MONTE SERENO CITY COUNCIL MINUTES. November 16, 2010

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1 MONTE SERENO CITY COUNCIL MINUTES REGULAR MEETING CALLED TO ORDER At 7:30 p.m., Mayor Perry called the meeting to order. PLEDGE OF ALLIEGIENCE ROLL CALL Present: Council Members Anstandig, Garner, Malloy, Wright and Mayor Perry Absent: None Staff Present: City Manager Loventhal, City Attorney Powell, and City Clerk Chelemengos ORDERS OF THE DAY No changes ORAL COMMUNICATIONS Bonnie Mace provided the Council information on the upcoming Turkey Trot and encouraged the Council to participate. Kevin Zwick spoke with regard to the Turkey Trot and its benefit to area charitable organizations. He also encouraged Council and staff participation. Jeff Kiel spoke with regard to the Turkey Trot and the Mayor s Cup challenge. Mr. Kiel urged the Council to participate and to spread the word about the event. WRITTEN COMMUNICATIONS None CONSENT CALENDAR 1. Approve Minutes Of The October 19, 2010 City Council Meeting 2. Approve Warrant List in the amount of $195,892.76

2 Page 2 3. Approve Treasurer s Report For The Month Of October, Approve Monthly Financial Report For The Month Of October, Adopt Resolution Declaring Noxious And Dangerous Weeds And Rubbish, Refuse And Dirt To Be A Public Nuisance 6. Approve Amended Bylaws Of The Cities Association Of Santa Clara County Council Member Wright moved to approve the Consent Calendar. The motion was seconded by Council Member Malloy and the motion passed with a 5-0 vote. PUBLIC HEARINGS None UNFINISHED BUSINESS - None NEW BUSINESS 7. Introduce And Hold First Reading Of An Ordinance Of The City Of Monte Sereno Amending Title 9 Of The Monte Sereno Municipal Code, Adopting The California Code Of Regulations, Title 24, 2010 Edition, Subject To Specified Deletions, Amendments, Exceptions, And The Administrative Code City Manager Loventhal introduced the matter. Mayor Perry introduced Building Official Howard Bell and asked for his report on the matter. At this point, Mayor Perry recognized and introduced Saratoga Council Member Kathleen King. Ms. King spoke briefly regarding the Turkey Trot and encouraged Council participation. Building Official Howard Bell introduced Tom Walsh, Senior Deputy Fire Marshall, and stated that any questions relative to the Fire Codes could be addressed by Deputy Walsh. Building Official Bell described the code adoption process and discussed the proposed code changes. He explained that there is an effort to align the codes among the various jurisdictions and that most of the proposed modifications were for the purpose of updating the codes to the most recent edition of the Building and Fire Codes. Mr. Bell also answered questions from the Council. No one in the audience wished to speak. Council Member Wright moved that the City Council waive further reading of the ordinance and introduce the ordinance as read by title only. The motion was seconded Council Member Garner and the motion passed with a 5-0 vote. 8. Consider Tree Preservation Ordinance Relative to Arborists Reports

3 Page 3 City Manager Loventhal introduced the matter and answered questions from the Council. He also provided information on the evolution of the tree preservation ordinance. Council Member Anstandig inquired about the language in Section , specifically the term reasonable economic enjoyment. City Attorney Powell discussed the language contained in the ordinance. Discussion commenced with regard to the tree preservation ordinance. Council Member Wright stated that he feels the language contained in the tree ordinance is too vague and that the ordinance should specifically outline what type of information should be contained in reports submitted by an arborist. Council Member Garner expressed concern with the last several reports received by the City s contracted arborist. She pointed out that the reports consistently seem to recommend removal and state there is a chance that the subject tree may fall. Council Member Garner spoke in favor of the City consulting with other arborists or going out to bid to obtain service quotes and service outlines. City Attorney Powell stated that the City Council could specify what information it would like in an arborist report and then the City could, from a list of qualified arborists, request a peer review. Council Member Garner expressed concern with applicant s using an arborist employed by the tree removal service. She spoke in favor of the City establishing a list of approved arborists for applicants to choose from when hiring an arborist for evaluation of a tree subject to a tree removal application. City Attorney Powell suggested that staff draft ordinance language that would outline the required contents of an arborist report. Council Member Malloy stated that she agreed with Council Member Garner s suggestion to develop a list of City approved arborists, but has concerns with the Council developing criteria by which the arborists should model their reports. Council Member Malloy explained that the criteria may stifle the expertise and training of the arborist. Council Member Anstandig stated that he feels it is important for the ordinance to clearly state the City s intent to preserve and maintain trees. He also stated that in the past he has received resistance when trying to speak to the arborist prior to the meeting and that he feels it is important for Council Members to be able to speak with the arborist prior to the meeting if the Council Members have questions relative to the report or the trees.

4 Page 4 Following discussion, staff was directed to research other jurisdictions tree ordinance and draft language that might be incorporated into Monte Sereno s Tree Ordinance. 9. Update Regarding Regional Housing Certification Process for the 2014 Planning Cycle City Manager Loventhal provided an update on the upcoming opportunity to participate in the formation of a sub-region to address housing needs on a sub-regional basis for the upcoming Housing Element planning cycle covering City Manager Loventhal also answered questions from the Council. Council Member Anstandig stated that he would like the City to explore the idea and believes that other jurisdictions would also be interested in a regional approach. Discussion commenced. Following discussion, Mayor Perry invited members of public to speak. Mary Spiesman, resident, expressed concern with possible annexation of properties along Highway 9 and impact on the scenic corridor. Chuck Kapan, County resident, spoke with regard to a sink hole on Farragut Lane and expressed opposition to annexation of the La Hacienda property and urged the Council to look at other areas within Monte Sereno to meet housing needs. Russ Stanley, owner of the La Hacienda property, stated that he is in the process of applying for consideration to construct 40 homes on the property. He stated that the homes would not be low income housing. He expressed concern about mis-information within the community and urged the Council to host public workshops to address specific concerns of property owners relative to the mandates of the State. Mr. Stanley asked that a recent he he sent to the City be included as a part of the record on this matter. Mayor Perry agreed with Mr. Stanley s suggestion that the entire City be notified of upcoming meetings relative to the La Hacienda property. In response to Council inquiry, City Manager Loventhal clarified that the sink hole referred to by Mr. Kapan is located in the County and is not within the jurisdiction of the City of Monte Sereno. COMMITTEE/COMMISSION REPORTS The Council Members reported on their assigned Committees/Commissions. COUNCIL MEMBER COMMENTS

5 Page 5 There were no comments. CITY MANAGER S REPORT City Manager Loventhal reported on various administrative matters. ADJOURNMENT At 9:12 p.m., Mayor Perry adjourned the meeting to 7:30 p.m., Tuesday, December 7, 2010, to be held in the City Council Chambers located at Saratoga-Los Gatos Road, Monte Sereno, and California. ATTEST: Don Perry, Mayor Andrea M. Chelemengos, City Clerk

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