10/21/2008

WORKSESSION
6:00 P.M.
MINUTES

MONTE SERENO CITY COUNCIL

October 21, 2008

WORK SESSION CALLED TO ORDER

At 6:17 p.m., Mayor Garner called the work session to order.

ROLL CALL
Present:  Council Members Baxter, Perry, Wright, and Mayor Garner
Absent: Council Member Aerts
Staff Present: City Manager Loventhal, City Attorney Powell, Associate Planner McGranahan and City Clerk Chelemengos

Consultants:     Ben Noble, representing Design, Community & Environment, General Plan Consulting Firm

INTRODUCTION OF DRAFT GENERAL PLAN

Associate Planner McGranahan introduced the Draft General Plan. She provided background information and information on the next steps of the process.  She also pointed out a correction to one of the neighborhood’s map and description.  Associate Planner McGranahan introduced Ben Noble, the City’s consultant for the General Plan update

Consultant Ben Noble spoke with regard to the purpose of a General Plan and provided background on the various work sessions, the public input received and the need for policy direction.   Mr. Noble spoke with regard to adopting goals and policies to capture the vision of the community.  He also spoke with regard to meeting state mandates for affordable housing.  He discussed ways in which the City has met the requirement and ways to ensure that the City continues to meet the state mandates.   Mr. Noble also answered questions from the Council.

City Manager Loventhal also provided clarification on the various levels of housing required by the state.

Mr. Noble suggested that the City may want to consider increasing the allowable size of second living units to encourage greater production of the units.  He also spoke with regard to the current opportunity for several jurisdictions to join together to pool affordable housing stock to meet the requirement.  Mr. Noble spoke about SB375 and its impact on housing elements and the planning update period.  He also discussed new policies relative to open space, climate protection and encouragement of “green construction”, especially in the future construction of renovation of public buildings.

Mayor Garner cautioned against pooling because of the possibility of the other cities driving Monte Sereno to produce or allow additional housing that normally the City would not support.

Discussion commenced. 

Council Member Baxter pointed out that the General Plan states that new private structures of a certain size must meet LEED requirements.  He expressed concern with the language and stated that it is not reflective of the Council’s desire to encourage and not require.  He stated that the square footage trigger of 3500 square feet for this requirement is very restrictive in that many homes in Monte Sereno, because of their size, would be required to comply with the standard.

City Manager Loventhal stated that the wording does not accurately reflect the Council’s intent.  He clarified that the language should specify that residences over 500 square feet would be required to complete a check list with regard to the construction of the house.

City Manager Loventhal and Consultant Noble answered questions from the Council with regard to park funds, the transportation circulation element, bike and pedestrian trails, and noise issues addressed in the Safety Element of the General Plan.

There was discussion with regard to the second paragraph on page 15.  There was consensus that the last two sentences (beginning with “During the process… to end of the paragraph) be deleted.

Council Members Baxter and Perry stated that the draft presented accurately reflects the public input received and the intent of the City.

Mayor Garner spoke with regard to City’s policy on curbs.  He reported on his observation of varying styles and locations through out the city where curbs are being constructed.

The consultant suggested that the City may want to include language that would address infrastructure design policy.

Discussion commenced and consensus was reached that language should be added to the General Plan that infrastructure improvements shall maintain the rural character of the neighborhood.

City Manager Loventhal clarified that this meeting is an introduction of the draft  General Plan and the beginning of the public input period.

Mayor Garner invited comments from the public.

Barbara Allen, resident, inquired about rental rates of second dwelling units and how the units assisted in meeting the City’s requirement for affordable housing units. 

City Attorney Powell explained that the size limitation applied to second living units and the market usually dictate the rental rate and since the units are typically small in size the rental income is relatively limited.    

Fred Hawkes spoke in opposition to the installation of curbs in the City.  He also inquired about the state mandate relative to affordable housing stock.  He inquired if the information regarding second dwelling units located in the City is public information.

Lana Malloy, resident, inquired about recycling of material from homes that are being demolished.

Council Member Wright spoke with regard to the matter of recycling the material from demolished homes and the effort to include that type of recycling when the solid waste contract is renegotiated.

Burton Craig, resident, inquired if the draft general plan was available on the City’s web site.

City Manager Loventhal reported that the document was available on the City web site, along with all the background reports.

Council Member Aerts arrived at 7:23 p.m

There was Council consensus to direct staff to move forward with the General Plan process with the discussed changes and amendments.

ADJOURNMENT

  At 7: 23 p.m. the work session was adjourned.

        ______________________________
        Erin Garner, Mayor
ATTEST:

______________________________
Andrea M. Chelemengos, City Clerk   

REGULAR MEETING CALLED TO ORDER

At 7:40 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

ORAL COMMUNICATIONS

 Burton Craig, resident, thanked the Council for a stop sign at Daves Avenue crosswalk and urged the Council to continue to pursue additional safety measures.  He also inquired about the staffing of crossing guards and procedure when a crossing guard fails to show up.

Kathleen King, Saratoga City Council, and Catie Biver of Silicon Valley Leadership Group spoke with regard to the upcoming Turkey Trot and urged the Council and staff to participate.

WRITTEN COMMUNICATIONS

1. Letter from Council Member Aerts

Council Member Aerts stated that he had submitted a letter of resignation effective at the end of the meeting.  He stated that he is resigning for medical and personal reasons.  He thanked the staff for their support and stated that he had enjoyed his tenure on the City Council.

The Council Members thanked Council Member Aerts for his service on the Council and wished him well.

CONSENT CALENDAR

2. Approve Minutes of  October 7, 2008 City Council Meeting
3. Approve Warrant List in the amount of $80,972.24
4. Approve Treasurer’s Report for Month of September 2008
5. Approve Monthly Financial Report for September, 2008
6. Hold Reading and Adopt 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

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.

PUBLIC HEARINGS – None

UNFINISHED BUSINESS
7. Consider Proposed Work plan and Budget Request from Cultural Commission

City Manager Loventhal introduced the matter.   He spoke with regard to the proposed budget of $25,000.  He reported that $18,000 has already been included in the City’s budget under Council Meetings and protocol that could be allocated toward the Cultural Commission’s requested $25,000.  He also answered questions from the Council.

Burton Craig and Joann Trembath, representing the Cultural Commission, spoke with regard to the proposed budget and work plan.  They stated that the Cultural Commission would like to decorate City Hall with holiday lights, wreath and tree, to prepare and send a holiday greeting card to each residence, to organize and host a holiday open house and tree lighting ceremony.

Council Member Aerts spoke in favor of the idea of the Commission preparing and sending holiday cards to the residents.  He suggested that the Commission contact the City of Campbell to see if they would loan to the City of Monte Sereno any decorations that Council Member Aerts had donated that are not being used.

Mayor Garner also spoke in support of the Commission organizing the holiday activities proposed.  He noted that a budget amendment would need to be approved by the Council for the remainder of the Commission’s proposal.

Following discussion there was Council consensus to approve the recommended budget allocation of $2,350 for the Holiday activities outlined in the proposal.  The Council also directed  staff to prepare the necessary budget amendment for Council to consider at a future meeting for the remainder of the Commission’s proposal.

8. Consider Request for Allocation of State Park Bond Funds

City Manager Loventhal introduced the item, provided background information to the Council and answered questions from the Council. 

Council Member Wright noted that the town of Los Gatos did not have a representative present and recommended that the matter be continued until a representative can attend.

City Manager Loventhal noted that the City of Saratoga had sent a representative and he suggested that the Council at least consider the request from the City of Saratoga.

Discussion commenced on whether or not to proceed.

Council Member Perry stated that he did not see any proposal from the Town of Los Gatos that interested him.

Council Member Baxter expressed appreciation with Saratoga’s attendance and reminded the Council that on two previous occasions the Council proceeded without a representative from Los Gatos.  He suggested that the Council proceed and if the Council is not interested in Los Gatos’ proposals, then the Monte Sereno council should make acceptable suggestions instead of prolonging the matter.

Mayor Garner suggested either hosting a work session with the other jurisdictions for the purpose of coming up with an acceptable project or holding the funds until an agreeable project is proposed.

Council Member Perry suggested that the matter of brainstorming be given to the Cultural Commission.

City Manager Loventhal suggested that the Council send a letter to the Town of Los Gatos expressing the Council’s interest in working with the Town of Los Gatos and engaging in a constructive conversation regarding an alternative for use of the funds previous designated for the skate park.

Following discussion there was Council consensus to send a letter from the Mayor as suggested by City Manager Loventhal.

Kathleen King, Saratoga City Council Member, spoke with regard to the Saratoga’s request for the funds.  She stated that Saratoga will place a plaque at each of the sites acknowledging the City of Monte Sereno’s contribution toward the park improvement.  She also answered questions from the Council.  Ms. King also encouraged the Council to seek credits from the City of Saratoga that would offset facility rental costs for Monte Sereno residents.

Council Member Wright moved that the City Council grant the funding request in the amount of $40,000 for use toward construction of a Bocce Ball court, a petanque court, and two plaques acknowledging Monte Sereno’s contribution.  In addition the Council requests that the City of Saratoga award the City of Monte Sereno $20,000 in credits to its residents to offset park rental fee.  The motion was seconded by Council Member Perry and the motion passed with a 5-0 vote.

NEW BUSINESS

Council Member Aerts recused himself from consideration of the next matter and vacated the Council Chambers.

9. Consider City Council Vacancy

City Manager Loventhal provided information on the two options available to the Council with regard to filling the Council seat vacated by Council Member Aerts.  He reported on the short window of time the Council would have should the Council decide to appoint a person to the vacated Council seat.  He also discussed the costs involved should the Council choose the other available option of calling for a special election to fill the vacated seat.

City Attorney Powell answered questions regarding the process and discussion among the Council commenced.

Council Member Wright spoke in favor of filling the seat through the appointment process.

Burton Craig, resident, inquired about effective a date of resignation and the upcoming regular election.

Staff addressed Mr. Craig’s questions.

Council Member Baxter stated that he feels the Council has an obligation to move swiftly on the matter and spoke in support of utilizing the appointment option. 

Discussion commenced with regard to the appointment process, outreach to eligible persons and the timing of the appointment and seating of the newly appointed Council Member.

City Attorney Powell suggested appointment on November 18th and seating the appointee at the 1st meeting of December.

Following discussion, Council Member Perry moved that the City Council begin the process to appoint a qualified resident to fill the Council vacancy and to direct staff to direct mail all residents within the City announcing the vacancy and the Council’s intent to appoint a person to fill the seat and inviting interested residents to submit the necessary information for consideration. Should more than five applications be received, the Council directs staff to attempt to schedule a special meeting on Monday, November 17 for the purpose of selecting the candidates that the Council wishes to interview.  Following candidate interviews, the appointment will be made on November 18th.  The motion was seconded by Council Member Wright.

The motion passed with a 4-0 vote.

Council Member Aerts rejoined the Council Members at the dais.

10. Consider Mayor/Vice Mayor Appointment Process

City Manager introduced matter and answered questions from the Council.

Council Member Wright spoke in support of the clarification of the annual selection of the Mayor and Vice Mayor as described in the amended Regulations and Guidelines for the Conduct of Public Meetings.

Mayor Garner also expressed his support for the clarification as did Council Members Perry and Baxter.

Council Member Wright moved to approve Resolution 1691.1 Amending Resolution No. 1691 And Rescinding Resolutions No. 2082 And Resolution No. 3226 Which Established Regulations And Guidelines For The Conduct Of Public Meetings.

The motion was seconded by Council Member Perry.  The motion passed with a 5-0.

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 upcoming civic facility improvement workshop.

ADJOURNMENT 

At 9:15 p.m., Mayor Garner adjourned the meeting to 7:30 p.m., Tuesday, November 18, 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