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Home My WebLink About02-27-2001 Special meeting City Council Minutes MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 27, 2001 The City Council of the City of Saratoga met in a Special Meeting on February 27, 2001 at the Adult Care Center, 19655 Allendale Avenue. Mayor Mehaffey called the Special Citw Council meeting to order at 7:05 p.m. and requested Norm Koepemik, Chair/Heritage Preservation Commission, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Stan Bogosian Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 13, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 27, 2001 was properly posted on February 23, 2001. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COMMUNICATIONS FROM PUBLIC No one requested to speak at tonight's meeting. CONSIDER DRAFT BYLAWS AND BOARD RECRUITMENT STRATEGY FOR SARATOGA COMMUNITY FOUNDATION STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. City Council Minutes February 27,2001 City Attorney Taylor reminded the City Council that at the January 17, 2001 City Council meeting staff was directed to proceed with the formation of a Community Foundation to support a broad range of community interests in the City of Saratoga. City Attorney Taylor explained that the Council directed staff to draft material to move forward in establishing the Foundation. The initial idea would be that the Foundation would initially be sponsored by the City, but structured in a way that it would be relatively straight forward so that the Foundation could eventually become an independent, free-standing, private foundation and work in cooperation with the City. City Attorney Taylor stressed that the Foundation would not become another government entity. City Attorney Taylor briefly explained the key provisions of each article of the draft bylaws: Article I - Establishing the Community Foundation to be located in Saratoga · Article II - Broad statement of purpose · Article III & IV- Establishes concept of participation (classes of membership) · Article V - Establishes a Board of Director (includes two members of the City Council) · Article VI - Establishes officers · Article VII - Corporate accountability · Article VIII- Establishes types of Committees City Attorney Taylor noted that the remainder of the articles governs various state laws conceming non-profit organizations. City Attorney Taylor explained that the bylaws provided could only be amended by a vote of the Board of Directors and approved by the City Council. Although, he noted this would change when the Foundation became an independent entity. City Attorney Taylor welcomed any questions the Council may have. Councilmember Baker asked who would appoint the Board of Directors once the Foundation is an independent entity. City Attorney Taylor responded that in the proposed bylaws that issue is deferred until such time when the Foundation spins off from the City. City Attorney Taylor noted that the Council could amend the proposed bylaws making the Foundation a membership organization that would require a vote of the members to approve of the Board of Directors. Councilmember Waltonsmith asked where in the proposed bylaws does it specify the amount of money that has to be spent yearly by the Foundation. City Attomey Taylor noted there are current tax laws that impose minimum requirements; also specific language could be included in the proposed bylaws city Council Minutes 2 February 27, 2001 indicating that a certain percentage of money each year needs to be spent. Mayor Mehaffey suggested a few policy related amendments to the proposed bylaws. Mayor Mehaffey invited any member of the public to speak on this issue. Tom Blaisdell, Saratoga resident, noted that he supports the formation of a Saratoga Community Foundation. Mr. Blaisdell explained that his only concern is that a Foundation might dilute the effectiveness of existing community groups such as the Friends of the Library. Louise Shaffer, 19874 Park Drive, noted that she fully supports the formation of the Saratoga Community Foundation. Mrs. Shaffer noted that it would bring the community together and provide good opportunities to network. Tat Blesch, 13574 Old Tree Way, asked how does a person become a member of the Saratoga Community Foundation. H. Monica Carroll, 12909 Cumberland Drive, noted that she does not feel the City needs another bureaucratic group making decisions. In response to Mr. Blaisdell's concerns, Mayor Mehaffey noted that he does not see the Community Foundation diluting the efforts of other community groups in the City of Saratoga. Mayor Mehaffey pointed out that he believes the Foundation would assist other community groups that cannot establish nonprofit status or those who have limited resources. In response to Ms. Blesch's question regarding membership, Mayor Mehaffey explained that membership is addressed in the proposed bylaws which states membership could be obtained through making a donation to the Foundation. The amount of the donation required to be a member has not been determined. In response to Ms. Carroll's concern, Mayor Mehaffey noted that the City is taking the lead in the formation of the Saratoga Community Foundation. Mayor Mehaffey explained that if there were initial public participation the City would not have to be involved. Mayor Mehaffey noted that he has discussed the formation of the Foundation with many Saratoga residents who fully support it, but do not have the knowledge or the time to start a nonprofit foundation. Mayor Mehaffey noted that the City would probably give the Foundation some initial funding and appoint the initial Board members. Councilmember Baker noted he supports the formation of the Community Foundation to allow the residents of Saratoga to contribute money to enhance the quality of life in Saratoga without raising taxes. city Council Minutes 3 February 27, 2001 Vice Mayor Streit asked when the Foundation would be able to accept donations received from the Congress Springs Improvement Project. City Attorney Taylor responded that this Foundation would not be able to accept any tax-exempt money for at least six months. Dave Anderson, City Manager, explained that the residents could make the donations to the City and the City Council could take action to approve a process for accepting and accounting for donations received by the City specifically for Congress Springs Park Improvement Project.. Mayor Mehaffey directed staffto agendize this issue for the March 7, 2001 City Council meeting. A discussion took place in regards to the proposed types of membership and voting rights. Councilmember Baker stated that he does not support the proposed categories of members. He suggested having one membership category and perhaps, a special name recognition for contributors who donate an amount of money beyond the membership fee. Councilmember Waltonsmith added that a membership category should be developed for nonresident donors. City Attomey Taylor reiterated the directions he has gathered from tonight's discussions in regards to the revisions to the proposed bylaws: · Member control of Board of Directors after the Foundation is spun off from the City · Two representatives from the City Council · Allow Foundation to have endowments - but requires the money which is not dedicated to an endowment to have some rate of turnover · Low membership fee · Only resident have voting power · Outside recognition · At least 7 members on the Board of Directors · Definition of quorum · Transition period ending June 30, 2003 Councilmember Baker suggested that once the new draft is written 500 copies should be available for the public to review at the library and placed on the intemet. Councilmember Bogosian asked Mayor Mehaffey if he had a sense of the resources the City will initially put up to form the Saratoga Community Foundation. Mayor Mehaffey responded that he feels the City should initially allocate at least $100,000.00 towards the Foundation. City Council Minutes 4 February 27, 2001 Councilmember Bogosian stated that before he fully supports the formation of a Saratoga Community Foundation he requested that any residents who supports this idea to please contact him. Mayor Mehaffey reassured everyone that if there is no interest from the community the Foundation will not be formed. Mayor Mehaffey directed the City Attomey to bring the revised bylaws back to the City Council next month. CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Mehaffey declared the meeting adjourned at 8:25 p.m. P~pec!.fu~ly submit~l~ City Council Minutes 5 February 27, 2001