighborhoods are experiencing frequent and excessive speeding. She suggested an education campaign and a greater use of radar feedback to deter speeding. She also requested funding from the Council Contingency Fund to add more signs. Ms. Ballingall also announced that there is an opening on the Commission and she encouraged anyone with an interest to contact the City Clerk. Councilmember Hunter asked if there were patterns of behavior that Ms. Ballingall could cite as being more problematic than others. 2 Ms. Ballingall noted that speeding in 25 mph residential zones was the main issue. She also noted that schools should be more accessible via sidewalks and protected bike lanes to encourage walking and riding bikes. Councilmember King asked if staff could look into the utilization of Council Contingency Funds for traffic signage in neighborhoods. ANNOUNCEMENTS Vice Mayor Waltonsmith announced that Council meetings are now "green" and that Council members are using laptops instead of paper to view the agenda; KSAR Channel 15 has a new program, "Spotlight on Saratoga" viewable Mondays and Fridays at 7:30pm and Tuesdays and Thursdays at 11:00A.M.; and Hakone Gardens has a moon viewing on September 21. Councilmember Chuck Page announced that Azule Park is hosting a July 4th event, a Special Board meeting will be held at the Monte Sereno City Council chambers, 1804 Saratoga/Los Gatos Road, Thursday evening at 5:OOpm to discuss the new garbage collection service, and noted the topic will specifically address the "hard to service" areas. The website, www.westvalleyrecycles.com, is available for more information. Councilmember King suggested notifying the Mercury Newspaper and the Saratoga News about the City of Saratoga being one of the first cities to go with the "paperless agenda" for council meetings and suggested that staff keep track of how much paper is being saved by the paperless agenda and packet. Councilmember Hunter announced that the Village shops have published a directory; a dance will be held on July 14 and July 28 in the Bank of America parking lot; and the Saratoga Historical Museum is opening a garden exhibit, which has patented historic plants some of which are now popularized around the world. Mayor Kao thanked staff for helping Council to go green by implementing the paperless agendas and packet material. CEREMONIAL ITEMS 1. APPOINTMENT OF YOUTH COMMISSIONER AND OATH OF OFFICE STAFF RECOMMENDATION: Adopt the attached resolution appointing one member to the Youth Commission and direct the City Clerk to administer the Oath of Office. RESOLUTION 07 -039 WALTONSMITH/PAGE MOVED TO ADOPT THE RESOLUTION APPOINTING ONE MEMBER TO THE YOUTH COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5 -0 -0. 2. PROCLAMATION DECLARING THE MONTH OF JULY 2007 AS "PARKS AND RECREATION MONTH" 3 STAFF RECOMMENDATION: Present proclamation. Mayor Kao read and presented the proclamation to Interim Recreation Director Michael Taylor. SPECIAL PRESENTATIONS 3. CARDEA CENTER FOR WOMEN STAFF RECOMMENDATION: Informational only. Lata Patin, President, and Lois Fiedler, made a short presentation about the Cardea Center for Women and announced their new website for networking, skills training and information on how to become involved in government. Ms. Fiedler described their program, which encompasses micro enterprise, mentoring, leadership and awareness of national women's concerns. Their plan is to have a physical center at some point. Councilmember King suggested they contact the Saratoga Rotary, which might provide a small grant. 4. CERT PRESENTATION STAFF RECOMMENDATION: Informational only. Jim Yoke, Emergency Services Coordinator, presented the Community Emergency Response Team (CERT), a program the City is undertaking. It is a nationwide program started in 1985 to help cities prepare for disasters. The program in Saratoga started last autumn and involves cooperation between cities, State and Federal agencies, and local partnerships with school districts. The long range plan is made up of small teams throughout the City's neighborhoods, reacting to needs, providing communications, and sharing resources. A successful training Academy was completed with the neighborhood teams. The next CERT Academy will be July 12 through August 18, 6:OOpm to 10:OOpm Thursdays and 9:OOam to 1:OOam Saturdays at the Saratoga Community Center. Sign up through the Recreation Department. Dave Anderson applauded the Saratoga Fire Department who hired Jim Yoke for the position and stated that State and Federal funding allows CERT to purchase needed emergency supplies for the program. Councilmember King asked what age group would be accepted in the program. Mr. Yoke responded that High School age would be the youngest. 4 CONSENT CALENDAR 5. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable payment cycle: June 7, 2007. Kathleen Casey requested to remove this item for discussion. Ms. Casey asked that the check register expenditures be published at the library for public viewing and asked if city funds were used for the City's 50 Anniversary event. Councilmember King noted that since September 6, every document the Council receives is now available on the Internet via the City's website, which is accessible in the library. Councilmembers King, Page and City Manager Dave Anderson clarified that no City funds were spent on the 50 Anniversary event. WALTONSMITH/KING MOVED TO ACCEPT THE CHECK REGISTER FOR THE FOLLOWING ACCOUNTS PAYABLE CYCLE: JUNE 7, 2007. MOTION PASSED 5 -0 -0. 6. TREASURER'S REPORT FOR APRIL 2007 STAFF RECOMMENDATION: Accept Treasurer's Report WALTONSMITH/PAGE MOVED TO ACCEPT THE TREASURER'S REPORT FOR APRIL 2007. MOTION PASSED 5 -0 -0 7. 2007/08 ANNUAL INVESTMENT POLICY STAFF RECOMMENDATION: Approve 2007 /08 Annual Investment Policy WALTONSMITH/PAGE MOVED TO APPROVE THE 2007/08 ANNUAL INVESTMENT POLICY. MOTION PASSED 5 -0 -0 8. UPDATED LAIF RESOLUTION STAFF RECOMMENDATION: Approve Updated LAIF Resolution 5 RESOLUTION NO. 07 -036 WALTONSMITH/KING MOVED TO APPROVE THE UPDATED LAIF RESOLUTION. MOTION PASSED 5 -0 -0 9. 2006 CONCRETE REPAIR AND REPLACEMENT PROGRAM CONTRACT CHANGE ORDER STAFF RECOMMENDATION: Approve Change Order to Contract RESOLUTION NO. 07 -041 WALTONSMITH/PAGE MOVED TO APPROVE THE CHANGE ORDER TO THE 2006 CONCRETE REPAIR AND REPLACEMENT PROGRAM CONTRACT. MOTION PASSED 5 -0 -0 10. EXTENSION OF CONTRACT FOR STREET SWEEPING SERVICES STAFF RECOMMENDATION: 1. Move to extend Street Sweeping Contract to Universal Sweeping Services from July 1, 2007 to June 30, 2008 n the amount of $95,000.00 2. Move to increase the rate of compensation of curb miles by 3.2% from $22.21 to $22.94 per curb mile. Councilmember Hunter removed this item for clarification. Councilmember Hunter inquired about Third Street cleaning. Public Works Director Cherbone responded that Third Street is part of the residential area and not cleaned in the same manner that Big Basin Way is cleaned Director Cherbone added that he has a contingency fund to add sweeping of Third Street. Cherbone also clarified that the report contained an error and that the actual cost is 2 cents less per mile at $22.92, rather than $22.94 per curb mile. He noted that the frequency of sweeping in the Village is four times per month; all other streets are monthly. PAGE/HUNTER MOVED TO APPROVE EXTENSION OF CONTRACT FOR STREET SWEEPING SERVICES. MOTION PASSED 5 -0 -0. 11. 2006 ANNUAL CONCRETE REPAIR PROJECT EXTENSION OF CONSTRUCTION CONTRACT TO BUILD RETAINING WALL AT WEST VALLEY COLLEGE STAFF RECOMMENDATION: Approve Change Order WALTONSMITH/PAGE MOVED TO APPROVE THE CHANGE ORDER 6 TO THE 2006 ANNUAL CONCRETE REPAIR PROJECT CONSTRUCTION CONTRACT. MOTION PASSED 5 -0 -0 12. APPROVAL OF INDEPENDENT CONTRACTOR AGREEMENT FOR METROPOLITAN PLANNING GROUP STAFF RECOMMENDATION: Approve Agreement. Kathleen Casey requested that this item be pulled from the Consent Calendar and requested clarification regarding the function of this group and if they were contracted to work on the General Plan. Community Development Director Livingstone clarified that Community Development has budgeted for a contract planner for the last three years to handle project overflow on regular planning projects and to cover staff vacancies when there is turnover in the department. Metropolitan Planning Group was not involved in the General Plan update process. KING /WALTONSMITH MOVED TO APPROVE INDEPENDENT CONTRACTOR AGREEMENT FOR METROPOLITAN PLANNING GROUP. MOTION PASSED 5 -0 -0. 13. SECOND READING AND ADOPTION OF AN ORDINANCE CORRECTION TO SECTION 15- 29.010 (b) OF THE SARATOGA CITY CODE RELATING TO HEIGHT RESTRICTIONS FOR FENCES AND WALLS IN SETBACK AREAS. STAFF RECOMMENDATION: Grant the Second Reading and adopt the ordinance approving the correction to Section 15- 29.010(b) of the Saratoga City Code relating to height restrictions for fences and walls in setback areas. Kathleen Casey addressed the Council questioning the use of Council time in affecting this change. Councilmember Page clarified that this merely is a phrasing change to clarify that the current height restriction is also in effect for setback areas. KING /PAGE MOVED TO GRANT THE SECOND READING AND ADOPT THE ORDINANCE APPROVING THE CORRECTION TO SECTION 15- 29.010(b) OF THE SARATOGA CITY CODE RELATING TO HEIGHT RESTRICTIONS FOR FENCES AND WALLS IN SETBACK AREAS. MOTION PASSED 5 -0 -0. 14. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE AND FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE SERVICES STAFF RECOMMENDATION: Authorize City Manager to execute agreement for Countywide AB 939 7 Implementation Fee and the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Programs. Councilmember King removed this item for clarification. Councilmember King noted her question for this item as already been clarified. K1NG /WALTONSMITH MOVED TO ACCEPT COUNTYWIDE AB 939 IMPLEMENTATION FEE AND THE FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5 -0 -0. 15. ADOPTION OF RESOLUTION AMENDING RESOLUTION NO. 04 -007, ADDING A POLICY CONCERNING CITY SANCTION OF COMMUNITY EVENTS TO COUNCIL POLICY ON NORMS OF OPERATIONS AND RULES OF ORDER AND PROCEDURE. STAFF RECOMMENTATION: Adopt Resolution Kathleen Casey addressed the Council with comments about what to include in the policy. RESOLUTION 07 -075 KING/PAGE MOVED TO ADOPT THE RESOLUTION AMENDING RESOLUTION 04 -007, ADDING A POLICY CONCERNING CITY SANCTION OF COMMUNITY EVENTS TO COUNCIL POLICY ON NORMS OF OPERATIONS AND RULES OF ORDER AND PROCEDURE. MOTION PASSED 5 -0 -0. PUBLIC HEARINGS None OLD BUSINESS 16. PLAQUES FOR HISTORICAL PROPERTIES. STAFF RECOMMENDATION: Approve Heritage Preservation Commission plaque design. Community Development Director John Livingstone presented the staff report. Background: On Council's acceptance of the idea of giving plaques to historic building owners, Council had requested the Heritage Preservation Commission (HPC) request that homeowners who have had their property declared histonc and who accept the plaque, agree to display the plaque visibly on the outside of the home and business owners with a historic property return their plaque for final acceptance. 8 Councilmember King asked that a plaque be passed around for acceptance. Councilmember Page asked that the language concerning accepting and displaying the plaque be clarified so homeowners know they are agreeing to permanently and visibly display the plaque on the outside of their homes. Councilmember King requested that there be a printed name next to the signature. The HPC representative, Norm Koepernik addressed the Council, reiterating that the building and homeowners who receive a plaque will place them in a visible and permanent location. There will be a ceremony for receipt and installation of the plaques and Council will be invited. Councilmember Page asked if there would be written documentation of the historic buildings. Norm responded that the buildings would be on the walking tour. Kathleen Casey addressed the Council noting that there are many homes that should have the plaque and that they should have the plaques installed quickly. Vice Mayor Waltonsmith noted that the plaques should go forward and an additional list should be put together for additional buildings. WALTONSMITH/PAGE MOVED TO ACCEPT HERITAGE PRESERVATION COMMISSION'S DESIGN OF THE PLAQUE FOR HISTORIC PROPERTIES MOTION PASSED 5 -0 -0. 17 RESPONSE TO SANTA CLARA COUNTY CIVIL GRAND JURY REPORT ON NORTH CAMPUS SALE STAFF RECOMMENDATION: Review Response to Grand Jury Report and direct staff accordingly. City Attorney Taylor provided a brief staff report noting that at the last Council meeting Staff presented the Grand Jury Report, which required a response. The Council provided direction to Staff regarding that response and a letter was drafted agreeing with the findings of the Grand Jury and proposed implementation suggestions. Dr. Stutzman addressed the Council, and encouraged the Council to implement the suggestions of the Civil Grand Jury and make it known to members of the community. Kathleen Casey addressed the Council in favor of implementing the suggestions of the Grand Jury report. Vice Mayor Waltonsmith agreed that policies and procedures should be in place to document large purchases and agreed with the Grand Jury report. Councilmember Page was in agreement with documenting communications and agreed to support the findings of the Grand Jury report. 9 Mayor Kao asked Attorney Taylor for clarification regarding required documentation for purchase greater than $2 million Attorney Taylor noted that the wording did specify purchases over $2 million and that wording could be changed to be inclusive of $2 million. Councilmember Page noted that it should be incumbent upon staff to recognize when a purchase required formal documentation. WALTONSMITH/KING MOVED TO APPROVE THE RESPONSE TO THE SANTA CLARA COUNTY CIVIL GRAND JURY REPORT ON THE NORTH CAMPUS SALE. MOTION PASSED 5 -0 -0. 18. ADOPTION OF FISCAL YEAR 2007 -08 PROPOSED OPERATING BUDGET. STAFF RECOMMENDATION: Approve Resolution approving the Proposed Operating Budget for FY 2007 -08. Administrative Services Director Furey provided a brief staff report and requested approval of the proposed budget. Cathleen Casey addressed the Council requesting the budget be viewable at the time of discussion. Councilmember King suggested a small budget be included for consultants related to the City's pursuit of its Tax Equity Allocation. RESOLUTION 07 -040 WALTONSMITH/PAGE MOVED TO APPROVE THE RESOLUTION APPROVING THE OPERATING BUDGET FOR FY 2007/08. MOTION PASSED 5 -0 -0. 19. COMMUNITY DEVELOPMENT ADVANCE PLANNING PRIORITIES STAFF RECOMMENDATION: Provide direction to staff on Advance Planning Priorities Community Development Director Livingstone addressed the Council, recommending the following Advance Planning priorities: the Housing Element, Sign Ordinance and the Fence Ordinance He noted there are several additional ordinances of interest to the Council that could be added: the Blighted Property Ordinance; the Guidelines for Land Use near Streams; The News Rack Ordinance; the Noticing Ordinance; and the Story Pole Ordinance. Councilmember Page summarized his understanding of the process for an ordinance. Director Livingstone clarified that depending on who is involved in the writing of the ordinance (e.g. a committee, staff, the community, etc.) could influence the timeframe for completion. 10 Councilmember Page asked if there were any of these additional ordinances that might be close to being presented to Council. Director Livingstone noted that the Fence, Story Pole, Noticing and News Rack ordinances might be close to being ready for presentation to the Council. Councilmember Hunter questioned the need for a new Sign Ordinance. Director Livingstone responded that Legal Counsel suggested the Sign Ordinance needs the most revision. Mayor Kao invited public comment. Cathleen Casey addressed the Council and requested an Arson Ordinance be developed, and agreed the Housing Element needed attention and requested that contract planners not be utilized. There being no other speakers, Mayor Kao closed public comment. Council debated the issue at length. KING/PAGE MOVED TO TAKE BLIGHT AND NEWS RACK ORDINANCES TO PLANNING COMMISSION TO MOVE THEM FORWARD. IF TOO COMPLICATED, THEY SHOULD BE BROUGHT BACK TO THE COUNCIL FOR DIRECTION. FENCE AND SIGN ORDINANCE WILL BE PREPARED BY STAFF AND SENT TO THE PLANNING COMMISSION. ALL OTHER ITEMS WILL BE SECOND TIER AND PREPARED AS TIME ALLOWS. HOUSING ELEMENT WILL SIMULTANEOUSLY BE PREPARED BY AN OUTSIDE CONTRACTOR. MOTION PASSED 5 -0 -0. NEW BUSINESS 20. REQUEST TO THE CITY OF SARATOGA TO SUPPORT THE REQUEST FROM THE SARATOGA MINISTERIAL ASSOCIATION TO ANNUALLY SPONSOR NEIGHBORHOOD BLOCK PARTIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, reported that Arvin Engelson had emailed the City Clerk requesting that the City support the neighborhood block parties. Arvin Engelson, on behalf of the Ministerial Association, representing 20 churches in Saratoga, requested that the Council annually support the neighborhood block parties. Councilmember King suggested that the Council support the block parties with contingency monies. KING /WALTONSMITH MOVED TO SUPPORT AND SPONSOR THE EVENT AND DIRECT STAFF TO PLACE THE ITEM ON THE 11 CONSENT CALENDAR FOR A FUTURE MEETING TO APPROVE $2,500 FROM THE COUNCIL'S CONTINGENCY FUND. MOTION PASSED 5 -0 -0. 21. APPEAL OF ENCROACHMENT PERMIT APPLICATION NO 07 -079, WHICH WAS APPROVED BY THE CITY ENGINEER, ALLOWING CONNECTION OF A PRIVATE DRIVEWAY TO WARDELL ROAD AT 20865 WARDELL ROAD. STAFF RECOMMENDATION: Affirm issuance of the encroachment permit subject to any additional conditions recommended by the City's Traffic Engineer. Public Works Director Cherbone presented the staff report. Director Cherbone noted the Applicant has applied for an Encroachment Permit for their driveway to connect with Wardell Road. The appellant has multiple issues; safety of the roadway as it connects with Wardell, runoff and trash pickup issues, designation of Wardell, (cul -de -sac or dead end) and if the item should be deferred. Traffic engineers feel some improvements could be made to satisfy driveway issues. Mayor Kao invited public comment. Jack Chevlen, attorney for homeowner Mr. Matt Christiano, addressed the Council regarding the concerns the applicant has voiced and supports continuing the item to a later meeting. He noted that the traffic engineer's report was not received until Monday, June 18 which was only two days before the June 20 council meeting for the appellant to review and respond. He requested a continuance to be given time to present his case. Bart Hechtman addressed the Council on behalf of the four families who purchased the parcels. He requested that the continuance be denied. He commented that they agree with all the safety conditions recommended by Staff, which is 75 feet of visibility, a stop sign and safe merging onto Wardell and felt that all conditions have been met. Mr. Pang, Traffic and Engineering Consultant to Mr. Christiano, addressed the Council. He provided a letter and a brief summary of his comments to Council. He cited that the driveway used by Mr. Christiano connects with the proposed driveway before it merges to Wardell and would conflict with vehicles on Mr. Christiano's driveway. Mr. Christiano addressed the council for rebuttal and requested a continuance. Mr. Chevlen and Mr. Pang readdressed the Council for rebuttal to reiterate a request for a continuance and disagreement with the City Traffic Engineer's report. Mr. Hechtman readdressed the Council to reiterate disagreement with the continuance and the charges made by the appellant. He also briefly described the conditions which determined the location of the driveway. 12 Mayor Kao closed the public comment. Councilmember King asked Staff member Nunez about the grading discrepancy. Staff member Nunez clarified that a variance was provided by the Fire Department as long as a rougher surface such as concrete was provided. The variance was to enable a 17% grade as opposed to the standard 15% grade. Council discussed the issues at length. Councilmember Hunter suggested a continuance. Councilmember Page suggested a continuance no later than July 18. Councilmember Waltonsmith suggested a decision be made tonight. HUNTER/KAO MOVED TO CONTINUE DISCUSSION AT THE JULY 18, 2007 COUNCILMEETING. MOTION FAILED 2 -3 -0 WITH COUNCILMEMBERS PAGE, KING AND VICE MAYOR WALTONSMITH OPPOSING. Mayor Kao invited public comment. Kathleen Casey spoke in favor of the continuance. Mr. Chevlen spoke in favor of the continuance. Mr. Pang reiterated that in his opinion the driveway posed an unsafe condition. Mr. Hechtman spoke against the driveway being unsafe. Mr. Christiano reiterated his belief that the proposed driveway is unsafe. Mr. Cheedle, one of the new homeowners, requested the proposal be approved. Mayor Kao closed the public comments. Vice Mayor Waltonsmith and Councilmember King spoke in favor of denying the appeal with suggested amendments by Council. Councilmember Page spoke in favor of denying the appeal with the condition that the stop sign be installed, and reiterated that the other issues of garbage and run off have been addressed adequately. Councilmember Hunter reiterated the issue of safety, suggested that the neighbors work together to maintain a safe environment and spoke in favor of denying the appeal. Mayor Kao spoke in favor of denying appeal based on her opinion that all 13 issues were adequately addressed. RESOLUTION NO. 07 -035 WALTONSMITH /PAGE MOVED TO DENY APPEAL AND AFFIRM THE CITY ENGINEER'S ENCROACHMENT PERMIT APPLICATION 07 -079 WITH THE ADDITION OF #IV, "NO ENCROACHMENT PURSUANT TO THIS PERMIT SHALL BE VALID UNLESS THE COMMON DRIVEWAY IS SUBJECT TO THE CALIFORNIA VEHICLE CODE AND THE STOP SIGN REQUIRED BY THE PERMIT IS IN PLACE MOTION PASSED 5 -0 -0. Mayor Kao declared a 5 minute break at 10:OOPM. Major Kao reconvened at 10:05PM. 22. OPTIONS FOR ADDRESSING CLIMATE CHANGE. STAFF RECOMMENDATION: Provide direction to staff. Assistant City Manager, Barbara Powell presented the staff report about Climate Change and current options being planning and implemented. These include: The "West Valley GREEN LEAF Committee with a mission "to enlist citizens of our communities as possible in participating in greenhouse gas emission reductions, green business, building, and living practices, and environmental sustainability through education, promotion, and demonstration; The Santa Clara County Cities Association's Joint Policy Collaborative Committee, which is recommending a number of steps to pursue in support of mitigating the effects of climate change; A webpage for the City's website, highlighting priority Green Building options residents can undertake dunng remodel and new construction. The webpage will provide links to resources such as the San Mateo Countywide "Sustainable Buildings Guide and Joint Venture Silicon Valley Network's "Climate Protection Task Force" with a charter statement "to develop effective, collaborative, solutions for the reduction of greenhouse gas emissions from public agency operations by providing a neutral forum for city and county government agencies and special districts to learn from each other and from others about climate protection programs. Vice Mayor Waltonsmith noted that the idea of the West Valley Greenleaf Committee was to gather a volunteer citizen group to take on locally relevant Climate Change issues and that Saratoga could sponsor the first meeting to as a kick -off for the group. Councilmember King suggested that the City ask the three city Rotaries for funding. 14 Vice Mayor Waltonsmith suggested that all interested citizens submit their names to her. Mayor Kao invited public comment. Cathleen Casey addressed the council to suggest that the Parks and Recreation Commission be reinstated to be involved with kids on this subject. She also stated that the webpage was a good idea and to publicize data relative to recycling and waste. Mayor Kao closed the public comment. Vice Mayor Waltonsmith reiterated that all volunteers interested in the West Valley Greenleaf Committee should contact her and she will pick a date for the initial meeting. Councilmember King encouraged full use of the website to publicize information. Vice Mayor Waltonsmith asked Council to agree to the Santa Clara County Cities Association's Joint Policy Collaborative Committee recommendations. HUNTER/KING MOVED TO CONSIDER THE ADOPTION OF THE SCCCA's RECOMMENDATIONS FOR ADDRESSING CLIMATE CHANGE IN THE FUTURE IF THEY ARE FEASIBLE. MOTION PASSED 5 -0 -0. NEW BUSINESS 23. UPDATE OF THE BLANEY PLAZA BANNER POLICY AND CONSIDERATION OF A USE POLICY AND FEE SCHEDULE FOR RESERVED USE OF BLANEY PLAZA STAFF RECOMMENDATION: Adopt resolution updating the existing Blaney Plaza banner Policy and consider establishing a use policy and fee schedule for reserved use of Blaney Plaza. PAGE/KING MOVED TO CONTINUE ITEM #23 TO THE NEXT COUNCIL MEETING, DUE TO THE LATE MEETING HOUR. MOTION PASSED 5 -0 -0. 24. FEE SCHEDULE UPDATE FOR THE NORTH CAMPUS ADMINISTRATION BUILDING AND CONSIDERATION OF A NORTH CAMPUS BANNER POLICY STAFF RECOMMENDATION: Update the fee schedule for the North Campus Administration Building Main Room Rental and the Conference Room Rental and Consider Establishing a Use Policy and Fee Schedule for Hanging Banners at North Campus. 15 Recreation Director Taylor presented the staff report, recommending a fee of $100 for the main building room rental at North Campus and a $40 fee for the North Campus conference room. He also requested that Council consider a new use policy and fee schedule for a banner program at North Campus similar to the existing one at the main campus. Councilmember King asked for clarification on the non profit vs. resident fee schedule. She suggested that it follow the current guidelines. Mayor Kao invited public comment. Cathleen Casey addressed the Council and suggested that fees for Saratoga residents be reduced or eliminated until the use of North Campus is decided upon. Mayor Kao closed the public comment. WALTONSMITH/KING MOVED TO GO FORWARD WITH FEE FOR MAIN ROOM AT $100 AND $40 FOR CONFERENCE ROOM, THAT THEY MATCH THE CURRENT FEE STRUCTURE FOR NON PROFIT AND RESIDENT AND THAT THE BANNER DISCUSSION BE HELD AT THE NEXT COUNCIL MEETING. MOTION PASSED 5 -0 -0. 25. CITY REPRESENTATIVE ON THE SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) BOARD OF DIRECTORS STAFF RECOMMENDATION: Review report and appoint one Council member and the City Manager or his designee to serve on the SASCC Board of Directors. Recreation Director Taylor presented the staff report. Councilmember Page noted that Vice Mayor or designee be the representative for SASCC Board of Directors. Mayor Kao invited public comment. No comments from the public. Mayor Kao closed public comment. WALTONSMITH/PAGE MOVED TO APPOINT THE VICE MAYOR OR DESIGNEE AND THE CITY MANAGER TO SERVE ON THE SASCC BOARD OF DIRECTORS. MOTION PASSED 5 -0 -0. ADHOC AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao nothing to report. Vice Mayor Ann Waltonsmith nothing to report. 16 Councilmember Chuck Page reported: Chamber of Commerce close to signing an agreement. Chamber has completed their conference room and already have three requests to rent it. Councilmember Kathleen King reported: City School AdHoc close to an agreement for the use of Prospect H.S. fields. Councilmember Jill Hunter noted that she already gave her report at the beginning of the meeting regarding the garden exhibit at the Historical Foundation. CITY COUNCIL ITEMS Vice Mayor Waltonsmith would like to have an update on the design of the proposed trail around the Heritage Orchard. OTHER Councilmember King suggested that the agenda have page numbers. Mayor Kao noted she will be away for three weeks. CITY MANAGER'S REPORT City Manager noted that the Relay for Life will be held at Redwood Middle School on June 23 -24, from 10 am on Saturday to 10am.on Sunday. See City Clerk Boyer for details. ADJOURNMENT WALTONSMITH /PAGE MOVED TO ADJOURN THE REGULAR MEETING. MOTION PASSED 5 -0 -0. There being no further business, Mayor Kao adjourned the Regular meeting at 12:30AM. Res ectfull v submitted, Su livan, CMC City Clerk 17