10/07/2008

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, Associate Planner McGranahan and City Clerk Chelemengos

ORDERS OF THE DAY

Council Member Perry moved to reorder the agenda so Agenda Item 9 - Consider Stop Sign Request At Daves Avenue - be considered immediately following the Consent Calendar.  The motion was seconded by Council Member Aerts and the motion passed with a 5-0 vote.

ORAL COMMUNICATIONS

Steve Mortara, resident, spoke with regard to the new driveway at 18723 Withey Road and the trees near the entry of the driveway.  He expressed concern that the property owner intends on topping the trees and leaving the trunks and root systems intact to serve as erosion control/soil stabilization.  He stated that he would like the trees to be preserved. 

Council inquired if the staff was aware of the situation.

City Manager Loventhal reported that the City Engineer is scheduled to visit the site the next day to check the location of the new driveway.

Ray Davis, Los Gatos, showed the Council a recognition he had received from Fisher Middle School for his suggestion for certain improvements.  He also spoke with regard to the recent partial removal of eucalyptus trees along Highway 9. 

Joanne Peth, resident, submitted pictures of a recent accident in the turning lane of Highway 9 and urged the Council to continue pursuing safety improvements.
 
WRITTEN COMMUNICATIONS

1. Letter from A Place for Teens Requesting Additional Funding

There was consensus to continue the matter until a representative from the organization could attend the Council meeting.

CONSENT CALENDAR
2. Approve Minutes of  September 2, 2008 City Council Meeting
3. Approve Warrant List in the amount of $491,488.69
4. Approve Monthly Treasurer’s Report for the Month of August, 2008
5. Approve Monthly Financial Report for the Month of August, 2008

Council Member Baxter inquired about warrant #10999. 

City Manager Loventhal explained that the expenditure was for repair of the retaining wall along Daves Avenue.

Council Member Aerts inquired about account #555 Emergency Services contained in the Financial Report. 

City Manager Loventhal explained that the expenditure was for a one time payment of an invoice relative to interoperability.

Council Member Wright moved to approve the Consent Calendar.  The motion was seconded by
Council Member Baxter and the motion passed with a 5-0 vote.

9. Consider Stop Sign Request At Daves Avenue

City Manager Loventhal provided a staff report, including a stop sign, warrant study on the matter and answered questions from the Council.

Mayor Garner stated that he is in favor of a stop sign, but expressed concern with vehicles not stopping.  He inquired about the removal of the stop sign during the summer months or erecting the stop sign exclusively on school days.

City Manger Loventhal stated that a temporary or seasonal stop sign may cause driver confusion and may not be beneficial to the situation.

Council Member Perry stated that the posted speed limit on Daves Avenue is 30 mph and 25 mph when children are present.  He inquired about the process to lower the speed limit, spoke in favor of the stop sign and urged the Council to continue looking for alternative solutions that might be better than the stop sign proposal.

Council Member Perry and Council Member Baxter both spoke in favor of the Council continuing to look for solutions that might provide for safer pedestrian crossing.

The floor was opened for public comment.

Susan von Felton, Daves Avenue School principal, invited the Mayor to attend and upcoming school fun walk – She spoke in favor of the proposed stop sign.

Phil Levine, resident, spoke in support of the stop sign and urged the Council not to consider those few drivers who may disregard the stop sign, but to focus on the increased safety resulting from the stop sign. 

Bryan Mekechuk, resident, suggested that the Council consider installation of pedestrian activated flashing lights on either side of the crosswalk as one of the alternative safety measures.

Robert Karski, resident, suggested that a moveable stop sign be used while the Council studies the situation.

Susan Von Felton expressed concern with the moveable sign because of possible injuries resulting from the sign should it be hit by a passing car.

Since there was no one else wishing to speak.

Mayor Garner spoke in support of the installation of the stop sign and stated that he would also like the Council to pursue a change in the speed limit.

Council Member Wright stated that he could not support the installation of the stop sign and that he would like to look at other alternatives.

Following brief discussion, Council Member Perry moved that in light of the public comments and the verbal reports of near accidents and injuries, the Council direct staff to install a stop sign at the crosswalk on Daves Avenue and continue to pursue other safety alternatives for the crosswalk.  Council Member Aerts seconded the motion and the motion passed with a 4-1 vote.  Council Member Wright voted No.
 
PUBLIC HEARINGS
6. TR-08-06 - Address:  18431 Via Bonita - Property Owner: Tran
Applicant is requesting a Tree Removal Permit to remove one (1) oak tree

Kim Tran, property owner, stated that she would like to remove the tree in order to install a sports court. She stated that once the sports court is constructed she plans on planting several new trees.  Ms. Tran also discussed the number of existing trees on the property and answered questions from the Council.

Bryan McGovern, certified arborist, stated that the subject oak is reasonably healthy, but that the trees on the property are crowded and removal of the subject oak would allow for growth and better development of some of the other trees on the property. Mr. McGovern reported that the tree is not a specimen tree,  is lopsided to the south and the north side of the tree is dead.  He also answered questions from the Council.

City Manager Loventhal pointed out that the application before the Council is for the tree removal only and, that depending on the size of the sports court the property owner intends on building, it may need to be approved by the City Council and appropriate permits obtained.

Council Member Baxter inquired about the number of the replacement trees the applicant proposed to plant.

The property owner indicated that she was unsure of the number of replacement trees at this time.

Mayor Garner stated that the Council typically likes to have a definite number, size and type of species identified as replacement trees.

City Manager Loventhal stated that the Council, if acceptable, could determine the specifics of the replacement trees.

At 8:30 p.m. the Public Hearing was opened. Since there was no one wishing to speak, the Public Hearing was closed.

Council Member Perry stated that he visited the property and agrees with the arborist’s comment regarding the crowding of the trees on the property.

Council Members Wright and Aerts echoed Council Member Perry’s comment and agreed that there was no need to require replacement trees based on the number of trees existing on the property.

Council Member Aerts moves to approve the application as presented, without a requirement for replacement trees.  The motion was seconded by Council Member Wright and the motion passed with a 5-0 vote.
 
 

7. V-08-04 - Address:  16175 Rose Avenue - Property Owner: DelVillaggio
Applicant is requesting approval of a variance application to allow an outside side yard setback of 10 feet 10 inches where the code requires a setback of 15 feet 6 inches

Mrs. Del Villaggio, applicant, provided information on the proposal and stated that she had consulted with her neighbors and reported that they voiced their support for the variance application.

Associate Planner McGranahan provided background information on the property and discussed the irregularity of the lot.    She further explained the narrow building site may be considered as a hardship because it is untypical of lots in the zoning district.  She also answered questions from the Council.

City Manager Loventhal also pointed out that the past addition was non-conforming and he answered questions from the Council regarding the application and variances in general.

City Attorney Powell explained the variance findings.

Associate Planner McGranahan spoke with regard to the restrictive nature of the property and easement on the property.

Council Member Perry stated that he could make the findings to support the application.

At 8:44 p.m., the Public Hearing was opened.  Since there was no one wishing to speak, the Public Hearing was closed.

Council Member Perry moved to make the findings and approve the application.  The motion was seconded by Council Member Aerts and the motion passed with a 5-0 vote.

8. Introduce And Hold First Reading Of An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 10, Chapter 10.06, Section 10.06.110 Of The Monte Sereno Municipal Code Regarding Projections Into Yards

City Manager Loventhal presented a staff report on the proposed ordinance and answered questions from the Council.

At 8:49 p.m. the Public Hearing was opened.

Bryan Mekechuk, resident, spoke in favor of the proposed ordinance.  He stated that adoption of this ordinance would result in the City’s code pertaining to window well s being in line with neighboring jurisdictions.

Robert Karski, resident, spoke in favor of the proposed ordinance and pointed out that the ordinance would help encourage construction of basements and would allow homeowners to maximize underground living space.

Betty Kunz, resident, spoke in favor of the proposed ordinance and stated that the ordinance would help growing families in their ability to expand their homes and would encourage families to stay in the area.

Since there was no one else wishing to speak, the Public Hearing was closed at 8:59 p.m.

Council Member Baxter moved to waive further reading of the ordinance, and introduce the ordinance as read by title only.  The motion was seconded by Council Member Wright.

Council Member Perry inquired if the proposed ordinance included stairwells.

City Manager Loventhal explained that stair wells would be included in the ordinanace if the stairwell meets certain criteria.

The motion passed with a 5-0 vote.

UNFINISHED BUSINESS
10. Discuss Televising/Webcasting City Council Meetings

City Manager Loventhal provided information on the matter and answered questions from the Council.  He also discussed the different equipment and set up requirements for webcasting and television broadcasting.

Council Member Wright stated that it is important for the meetings to be broadcast on television to encourage public awareness and participation.  He suggested that the webcasting be on a delayed basis.

Council Member Aerts expressed concern with the recurring operational costs to the City.

Council Member Baxter spoke in support of a live broadcast of the Council meetings to encourage community participation.  He pointed out that many residents do not have cable and might be prohibited from watching via television.  He stated that he thought both television broadcasting and webcasting were important.  Council Member Baxter stated that he would like to see updated estimates for both television broadcasting and webcasting.

Mayor Garner stated that he was in favor of webcasting the meeting, but is concerned with the cost to broadcast (via television).  He suggested that the City look into evaluating the most cost effective mechanism of outreach.

Council Member Wright agreed that both web and cable casting is important.

Council Member Perry stated that he supports the idea of web/broadcasting the meetings, but also is concerned with the operational costs and cost increases.  He stated that should the City pursue the endeavor, he feels it is important to install a good recording/video system.  He stated that before authorizing such an expenditure the public should be notified and invited to comment on the matter.

Discussion commenced with regard to costs, personnel, hiring of media consultant and the cost versus the benefit of broadcasting/webcasting the meetings.

Following discussion, there was Council consensus to direct staff to obtain updated proposals and estimates for media consultant services.  The Council indicated an interest in having all possible costs broken out in the estimates.

  NEW BUSINESS
Adopt Resolution Setting the 2008/2009 Fiscal Year Appropriations Limit for the City of Monte Sereno
City Manager Loventhal introduced the matter and answered questions from the Council.

Council Member Baxter moved that the Council adopt the Resolution Setting the 2008/2009 Fiscal Year Appropriations Limit for the City of Monte Sereno.  The motion was seconded by Council Member Wright and the motion passed with a 5-0 vote.
 
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 an update on the public safety cameras conference call..

ADJOURNMENT 

At 9:50 p.m., Mayor Garner adjourned the meeting to 7:30 p.m., Tuesday, October 21, 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