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11/18/2003 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 Mayor Baxter requested that Nancy Hobbs’ Commission/Committee report on the activities of the Flood Control District be given following Oral Communications. Mayor Baxter stated that the meeting would be adjourned in memory of Jack Sequist, a Monte Sereno resident who recently passed away. Councilmember Nesbet spoke of Mr. Sequist who was known by many as a friendly and neighborly man who will be missed. Mayor Baxter also acknowledged the recent death of Dick Winckler and opened the meeting with a moment of silence. ORAL COMMUNICATIONS Joe Padgett, Saratoga-Los Gatos Road, spoke with regard to the California Public Records Act. Dorothea Bamford referred to her recent letter and spoke with regard to visibility and vegetation along Withey Road. City Manager stated that numerous site visits had been made to Withey Road, but apparently concerns still exist. He stated that he would get clarification of the problem area so it can be addressed. Fred Hawkes, Palos Verdes, discussed an advertised holiday sale located on Vineland Avenue. He stated that he considered such activity as commercial activity and in violation of the City’s Code. Committee Commission Report Nancy Hobbs reported on the recent activities of the Guadalupe/West Valley Flood Control And Watershed Advisory Committee. She also discussed capital expenses and maintenance programs, announced the formation of a new advisory committee with staggered terms for the members, discussed County Oversight Committee for Clean Streams and Water Ways and reported on the status of the parcel tax. WRITTEN COMMUNICATIONS None PRESENTATION 1. Update from Dr. Richard Adrouny Regarding Colon Cancer Free Zone Dr. Adrouny updated the Council on the Colon Cancer Free Zone Program and thanked the Council for being the first to pass such a resolution. He reported on the formation of a steering committee, local statistics, various community outreach efforts and answered questions from the Council. The Council thanked Dr. Adrouny for the update and stated that they were pleased with the progress. 2. Presentation by Saratoga Councilmembers Ann Waltonsmith and Kathleen King Regarding Establishing a Monte Sereno/Saratoga Community Foundation. Ann Waltonsmith and Kathleen King discussed formation of a Community Foundation that would allow for residents to contribute to the funding of various community projects. They discussed the generalities of forming such a foundation, possible founding members, and a matching fund donation from the City. Ms. Waltonsmith and Ms. King also answered questions from the Council. The Council expressed support for looking into the matter of forming a Community Foundation and Mayor Baxter and Councilmember Garner volunteered to serve on a subcommittee to investigate the matter. Councilmember Nesbet briefly discussed the one-year anniversary of the fatal accident of Eric Quesada and requested that a poster be posted at City Hall commemorating Mr. Quesada and cautioning against drinking and driving. CONSENT CALENDAR 3. Approve Minutes of October 21, 2003 4. Approve Warrant List in the amount of $118,345.16 5. Approve Monthly Financial Report for October, 2003 6. Approve Monthly Treasurer’s Report for October, 2003 Councilmember Garner moved to approve the Consent Calendar. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote. PUBLIC HEARINGS 7. TR-03-09 - Address: 15237 Alma Jo Court - Property Owner: McMahon Consideration of an application for a permit to remove one (1) Monterey Pine tree and one (1) Liquid Amber tree Terry McMahon, applicant, withdrew his application to remove the Liquid Amber and explained that he did not want the issue of removing the Liquid Amber to hold up his construction project therefore he redesigned his driveway plan in order to preserve the tree.. Mr. McMahon distributed binders containing information on the declining health and infestation of the Monterey Pine tree. He spoke in favor of removing the pine tree and stated that he would plant a replacement tree of any type and size deemed appropriate by the Council. Mr. McMahon also answered questions from the Council. Discussion commenced. At 8:21 p.m., Mayor Baxter opened the public hearing. Joe Padgett, Saratoga-Los Gatos Road, spoke in favor of the requested tree removal and urged the Council to rely upon the expertise of the arborist. Since there was no one else wishing to speak, the public hearing was closed at 8 24 p.m. Councilmember Nesbet inquired about other trees on the plan labeled “to be moved”. Mr. McMahon clarified that no trees are proposed to be moved. Councilmember Brodsky expressed concern with the withdrawal of the tree removal request for the Liquid Amber and the necessary redesign of plans. He stated that the tree removal permit process in some cases maybe too strict and be a burden on citizens. He stated that he would like the Council to consider allowing the applicant to remove the Liquid Amber. Councilmember Nesbet expressed appreciation for the applicant’s redesign of the driveway in order to preserve the Liquid Amber tree. Following discussion, Mr. McMahon, the applicant stated that he would like to maintain his withdrawal of his request to remove the Liquid Amber. Councilmember Nesbet moved to approve removal of the Monterey Pine with the condition the tree be replaced with either an Oak or an Incense Cedar of a size of 24-inch box or greater. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote. UNFINISHED BUSINESS 10. Hold Second Reading and Adopt 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 City Manager presented the staff report. Le Nguyen, Danielle Place, thanked Council for their time on the matter, spoke in favor of the ordinance and urged the Council to adopt the ordinance. Joe Padgett, Saratoga-Los Gatos Road, asked questions with regard to the proposed ordinance. Staff and Council responded to Mr. Padgett’s inquiry. There was no one else in the audience wishing to speak. Following discussion, Councilmember Wright moved to hold the second reading of the ordinance and adopt the ordinance. Councilmember Nesbet seconded the motion. The motion passed with a 3-2 vote. Mayor Baxter and Councilmember Garner voted No. 8. Update from Mayor regarding visit to China Mayor Baxter updated the Council on his recent trip to China and answered questions from the Council pertaining to his trip. NEW BUSINESS 9. Discuss Secondary Dwelling Unit Regulations City Manager Loventhal presented a staff report and explained that the issue had been raised by a Councilmember interested in exploring the possibility of allowing Secondary Dwelling Units to be built on top of detached garages. Councilmember Brodsky urged the Council to consider modifying the Second Dwelling Unit regulations as explained by City Manager Loventhal. He urged the Council to consider changes to the R1-44 and R1-20 zoning district and cited a situation where a secondary dwelling unit above a detached garage (had it been allowed) would have been the best alternative for a resident. Discussion commenced and there was consensus to direct City Manager Loventhal to look into the subject along with the General Plan Policies and any impact such a change would have on the City’s Housing Element. Several Councilmembers indicated that they would be in favor of considering such a change, but only if the change would not jeopardize the certification status of the Housing Element. At 9:23 p.m., Mayor Baxter called for a brief recess. At 9:27 p.m. the meeting was reconvened. COUNCIL REORGANIZATION · Remarks by Outgoing Mayor Mayor Baxter recapped the accomplishments of the past year including a sound budget status, certification of the City’s Housing Element, the adoption of the Building Permit Appeals Board, various community outreach efforts, etc. He acknowledged the challenges of the upcoming year and thanked the Councilmembers and staff for their support and effort during the year. · Election of Mayor and Vice Mayor Mayor Baxter nominated Erin Garner as Mayor. Councilmember Wright seconded the nomination. Since there were no other nominations, Vice Mayor Garner was unanimously elected Mayor. Mayor Elect Garner thanked Councilmember Baxter for his leadership as Mayor and stated that he hoped to emulate both Councilmember Baxter and Councilmember Nesbet’s efforts in protecting the City’s assets. Mayor Garner nominated Councilmember Wright to serve as Vice Mayor. Councilmember Baxter seconded the nomination. Councilmember Nesbet expressed her interest in serving as Vice Mayor. Discussion commenced. Councilmember Brodsky nominated Councilmember Nesbet to serve as Vice Mayor. Mayor Garner expressed interest in providing the new Councilmembers with an opportunity to serve as Mayor or Vice Mayor during their term. Councilmember Nesbet encouraged the Council in choosing the Vice Mayor to consider the City as a whole, to rely on her experience and time on the City Council, and to keep in mind that this year maybe her last year on the Monte Sereno City Council. Further discussion commenced. Councilmember Brodsky withdrew his nomination and stated that although Councilmember Nesbet is qualified and had provided good leadership in the past, based on the discussion, he would like to see Councilmember Wright move up to the position of Vice Mayor. Councilmember Wright stated that he would be honored to be Vice Mayor and further stated that he has the time to contribute to the position and that the title of Vice Mayor would benefit him in his position and work with the League of California Cities. Following the discussion, the motion passed with a 5-0 vote making Councilmember Wright Vice Mayor for year 2004. Vice Mayor Wright stated that if agreeable to the Council he would like to utilize the title Mayor Pro Tempore during his term. This was acceptable to the Council. COMMITTEE/COMMISSION REPORTS · Minutes of the October 1, 2003 Site and Architecture Commission The Council acknowledged receipt of the minutes of the October Site and Architecture Commission meeting. The Councilmember reported on the activities of their assigned Commissions/Committees. Mayor Garner requested that the Councilmembers consider which Committees/Commissions they would like to serve on for the upcoming year so that appointments could be made at the next meeting. CITY MANAGER’S REPORT · Hillside Fire/Evacuation Routes City Manager Loventhal discussed the Hillside Fire Evacuation pamphlet and stated that one would be mailed out to each Monte Sereno Hillside resident. He also reported on the recent SVACA actions and provided an update on the City Hall signage project. At 10:29 p.m., Mayor Garner announced the subject of the Closed Session and adjourned the meeting to Closed Session. CLOSED SESSION Pursuant to Government Code Section 54957 the Council Will Meet in Closed Session to Conduct a Public Employee Performance Evaluation of the City Engineer RECONVENE TO OPEN SESSION At10:58 p.m. Mayor Garner reconvened the meeting to Open Session. REPORT ON ACTION TAKEN DURING CLOSED SESSION Mayor Garner reported that no action was taken during Closed Session. ADJOURNMENT in Memory of the Late Jack Seiquist, Monte Sereno Resident At 11:00 p.m., Mayor Garner adjourned the meeting in memory of the late Jack Seiquist to 7:30 p.m. Tuesday, December 2, 2003 to be held in the City Council Chambers located at 18041 Saratoga-Los Gatos Road, Monte Sereno, California. _________________________________ Erin Garner, 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
Mayor Baxter requested that Nancy Hobbs’ Commission/Committee report on the activities of the Flood Control District be given following Oral Communications.
Mayor Baxter stated that the meeting would be adjourned in memory of Jack Sequist, a Monte Sereno resident who recently passed away. Councilmember Nesbet spoke of Mr. Sequist who was known by many as a friendly and neighborly man who will be missed.
Mayor Baxter also acknowledged the recent death of Dick Winckler and opened the meeting with a moment of silence.
ORAL COMMUNICATIONS
Joe Padgett, Saratoga-Los Gatos Road, spoke with regard to the California Public Records Act.
Dorothea Bamford referred to her recent letter and spoke with regard to visibility and vegetation along Withey Road.
City Manager stated that numerous site visits had been made to Withey Road, but apparently concerns still exist. He stated that he would get clarification of the problem area so it can be addressed.
Fred Hawkes, Palos Verdes, discussed an advertised holiday sale located on Vineland Avenue. He stated that he considered such activity as commercial activity and in violation of the City’s Code.
Committee Commission Report
Nancy Hobbs reported on the recent activities of the Guadalupe/West Valley Flood Control And Watershed Advisory Committee. She also discussed capital expenses and maintenance programs, announced the formation of a new advisory committee with staggered terms for the members, discussed County Oversight Committee for Clean Streams and Water Ways and reported on the status of the parcel tax.
None
1. Update from Dr. Richard Adrouny Regarding Colon Cancer Free Zone
Dr. Adrouny updated the Council on the Colon Cancer Free Zone Program and thanked the Council for being the first to pass such a resolution. He reported on the formation of a steering committee, local statistics, various community outreach efforts and answered questions from the Council.
The Council thanked Dr. Adrouny for the update and stated that they were pleased with the progress.
2. Presentation by Saratoga Councilmembers Ann Waltonsmith and Kathleen King Regarding Establishing a Monte Sereno/Saratoga Community Foundation.
Ann Waltonsmith and Kathleen King discussed formation of a Community Foundation that would allow for residents to contribute to the funding of various community projects. They discussed the generalities of forming such a foundation, possible founding members, and a matching fund donation from the City. Ms. Waltonsmith and Ms. King also answered questions from the Council.
The Council expressed support for looking into the matter of forming a Community Foundation and Mayor Baxter and Councilmember Garner volunteered to serve on a subcommittee to investigate the matter.
Councilmember Nesbet briefly discussed the one-year anniversary of the fatal accident of Eric Quesada and requested that a poster be posted at City Hall commemorating Mr. Quesada and cautioning against drinking and driving.
CONSENT CALENDAR
3. Approve Minutes of October 21, 2003
4. Approve Warrant List in the amount of $118,345.16
5. Approve Monthly Financial Report for October, 2003
6. Approve Monthly Treasurer’s Report for October, 2003
Councilmember Garner moved to approve the Consent Calendar. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote.
PUBLIC HEARINGS
Terry McMahon, applicant, withdrew his application to remove the Liquid Amber and explained that he did not want the issue of removing the Liquid Amber to hold up his construction project therefore he redesigned his driveway plan in order to preserve the tree.. Mr. McMahon distributed binders containing information on the declining health and infestation of the Monterey Pine tree. He spoke in favor of removing the pine tree and stated that he would plant a replacement tree of any type and size deemed appropriate by the Council. Mr. McMahon also answered questions from the Council.
Discussion commenced.
At 8:21 p.m., Mayor Baxter opened the public hearing.
Joe Padgett, Saratoga-Los Gatos Road, spoke in favor of the requested tree removal and urged the Council to rely upon the expertise of the arborist.
Since there was no one else wishing to speak, the public hearing was closed at 8 24 p.m.
Councilmember Nesbet inquired about other trees on the plan labeled “to be moved”.
Mr. McMahon clarified that no trees are proposed to be moved.
Councilmember Brodsky expressed concern with the withdrawal of the tree removal request for the Liquid Amber and the necessary redesign of plans. He stated that the tree removal permit process in some cases maybe too strict and be a burden on citizens. He stated that he would like the Council to consider allowing the applicant to remove the Liquid Amber.
Councilmember Nesbet expressed appreciation for the applicant’s redesign of the driveway in order to preserve the Liquid Amber tree.
Following discussion, Mr. McMahon, the applicant stated that he would like to maintain his withdrawal of his request to remove the Liquid Amber.
Councilmember Nesbet moved to approve removal of the Monterey Pine with the condition the tree be replaced with either an Oak or an Incense Cedar of a size of 24-inch box or greater. Councilmember Wright seconded the motion and the motion passed with a 5-0 vote.
UNFINISHED BUSINESS
City Manager presented the staff report.
Le Nguyen, Danielle Place, thanked Council for their time on the matter, spoke in favor of the ordinance and urged the Council to adopt the ordinance.
Joe Padgett, Saratoga-Los Gatos Road, asked questions with regard to the proposed ordinance.
Staff and Council responded to Mr. Padgett’s inquiry.
There was no one else in the audience wishing to speak.
Following discussion, Councilmember Wright moved to hold the second reading of the ordinance and adopt the ordinance. Councilmember Nesbet seconded the motion. The motion passed with a 3-2 vote. Mayor Baxter and Councilmember Garner voted No.
Mayor Baxter updated the Council on his recent trip to China and answered questions from the Council pertaining to his trip.
City Manager Loventhal presented a staff report and explained that the issue had been raised by a Councilmember interested in exploring the possibility of allowing Secondary Dwelling Units to be built on top of detached garages.
Councilmember Brodsky urged the Council to consider modifying the Second Dwelling Unit regulations as explained by City Manager Loventhal. He urged the Council to consider changes to the R1-44 and R1-20 zoning district and cited a situation where a secondary dwelling unit above a detached garage (had it been allowed) would have been the best alternative for a resident.
Discussion commenced and there was consensus to direct City Manager Loventhal to look into the subject along with the General Plan Policies and any impact such a change would have on the City’s Housing Element.
Several Councilmembers indicated that they would be in favor of considering such a change, but only if the change would not jeopardize the certification status of the Housing Element.
At 9:23 p.m., Mayor Baxter called for a brief recess. At 9:27 p.m. the meeting was reconvened.
· Remarks by Outgoing Mayor
Mayor Baxter recapped the accomplishments of the past year including a sound budget status, certification of the City’s Housing Element, the adoption of the Building Permit Appeals Board, various community outreach efforts, etc. He acknowledged the challenges of the upcoming year and thanked the Councilmembers and staff for their support and effort during the year.
· Election of Mayor and Vice Mayor
Mayor Baxter nominated Erin Garner as Mayor. Councilmember Wright seconded the nomination. Since there were no other nominations, Vice Mayor Garner was unanimously elected Mayor.
Mayor Elect Garner thanked Councilmember Baxter for his leadership as Mayor and stated that he hoped to emulate both Councilmember Baxter and Councilmember Nesbet’s efforts in protecting the City’s assets.
Mayor Garner nominated Councilmember Wright to serve as Vice Mayor. Councilmember Baxter seconded the nomination.
Councilmember Nesbet expressed her interest in serving as Vice Mayor.
Councilmember Brodsky nominated Councilmember Nesbet to serve as Vice Mayor.
Mayor Garner expressed interest in providing the new Councilmembers with an opportunity to serve as Mayor or Vice Mayor during their term.
Councilmember Nesbet encouraged the Council in choosing the Vice Mayor to consider the City as a whole, to rely on her experience and time on the City Council, and to keep in mind that this year maybe her last year on the Monte Sereno City Council.
Further discussion commenced.
Councilmember Brodsky withdrew his nomination and stated that although Councilmember Nesbet is qualified and had provided good leadership in the past, based on the discussion, he would like to see Councilmember Wright move up to the position of Vice Mayor.
Councilmember Wright stated that he would be honored to be Vice Mayor and further stated that he has the time to contribute to the position and that the title of Vice Mayor would benefit him in his position and work with the League of California Cities.
Following the discussion, the motion passed with a 5-0 vote making Councilmember Wright Vice Mayor for year 2004.
Vice Mayor Wright stated that if agreeable to the Council he would like to utilize the title Mayor Pro Tempore during his term. This was acceptable to the Council.
The Council acknowledged receipt of the minutes of the October Site and Architecture Commission meeting.
The Councilmember reported on the activities of their assigned Commissions/Committees.
Mayor Garner requested that the Councilmembers consider which Committees/Commissions they would like to serve on for the upcoming year so that appointments could be made at the next meeting.
· Hillside Fire/Evacuation Routes
City Manager Loventhal discussed the Hillside Fire Evacuation pamphlet and stated that one would be mailed out to each Monte Sereno Hillside resident. He also reported on the recent SVACA actions and provided an update on the City Hall signage project.
At 10:29 p.m., Mayor Garner announced the subject of the Closed Session and adjourned the meeting to Closed Session.
At10:58 p.m. Mayor Garner reconvened the meeting to Open Session.
Mayor Garner reported that no action was taken during Closed Session.
At 11:00 p.m., Mayor Garner adjourned the meeting in memory of the late Jack Seiquist to 7:30 p.m. Tuesday, December 2, 2003 to be held in the City Council Chambers located at 18041 Saratoga-Los Gatos Road, Monte Sereno, California.
_________________________________
Erin Garner, Mayor
ATTEST:
______________________________
Andrea M. Chelemengos, City Clerk
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