11/18/2008

SPECIAL MEETING CALLED TO ORDER

At 6:41 p.m., Mayor Garner called the meeting to order.

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL

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

PLEDGE OF ALLEGIENCE

UNFINISHED BUSINESS
• Interview City Council Candidates
 
Mayor Garner reported that the City Clerk had received thirteen letters of interest and at a previous meeting, the Council had narrowed the number of candidates down to three that the Council will interview.

Mayor Garner explained the interview process and the following candidates participated in the interview process:  Marshall Anstandig, Suzanne Jackson and Jackie Sturm.

The candidates were requested to introduce themselves and following their introductions the candidates were interviewed individually.

Following the interviews, the Council discussed the voting process and timeline with regard to seating the new Council Member, once appointed.

City Manager Loventhal distributed paper so Council Members could cast their vote for their top two candidates.

Following the voting and tallying of the votes, City Manager Loventhal announced that Marshall Anstandig and Suzanne Jackson were tied with 2 first place votes and 2 second place votes.

The Council Members then each cast a vote for their first choice candidate.

City Manager Loventhal gathered the votes, tallied the results and announced that there had been a 2-2 tie between Marshal Anstandig and Suzanne Jackson.
Discussion commenced with regard to how to break the tie.

Council Member Wright moved that the matter be continued to the regular Council Meeting to allow time for the Council Members to think about their choice and possibly consider a change to their vote.  The motion was seconded by Council Member Perry and the motion passed with a 3-1 vote.  Mayor Garner voted No stating that he would like to resolve the matter promptly.

ADJOURNMENT 

At 7:45 p.m., Mayor Garner adjourned the meeting to a the regularly scheduled meeting for, November 18, 2008 to be held in the City Council Chamber located at 18041 Saratoga-Los Gatos Road, Monte Sereno, and California.

        ______________________________
        Erin Garner, Mayor
ATTEST:

______________________________
Andrea M. Chelemengos, City Clerk
 

REGULAR MEETING CALLED TO ORDER

At 7:57 p.m., Mayor Garner called the meeting to order.

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL

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

ORAL COMMUNICATIONS

William Fisher, local architect, inquired about below grade accessory structures.

ORDERS OF THE DAY

Council Member Perry requested that Agenda Item 13 – Appointment of Council Member to Fill Unexpired Term Ending November 2010 be considered before agenda Item 1.  Council Member Baxter seconded the motion and the motion passed with a 3-1 vote.  Council Member Wright voted No.

NEW BUSINESS
1. Appointment of Council Member to Fill Unexpired Term Ending November 2010

Following brief discussion there was consensus of the Council to vote once again.

Council Member Perry spoke with regard to both candidates qualifications.

Council Member Wright discussed the options available for breaking a tie vote.

Council Member Baxter spoke in support of Council candidate Jackson.

Mayor Garner spoke with regard to Council candidate Anstandig’s legal background and communication skills.  He expressed concern for appointment of a past associate and its appearance to the public as cronyism.

Council Member Wright spoke with regard to Ms. Jackson political connections and the possible benefit to the City.

City Attorney Powell suggested that the Council may want to hear from the public.

Mayor Garner inquired if there was anyone from the public wishing to speak.  No one stepped forward to comment.

Council member Wright suggested that the Council flip a coin to break the tie.  Council Member Baxter seconded the motion for discussion purposes.

Council Member Baxter stated that he was uncomfortable with any decision reached by the flipping of coin.

Discussion commenced.

Council Member Wright withdrew his motion.  Council Member Baxter withdrew his second.

Following discussion, Council Member Baxter moved that the Council consider the matter at the end of the agenda.  The motion was seconded by Council Member Wright and the motion passed with a 4-0 vote.

WRITTEN COMMUNICATIONS

2. Letter from Town of Los Gatos Regarding PG&E Climate Smart Program

There was Council consensus to note and file the communication received from the Town of Los Gatos.

CONSENT CALENDAR

3. Approve Minutes of October 21, 2008 Work  Session and City Council Meeting
4. Approve Warrant List in the amount of $208,114.37
5. Approve Treasurer’s Report for Month of October, 2008
6. Approve Monthly Financial Report for October, 2008
7. Resolution Indicating City Contribution to Public Employees Retirement System On Behalf of Employees
8. Amend Contract With DC&E For General Plan Update Services

Council Member Perry moved to approve the Consent Calendar.  The motion was seconded by Council Member Wright and the motion passed with a 4-0 vote.

PUBLIC HEARINGS
9. SS-08-50 - 17951 Saratoga-Los Gatos Road - Property Owner: Sayuk
Applicant is requesting a Site Development Permit to allow a 5 foot tall gate and 7 foot tall light posts within the required front yard setback and along a scenic corridor (Highway 9).

Associate Planner McGranahan provided a staff report on the application and answered questions from the Council.

At 8:20 p.m. Mayor Garner opened the Public hearing.  Since there was no one wishing to speak, the Public Hearing was closed.

Council member Perry made the required findings and moved to approve the site Development Permit.

Council Member Wright spoke in support of the application because of the open design of the portion of the gate that is over 3 feet tall.

Council Member Wright seconded the motion and the motion passed with a 4-0 vote.
 
10. SS-08-48 and U-08-02 - 18366 Chadbourne Lane - Property Owner: Eldredge
The applicant requests approval of a Site Development Permit for an arbor of 180 sq ft.  The applicant also requests approval of a Use Permit to allow more than one accessory structure.  This Site Development Permit application was previously reviewed and recommended for approval by the Site and Architecture Commission.

Associate Planner McGranahan provided a staff report and reported that the Site and Architecture Commission recommended to the Council conditional approval of the Site Development Permit.

At 8:25 p.m., Mayor Garner opened the Public Hearing.  Since there was no one wishing to speak, the Public Hearing was closed.

Council Member Baxter stated that he was able to support the application for the Site Development Permit and the Use Permit based on the required findings and moved to approve the applications.  The motion was seconded by Council Member Wright and the motion passed with a 4-0 vote.

11. SS-08-47 and U-08-01 - 15610 Palos Verdes - Property Owner: Gonzales/Allen
The applicant requests approval of a Site Development Permit for two arbors of 124 sq. ft. and 180 sq. ft.  The applicant also requests approval of a Use Permit to allow more than one accessory structure.  This Site Development Permit application was previously reviewed and recommended for approval by the Site and Architecture Commission.

Associate Planner McGranahan provided a staff report on the application and answered questions from the Council.

Mayor Garner opened the Public Hearing at 8:31 p.m. 

Lisa Herberg, resident, inquired about the application and expressed concern that the structure may loom over the neighboring properties.

Associate Planner McGranahan reported that the structures had already been constructed and that the neighbor would be able to see them if the structures were visible from her property.

The applicant spoke in favor of the application and offered to answer questions from the Council.

Since there was no one else wishing to speak, the Public Hearing was closed at 8:36 p.m.

Council Member Baxter requested that with future applications that it be made clear if the structures had already been built.  He stated that he finds there to be no impact to the neighboring properties and spoke in support of the application.

Mayor Garner moved to approve the applications based on the findings.  The motion was seconded by Council Member Wright and the motion passed with a 4-0 vote.

UNFINISHED BUSINESS

12. Consider Funding Request from A Place For Teens

Co- Presidents Lee Fagot and Caroline Ardizonne, spoke with regard to the funding request and provided information to the Council on the programs offered by A Place for Teens.  They also answered questions from the Council.

Linda Manry, resident,  spoke in support of the funding request.

City Manager  Loventhal answered questions from the Council.

Council Member Wright moved to grant funding in the amount of $2,500.  Council Member Perry seconded the motion.

Council Member Perry suggested that the amount be increased to $4,000.

Discussion commenced and council Member Wright withdrew his motion.

Following additional discussion, Council Member Wright moved to grant funding in the amount of $2,500.  The motion was seconded by Council Member Perry and the motion passed with a4-0 vote.

13. Reject All Bids Presented for Safety Camera System

City Manager Loventhal presented the staff report and answered questions from the Council.  City Manager Loventhal provided information on reasons given by different vendors who declined to bid.  He spoke with regard to rejecting the bid received and proceeding with a new RFP.

Mayor Garner moved to reject all bids.  Council Member Wright seconded the motion and the motion passed with a 4-0 vote.

Mayor Garner moved that the City Council direct staff to reopen bid process and bring qualifying bids back to the Council at its February 17, 2009 meeting.  Council Member Baxter seconded the motion and the motion passed with a 3-1 vote.  Council Member Wright voted No and stated that he did not think this Council should dictate what comes before the incoming City Council for consideration.

NEW BUSINESS
14. Appointment of Council Member to Fill Unexpired Term Ending November 2010

Discussion commenced with regard to tie breaking methods.

Council Member Wright moved that the City Attorney flip a coin and that the City Manger assign heads/tails to the  candidates.

Following discussion, Council Member Wright withdrew his motion.

Following further discussion on tie breaking methods, Mayor Garner called for a recess at 9:05 p.m.  At 9:42 p.m., Mayor Garner reconvened the meeting.

Mayor Garner reported that during the recess he had researched various ways in which to break a tie vote.  He further explained that most of those methods are based on the candidates having been ranked from the beginning of the selection process.

Council Member Baxter spoke with regard to the various tie breakers and stated that he thought if the suggested tie breakers were used, the result would be the same – a tie.

Mayor Garner stated that he had spoken with the Council Members elect and that their opinions have been considered in his opinion.  He inquired if Council Member elect Lana Malloy would be willing to share her opinion on who should be appointed to fill the vacant council seat.

Ms. Malloy stated that she would be put in a tough situation, but that she would voice her opinion if the Council would listen to her input.

Council Member Wright stated that he would like to hear her opinion, since she will be on the Council, and that he would adhere to her position.

Lana Malloy stated that although both candidates are excellent choices and that she could work with either one she stated that she feels the Council is moving in a new direction and that a new perspective is needed on the Council, and that the Council should appoint Mr. Anstandig since he would be new to the Council.

Council Member Wright suggested another vote be cast.

Following the vote, City manager Loventhal reported that Marshall Anstandig had received 3 votes and Suzanne Jackson had received 1 vote.

Council Member Perry moved that the City Council appoint  Marshall Anstandig to the City Council to complete the unexpired term ending November 2010.  The motion was seconded by Mayor Garner and the motion passed with a 4-0 vote.

Mayor Garner thanked Ms. Jackson for her participation and congratulated Mr. Anstandig.

Discussion commenced with regard to the date Mr. Anstandig should be sworn in and seated on the City Council.

Barbara Allen, resident, expressed concern with a quorum for the December Site and Architecture meeting since Mr. Anstandig is a current Commissioner and another Commissioner will be absent from the December meeting.

Lana Malloy, Council Member elect, suggested the December Site and Architecture meeting be cancelled.

After further discussion, Council Member Perry moved to seat  Mr. Anstandig at the December 2, 2008 City Council meeting.  Council Member Baxter seconded the motion and the motion passed with a 3-1 vote.  Council Member Wright voted No stating that he thought it would be better to seat Mr. Anstandig on December 16, 2008 along with the two newly elected Council Members.

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 the Civic Facility master plan add on of the public survey and the City tee shirt incentive offered.

Council Member Wright suggested that the County residents be somehow included in that survey.

ADJOURNMENT 

At 10:25 p.m., Mayor Garner adjourned the meeting in memory of the late Seena Hoose,  Former Board member for Geologists and Geophysicists President as well as former member of the State Mining and Geology Board,  to 7:30 p.m., Tuesday, December 2, 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