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10/21/2003 MEETING CALLED TO ORDER At 7:30 p.m., Mayor Baxter called the meeting to order. PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL Present: Councilmembers Brodsky, Garner, Nesbet, Wright and Mayor Baxter Absent: None Staff Present: City Manager Loventhal, Assistant City Attorney Powell and City Clerk Chelemengos ORDERS OF THE DAY There were no changes to the agenda. ORAL COMMUNICATIONS Marc Blaauw, Grosvenor Ct. spoke with regard to fence height limit and urged the Council to consider increasing the allowable fence height. Ray Davis, Los Gatos, suggested relocation of the podium and discussed the Sobrato development proposed off of Winchester Blvd. Mr. Davis also spoke with regard to the recent speed survey conducted by the Town of Los Gatos. Joe Padgett, Saratoga-Los Gatos Road, spoke with regard to his public records request and also discussed an existing accessory building. Dick King discussed funding for the Los Gatos Theater Improvement Project and advised the Council that the committee organizing the Improvement Project will be approaching the Council at a later date to ask for a contribution. Mr. King also invited the Councilmembers to the upcoming Fundraising event. WRITTEN COMMUNICATIONS None PRESENTATION 1. Quarterly Update from Police Chief Seaman Police Chief Seaman provided information pertaining to Police Services in general, the most recent quarter logs/service calls, and most common crimes in the area. He also discussed issues related to party and youth incidents, response times, service hours, domestic violence calls, cuts in program funding and case closure rates. Chief Seaman also answered questions from the Council. 2. Consider Resolution Endorsing Santa Clara Valley Transportation Authority Community Design Transportation Plan Chris Augustine, Valley Transportation Authority, presented information on the Community Design Transportation Program and discussed the program’s goals and objective. He discussed available grants and the community outreach procedure. Mr. Augustine answered questions from the Council and requested that the Council adopt the Resolution in support of the Program. Councilmember Brodsky commended Mr. Augustine for the program and asked if the grants Mr. Augustine had discussed could be used for pedestrian improvements. Mr. Augustine stated that the grant money could be used toward pedestrian improvements. Discussion commenced among the Council and staff with regard to language contained in the resolution. Some Councilmembers voiced concern for the resolution being too prescriptive by including mention of specific streets, while other Councilmembers wanted to include mention of specific streets. Also, Councilmember Nesbet voiced concern that the document may be used against the City of Monte Sereno relative to future planning projects. Following additional discussion, Councilmember Brodsky moved to amend the proposed Resolution by modifying the 12th paragraph to read as follows “LET IT FURTHER BE RESOLVED, that the City recognizes the cores, major transportation corridors, and station areas as identified in the CDT Manual of Best Practices for Integrating Transportation and Land Use and by the City as key areas to target future growth and implement the CDT concepts, principles, practices and actions in accordance with adopted City plans and policies.” The motion was seconded by Councilmember Curtis and passed with a 5-0 vote. Consent Calendar Item #7 was removed from the Consent Calendar. CONSENT CALENDAR 3. Approve Minutes of September 16, 2003 4. Approve Warrant List in the amount of $118,345.16 5. Approve Monthly Financial Report for September, 2003 6. Approve Monthly Treasurer’s Report for September, 2003 8. Adopt Resolution Approving The Use Of SLESF Funds For One (1) Police Officer To Be Assigned To The Santa Clara County Specialized Enforcement Team Councilmember Garner moved to approve the Consent Calendar. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote. 7. Approve Proposed Agreement to Issue Letter of Intent on US-China City Cooperation In reply to the questions from the Council, Mayor Baxter explained the purpose of the proposed agreement relative to his upcoming trip to China. Discussion commenced. Several Councilmember voiced concern regarding China’s reputation relative to human rights and the recent relocation of manufacturing jobs from the United Stated to China and suggested that Mayor Baxter have a prepared statement representing Monte Sereno. Following discussion, Councilmember Wright moved to authorize the Mayor to sign the proposed agreement. The motion was seconded by Councilmember Nesbet and passed with a 4-0 vote. Mayor Baxter abstained. PUBLIC HEARINGS 9. TR-03-08 - Address: Loma Serena Open Space Property -Property Owner: Loma Serena Homeowner Association Consideration of an application for a permit to remove five (5) eucalyptus trees located on the Loma Serena Property behind Lots 18182 Via Encantada and 15416 Via Caballero Mayor Baxter recused himself due to his affiliation with the Loma Serena Homeowners Association. Vice Mayor Garner assumed the duty of chairing the meeting. Rick Martig, applicant and representing the Home Owners Association, explained the tree removal request for the reason that the trees prohibit access to what is an emergency fire access corridor. He stated that the Homeowners Association is willing to plant replacement trees in a different location closer to the existing stables. At 8:45 p.m., Vice Mayor Garner opened the public hearing. Ray Davis, Los Gatos, spoke in support of application and mentioned some of the undesirable traits of Eucalyptus trees. Since there was no one wishing to speak, Vice Mayor Garner closed the Public Hearing at 8:49 p.m. Following brief discussion, Councilmember Nesbet moved that the tree removal application be approved with the condition that the trees be replaced with redwood trees at a 1 to 1 ratio. Councilmember Wright seconded the motion and it passed with a 4-0 vote. Mayor Baxter returned to the dais. 10. Introduce And Hold First Reading Of Proposed Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 10 Of The Monte Sereno Municipal Code By Adding Chapter 19 Regarding Regulation of Special Events Mayor Baxter noted receipt of a letter on the matter from Mrs. Bamford. City Manager Loventhal presented a staff report to the Council and answered questions regarding the proposed ordinance. At 9:57 p.m., Mayor Baxter opened the Public Hearing. Le Nguyen, Danielle Place, spoke with regard to the impact special events have on neighborhoods and traffic. He spoke in support of regulating special events. Barbara Allen, Oakhurst Drive, spoke in opposition of the proposed ordinance and stated that she thought it inappropriate for the City to be involved in such matters. Joe Padgett, Saratoga-Los Gatos Road, cautioned the City Council about becoming involved in or regulating what might be considered an expression of one’s religious freedom. He stated that such action might instigate legal action. He stated that the proposed ordinance is a waste of Council time and City money. Chris Chapman spoke in favor of the ordinance. Gary Niva, Viewfield, stated that the City Council should not get involved in what amounts to a private matter. Since there was no one else wishing to speak, Mayor Baxter closed the Public Hearing at 9:10 p.m. Councilmember Garner spoke in opposition to the proposed ordinance and urged the Council to consider modifying the public nuisance portion of the Code to address any potential safety issues evolving from a special event. Councilmember Wright spoke in support of the proposed ordinance and pointed out that the issue is not only a neighbor problem, but affects many more people. He stated that having such an ordinance in place allows the City to regulate all types of events that impact the public streets and allows for other mitigation measures of potentially impact full events. Councilmember Brodsky recalled the petition signed by numerous residents and spoke in favor of implementing an ordinance that would protect residents’ peace and privacy. He noted that Monte Sereno has regulations prohibiting business for the purpose of limiting traffic and maintaining the City’s residential character. For this same reason, the City should implement an ordinance that provides definition and guidelines of acceptable events. Mayor Baxter stated that he could not support the ordinance and stated that he found it difficult to know at what point an event becomes a “special event”. He expressed concern with the impact on neighbors and residents that want to have block parties and other social gatherings. He agreed with the comments and suggestions of Councilmember Garner. City Manager Loventhal and Assistant City Attorney Powell answered questions from the Council related to the subject matter. Discussion commenced. Councilmember Wright moved to waive further reading of the proposed ordinance and introduce it as read by title. Councilmember Brodsky seconded the motion. The motion passed with a 3-2 vote. Councilmember Garner and Mayor Baxter voted No. UNFINISHED BUSINESS 11. Discuss Modification of the R1-8 Zoning Regulations Pertaining to Storage of Trailers City Manager Loventhal provided a staff report and answered questions regarding the matter. Mayor Baxter acknowledged receipt of letters from Jack and Frances Lucas, George and Virginia Jensen and Larry Sladewski. Mayor Baxter opened the floor for public comment. Joe Padgett, Saratoga-Los Gatos Road, pointed out that eliminating the subject exception might create a hardship for owners of R1-8 properties. Gary Niva, Viewfield Road, expressed opposition to eliminating the exception. Gloria Pacholec, 17510 Via Sereno, stated that removing the exception might create a hardship. Phil Levine, Poppy Lane, spoke in opposition to changing the code to prohibit storage of trailers in the front yard. Barbara Allen, Oakhurst, asked about the difference between storage of trailers in the front yard and the storage of cars in the front yard. She stated that both constitute an eyesore. Councilmember Wright stated that he had requested that this item be placed on the agenda and that he felt that permanent storage of trailers should be kept out of the view of the public and neighbors. He further stated that the permanent storage of trailers in the front yard is not how Monte Sereno should look. Councilmember Garner stated that the suggested permit procedure may be problematic and suggested that a limit be placed on the number and size of trailers that may be stored in the front yard. Councilmember Brodsky echoed Councilmember Garner’s comments and stated that removal of the exception might be overly restrictive. Councilmember Nesbet expressed concern for people who had purchased trailers etc. with the understanding that they can be stored on the property. She stated that she was not in favor of changing the code at this time. Discussion commenced. There was consensus to table the matter. 12. Approve Silicon Valley Animal Control Authority JPA Amendment City Manager Loventhal provided information on the proposed amendment. Councilmember Wright moved to approve the amendment and authorize the City Manager to execute the agreement. Councilmember Nesbet seconded the motion and it passed with a 5-0 vote. NEW BUSINESS COMMITTEE/COMMISSION REPORTS · Minutes of the September 3, 2003, Site and Architecture Commission The Council acknowledged receipt of the minutes. The Councilmembers reported on the various actions of their assigned Committees and Commissions. CITY MANAGER’S REPORT City Manager Loventhal reported on the Daves Avenue School Improvement Project. At 10:55 p.m., Mayor Baxter announced the subject of the Closed Session and adjourned the meeting to Close Session. CLOSED SESSION · Pursuant to Government Code Section 54954.5 The Council Will Meet In Closed Session for Litigation Evaluation by City Attorney · Pursuant To Government Code Section 54956.9(A) The Council Will Meet In Closed Session With Legal Counsel To Discuss Existing Litigation - Ravi Kumra Vs. City Of Monte Sereno (Superior Court Case No. CV773964) · Pursuant to Government Code Section 54956.9 (a) the Council will meet in Closed Session to Discuss Existing Litigation - City of Monte Sereno vs. Darla Padgett a.k.a Darla K. Hurt-Weese and Joe Padgett (Superior Court No. CV814522). · Pursuant to Government Code Section 54956.9 (c) the Council Will Meet in Closed Session to Discuss Potential Litigation RECONVENE TO OPEN SESSION At 11:35 p.m. the meeting was reconvened to Open Session. REPORT ON ACTION TAKEN DURING CLOSED SESSION Mayor Baxter announced that there was no action taken and nothing to report from Closed Session. ADJOURNMENT At 11:40 p.m., Mayor Baxter adjourned the meeting to 7:30 p.m. Tuesday, November 18, 2003 to be held in the City Council Chambers located at 18041 Saratoga-Los Gatos Road, Monte Sereno, California. _________________________________ David Baxter, Mayor ATTEST: ______________________________ Andrea M. Chelemengos, City Clerk
At 7:30 p.m., Mayor Baxter called the meeting to order.
PLEDGE OF ALLEGIANCE TO THE FLAG
Present: Councilmembers Brodsky, Garner, Nesbet, Wright and Mayor Baxter
Absent: None
Staff Present: City Manager Loventhal, Assistant City Attorney Powell and City Clerk Chelemengos
ORDERS OF THE DAY
There were no changes to the agenda.
ORAL COMMUNICATIONS
Marc Blaauw, Grosvenor Ct. spoke with regard to fence height limit and urged the Council to consider increasing the allowable fence height.
Ray Davis, Los Gatos, suggested relocation of the podium and discussed the Sobrato development proposed off of Winchester Blvd. Mr. Davis also spoke with regard to the recent speed survey conducted by the Town of Los Gatos.
Joe Padgett, Saratoga-Los Gatos Road, spoke with regard to his public records request and also discussed an existing accessory building.
Dick King discussed funding for the Los Gatos Theater Improvement Project and advised the Council that the committee organizing the Improvement Project will be approaching the Council at a later date to ask for a contribution. Mr. King also invited the Councilmembers to the upcoming Fundraising event.
None
Police Chief Seaman provided information pertaining to Police Services in general, the most recent quarter logs/service calls, and most common crimes in the area. He also discussed issues related to party and youth incidents, response times, service hours, domestic violence calls, cuts in program funding and case closure rates. Chief Seaman also answered questions from the Council.
Chris Augustine, Valley Transportation Authority, presented information on the Community Design Transportation Program and discussed the program’s goals and objective. He discussed available grants and the community outreach procedure. Mr. Augustine answered questions from the Council and requested that the Council adopt the Resolution in support of the Program.
Councilmember Brodsky commended Mr. Augustine for the program and asked if the grants Mr. Augustine had discussed could be used for pedestrian improvements.
Mr. Augustine stated that the grant money could be used toward pedestrian improvements.
Discussion commenced among the Council and staff with regard to language contained in the resolution. Some Councilmembers voiced concern for the resolution being too prescriptive by including mention of specific streets, while other Councilmembers wanted to include mention of specific streets. Also, Councilmember Nesbet voiced concern that the document may be used against the City of Monte Sereno relative to future planning projects.
Following additional discussion, Councilmember Brodsky moved to amend the proposed Resolution by modifying the 12th paragraph to read as follows “LET IT FURTHER BE RESOLVED, that the City recognizes the cores, major transportation corridors, and station areas as identified in the CDT Manual of Best Practices for Integrating Transportation and Land Use and by the City as key areas to target future growth and implement the CDT concepts, principles, practices and actions in accordance with adopted City plans and policies.” The motion was seconded by Councilmember Curtis and passed with a 5-0 vote.
Consent Calendar Item #7 was removed from the Consent Calendar.
CONSENT CALENDAR
3. Approve Minutes of September 16, 2003
4. Approve Warrant List in the amount of $118,345.16
5. Approve Monthly Financial Report for September, 2003
6. Approve Monthly Treasurer’s Report for September, 2003
8. Adopt Resolution Approving The Use Of SLESF Funds For One (1) Police Officer To Be Assigned To The Santa Clara County Specialized Enforcement Team
Councilmember Garner moved to approve the Consent Calendar. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote.
7. Approve Proposed Agreement to Issue Letter of Intent on US-China City Cooperation
In reply to the questions from the Council, Mayor Baxter explained the purpose of the proposed agreement relative to his upcoming trip to China.
Discussion commenced. Several Councilmember voiced concern regarding China’s reputation relative to human rights and the recent relocation of manufacturing jobs from the United Stated to China and suggested that Mayor Baxter have a prepared statement representing Monte Sereno.
Following discussion, Councilmember Wright moved to authorize the Mayor to sign the proposed agreement. The motion was seconded by Councilmember Nesbet and passed with a 4-0 vote. Mayor Baxter abstained.
PUBLIC HEARINGS
Mayor Baxter recused himself due to his affiliation with the Loma Serena Homeowners Association.
Vice Mayor Garner assumed the duty of chairing the meeting.
Rick Martig, applicant and representing the Home Owners Association, explained the tree removal request for the reason that the trees prohibit access to what is an emergency fire access corridor. He stated that the Homeowners Association is willing to plant replacement trees in a different location closer to the existing stables.
At 8:45 p.m., Vice Mayor Garner opened the public hearing.
Ray Davis, Los Gatos, spoke in support of application and mentioned some of the undesirable traits of Eucalyptus trees.
Since there was no one wishing to speak, Vice Mayor Garner closed the Public Hearing at 8:49 p.m.
Following brief discussion, Councilmember Nesbet moved that the tree removal application be approved with the condition that the trees be replaced with redwood trees at a 1 to 1 ratio. Councilmember Wright seconded the motion and it passed with a 4-0 vote.
Mayor Baxter returned to the dais.
Mayor Baxter noted receipt of a letter on the matter from Mrs. Bamford.
City Manager Loventhal presented a staff report to the Council and answered questions regarding the proposed ordinance.
At 9:57 p.m., Mayor Baxter opened the Public Hearing.
Le Nguyen, Danielle Place, spoke with regard to the impact special events have on neighborhoods and traffic. He spoke in support of regulating special events.
Barbara Allen, Oakhurst Drive, spoke in opposition of the proposed ordinance and stated that she thought it inappropriate for the City to be involved in such matters.
Joe Padgett, Saratoga-Los Gatos Road, cautioned the City Council about becoming involved in or regulating what might be considered an expression of one’s religious freedom. He stated that such action might instigate legal action. He stated that the proposed ordinance is a waste of Council time and City money.
Chris Chapman spoke in favor of the ordinance.
Gary Niva, Viewfield, stated that the City Council should not get involved in what amounts to a private matter.
Since there was no one else wishing to speak, Mayor Baxter closed the Public Hearing at 9:10 p.m.
Councilmember Garner spoke in opposition to the proposed ordinance and urged the Council to consider modifying the public nuisance portion of the Code to address any potential safety issues evolving from a special event.
Councilmember Wright spoke in support of the proposed ordinance and pointed out that the issue is not only a neighbor problem, but affects many more people. He stated that having such an ordinance in place allows the City to regulate all types of events that impact the public streets and allows for other mitigation measures of potentially impact full events.
Councilmember Brodsky recalled the petition signed by numerous residents and spoke in favor of implementing an ordinance that would protect residents’ peace and privacy. He noted that Monte Sereno has regulations prohibiting business for the purpose of limiting traffic and maintaining the City’s residential character. For this same reason, the City should implement an ordinance that provides definition and guidelines of acceptable events.
Mayor Baxter stated that he could not support the ordinance and stated that he found it difficult to know at what point an event becomes a “special event”. He expressed concern with the impact on neighbors and residents that want to have block parties and other social gatherings. He agreed with the comments and suggestions of Councilmember Garner.
City Manager Loventhal and Assistant City Attorney Powell answered questions from the Council related to the subject matter. Discussion commenced.
Councilmember Wright moved to waive further reading of the proposed ordinance and introduce it as read by title. Councilmember Brodsky seconded the motion. The motion passed with a 3-2 vote. Councilmember Garner and Mayor Baxter voted No.
UNFINISHED BUSINESS
City Manager Loventhal provided a staff report and answered questions regarding the matter.
Mayor Baxter acknowledged receipt of letters from Jack and Frances Lucas, George and Virginia Jensen and Larry Sladewski.
Mayor Baxter opened the floor for public comment.
Joe Padgett, Saratoga-Los Gatos Road, pointed out that eliminating the subject exception might create a hardship for owners of R1-8 properties.
Gary Niva, Viewfield Road, expressed opposition to eliminating the exception.
Gloria Pacholec, 17510 Via Sereno, stated that removing the exception might create a hardship.
Phil Levine, Poppy Lane, spoke in opposition to changing the code to prohibit storage of trailers in the front yard.
Barbara Allen, Oakhurst, asked about the difference between storage of trailers in the front yard and the storage of cars in the front yard. She stated that both constitute an eyesore.
Councilmember Wright stated that he had requested that this item be placed on the agenda and that he felt that permanent storage of trailers should be kept out of the view of the public and neighbors. He further stated that the permanent storage of trailers in the front yard is not how Monte Sereno should look.
Councilmember Garner stated that the suggested permit procedure may be problematic and suggested that a limit be placed on the number and size of trailers that may be stored in the front yard.
Councilmember Brodsky echoed Councilmember Garner’s comments and stated that removal of the exception might be overly restrictive.
Councilmember Nesbet expressed concern for people who had purchased trailers etc. with the understanding that they can be stored on the property. She stated that she was not in favor of changing the code at this time.
Discussion commenced. There was consensus to table the matter.
City Manager Loventhal provided information on the proposed amendment.
Councilmember Wright moved to approve the amendment and authorize the City Manager to execute the agreement. Councilmember Nesbet seconded the motion and it passed with a 5-0 vote.
NEW BUSINESS
· Minutes of the September 3, 2003, Site and Architecture Commission
The Council acknowledged receipt of the minutes.
The Councilmembers reported on the various actions of their assigned Committees and Commissions.
City Manager Loventhal reported on the Daves Avenue School Improvement Project.
At 10:55 p.m., Mayor Baxter announced the subject of the Closed Session and adjourned the meeting to Close Session.
· Pursuant to Government Code Section 54954.5 The Council Will Meet In Closed Session for Litigation Evaluation by City Attorney
· Pursuant to Government Code Section 54956.9 (a) the Council will meet in Closed Session to Discuss Existing Litigation - City of Monte Sereno vs. Darla Padgett a.k.a Darla K. Hurt-Weese and Joe Padgett (Superior Court No. CV814522).
· Pursuant to Government Code Section 54956.9 (c) the Council Will Meet in Closed Session to Discuss Potential Litigation
At 11:35 p.m. the meeting was reconvened to Open Session.
Mayor Baxter announced that there was no action taken and nothing to report from Closed Session.
ADJOURNMENT
At 11:40 p.m., Mayor Baxter adjourned the meeting to 7:30 p.m. Tuesday, November 18, 2003 to be held in the City Council Chambers located at 18041 Saratoga-Los Gatos Road, Monte Sereno, California.
_________________________________
David Baxter, Mayor
ATTEST:
______________________________
Andrea M. Chelemengos, City Clerk
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