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HomeMy WebLinkAbout06-19-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL JUNE 19, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: City of Saratoga v. Michael S. Costa (Santa Clara County Superior Court No. CV-806843) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION- 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Cathleen Boyer, City Clerk, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Lata Vasudevan, Assistant Planner Cary Bloomquist, Administrative Analyst Rick Torres, Public Works Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FORM JUNE 19, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 19, 2002 was properly posted on June 14, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga-Los Gatos Road, reported the latest incidents in his neighborhood in regards to the property located at 14480 Oak Place. Mr. Breck reported that since he was before the Council two weeks ago neighbors' trees have been cut. Mr. Breck stated that two neighbors have requested tree protection fences. Mr. Breck stated he has three issues he would like bring to the Council's attention: • A concrete wall has been constructed on the south side of the property. Holes have been dug that have damaged protected trees. • Extremely difftcult to receive status reports from the City. Mr. Breck requested that one person be responsible to communicate with his neighbors. • No notice was given of that item heazd at a recent Planning Commission meeting in regards to an appeal to remove a tree. Hollie Davies, 14478 Oak Place, reported that damage to the neighborhood trees is still taking place. Ms. Davies noted that most of the trees located at 14480 Oak Place have been killed or severely damaged also all of the tree on the peripheral have been killed or damaged. Ms. Davies stated that Barrie Coates, City Arborist, wrote an arborist report on four of the protected oak trees on her property. Mr. Coates recommended that in order to save her trees the following needs to happen; protective fencing, landscape plan radial trenching some the trees on her property have been damaged. Last Thursday, six weeks after the report was released, radial trenching was finally carried out. Ms. Davies stated that on June 14, 2002 New Life Tree Service began cutting the limbs of one of her protective oaks on the property line. Ms. Davies noted that she called Rhett Edmonds and when he arrived they left the property. Vice Mayor Baker asked if she was sure of the name of the tree service that cut her trees. Ms. Davies responded that she is pretty sure that New Life Tree Service was the company. Brett England, 13896 Yerba Santa Court, noted that he was preset this evening to report on the progress of the proposed VTA operator facilities at West Valley College. Mr. England thanked Councilmember Waltonsmith and City Manager Anderson for their help in this matter. Mr. England noted that he met with the VTA and West Valley College representatives. Mr. England noted that he recently presented two alternative locations to the Safety and Security Council at West Valley College. The next step would be to present the alternatives to the West Valley Board of Directors and the VTA Baard. City Council Minutes 2 June 19, 2002 Cheriel Jensen, 13737 Quito Road, requested a status report in regards to the Highway 85 Noise Mitigation Study. Ms. Jensen also thanked the Council for their support in opposing measure E. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker asked when the test section of microgrinding would take place on Highway 85. Councilmember Waltonsmith responded that Mr. Evanhoe has scheduled a public meeting on July 18, 2002. City Manager Anderson stated that the one-mile test strip should be completed by August. In response to Mr. Breck's comments, Vice Mayor requested the Arborist Report from Mr. Cutler's project. Mayor Streit reassured the public that the City Council is well aware of what is going on with this project and noted that staff has their full support. None CEREMONIAL ITEMS 1 A. APPOINTMENT AND OATH OF OFFICE FOR THE HERITAGE PRESERVATION COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING TOM LOWDER~'IILK, PATRICIA BAILEY, AND PAUL CONRADO TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED 5- 0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Heritage Preservation Commissioners. City Council Minutes 3 June 19, 2002 1B. APPOINTMENT AND OATH OF OFFICE FOR THE YOUT$ COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING VALERIE FARNUM TO THE YOUTH COMMISSION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Youth Commissioner. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT TO ALLOW REAL ESTATE OFFICE USE AS FH2ST FLOOR FRONTAGE AT 14500-14506 BIG BASIN WAY STAFF RECOMMENDATION: Conduct public hearing; deny the appeal. TITLE OF RESOLUTION: 02-049 RESOLUTION OF THE CITY COUNCIL DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING - 14500 BIG BASIN WAY Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that the applicant was denied a Conditional Use Permit to locate a real estate office in the 1,440 square foot corner storefront located at 14500 Big Basin Way. The proposed location abuts the existing 700 square foot storefront real estate office, which is located at 14508 Big Basin Way. The corner location houses the "Exclusively Yours Boutique" which is going out of business. The expansion would result in a combined office area of 2,140 square feet or the entire first floor of the 9,051 square foot two story building known as Pollack Plaza. The proposed change would render the Pollack plaza building street level frontage entirely non-retail in character. This outcome is inconsistent with the intent of the CH-1 zoning district, which is designed to maintain the retail vitality of Saratoga Village and encourage generation of sales tax revenue. Mayor Streit opened the public hearing at 7:35 p.m. City Council Minutes 4 June 19, 2002 Miles Rankin, Big Basin Way, noted that he took a survey of all of the business in the Village. Mr. Rankin explained the breakdown of the businesses and indicated that currently there are four vacant spaces in the Village. Mr. Rankin noted that he has been a resident in Saratoga for 50 years and a business owner (in the same spot in the Village) for 40 years. Mr. Rankin noted that he has been involved in the Chamber of Commerce, Rotary, Heritage Preservation Commission, Hakone Board member, Villa Montalvo Board member, and a member of the Real Estate Board. Mr. Rankin explained that his business has grown over the years and really needs more space. Mr. Rankin noted that if he is granted the permit he intends on remodeling the building and vacating his other office in the Buy and Save Center. Robert Pollock, Property Owner, Granite Way, noted that he has owned the building for 25 years. Mr. Pollock stated that he feels real estate is retail and Mr. Rankin should be allowed to expand his business. Mayor Streit closed the public hearing at 7;54 p.m. Councilmember Mehaffey stated the Mr. Rankin has been a key business owner and resident in Saratoga for many years. Councilmember Mehaffey stated that he does not agree with Mr. Pollock that real estate is destination retail. Councilmember Mehaffey noted that the City hired an Economic Development Coordinator last year to help revitalize the retail in the Village so he cannot support this appeal at this time. Councilmember Waltonsmith noted that Mr. Rankin has been a valued person ion this community. Unfortunately, Councilmember Waltonsmith stated that she cannot support an increase of a real estate office in the Village. Councilmember Bogosian noted that he would like to give the City's Economic Development Coordinator a chance to bring more retail stores into the Village. Councilmember Bogosian stated that perhaps some additional space could be made for Mr. Rankin in his current location. Councilmember Bogosian noted that he cannot support this appeal. Vice Mayor Baker stated that he would not support this appeal. Mayor Streit noted that he agrees with Councilmember Bogosian that the City should give the Economic Development Coordinator a chance to bring more retail into the Village. Mayor Streit stated that he sees no reason to overturn the Planning Commission's decision. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION 14500 BIG BASIN WAY. MOTION PASSED 5-0. City Council Minutes 5 June 19, 2002 4. ZONING ORDINANCE AMENDMENT REQUIREMENTS FOR BASEMENTS STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Lata Vasudevan, Assistant Planner, presented staff report. Planner Vasudevan explained the background on how the proposed amendment was formulated. Planner Vasudevan stated that last December a Planning Commission Subcommittee was formed, including herself and Planning Commissioner Chair Erna Jackman. The Subcommittee was formed for two purposes: 1. :Discuss issues that the planning staff and commission have come across when reviewing basements 2. Modify the current zoning ordinance to provide written clazification and written requirement to address these issues. Planner Vasudevan reported that on May 8, 2002 the Planning Commission adopted a resolution recommending that the City Council amend the Zoning Ordinance regarding requirements for basements in all zoning districts. The purpose of the amendment is to provide clarification and specify planning review requirements to address issues raised by Staff and the Planning Commission with regard to proposed basements. Planner Vasudevan noted that the proposed ordnance amendment will include a revised definition of "Basement", a definition of "Lightwell", planning review requirements, and size and setback requirements for proposed basements. In regards to the definition on hillside lots, Vice Mayor Baker asked for clarification on the slope of the land in comparison to the levels of house. Vice Mayor Baker stated that what if the because of the slope of the land exposes the basement where part of the rear wall is more than 42 inches out of the ground does it now become third story. Planner Vasudevan noted that staff feels that issue has been address by the requirement that states no one vertical measurements does not exceed the story limits. Councilmember Waltonsmith asked about the possibility of people constructing basements under secondary units. Planner Vasudevan noted that there are requirements regarding secondary units. Planner Vasudevan noted that one requirement is that a kitchen facility is prohibited, which helps prevent a room becoming a second unit. Councilmember Bogosian noted that Councilmember Waltonsmith's concern is more of an enforcement effort on the City. Director Sullivan noted that when the Planning Commission has doubts about the fixture use of a basement they a have a Covenant recorded on the deed. City Council Minutes ( June 19, 2002 A discussion took place on the City's requirement of a 4-foot requirement for lighwells compared to the UBC requirement of a 3-foot requirement. Mayor Streit opened the public hearing at 8:00 p.m. Cheriel Jensen, 13737 Quito Road, stated that she has some real issues about this ordinance. Ms. Jensen noted that she doesn't support excluding basements from the total square footage of a house. Ms. Jensen noted that the setback requirements should be at least 20 feet. Ms. Jensen pointed out that basements could produce mold. Director Sullivan noted that the existing basement ordinance does not include basement as a story or floor area in floor area ratio studies. Russ Edwards, 15145 Sobey Road, noted that he supports this ordinance. Mr. Edwards noted that he supports 4-foot lightwells. In regards to mold, Mr. Edwards stated with more lightwells and more windows it prevents a lot of mold growth. Mr. Edwards noted that as the size of house you can build on a $2 million dollar lot decreases the only place a developer can go is down. Mr. Edwards noted that he does not support taking away from the square feet of the house if the ceiling goes over 9 feet. Mr. Edwards stated ceilings should the 9-foot ceiling height limitation should be eliminated and make ceiling height 12-feet. Mayor Streit closed the public hearing at 8:20 p.m. In regards to ceiling limitation of 9-feet, Councilmember Mehaffey noted that he agrees with Mr. Edwazds that there should not be a ceiling limitation. Councilmember Mehaffey noted the setbacks requirements should be less for nonconforming lots. Councilmember Waltonsmith noted that she supports this ordinance. Councilmember Waltonsmith noted that she shares Councilmember Mehaffey's concerns regarding set backs for nonconforming lots. Councilmember Bogosian stated that he generally supports this ordinance. Councilmember Bogosian noted he also feels setbacks for nonconforming lots should be addressed. Councilmember Bogosian noted that he supports 4-foot lightwells. Vice Mayor Baker stated he generally supports this ordinance. Vice Mayor Baker noted that he supports a 12-foot ceiling limitation, it would help prevent people from violating the ordinance. Mayor Streit concurred with his colleagues. Mayor Streit suggested that setbacks for nonconforming lots be addressed at a future meeting. Director Sullivan suggested that this public hearing be continued the July 17, 2002 City Council meeting. BAKER/BOGOSIAN MOVED TO CONTINUE THIS ITEM TO JULY 17, 2002. MOTION PASSED 5-0. Ciry Council Minutes 7 June 19, 2002 5. ADOPTION OF HOUSING ELEMENT STAFF RECOMMENDATION: Conduct public heazing and adopt resolution. TTfLE OF RESOLUTION: 02-050 A RESOLUTION OF THE CITY COUNCIL GRANTING NEGATIVE DECLARATION OF ENVII20NMENTAL IMPACT TO THE ADOPTION OF THE HOUSING ELEMENT OF THE SARATOGA GENERAL PLAN TTTLE OF RESOLUTION: 02-051 A RESOLUTION OF THE CITY COUNCIL AMENDING THE GENERAL PLAN OF THE CITY OF SARATOGA BY ADOPTING A REVISED HOUSING ELEMENT Tom Sullivan, Community Development Director, presented staff report. Director Sullivan thanked the City Council for their diligence helping him draft the Housing Element. Director Sullivan noted that on June 11, 2002 he received a letter confirming the State's acceptance of the City's Housing Element. The City Council congratulated and expressed their sincere thanks and appreciation to Director Sullivan for his hard work and effort to draft the Housing Element for the City of Saratoga. Mayor Streit opened the public hearing at 8:48 p.m. Betty Feldheym, 20184 Franklin Avenue, commended the City on the approval of the Housing Element by the State. Ms. Feldheym suggested that the City try to implement some of the housing programs listed in the Housing Element. Cheriel Jensen, 13737 Quito Road, congratulated Director Sullivan for an approved Housing Element. Ms. Jensen referred to page 13 of the Housing Element and stated that people who suffer from disabilities. Ms. Jensen stated that many people suffer from chemical sensitive the housing Element should include ways to make our neighborhoods safe. Mayor Streit closed the public hearing at 8:55 p.m. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION GRANTING THE NEGATIVE DECLARATION OF ENVHtONMENTAL IMPACT TO THE HOUSING ELEMENT. MOTION PASSES 5-0. BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION AMENDING THE GENERAL PLAN OF THE CITY OF SARATOGA BY ADOPTING A REVISED HOUSING ELEMENT. MOTION PASSES 5-0. City Council Minutes $ June 19, 2002 OLD BUSINESS 6. UNION PACIFIC RAILROAD TRAIL VTA FUNDING UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that in light of Union Pacific Railroad Company's unwillingness to discuss land acquisition along their lien die to potential liability the plan to develop the Union Pacific Railbird Trail was deferred. Analyst Bloomquist noted that on Apri123, 2002 staff presented Council with the task Force `s options and noted that the VTA indicated that tier 1 funding, eazmarked for the U.P.R.R project, would probably be reallocated to other projects likely to be completed within the next 8 years. VTA staff indicated if Saratoga was able to secure an agreement with PG&E for usage of their easement for implementation of the trail, tier 1 funding may be available to offset incurred costs. Analyst Bloomquist noted that recent conversations with VTA staff have confirmed the VTA's willingness to set aside funding for Saratoga if the City is willing to negotiate with PG&E for the usage of their easement form Sazatoga- Sunnyvale Road to Saratoga Avenue for trail development. Analyst Bloomquist noted that VTA is willing to reserve funding for the trail segment identified as reach 3 in the feasibility study. The segment is 1.6 miles in length, with the goal of placing the trail on the PG&E easement. Projected development cost for reach 3 is $1,997,577.00 dollars, with a required local match by the City of 20%, or $399,515.40. Analyst Bloomquist noted that the City must submit a resolution to VTA by July 29, 2002 Councilmember Mehaffey noted that he would like more information on this before he is willing to support any negotiations with PG&E. Councilmember Waltonsmith noted the City could apply for grants to cover the City's 20% match. Mayor Streit noted that he could support the trail along this section as long as it is a public process. Councilmember Waltonsmith noted that she supports going forward to secure the funds and agrees that a public outreach program should be implemented. Logan Deimler, 14320 Springer Avenue, noted that he is a member of the Parks and Recreation Commission and the Trails Subcommittee. Mr. Deimler read a letter explaining why he feels Council should direct staff to act favorably in acquiring the $1.6 million dollars from VTA. City Council Minutes 9 June 19, 2002 Mr. Deimler noted that if the money if secured for the City of Saratoga the PRC would hold public meetings to inform residents of the purposed trail. Gregory Gates, 13226 Montrose Street, noted that he lives neaz the trail and use it frequently to walk his dog. Mr. Gates noted that everyone should look at this trail in the future. Mr. Gates noted that he fully supports the public outreach process. Cheriel Jensen, 13737 Quito Road, noted that she supports the trial. Consensus of the City Council to direct staff to pursue the VTA tier 1 funding by submitting the required application packet to VTA by July 5, 2002 and a resolution to the VTA by July 29, 2002. Also Council requested that the Pazks and Recreation Commission get options to possibly hire an independent consultant to facilitate community meetings. Councilmember Bogosian stated that he did not want to go down the same road the City went with the play fields and wanted the process for this project to be independent rather that user group driven. Mayor Streit declared aten-minute recess at 9:25 p.m. Mayor Streit reconvened the meeting at 9:30 p.m. PG & E PRESENTATION -DAWN JACKSON, GOVERNMENT RELATIONSREPRESENTATFVE STAFF RECOMMENDATION: Informational only. This item will be continued to July 17, 2002. 8. CITY OF SARATOGA SPRING 2002 CLEANUP SUMMARY STAFF RECOMMENDATION: Accept report and authorize payment of invoice. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that this years Spring 2002 cleanup event was a huge success, with high levels of resident participation, resulting in 293 tons of refixse being collected from Apri129-may 17, 2002. The cleanup event ran smoothly, with City staff receiving no complaint calls and several calls from residents supporting the event. Green Valley disposal Company provided exceptional service during the event, responding quickly and efficiently to customer needs and picking up all waste left out by our residents. Analyst Bloomquist explained that this year's cleanup event cost was $39,467.00, which was actually under the approved budget of $45,000.00. City Council Minutes 10 June 19, 2002 Analyst Bloomquist noted that tonight staff is recommending that Council authorize the City Manager to execute payment in the amount of $39,467.00 to Green Valley Disposal for the 2002 City of Saratoga Spring Cleanup. Vice Mayor Baker suggested that next year the program be restructured so residents the refuse that can be recycled won't end up in the landfill. Phil Couchee, General Manager/Green Valley Disposal Company, responded that a few years ago the City of Campbell attempted to do what Vice Mayor Baker suggested. The City of Campbell manually went through the refuse. The City of Campbell's attempt to recycle during their cleanup days cost them more money and they needed to use more trucks. Mayor Streit asked Mr. Couchee if holding the Spring Clean Up over athree-week period made the program run better. Mr. Couchee responded that athree-week program was easier on his crews. BAKER/BOGOSIAN MOVED TO ACCEPT REPORT AND AUTHORIZE PAYMENT OF INVOICE. MOTION PASSED 5-0. 9. COST RECOVERY HEARING FOR THE ABATEMENT OF 12623 QUITO ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-052 A RESOLUTION OF THE CITY COUNCIL ADOPTING COST RECOVERY FOR THE ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 12623 QUITO ROAD (COSTA) Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that Government Code 38773.1 allows the City to set ups procedures for recovery for abatement costs. Saratoga City Code Section 3-15.120 establishes this procedure for the City. This section of he City Code required the City Manager to keep an accurate accounting of the abatement costs, including investigative, administrative, direct abatement costs and other reasonably related costs. City Attorney Taylor noted that the total cost for the abatement at the property located at 12623 Quito Road is $85,887,51. MOVED TO ADOPT RESOLUTION TO RECOVER THE MONEY SPENT FOR ABATEMENT AT THE PROPERTY LOCATED AT 12623 OUITO ROAD. MOTION PASSED 5-0. City Council Minutes I I June 19, 2002 10. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR ARCHITECTURAL SERVICES FOR PHASE H OF THE GRACE UNITED METHODIST CHURCH RENOVATION PROJECT STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Dave Anderson, City Manager, presented staff report. City Manager Anderson requested that this item be continued to July 17, 2002. Consensus of the City Council to continue this item to July 17, 2002. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/WALTONSMITHMQVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2B. MAY FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. BOGOSIAN/WALTONSMITH MOVED TO ACCEPT MAY FINANCIAL REPORTS. MOTION PASSED 5-0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - J[INE 12, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMITH MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2D. SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM STAFF RECOMMENDATION: Accept report and authorize City Manager to execute agreement. Vice Mayor Baker requested that Item 2D be pulled from the Consent Calendar. City Council Minutes ] 2 June 19, 2002 Vice Mayor Baker noted that he feels the price to recycle latex paint is unreasonable and he feels discourages people to recycle it. Vice Mayor Baker requested that the City write a letter to the County asking why the charge is so high to recycle paint. BAKER/MEHAFFEY MOVED TO ACCEPT REPORT AND AUTHORIZE EXECUTION OF CONTRACT WITH THE PROVISO OF A LETTER FROM THE CITY REQUESTING AN EXPLANATION OF CHARGES ON LATEX PAINT. MOTION PASSED 5-0. 2E. 2002 CONCRETE & STORMDRAIN MAINTENANCE PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Declare lowest bidder; award contract; and authorize City Manager to execute agreement. BOGOSIAN/WALTON5MITHMQVED AWARD BID AND AUTHORIZE EXECUTION OF CONTRACT WITH GEORGE BIANCHI. MOTION PASSED 5-0. 2F. ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 206 AN ORDINANCE BY THE CITY OF SARATOGA AMENDING CHAPTER 15 OF THE SARATOGA CITY CODE RELATING TO SMALL WIND ENERGY SYSTEMS BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDINANCE - RELATING TO SMALL WIND ENERGY SYSTEMS. MOTION PASSED 5- 0. 2G. JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE ACTIVITIES PURSUANT TO TTTLE I OF HOUSING AND COMMUNITY DEVELOPMENT ACT STAFF RECOMMENDATION: Adopt resolution authorizing the Mayor to execute agreement. TITLE OF RESOTLUION:02-043 City Council Minutes 13 June 19, 2002 AUTHORIZING THE MAYOR OF THE CITY OF SARATOGA TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR THE PERIOD OF OCTOBER 1, 2002 -SEPTEMBER 30, 2005 BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION AND AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. 2H. RESOLUTION CONSENTING TO CHANGE OF CONTROL OF CATV FRANCHISE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOTLUION:02-047 RESOLUTION OF THE CITY COUNCIL APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Vice Mayor Baker reported the following information: Parks and Recreation Commission -Discussed Azule Park 100% Design Plan and took a position on it. Finance Commission -Last meeting reviewed the entire fee structure for the City. Commissioners will soon start to review all polices and procedures used by the Administrative Services Department. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Village Green Neighborhood traffic modifications be brought back to Council for discussion. Councilmember Waltonsmith noted that she supported Councilmember Bogosian's request. Vice Mayor Baker explained that he and Councilmember Waltonsmith were the two Councilmembers assigned to review all CDBG applications. Vice Mayor Baker noted that they had no guidelines to follow when evaluating requests to process CDBG grants. Vice Mayor Baker requested that staff draft a set of guidelines to be use in this process. Councilmember Bogosian noted that he supported Vice Mayor Baker's request. Councilmember Waltonsmith requested that City Attorney Taylor provide Council with a report on options in regards to the future development of the Mt. Winery. City Council Minutes 14 June 19, 2002 Councilmember Bogosian noted that he supported Councilmember Waltonsmith's request. Referring to a newsletter from the Metropolitan Transportation Commission (dated June 2002), Vice Mayor Baker stated that a recent Senate bill proposes changes in MTC- ABAG relationship. Vice Mayor Baker explained that Senator Tom Torlakson of Contra County sponsors SB 1243. Vice Mayor Baker noted that SB 1243 would name MTC as the Bay Area Land Use and Transportation Commission and would require the new commission to assume the land use responsibility now held by ABAG. The bill would also require the renamed Commission to adopt along-range policy plan, focused on transportation and housing on or before January 1, 2005. Vice Mayor Baker requested that the City oppose this bill and send a letter to California State Assembly. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no fut~her business Mayor Streit adjourned the meeting at 10:00 p.m. City Council Minutes ] 5 June 19, 2002