09/02/2008

REGULAR MEETING CALLED TO ORDER

At 7:30 p.m., Mayor Garner called the meeting to order.

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL

Present:  Council Members Aerts, Baxter, Perry, Wright, and Mayor Garner
Absent: None
Staff Present: City Manager Loventhal, City Attorney Powell, and City Clerk Chelemengos

ORDERS OF THE DAY

Council Member Perry requested that Agenda Item 6 - Update on Daves Avenue School Street Improvements and Consideration of Additional Improvements - be considered immediately after the Consent Calendar. 

ORAL COMMUNICATIONS

Bryan Mekechuk, resident, spoke with regard basement light wells and requested that the Council place the matter on a future agenda.

Council Member Aerts asked about proper procedure to consider Mr. Mekechuk’s suggestion. 

Following City Attorney Powell’s explanation of the proper process, Council Member Aerts stated that he would be in favor of placing the matter on a future agenda.

Council Member Perry also requested that matter be placed on an agenda.

Robert Karski, resident, stated that Mr. Mekechuk has been very diligent in working within the City’s regulation and with the neighbors with regard to his construction project.
 

WRITTEN COMMUNICATIONS

None

Consent Calendar Items 2 and 3 were removed from the Consent Calendar.

CONSENT CALENDAR

1. Approve Minutes of August 19, 2008 City Council Meeting
Council Member Baxter moved to approve the Consent Calendar.  The motion was seconded by Council Member Perry and the motion passed with a 5-0 vote.

2. Approve Warrant List in the amount of $119,085.05
Council Member Aerts inquired about the warrant to the Housing Trust. 
City Manager Loventhal provided information on the Housing Trust and the background information on the Council’s action to grant the funding request.

3. Accept A Modification Reducing the Annual Cap to the Police Service Contract with the Town of Los Gatos
Council Member Baxter inquired about the effective date. 
City Manager Loventhal explained that he was unsure of the effective date since it has past, but the reduction is to be retro active.
Council Member Baxter suggested that upon return of the signed agreement the City send a letter clarifying Monte Sereno’s understanding that the new rate would be retro-active

Council Member Aerts moved to accept the modification to the police services contract cap.

Council Member Baxter seconded the motion and requested that it be amended to include the condition that the signed agreement be returned to the Town of Los Gatos with an accompanying letter clarifying Monte Sereno’s understanding that the new rate be retro-active.

Council Member Aerts accepted the amendment to the motion and the motion passed with a 5-0 vote.
 

PUBLIC HEARINGS – None

UNFINISHED BUSINESS
6. Update on Daves Avenue School Street Improvements and Consideration of Additional Improvements

City Manager Loventhal introduced the matter and provided background information. He also answered questions from the Council.

Council Member Perry inquired if designations for individual parking spaces were to be painted on the pavement. 

City Manager Loventhal reported that the designation of individual parking spaces is not a part of the improvement project.

Council Member Baxter wondered about of the crosswalk location relative to the Poppy/Daves intersection.

Ms. Von Felton, Principal at Daves Avenue School, spoke in support of the recent improvements.  She urged the Council to consider placing a stop sign at the crosswalk to help slow traffic and alert drivers of possible pedestrians. 

Burton Craig, Vineland, spoke in support of the recently installed crosswalk and urged the Council to consider installation of a stop sign at the crosswalk.

Phil Levine, resident, thanked the Council for the striping and crosswalk.  He suggested that speed humps be installed if the traffic speed does not decrease.  He supported the idea of a stop sign, but encouraged the Council to look at other safety measures such as installation of LED lights in the pavement. 

Lana Malloy, resident, indicated her concern with traffic at the school and urged the Council to consider installation of a stop sign and use of the “Safe Routes To School” program for improvements.

Discussion commenced with regard to the posted speed limit near the school.

Doug McNeil, resident, stated that there is noticeable improvement since the installation of the crosswalk.  He spoke in support of the installation of a stop sign at the crosswalk, but warned that a stop sign might not be the best solution. 

Tim Blackwell, resident, spoke in support of the new improvements near the school site, but urged the Council not to install a stop sign at the crosswalk.  He urged the Council to consider reducing the speed limit on Daves Avenue.

Mayor Garner stated that he agreed with Mr. McNeil with regard to conducting a proper study to determine the appropriate solution.   He stated that he would supportlike a temporary stop sign installed while studying the situation. 

Discussion commenced.

Police Chief Seaman was asked by the City Council for his input.

Chief Seaman agreed that with the crosswalk located midblock it would create an unusual or an unexpected stop should a stop sign be placed at the crosswalk.  He noted that drivers typically do not expect pedestrian to cross mid-block.  He suggested that effort be made to train people to cross only at the crosswalk, utilize a crossing guard and the speed trailer, consider installing some type of electrical sign warning drivers of crossing pedestrians.  Chief Seaman also answered questions from the Council and offered to have a traffic safety officer contact the school to discuss the situation and make suggestions.

Council Member Baxter stated that mid block crosswalk creates a difficult situation.  He noted that many people ignore stop signs and that he would be interested in conducting a warrant study and identifying and considering the best practices with regard to mid block crosswalks.  He stated that he is concerned that a stop sign may not be enough.

Council Member Perry spoke with regard to the traffic and parking and acknowledged that the recent improvements have been beneficial to the situation.  He stated that a stop sign may not be the right answer, but there is a need to look for additional safety solutions.  Council Member Perry pointed out that the crosswalk is used not only during school hours but also for various other after school functions.  He inquired about the process and timeline for implementing other safety measures.

Heidi Hinrich, resident, expressed concerns with young school children crossing at times when no crossing guards are present.  She spoke in favor of a stop sign and other additional safety measures.

Council Member Aerts agreed with Council Member Baxter’s comments with regard to people ignoring stop signs.  He inquired if school could place temporary stop signs while other alternative were being explored.

Discussion commenced.  There was Council consensus to direct the City Manager to conduct necessary studies to identify methods to increase safety at the crosswalk and in the meantime implement temporary safety measures.

Council Member Perry moved that Council direct the City Manager to move forward with installation of a stop sign and take appropriate safety interim measures.

Mayor Garner stated that he was not sure the stop sign is the right answer and expressed concern with limiting the direction to implementation of a stop sign

Council Member Perry stated that he would like to see quick action on the matter and that the City Manager bring forth as soon as possible any other appropriate safety measures for interim use.

Council Member Wright agreed with Mayor Garner in that all alternatives should be considered and that direction should not be limited to pursuit of installation of a stop sign.

Council member Perry stated that he thought a stop sign would be a quick and relatively inexpensive action to take.

Council Member Baxter pointed out the requirement for a warrant study before implementing stop signs.  He stated that he would be in favor of directing staff to start the warrant study process and to solicit appropriate safety recommendations for the area from traffic professionals.

Mayor Garner spoke in favor of proceeding with a warrant study.

Council Member Aerts inquired if temporary stop signs required a warrant study.  The City Manager stated that temporary signs could be used without a warrant study. 

Council Member Baxter asked Council Member Perry to re-state his motion.

Council Member Perry moved that the Council direct the City Manager to move forward with putting up a stop sign or any temporary measure as quickly as possible and consider any other temporary measures as quickly as possible and bring forth any other alternatives to be considered instead of the stop sign.

Mayor Garner suggested that the motion be amended to state “instead of or in addition to” a stop sign

Council Member Perry accepted the amendment.

Council Member Aerts seconded the amended motion and the motion passed with a 5-0.

5. Discuss Request to Reconsider Land Use Designation for the City’s General Plan Update
City Manager Loventhal provided a staff report on the matter.
Council Member Wright inquired about the time frame and application costs.
Council Member Perry stated that he felt the letter sent had the tone that Mr. Stanley was not given sufficient time to speak on the matter and he feels that people should be allowed enough time to communicate their ideas to the Council.
Mayor Garner clarified that at any time one may make an application to the City and apply for a General Plan Amendment and zoning change.
Russ Stanley, resident, provided information on his property and his development plans which would call for a General Plan amendment as well as other code changes.  He stated that the City’s General Plan update does not need to be completed for several months and that he would like the Council to reconsider alternative Land Uses, along with the General Plan update, so that the Council would not have to revisit the matter when Mr. Stanley comes forth with a development application, which would include a General Plan amendment and other changes.  Mr. Stanley proceeded to explain that his proposal has been modified and that his plan is to develop the La Hacienda property with 24 single family homes.  Mr. Stanley presented a site plan and discussed various details of his project.
Andy Faber, attorney for Mr. Stanley, spoke with regard to the development of a General Plan category to allow a project with higher density.  He suggested that Mr. Stanley’s conceptual plan is very close to zoning that already exists in the City and suggested that the Council consider that zoning category to be developed for the subject parcel.  He also provided sample Land Use Element language.
Wanda Kownacki, Saratoga, expressed surprise with the Council reconsidering the matter especially since the subject property is not within the City limits and no formal application had been filed.   She urged the Council not take action and allow the property owner to pursue his plans through the proper application process which requires proper notification.

Fred Hawkes, resident, agreed with the comments by previous speaker and urged the Council to stay with their initial decision to not make any land use or density changes at this time.

Lana Malloy, resident, agreed with the comments made by the previous speakers and expressed concern with other property owners pursuing higher density should this request be granted.

Phil Levine, resident, suggested that in reviewing the project the Council consider clustering the structures to minimize spread and maintain as much open space as possible.

Michelle Van Siden urged the Council to direct the property owner to go through the application process so that all interested parties are notified and have the chance to voice their positions.  She also pointed out that increases in density would have broader impacts such as to the schools.

Council Member Wright preferred the previous design because of the amount of green space and the draw for public transportation. Council Member Wright pointed out that the purpose of the General Plan Update is to look at where the City will be in 15 years and plan accordingly.  He spoke in support of considering potential land use changes during the General Plan process.

Council Member Baxter reported that he had spoken with Mr. Stanley regarding his project.  Council Member Baxter recalled the many details that the Council requires when reviewing an application.  He stated that without seeing precisely what the property owner has in mind (as far as developing the property) he would find it difficult to support a land use designation change.  He stated that he did not think the General Plan process should be held up in consideration of one property owner’s potential plan. He spoke in favor of proceeding with the General Plan Update process and stated that he really thinks a formal application should be filed before additional consideration is given.  He concluded by stating that he has not heard a desire from the community to change the General Plan or allow for higher density land use.

Council Member Aerts stated that he also would like to see more details on the proposed development.

Council Member Perry stated that the site could use many improvements, but at this time there is no project to consider.  He stated that he is open to looking at creating some additional zoning and in favor of doing it during the General Plan process if it is easier for the applicant.   He pointed out the current use and noted that the proposed use is more in-line with the current zoning that exists in Monte Sereno.
City Attorney Powell spoke with regard to restrictive language and certain possibilities.
Mayor Garner stated that during the City’s General Plan process residents and interested parties have had opportunity to participate and that the La Hacienda owners have expressed confusion on how to affect the process.  Mayor Garner stated that he is not in favor of rezoning portions of the City or its sphere of influence and that many residents agree with his position.  He stated that he thought it would be misleading for the City Council to consider any General Plan or zoning changes when the residents are opposed.   He stated that the property owner should file an application and should bear the associated costs, not the City.  An application would trigger an appropriate process, including clear notification.  He concluded by stating that he would like to move along with the on-going General Plan process.
Council Member Perry asked if Mr. Stanley would like to add any additional comments.
Mr. Stanley stated that he is ready to file his application and thought it would be more efficient, less time consuming and less expensive to the City and all involved if the land use changes were considered during the General Plan process.  He recapped his proposal and stated that it is very similar to what already exists in the City.  He stated that he thought the proposal will benefit many residents of Monte Sereno.
City Attorney Powell addressed issues surrounding reconsideration of Land Use Designation with General Plan.
Mayor Garner inquired if any Council Member wanted to make a motion.
There was no further action or discussion.
6. Continue City Council Discussion Regarding Public Safety Cameras
City Manager Loventhal provided a staff report on the matter and discussed his research and the issues revolving around the installation of safety cameras.  He also provided details on the required equipment and costs and answered questions from the Council.  He requested that the Council provide direction as to whether or not to proceed with obtaining bids/proposals for the City safety cameras. 

Mayor Garner stated that he intended for the cameras to be used for forensics and tactical purposes not for monitoring and spoke in favor of the City issuing Requests for Proposals.

Council Member Wright expressed opposition to safety cameras citing the expense, the City’s low crime rate, and camera unreliability in certain weather conditions.

Council Member Perry spoke is support of a small, scaled down system.  He stated the he would like to hear more of the details that would be provided through a proposal process.

Mayor Garner spoke with regard to moving forward to obtain additional information and engaging public comments on the matter. 

Barbara Allen, resident, inquired about the operation and maintenance of such a system as well as related costs.  She stated that she did not feel there was a need for installation of safety cameras.

Lana Malloy, resident, spoke in opposition and stated that she had not spoken with one person in support of the idea.  She suggested that the residents have the means and the ability to install their own security cameras on their property if they desire.

Sylvia Moore, resident, questions the need for the cameras and spoke in opposition.

Mayor Garner stated that it is Council’s responsibility to look into increased safety measures.  If they become needed, in the event of a crime, then the cameras will be popular.  He stated that the cameras may even have a preventative effect.

Council Member Baxter pointed out a formal Request for Proposals will provide the final information and then from there public outreach can be conducted and the information presented to the community for input.  He stated that he has spoken with residents who are in support of this endeavor.

Council Member Perry agreed with Council Member Baxter.  He stated that he supports the original proposal to place cameras at the City’s ingresses and egresses to record activity and not need monitoring.

Council Member Wright inquired if City could get permission from jurisdictions that govern entrances/exits of Monte Sereno.

Council Member Aerts inquired if license plate readers are still an interest of the Council.

City Manager Loventhal stated that license plate readers could easily be incorporated as an optional add on to the camera system.

Council Member Perry inquired if Town of Los Gatos might be interested in a camera system.

Police Chief Seaman stated that at this time the Town has not indicated interest in safety cameras and cited cost as a factor.

Following discussion, there was consensus, with the exception of Council Member Wright, to direct the City Manager to proceed with Requests for Proposals for the installation of safety cameras for tactical and forensic purposes.  The Council also directed the City Manager to conduct a special notice when the matter is brought back before the Council for consideration.

NEW BUSINESS – None

COMMITTEE/COMMISSION REPORTS

The Council Members reported on the recent actions of their various Commissions/Committees.

CITY MANAGER’S REPORT
City Manager Loventhal reported on various administrative matters including the on-going civic facility assessment, leadership of next phase of Highway 9 improvements, broadcasting of Council meetings and the on-going requests for proposals for wireless service.

ADJOURNMENT 

At 10:25 p.m., Mayor Garner adjourned the meeting to 7:30 p.m., Tuesday, September 16, 2008 to be held in the City Council Chambers located at 18041 Saratoga-Los Gatos Road, Monte Sereno, and California.
 

        ______________________________
        Erin Garner, Mayor

ATTEST:

______________________________
Andrea M. Chelemengos, City Clerk