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HomeMy WebLinkAbout2008-05-13 - MINUTES - SPECIAL REGULAR (3)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF SPECIAL MEETING 5:30 P.M. MINUTES OF REGULAR MEETING 6:00 P.M. MAY 13, 2008 CALL TO ORDER Mayor Kellar called to order the special meeting of the City Council at 5:30 p.m. ROLL CALL All Councilmembers were present. PUBLIC PARTICIPATION There was none. CLOSED SESSION Carl Newton, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Government Code Section 54956.9(c) — one matter RECESS AND RECONVENE Mayor Kellar recessed the meeting to Closed Session at 5:31 p.m. and reconvened the meeting at 6:01 p.m. CITY ATTORNEY ANNOUNCEMENT Carl Newton, City Attorney, announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor Kellar adjourned the meeting at 6:01 p.m. INVOCATION Councilmember Ender gave the invocation. CALL TO ORDER Mayor Kellar called to order the regular meeting of the City Council at 6:05 p.m. ROLL CALL All Councilmembers were present FLAG SALUTE Mayor Kellar invited former Mayor George Pederson to lead the flag salute and introduced former Mayor Carl Boyer who was also in attendance. PRESENTATIONS TO THE CITY Stephen Maguin, Chief Engineer/General Manager, of the Sanitation Districts of Los Angeles County, presented information on chlorides in the Santa Clarita Valley Sanitation District. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Kellar and Councilmembers presented a certificate of recognition to Brian C. Wilcher, President, and representatives of the Santa Clarita Concert Band for their contributions to the community. Mayor Pro Tem Ferry and Councilmembers presented a certificate of recognition to Mark Weiss for his years of service with the Saugus Action Committee. Councilmember Ender and Councilmembers presented a certificate of recognition to Linda Lambourne for her years of service to Santa Clarita in Congressman McKeon's office. Councilmember McLean and Councilmembers presented the National Missing Children's Day Proclamation to Lena Smyth and thanked her for taking the time to help educate our community about this important issue. PUBLIC SAFETY TOPIC OF THE MONTH Police Chief LaBerge introduced Detective Dan Finn who provided information on how the Cobra team works to keep Santa Clarita clean through graffiti removal. COUNCIL COMMENTS Councilmember Weste provided an update on the planning of a new 75 -bed transitional care unit in the City which will need State approval; preliminary plans were submitted to the City today. PUBLIC PARTICIPATION Addressing the Council at this time with regard to the closing of the TCU at Henry Mayo Newhall Memorial Hospital was George Pederson; Gene Dorio, M.D. representing Save Our Seniors; Helen Johnson; Mary Roberts; Diane Trautman, co-chair of Save Our Seniors; Pauline Harte who also spoke regarding development projects; Jeanne Wray; Brandon Maddux; Keven Bonner; Cam Noltemeyer; Alan Ferdman, chair of the Canyon Country Advisory Committee who also spoke regarding the proposed Avenue at Santa Clarita project; Bob Illson; and Suzy Stone. STAFF COMMENTS Ken Pulskamp, City Manager, provided clarification that the City does not have the authority to close or keep open the TCU but that the City is willing to help explore other alternatives; the City also does not have control over what developers request, in the case of the Avenue at Santa Clarita, staff does not support the project and has asked for revisions. The project is currently on hold until those revisions are submitted. COUNCIL COMMENTS Councilmembers expressed desire to know how other communities have dealt with funding TCUs; concern with funding for the Meals on Wheels program; saving a few beds in the current TCU -until a new facility is available; looking into a support system to facilitate families getting to relatives in a TCU. May 13, 2008 2 Council consensus to share in the signing of a letter prepared by staff to the Hospital Board requesting any closing of the existing TCU not occur until a new TCU is available for use, and to share the letter with the media. RECESS AND RECONVENE Mayor Kellar called a recess at 7:31 p.m. and reconvened the meeting at 7:40 p.m. PUBLIC PARTICIPATION Addressing the Council at this time with regard to the proposed Avenue at Santa Clarita project was Jim Farley representing We the People SCV; Sterling King; Sandi Franco; Marcia Lewis representing Calgrove Corridor Coalition; Duane Janda; Tim Kennedy; Steve Olsen; Steve Cornell; Jennifer Jenkins; Pam Ross; Larry King; Valerie Thomas representing the Placerita Canyon Property Owners Assn; Roland Tim Linquist; Tom Hengel; George Karloff-, Deborah Karloff and Annette Lucas. Forty-five written comments were also submitted on this topic. STAFF COMMENTS Ken Pulskamp, City Manager, reiterated that the City has no control over a developer's request; acknowledged that public participation is welcome and if the group becomes larger, the City is grateful for their participation because citizen involvement is a cornerstone that this City is built upon. COUNCIL COMMENTS Councilmembers expressed their appreciation for the public sharing their concerns, particularly because the Council is also concerned about the same issues. PUBLIC PARTICIPATION Addressing the Council at this time was Bruce McFarland regarding an ethics code and Sandra Cattell representing the Placerita Canyon Property Owners Association regarding proposed development in Newhall. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember McLean advised that she attended her first Library Commission meeting as the 5th District representative; provided information on 2 propositions on the June 3 ballot and spoke in opposition to Prop 98 and in support of Prop 99; provided information on Day of the Child at Newhall Library and the need for a new library; commented on the Hero of the Week program and provided an update on transportation issues. Mayor Pro Tem Ferry congratulated staff on receiving the Grand Prize for Best Economic Development Program from the California Association for Local Economic Development (CALED); represented the Mayor at a CLWA meeting where the goal of reducing water use by 10% was identified; suggested that signs be put up providing notice that a cul-de-sac may become a through street in the future; and suggested City staff develop recommendations to create an ad hoc committee to find the best site for a materials recovery facility. Councilmember Ender expressed appreciation for the Chamber of Commerce -sponsored trip to Washington D.C. and to Mayor Kellar and Councilmember Weste for their efforts in fighting the Cemex proposal; acknowledged the work accomplished on Graffiti Wipe -Out Day; and invited attendance at a community fund-raiser at Mountain View Park for Tom Bolewski. May 13, 2008 3 Councilmember Weste requested staff find a conforming, enforceable code regulating campaign signs; and provided information on Congressman Brad Sherman's legislation on the Rim of the Valley Corridor to preserve open space. Mayor Kellar acknowledged Valencia Nissan for awarding a car to an exemplary senior at Canyon High School and acknowledged all philanthropic work provided by the car dealers on Santa Clarita's Auto Row; advised that representatives would make another trip to Washington D.C. on Monday to work legislation to stop the Cemex mine; and noted the passing of Jean Seratti. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be added. APPROVAL OF AGENDA Motion by Weste, second by Ender, to approve the agenda, pulling Item 16 from the Consent Calendar. Hearing no objections, it was so ordered. APPROVAL OF MINUTES Motion by McLean, second by Ferry, to approve the minutes of the April 22, 2008 special and regular City Council meetings as submitted. Hearing no objections, it was so ordered. RECESS AND RECONVENE Mayor Kellar called a recess at 8:50 p.m. and reconvened the meeting at 9:02 p.m. CONVENE SANTA CLARITA REDEVELOPMENT AGENCY CALL TO ORDER Mayor/Chair Kellar called the meeting of the Redevelopment Agency to order at 9:02 p.m. PUBLIC PARTICIPATION There was none. APPROVAL OF MINUTES Motion by Ender, second by Weste, to approve the minutes of the April 22, 2008 regular meeting as submitted. Hearing no objections, it was so ordered. ITEM 1 JOINT CONSENT CALENDAR LOAN • FROM CITY TO REDEVELOPMENT AGENCY AND REFINANCING AND CONSOLIDATION OF EXISTING LOANS FROM CITY TO REDEVELOPMENT AGENCY INTO ONE NOTE AND APPROVAL OF LOAN AGREEMENT May 13, 2008 4 Pursuant to California Community Redevelopment Law, the City of Santa Clarita has loaned funds to the City of Santa Clarita Redevelopment Agency since 1994 until present for administrative purposes and to fund redevelopment projects of the Agency. Motion by Weste, second by Ferry, to take the following actions: City Council: adopt Resolution No. 08-36 making a loan to the Redevelopment Agency, approving the refinancing and consolidation of existing loans to the Redevelopment Agency, and approving the execution of a loan agreement related thereto. Redevelopment Agency: adopt Resolution No. RDA 08-4 of the Agency accepting a loan from the City, authorizing the refinancing and consolidation of existing loans from the City of Santa Clarita, and approving the execution of a loan agreement and note related thereto. On roll call vote: Ayes: Ender, Weste, Ferry, McLean, Kellar Noes: None Absent: None Motion carried. ITEM 2 JOINT NEW BUSINESS PROPOSED ISSUANCE BY THE CITY OF SANTA CLARITA REDEVELOPMENT AGENCY OF ITS TAX ALLOCATION BONDS, SERIES 2008 (NEWHALL REDEVELOPMENT PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $35 MILLION, AND ITS HOUSING SET-ASIDE TAX ALLOCATION BONDS, SERIES 2008, IN A AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12 MILLION Darren Hernandez, Deputy City Manager and Director of Administrative Services, advised that pursuant to California Community Redevelopment Law (codified in Part 1 of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"), it is proposed that the City of Santa Clarita Redevelopment Agency (the "Agency") issue its first bond issues secured by tax increment in the Newhall Redevelopment Project Area (the "Project Area"). No requests to speak were submitted on this item. Motion by Weste, second by Ferry, to take the following actions: City Council: adopt the following resolutions: Resolution No. 08-37 of the City Council approving the issuance, sale, and delivery by the City of Santa Clarita Redevelopment Agency of its Tax Allocation Bonds, Series 2008 (Newhall Redevelopment Project Area); and Resolution No. 08-38 of the City Council approving the issuance, sale, and delivery by the City of Santa Clarita Redevelopment Agency of its Housing Set -Aside Tax Allocation Bonds, Series 2008. Redevelopment Agency: adopt the following resolutions: Resolution No. RDA 08-5 of the Agency authorizing the issuance, sale, and delivery of the Agency's Tax May 13, 2008 5 Allocation Bonds, Series 2008; approving the execution and delivery of an Indenture, Sale Documents, and a Continuing Disclosure Agreement; approving the Form of a Preliminary Official Statement; and authorizing certain other actions in connection therewith; and Resolution No. RDA 08-6 authorizing the issuance, sale, and delivery of the Agency's Housing Set -Aside Tax Allocation Bonds, Series 2008; approving the execution and delivery of a Housing Indenture, Sale Documents, and a Continuing Disclosure Agreement; approving the Form of a Preliminary Official Statement; and authorizing certain other actions in connection therewith. On roll call vote: Ayes: Weste, Ferry, McLean, Ender, Kellar Noes: None Absent: None Motion carried. ADJOURN SANTA CLARITA REDEVELOPMENT AGENCY Chair Kellar adjourned the meeting at 9:07 p.m. f RESUME CITY COUNCIL MEETING Mayor Kellar resumed the regular City Council meeting at 9:07 p.m. ITEM 3 CONSENT CALENDAR READING OF ORDINANCE TITLES Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council meeting agenda, Council may determine that the title has been read. Determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 4 CONSENT CALENDAR CALIFORNIA CHILDREN'S OUTDOOR BILL OF RIGHTS Presentation of background information for adoption of the California Children's Outdoor Bill of Rights Resolution. Receive report and adopt Resolution No. 08-39 endorsing the California Children's Outdoor Bill of Rights. ITEM 5 CONSENT CALENDAR APPROVE THE PLANS AND SPECIFICATIONS AND AWARD A CONTRACT FOR CANYON COUNTRY PARK PLAYGROUND UPGRADES - PROJECT M0060 This project consists of removing and replacing existing playground structure and swings, and installation of resilient surface. Approve the plans and specifications for Playground Upgrades at Canyon Country Park - Project M0060; accept request of bid withdrawal from R. C. Becker & Son, Inc.; award a construction contract to Fleming Environmental, Inc. in the amount of $153,711 which includes bid alternates in the amount of $9,685, and authorize a ten percent contingency in the amount of $15,371, for a total contract amount not to exceed $169,082; authorize the City Manager, or designee, to execute all documents, subject to City Attorney approval. May 13, 2008 6 ITEM 6 CONSENT CALENDAR SECOND READING AND ADOPTION OF AN ORDINANCE FOR PREZONE 07-002 (MASTER CASE 07-206) FOR THE HASLEY HILLS/VALENCIA COMMERCE CENTER AREA Second reading and adoption of ordinance approving Prezone 07-002 (Master Case 07-206) for the Hasley Hills/Valencia Commerce Center area, generally located at the northwest corner of Interstate 5 and State Route 126, along the westerly boundary of the City of Santa Clarita. Adopt Ordinance No. 08-5 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA TO APPROVE PREZONE NO. 07-002 (MASTER CASE 07-206) FOR THE HASLEY HILLS/VALENCIA COMMERCE CENTER ANNEXATION AREA GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 5 AND STATE ROUTE 126, ALONG THE WESTERLY BOUNDARY OF THE CITY OF SANTA CLARITA. ITEM 7 CONSENT CALENDAR SANTA CLARITA SPORTS COMPLEX PHASE IV GRADING AND DRAINAGE IMPROVEMENTS PROJECT P3012 - AWARD THE CONSTRUCTION CONTRACT, ALL SUPPORTING CONTRACTS, AND APPROPRIATE FUNDING This project consists of grading and drainage improvements for the proposed expansion to the existing Santa Clarita Sports Complex facilities. Approve the plans and specifications and award the construction contract to Sukut Construction, Inc. in the amount of $2,742,349, and authorize a contingency in the amount of $411,352 and $150,000 for Stormwater Pollution Prevention Plan compliance, for a total contract amount not to exceed $3,303,701; award all supporting contracts totaling $935,000; authorize the appropriation of $1,968,701 from Public Facilities Replacement fund balance to Santa Clarita Sports Complex Phase IV Grading and Drainage Improvements Expenditure Account P3012723-5161.001; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 8 CONSENT CALENDAR FISCAL YEAR 2007-08 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECTS M0057, M0058, AND T0025 - PROJECT ACCEPTANCE This program improved and upgraded the City's sidewalk and drainage system by removing and replacing the existing damaged concrete sidewalks and curb and gutter system caused by tree root infiltration and pavement settlement. Accept the completion of the construction contract executed by FS Construction for the Fiscal Year 2007-08 Annual Concrete Rehabilitation Program, Projects M0057, M0058, and T0025; direct the City Clerk to file the Notice of Completion; and direct staff to release the retention amount 35 days after the Notice of Completion is recorded, provided no stop notices have been filed, as provided by law. ITEM 9 CONSENT CALENDAR CONTRACT AMENDMENT FOR ARBORPRO INC. TO INCREASE QUANTITY OF TREE DATA COLLECTION This amendment will increase the contract amount for increased tree data collection to update and complete the City's urban forest tree inventory. Approve the amendment to Contract May 13, 2008 7 08-00026 with ArborPro Inc. for tree inventory data collection in the amount of $70,500, not to exceed the new total contract price of $120,450; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 10 CONSENT CALENDAR CITY OF SANTA CLARITA'S FISCAL YEAR 2008-09 STATEMENT OF INVESTMENT POLICY Per California Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. Adopt the City of Santa Clanta's Fiscal Year 2008-09 Statement of Investment Policy, and direct staff to submit the policy to the Association of Public Treasurers United States & Canada (APT US&C) for certification in their award program. ITEM 11 CONSENT CALENDAR SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE NEWHALL REDEVELOPMENT PROJECT AREA PURSUANT TO THE PROVISIONS OF SECTION 33333.2 OF THE CALIFORNIA HEALTH AND SAFETY CODE To help balance the State budget, every Redevelopment Agency was required to remit a portion of their revenue to the Educational Revenue Augmentation Fund (ERAF). To offset the financial burden caused by the ERAF payment, state legislation passed in 2003 (SB 1045) and 2004 (SB 1096) allowed redevelopment agencies to amend their redevelopment plans by ordinance to extend by up to one year, the time limit on the effectiveness of their redevelopment plans and the time limit to repay indebtedness or receive property taxes pursuant to Section 33670 for each ERAF payment made in 2003-04, 2004-05, and 2005-06. Adopt Ordinance No. 08-6 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE NEWHALL REDEVELOPMENT PROJECT AREA, PURSUANT TO THE PROVISIONS OF SECTION 33333.2 OF THE CALIFORNIA HEALTH AND SAFETY CODE". ITEM 12 CONSENT CALENDAR AWARD CONTRACT FOR TRASH MAINTENANCE AND GENERAL CLEANING SERVICE OF BUS STOPS Consideration of contract award for a vendor to perform trash maintenance and general cleaning services at approximately 328 bus stop locations within the City of Santa Clanta. Award a contract to Brigadier Corporation for the trash maintenance and general cleaning services of bus stops, Bid No. TR -07-08-41, in the amount of $76,804, and authorize a contingency of 10% of the award, or $7,680, for a total of $84,484. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval. 1 May 13, 2008 8 ITEM 13 CONSENT CALENDAR AWARD SPECIAL DISTRICTS BID NUMBER PS 07-08-31 TO JOHN DEERE LANDSCAPES, IRRIGATION SUPPLIER FOR ASSEMBLING WATER -SAVING IRRIGATION CONTROLLERS AND DELIVERY TO CITY CORPORATE YARD Special Districts, Water Management Plan to upgrade current Irrigation Controllers. Disqualify Aqua -Flo Supply, the distributor of ET Water controllers, as non-responsive and unable to meet bid specifications; award bid to John Deere Landscapes, distributor for Rain Master Irrigation, in an amount not to exceed $58,425, plus a 5% contingency of $2,921, for a total not to exceed $61,346; authorize the City Manager or designee to execute all contracts and associated documents, or modify the awards in the event that issues of impossibility of performance arise, and execute renewals in accordance with the terms of the contract, subject to City Attorney approval. ITEM 14 CONSENT CALENDAR RESOLUTION REQUESTING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR MISCELLANEOUS SERVICES This Resolution renews the general services agreement with the County of Los Angeles. The agreement allows the City to use the services of LA County staff for various projects such as predatory animal control, prosecution of the City's ordinances, direct assessment collection and a variety of public works activities. Adopt Resolution No. 08-40 to renew the General Services Agreement between the City of Santa Clarita and the County of Los Angeles for miscellaneous services for an additional five-year term, ending June 30, 2013. Authorize the City Manager, or his designee, to sign all documents subject to City Attorney approval. ITEM 15 CONSENT CALENDAR AWARD CONTRACT TO PARTICIPATE IN THE LOS ANGELES REGION — IMAGERY ACQUISITION PROGRAM Award contract to participate in the Los Angeles Region Imagery Acquisition Program. Appropriate $55,235 from the Technology Services Replacement Fund (Fund 720) to the Technology Services Replacement Account (Account 12203.5161.001), direct staff to execute a Participant Agreement with Los Angeles County, and award contract to Los Angeles County in the amount of $55,235 for the purchase of high-quality aerial imagery and elevation datasets subject to the City Attorney's approval. ITEM 16 CONSENT CALENDAR INITIATE PROCEEDINGS TO DECLARE THE INTENT TO ORDER PRELIMINARY ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS, LANDSCAPE MAINTENANCE DISTRICTS NOS, 1, A-2, AND T-1; DRAINAGE BENEFIT ASSESSMENT AREAS NOS. 3, 6, 18, 19, 20, 22, AND 2008-1; STREETLIGHT MAINTENANCE DISTRICT NO. 1; GOLDEN VALLEY RANCH OPEN SPACE MAINTENANCE DISTRICT; AND OPEN SPACE PRESERVATION DISTRICT; AND AWARD A PROFESSIONAL SERVICE CONTRACT FOR ANNUAL ENGINEERING AND LEVY SERVICES May 13, 2008 9 Resolutions initiating the proceedings to levy fees and calling for Engineer's Reports which detail the annual levy of assessments for the above districts and the zones within those districts for Fiscal Year 2008/09 and amend professional service contract to include services to levy the FY 2008-09 Stormwater Utility fee. Adopt Resolution No. 08-41 to order an Assessment Engineer's report, and initiate proceedings for the annual levy of assessments for the Landscape Maintenance Districts; adopt Resolution No. 08-42 to order an Assessment Engineer's report, and initiate proceedings for the annual levy of assessments for the Streetlight Maintenance District; adopt Resolution No. 08-43 to order an Assessment Engineer's report, and initiate proceedings for the annual levy of assessments for the Drainage Benefit Assessment Areas; adopt Resolution No. 08-44 to order an Assessment Engineer's report, and initiate proceedings for the annual levy of assessments for the Golden Valley Ranch Open Space Maintenance District; adopt Resolution No. 08-45 to order an Assessment Engineer's report, and initiate proceedings for the annual levy of assessments for the Open Space Preservation District; award a contract to Harris & Associates for assessment, engineering, and annual levy services for Drainage Benefit Assessment Areas, Landscape Maintenance Districts, Streetlight Maintenance District, Golden Valley Ranch Open Space Maintenance District, Open Space Preservation District, and Stormwater Utility fee, in an annual amount not to exceed $95,000; authorize the City Manager or designee to execute up to two annual renewal options not to exceed $95,000 each, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year; and authorize the City Manager or designee to execute all contracts and associated documents, and execute renewals, in accordance with the terms provided herein, subject to City Attorney approval. Addressing the Council on this matter was Cam Noltemeyer. ITEM 17 CONSENT CALENDAR CHECK REGISTER NOS. 15, 16, & 17 Approval of the Check Registers. Approve and ratify for payment the demands presented in Check Register Nos. 15, 16, & 17. Motion by Weste, second by Ender, to approve the Consent Calendar. On roll call vote: Ayes: Ferry, McLean, Ender, Weste, Kellar Noes: None Absent: None Motion carried. ITEM 18 PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A HILLSIDE REVIEW AND OAK TREE PERMIT FOR A SINGLE FAMILY RESIDENCE IN THE SAND CANYON COMMUNITY Mayor Kellar recused himself from participation on this item due to previous business activity with the Hermans (applicants) and left the dais. Mayor Pro Tem Ferry opened the public hearing. May 13, 2008 10 Sharon Dawson, City Clerk, stated that all notices required have been provided. Jessica Frank, Associate Planner, advised the Ballards (appellants) are appealing the decision 71 made by the Planning Commission in approving the applicant's request subject to conditions of approval and provided information on the applicant's proposal and the site. Representing the applicant, Conrad Carrie of Southwest Geotechnical Inc., provided information on the applicant's proposal. Paige Herman, the applicant, was available to answer any questions. David Ballard, the appellant, provided information on the reasons for his appeal. In rebuttal, Paige Herman pointed out the letter from her attorney and advised that the lawsuit would be resolved in the court. They anticipate that their proposal will not impact the slide area and will improve access. No other requests to speak were submitted on this item. Mayor Pro Tem Ferry closed the public hearing. Motion by Weste, second by Ender, to deny the appeal and affirm the decision of the Planning Commission to adopt Resolution No. 08-46 adopting the Mitigated Negative Declaration and approving Master Case 07-225 (Hillside Review 07-011, Oak Tree Permit 08-004) to allow for the construction of an 11,085 square foot single family residence, 910 square foot detached garage, associated grading, and oak tree encroachment. On roll call vote: Ayes: Ender, Weste, McLean, Ferry Noes: None Disqualified: Kellar Absent: None Motion carried. Mayor Kellar returned to the dais at this time. ITEM 19 r, NEW BUSINESS CODE OF ETHICS AND CONDUCT Michael Murphy, Intergovernmental Relations Officer, advised that during the City Council meeting held on August 28, 2007, Councilmembers directed staff and the City Attorney's Office to gather information of existing state and federal laws that govern the City of Santa Clarita. In addition, Council asked staff to consolidate into one document the myriad of existing City policies that govern the ethical behavior and actions of the City Council and staff In response to inquiries from Councilmembers, Carl Newton, City Attorney, provided information and clarification. May 13, 2008 11 Addressing the Council on this item was Annette Lucas representing the Calgrove Corridor Coalition Leadership Team; Alan Ferdman representing the Canyon Country Advisory Committee; Cam Noltemeyer; Pauline Harte; Valerie Thomas; Leigh Hart; David Gauny; Diane Trautman; Bruce McFarland and Steve Cornell. Two written comments were submitted on this item. Motion by Weste, second by Ferry, to adopt Resolution No. 08-47 to implement the Santa Clarita Code of Ethics and Conduct. On roll call vote: Ayes: McLean, Ender, Weste, Ferry, Kellar Noes: None Absent: None Motion carried. ADJOURNMENT Mayor Kellar adjourned the meeting at 11:07 p.m. in memory of Jean Seratti. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, May 27, 2008 at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CITY CLERK NMayl31ndoc ` 1 May 13, 2008 12