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HomeMy WebLinkAbout12-17-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL DECEMBER 17, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue. at 6:00 p.m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel - Initiation of litigation (Gov't Code section 54956.9(c): (1 potential case). Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Escamilla (Santa Clara County Superior Court No. 1-03-CV-0053) Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRGll MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORDECEMBER 17, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 17, 2003 was properly posted on December 12, 2003. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Ed Ferrell spoke in regards to the proposed emergency access road on Norton Road. Mr. Ferrell stated that Montalvo has dozen of acres of flammable land. Mr. Ferrell stated that the Villa Montalvo Trustees must be made to realize that they have more to loose than everyone ifthe fire engines cannot get to the fire. Mr. Ferrell asked for a status report in regards to the road. Beverly Phipps spoke in regards to the proposed emergency access road on Norton Road. Mr. Phipps stated that two years ago he brought this to the City Council's attention. Mr. Phipps noted that he would like a status report on the matter. COMMUNICATIONS FORM COMMISSIONS Phyllis Ballingal, Chair/Heritage Preservation Commission, congratulated the new Mayor and Vice Mayor and thanked Councilmember Streit for his support as the liaison on the HPC. Chair Ballingall requested that the City Council agendize a discussion in regards to establishing the Village as a Historic District. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF CounciImember Bogosian requested that the Heritage Preservation Commission's request be brought back to Council with a formal report. Councilmember Kline supported Councilmember Bogosian's request. Councilmember Bogosian requested that a formal status report on the Norton Road fire access be brought back to the City Council. Vice Mayor King noted that issue is on the agenda planner for February. Councilmember Streit added that the AdHoc Committee is still having discussions with the Board of Director from Villa Montalvo. 2 Councilmember Bogosian repeated his request stating that the public has a right to know what is going on and participate in the discussions. Mayor Waltonsmith directed staff to prepare a status report on the Norton Road fire access. ANNOUNCEMENTS Mayor Waltonsmith announced that City Hall would be closed from December 24, 2003- January 5, 2004 as a cost savings measure. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA APPROVAL OF CITY COUNCIL MINUTES - OCTOBER 15, 2003 STAFF RECOMMENDATION: Approve minutes. Vice Mayor King requested that item lA be removed from the Consent Calendar. Vice Mayor King pointed out that Councilmember Bogosian is listed as absent on the roll call, but he was present that evening. KINGIKLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 15, 2003 AS AMENDED. MOTION PASSED 5-0. IB APPROVAL OF CITY COUNCIL MINUTES - NOVEMBER 5, 2003 STAFF RECOMMENDATION: Approve minutes. Mayor Waltonsmíth requested that item IB be removed from the Consent Calendar. Mayor Waltonsmith requested that on page 16 the comment should say "Vice Mayor Waltonsmith asked Director Sullivan if the word "horses" could be replaced with the word with "equines"." KING/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF NOVEMBER 5,2003 AS AMENDED. MOTION PASSED 5-0. 3 1 C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KINGIKLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. !D. PLANNING ACTION MINUTES - DECEMBER 10, 2003 STAFF RECOMMENDATION: Note and file. KINGIKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FORDECEMBER 10, 2003. MOTION PASSED 5-0. IE. RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-078 Vice Mayor King requested that item IE be removed from the Consent Calendar. Councilmember King requested that she and Councilmember Streit remain as the liaisons on the Norton Road AdHoc Committee; they have already scheduled two meetings in January and are expected to be there. Councilmember Bogosian concurred. Councilmember Kline noted that he has a conflict with the Chamber of Commerce's meeting time. Vice Mayor King noted that she would take the Chamber assignment. In regards to the Boundary Drop Oversight Committee, Councilmember Bogosian asked when this Committee was formed. City Manager Anderson responded that the Committee was part of the Boundary Drop Agreement. KING/STREIT MOVED TO ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION APPOINTMENTS AS AMENDED. MOTION PASSED 5-0. 4 IF. SECOND READING AND ADOPTION OF TREE REGULATIONS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 226 Tom Corson requested that item IF be removed from the Consent Calendar. Mr. Corson stated that in the new ordinance there is a three level appeal process, now it would cost the appellant $400, which to him seems onerous. Ed Ferrell noted that he recently read the ordinance on the City's website and thought it was quite onerous and vague. Mr. Ferrell noted that he didn't agree with the section on prumng. STREIT/BOGOSIAN MOVED TO ADOPT ORDINANCE AMENDING SECTIONS 15-05.020,15-45.070,15-45.080, 15-46.030, 15-46.040, AND ARTICLE 15-50 OF ZONING REGULATIONS OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOPTING BY REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICULTURE PRUNING STANDARDS (2001 EDITION) AND TREE VALUATION FORMULA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL (APRIL 2000 EDITION. MOTION PASSED 5-0. lG. SECOND AMENDMENT TO SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY STAFF RECOMMENDATION: Authorize execution of agreement. KING/KLINE MOVED TO AUTHORIZE EXECUTION OF AGREEMENT. MOTION PASSED 5-0. IH. AWARD OF CONTRACT FOR VTA'S OPERATOR'S FACILITY STAFF RECOMMENDATION: 1. Reject all bids received on the project. 2. Direct staff to solicit new bids for the facility located in the parking lot. Councilmember Kline requested that item 1H be removed from the Consent Calendar. Councilmember Kline noted that Director Cherbone had an update on this project. 5 Director Cherbone explained that he recently met with the residents and they would like to keep the hillside design as an option and are looking at funding opportunities outside the City Director Cherbone stated that the Council should reject the bids and allow him to work with the contractors to find ways to reduce costs. Councilmember Streit stated that staff has spent a huge amount of money over the past year on this proj ect and suggested that it may be the appropriate time to turn the project back to the Valley Transportation Authority (VTA). Councilmember Streit stated that the City budgeted $220,000 for this project and the bids came in over $500,000. Councilmember Streit stated that the residents should cover the difference. Director Cherbone asked if staff could have another attempt at this project before turning it back over to the VTA. KING/KLINE MOVED TO REJECT BIDS AND DIRECT STAFF TO SOLICIT NEW BIDS FOR THE FACILITY LOCATED IN THE PARKING LOT. MOTION PASSED 5-0. II. REQUEST CHANGE ORDER AUTHORITY ON HERITAGE ORCHARD STAFF RECOMMENDATION: Approve increase of $35, 138 to existing contract with Republic Electric for electric power extension from Saratoga Library to the Heritage Orchard. Approve increase of$36,474 to the existing contract with Maggiora Brothers Drilling, Inc. for Heritage Orchard irrigation system. KING/KLINE MOVED TO APPROVE INCREASE OF $35,138 TO EXISTING CONTRACT WITH REPUBLIC ELECTRIC FOR ELECTRIC POWER EXTENSION FROM SARATOGA LIBRARY TO THE HERITAGE ORCHARD. APPROVE INCREASE OF $36,474 TO THE EXISTING CONTRACT WITH MAGGIORA BROTHERS DRILLING, INC. FOR HERITAGE ORCHARD IRRIGATION SYSTEM. MOTION PASSED 5-0. 1J. SUPPLEMENT AL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-079 KING/KLINE MOVED TO ADOPT RESOLUTION REPORTING ON USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2003-04. MOTION PASSED 5-0. 6 lK. APPRAISAL FOR QUARRY PROPERTY (SARATOGA-TO-THE-SEA TRAIL) STAFF RECOMMENDATION: Authorize staff to retain the services of an appraisal company to perform an appraisal on the two County owned properties. KING/KLINE MOVED TO AUTHORIZE STAFF TO RETAIN SEVICES OF AN APPRAISAL COMPANY. MOTION PASSED 5-0. lL. INCREASE IN CONSULTING CONTRACT FOR GATEWAY PROJECTillESIGN STAFF RECOMMENDATION: Approve a $29,375 supplement to design contract with Greg G. Ing & Associates for additional services in connection with Gateway entry redesign and Right-of- way modification work. Councilmember Bogosian requested that item lL be removed from the Consent Calendar. In regards to the increase in cost for right-of- way modifications, Councilmember Bogosian stated that he thinks staff should of known about this in the beginning. BOGOSIAN/STREIT MOVED TO APPROVE A $29,375 SUPPLEMENT TO DESIGN CONTRACT WITH GREG G. ING & ASSOCIATES FOR ADDITIONAL SERVICES IN CONNECTION WITH GATEWAY ENTRY REDESIGN AND RIGHT-OF-WAY MODIFICATION WORK. MOTION PASSED 5-0. PUBLIC HEARINGS 2. ZONING ORDINANCE AMENDMENT TO CREATE AN OVERLAY ZONE FOR DRIVE-THROUGH SERVICES STAFF RECOMMENDATION: Conduct Public Hearing; Grant the First Reading; Direct staff to place item on the next Agenda's Consent Calendar for Second Reading and Adoption; Adopt Resolution of Negative Declaration. TITLE OF RESOLUTION: 03-080 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the Planning Commission conducted a Public Hearing to consider recommending the City Council establish an Overlay Zone, which would conditionally allow drive-through services in CN Zone bounded by Lawrence Expressway and Prospect Avenue. Director Sullivan stated that part ofthe Planning Commission's recommendation is that if such an Overlay Zone is established it should also include the requirement that a Use Permit be required in all cases to establish a business with a drive-through 7 services. This would allow the City to require traffic and circulation studies for all such applications. It would also allow each application to be evaluated on its own individual merits. Mayor Waltonsmith opened the public hearing and invited public comments. See none Mayor Waltonsmith closed the public hearing. STREIT/BOGOSIAN MOVED TO GRANT THE FIRST READING; DIRECT STAFF TO PLACE ITEM ON THE NEXT AGENDA'S CONSENT CALENDAR FOR SECOND READING AND ADOPTION. MOTION PASSED 5-0. STREIT/BOGOSIAN MOVED TO ADOPT REOSL TUION GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTFOR A ZONING ORDINANCE AMENDMENT CREATING AN OVERLAY ZONE FOR THE CN DISTRICT BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE. MOTION PASSED 5-0. 3. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 2003/2004 UPDATE STAFF RECOMMENDATION: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from the November 5, 2003, City Council Meeting; Open the Public Hearing continued from the November 5th City Council Meeting for the F.Y. 03/04 CIP Update; Consider additional candidate CIP Projects as listed in the report and Review Projects in the adopted CIP and amend their funding levels if desired; Continue Public Hearing to the January 7,2004, City Council Meeting for environmental review and final adoption of new CIP Projects. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that there were three additional CIP projects that are being submitted for Council consideration for inclusion into the 2001-2006 CIP and/or the 2007-2012 CIP. The cost for these three project total $358,000. These projects were generated from public input during the CIP process and therefore are appropriate to consider prior to the conclusion 0 f this year's CIP update. Director Cherbone described the three additional projects as follows: 1) Book-Go-Round Repair Work - roof repairs and interior storage room repairs $35,000 2) Chester Storm Drain Improvements - installation of a new storm drain at the intersection of Chester Avenue and Vasona Creek - $178,000 3) Highway 9/0ak Place Pedestrian Signal . Option 1 - install pedestrian signal - $145,000 including $20,000 design work . Option 2 - consider other remedial measures - ranging from $1,000 to $50,000 8 Director Cherbone noted that funding of these three projects is a challenge considering the current fiscal state of the City. However, Council could reprioritize the funding levels of the new CIP projects being considered or fund them utilizing other sources such as unobligated General Funds or City Council Contingency. In regards to the Highway 9/0ak Place Pedestrian Signal, Councilmember Kline pointed out that it would probably take CalTran approximately 2- 3 years to approve the process. Councilmember Kline noted that it doesn't make much difference which CIP we place it on. Director Cherbone stated that if Council decides to move forward with this project, seed money to start the design work could be allocated now and placing the capital project on the next CIP. Councilmember Kline asked how much would seed money be. Director Cherbone noted that the complete design would be approximately $20,000. The City could submit a cursory design to CalTran for approximately $5,000, which could be covered in the Engineering budget. Director Cherbone pointed out that the capital cost would be about $120,000. Mayor Waltonsmith opened the public hearing and invited public comments. Marcia Manzo pointed out that the Book-Go-Round makes approximately $100,000 per year that goes directly into the Saratoga Library. Ms. Manzo urged the Council to approve the project for repairs listed in the CIP. Ethel James noted that she represented the Saratoga Area Senior Coordinating Council (SASCC). Ms James stated that SASCC is struggling with space limitations. Ms. James stated that SASCC would like to use the Fellowship Hall at the North Campus. James Kardach noted that he was Co-president of the Village Green Neighborhood Association (VGNA). Mr. Kardach stated that he supported the crosswalk at Highway 9 & Oak Place and urged that Council to at least approve the funds for the design. Jerry Bruce noted that he represented Federated Church. Mr. Bruce stated that Federated Church supports the crosswalk at Highway 9 and Oak Place. Mary Jean Fenn noted that she was the Manager at the Book-Go-Round. Ms. Fenn noted that the roofIeaks in the Book-Go-Round. Ms. Fenn urged the Council to approve the project for the building in the CIP. Ms. Fenn also read a letter from Bill McDonnell who also supports the CIP project. Denise Michel noted that she participated on the AdHoc Committee to look at the alternatives for the intersection of Highway 9 & Oak Street. Ms. Michel stated that the AdHoc fully supports the crosswalk and urged the Council to include it in the CIP. 9 Phyllis Ballingal urged the City Council to make necessary improvement at the Book -Go-Round. Brain Rosevear noted that he was Co-president of the (VGNA). Mr. Rosevear noted that he supports a pedestrian activated crosswalk at the intersection of Highway 9 & Oak Place. John Feemster noted that he represented SASCC. Mr. Feemster noted that he was present this evening to support improvement at the North Campus. Mr. Feemster noted that SASCC has had to limit the number of participants in certain programs due to lack of space. Mr. Feemster stated that if the City installed ADA bathrooms in the Fellowship Hall they would work with their connections to make additional improvements to the building. Mayor Waltonsmith closed the public hearing. Councihnember Bogosian stated that he thinks public safety projects should be the Council's first priority. Councilmember Bogosian stated that he supported the pedestrian light and the repair at the Book-Go-Round. Councihnember Streit noted he supports the pedestrian light initial studies and suggested that it be placed on the CIP unfunded. Councihnember Streit stated that in regards to repairs to the Book-Go-Round, there are several City owned buildings that need repairs. As for the overall CIP, Councihnember Streit noted that due to our economic uncertainty the CIP could be frozen until we know what the State is going to do with the VLF. CounciImember Streit stated that if needed the funds in the CIP could be placed back into the General Fund. The projects that are funded by grants should go forward. Councihnember Bogosian noted that the pedestrian light and the roof repairs should be placed in the CIP and the Counil should reprioritize all of the projects. Councihnember Kline noted that he supports Councilmember Bogosian's and Councihnember Streit's suggestions and go one-step further. Councilmember Kline proposed with the exception of projects that have already been contracted out, safety and maintenance projects, and projects that have been funded by grants or matching funds, everything else should be temporarily frozen until we know what is going on at the State level. Councihnember Kline stated that the funds in the CIP are the City's only reserves. City Manager Anderson stated that with clear direction from Council, staff could come back on January 7th with a report to assist the Council to prioritize the CIP according to safety, ongoing maintenance, and projects funded by outside sources including grants and matching funds. 10 KLINE/BOGOSIAN MOVED TO PLACE THE BOOK-GO-ROUND ON THE CIP AS A FUNDED MAINTENACE ITEM; FUND THE INTIAL STUDY FOR THE PEDESTRIAN LIGHT OF $4,000 FUDNED OUT OF THE ENGINEERING BUDGET; PLACE THE CHESTER STORM DRAIN IMPROVEMENTS ON CIP UNFUNDED; RETURN TO COUNCIL ON JANUARY 7TH WITH A REPORT TO PRIORITIZE THE CIP ACCORDING TO SAFETY, ONGOING MAINTENANCE, AND PROJECTS FUNDED BY OUTSIDE SOURCES INCLUDING GRANTS AND MATCHING FUNDS MOTION PASSED 5-0. OLD BUSINESS 4. ANIMAL CONTROL SERVICE PROVIDER CHOICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow noted that Saratoga received a proposal from the City of San Jose and brought it to Council for consideration on November 19, 2003. After review of the proposal Council directed staff to continue negotiations with the City of San Jose with the purpose of signing a long-term contract for animal control services. Assistant City Manager Tinfow stated that the cities of Cupertino and Los Gatos have also been negotiating with the City of San Jose for animal control services. In addition, SV ACA has issues a new proposal to all three cities in an effort to keep us in the JP A. Assistant City Manager Tinfow briefly went through comparison tables in regards to the San Jose proposal and the new SV ACA proposal. Assistant City Manager Tinfow noted that the new SV ACA proposal provides competitive pricing, shelter equity, a vote on the board, and continued input and control on the operation and budget level of SV ACA. Shelter construction must still be completed so some uncertainty with final costs stilI exists. Assistant City Manager Tinfow noted that San Jose offers competitive pricing, possible refund of capital contribution during the first 3 years, and a higher field ratio for the three cities than provided by SV ACA. However, staff remains concerned about San Jose's response times. Assistant City Manager Tinfow noted that the actual cost of each option to Saratoga is contingent on the decision of the Los Gatos and Cupertino City Councils. 11 Assistant City Manager Tinfow explained that last night the City of Cupertino voted to withdraw from SV ACA and Los Gatos has it on their agenda for January 5, 2004. Assistant City Manager Tinfow presented and explained in detail two options to the City Council: · Option 1 Remain with SV ACA under new conditions · Option 2 Contract with San Jose In regards to fiscal impacts of each option, Assistant City Manager Tinfow explained the following: Option 1 - · Annual service contract costs would change each year · $300,000 capital contribution is budgeted in the CIP · SV ACA would accept the contribution as an equity investment in the shelter · Saratoga would receive a share of any sales proceeds should the facility be sold in the future Option 2 - · Annual service contract costs would be specified for three years and depending on the actions of Cupertino and Los Gatos may be less than the proposal offered by SV ACA Mayor Waltonsmith asked if staff knew what the Town of Los Gatos might do. Assistant City Manager Tinfow noted that staff is recommending that they withdraw from SV ACA and sign a contract with the City of San Jose. Assistant City Manager Tinfow stated that the Town of Los Gatos is stilI waiting for the City of Saratoga to make a decision. Councilmember Kline asked ifthe City would be locked into a decision made this evening. Assistant City Manager Tinfow responded that we could withdraw up until January 25,2004. Councilmember Streit noted that a five city JP A would work, but would not support a four city JP A. Mayor Waltonsmith noted that she is stilI concerned that the SV ACA site does not have an outdoor area for the animals. 12 Referring to Mayor Waltonsmith's concerns regarding the outdoor area for the animals, Debra Briggs, Executive Director of SV ACA, noted that for the past 50 years the Human Society did not have an outdoor exercise area for the animals. Director Briggs stated that SV ACA is looking into tearing up part of the parking lot to convert it into an exercise area. Director Briggs thanked Councilmember Bogosian for his participation on the JP A Board and noted that they look forward to working with Councilmember Streit. STREITIKLINE MOVED TO REMAIN WITH SV ACA WITH THE PROVISO THAT IT IS A FIVE CITY JPA; DIRECT TWO MEMBERS OF THE COUNCIL TO MEET WITH THE CITY OF CUPERTINO TO TRY AND PERSUADE THEM TO STAY WITH SV ACA; URGE THE TOWN OF LOS GATOS TO STAY WITH SV ACA. MOTION PASSED 5-0. 5. ALTERNATE PROPOSAL FOR THE COMMEMORATIVE BENCH FOR WILL YS PECK AT THE SARATOGA LIBRARY STAFF RECOMMENDATION: Consider an alternate approach to honoring Willys Peck with a bench at the Saratoga Library. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the October 1 st City Council meeting, staff presented a request by the family ofWillys Peck to install a teak bench and landscaping in celebration for Mr. Peck's 80th birthday. The Peck family offered to contribute $2,000 to the project and submitted several ideas for landscaping prepared by a landscape architect. Council approved the special teak bench and directed staff to work with the Library Commission on the landscaping details. Council also limited the amount of City funding for the project to that already budgeted for sod and irrigation in the dirt area south of the community patio room, a total of$I,700. Assistant City Manager Tinfow noted that staff presented Council's decision to the Library Commission at their October meeting, and explained the financial limitations and asked for input on the design within financial constraints given a total of $2,700. Assistant City Manager Tinfow noted that the Commission initially balked at installing a non-typical bench at the Library for a number of reasons. The alternative suggestion put together by CounciImember Kline Chair Anne Cross and Betty Peck is to select an existing bench on which to install a commemorative plaque and a one ofMr. Peck's columns about the Heritage Orchard from the Saratoga News. Assistant City Manager Tinfow stated that staff is requesting final direction on how to proceed. 13 To clear up an issue, Councilmember Kline explained that the Library Commission did not actually reject the bench. The Commission was confused about what their direction was. When Council discussed this issue many compromises were made including rejecting the Peck's landscape plan. After Council met, Mrs. Peck decided to use an existing bench already at the library, and recently chose one. Councilmember Kline noted that an existing bench with a plaque and a storyboard is satisfactory for Mrs. Peck. Councilmember Streit noted that he agrees with the compromise, but doesn't agree with how the Council got to this point. Councilmember Streit stated that the Council made a decision and then the newspaper drug it out because the Library Commission made it a huge issue. Councilmember Bogosian suggested that the City needs a Gift Policy to address these types of issues. Marcia Manzo stated that the Library Commission never agreed or disagreed that there should or shouldn't be a bench for Mr. Peck. At the time of discussion the Library Commission asked staff what their task was in regards to this issue. Discussion took place in regards to developing a City-wide Gift & Donation Policy. It was suggested that the Council Policy AdHoc Committee be assigned this task. BOGOSIANIKLINE MOVEDTO APPROVE THE BENCH, PLAOUE AND STORYBOARD FOR MR. WIL YS PECK. MOTION P ASSEED 5-0. NEW BUSINESS 6. CITY COUNCIL POLICIES STAFF RECOMMENDATION: Accept report and direct Council Sub-Committee accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that at the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document City Clerk Boyer stated that as the Subcommittee prepared to for this assignment, many old council polices were found, some extremely outdated and other current practices never formally adopted by Council. Many issues addressed in the attached policy are consistent with best practices of many other cities but may not in all instances conform to current practices. The Council Subcommittee recommends the changes to current practices included in the draft policies. The Subcommittee seeks comments from the Council as a whole to insure that the Council policies reflect a Council consensus. 14 The City Council discussed each section and made changes to the draft City Council Policy. Council directed the AdHoc Committee to bring the item back in January with a resolution repealing all past City Council polices. 7. COMMISSION VACANCY UPDATE AND PROPOSED INTERVIEW DATES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staffreport. City Clerk Boyer explained that on April 1,2004 the Arts Commission, Heritage Preservation Commission, Planning Commission, and Public Safety Commission would have a significant number of vacancies due to expired terms or resignations. City Clerk Boyer added that the on July 1, 2004 the Youth Commission would have 10 vacancies: City Clerk Boyer stated that in an effort to allow Council to make personal scheduling arrangements and in order to fill these vacancies in a timely matter staff is requesting approval form Council to schedule interviews for the Arts, HPC, PC, and PSC on Tuesday, March 9, 2004 and Tuesday, March 23, 2004 at 6:00 p.m. The normal practice has been to interview candidates prior to City Council meetings. City Clerk Boyer noted that if Council concurs the deadline for applications would be set for February 27, 2004 for all the Commissions except for the Youth Commission, which would be April 30, 2004 with interviews held on May 11th, and May 25th. Consensus of the City Council to support staffs recommendation. AGENCY/COMMISISON ASSIGNMENTS None CITY COUNCIL ITEMS Councilmember Bogosian wished everyone a Happy Holiday. Referring to the malfunctions of the lights and sound in the theater this evening, Councilmember Streit requested that staff make sure the lights and sound during future council meetings are adequate. OTHER None CITY MANAGER'S REPORT None 15 ADJOURNMENT There being no further business, Mayor Waitonsmith declared the meeting adjourned at 11 :00 p.m. 16