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Home My WebLink About09-25-1982 CITY COUNCIL AGENDAm CITY OF SARATOGA Initial: AGENDA BILL NO. 3Zi Dept. Hd.. DATE: September 24, 1982 C. Atty. DEPARTMENT. Planning & Policy Analysis C Mgr SUBJECT- Ordinance Change for Appointment and Removal of Commissioners Issue Summary In early July the City Council requested staff to prepare a memo addressing the issue of removing Planning Commissioners. Staff developed the memo.(see Exhibit 1) and reported back to the Commission at- a recent Committee -of -the- Whole. At that meeting, staff was directed to modify Article V of the Administrative Code to allow a procedure for removal of a Planning Commissioner. In discussions with the City Attorney it was suggested that we create a new article which would deal with appointment and removal procedures for Commissions.established by resolution versus ordinance. Section VI is the new section which establighes procedures for removing.Commissioners appointed by Resolution. Article VII "Special Gas Tax Street Improvement Fund "is the same, and only being renumbered. Attached for the Council's consideration is a Resolution which defines the policy regarding excessive absences from Commission meetings. Recommendation j Introduce Ordinance Approve Resolution Fiscal Impacts None K Exhibits /Attachments Exhibit 1 - Memo from Director of Planning & Policy Analysis dated August 27, 1982 Exhibit 2 - Ordinance Exhibit 3 = Resolution Council Action 10/6: Clevenger introduced.by reading title. FANELLI/MDYLES MOVED TO WAIVE FURTHER READING. Passed 4 -0. 10/20: Mallory/Fanelli-moved to read by title only, waiving further reading. Passed 5 -0. Moyles /Mallory moved to amending to incorporate change such that majority of full Council would be required,.to remove commissioners, and read by title only, waiving further reading. (Substantial change -- requires additional reading at next meeting.) (see reverse side of .sheet) 7 11/3: Mallory /Clvenger moved to read by title only, waiving further reading. Passed 5 -0. Fanelli/Mallory moved to adopt Ordinance 38.107. Passed 5 -0. Consensus to discuss policy resolution at 11/9 study session, then synthesize various viewpoints and ask Planning Commission for their input. 11/17: Mallory /Clevenger moved to adopt Resolution 2026 as amended. Passed 5 -0. r• ' 11E11(�)��tiDl�til • • 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: August 27, 1982 FROM: Director of Planning & Policy Analysis SUBJECT: Appointment and Removal of Planning Commissioners In early July, the City Council asked staff to review State Law and the procedures of adjoining communities as to appointment and removal of Planning Commissioners. The government code indicates that the ability to appoint Planning Commissioners is vested in the legislative body of each city and shall be established by ordinance. The City Code, Article 5, clearly delineates the process to be followed'in making such appointments. A sample survey of approximately 10 cities, conducted by staff, indicates that there seems to be no specific procedure for removal of Planning Commissioners. Four communities indicated that absence from three consecutive regular meetings without approval ' constitutes justification for removal. One community indicated that if there were twenty -five percent unexcused absences in a year the Mayor writes a letter asking the Commissioner if they wish to continue as a Planning Commissioner. It appears that most cities within Santa Clara County can remove a Commissioner by a simple vote of the Council. The Government Code does not specify a procedure or reason for removing a Planning Commissioner. There are obvious reasons for removing a Planning Commissioner including a violation of conflict of interest laws, or actions that would bring discredit to the City. City ordinanceswhich allow the establishment of the Planning Commission also allow the Council to remove individual Planning Commissioners. When dealing with the issue of removal, the first question to ask is does the City Council wish to establish a specific set of rules? For example if the Council were to place a maximum number of meetings missed in any given year as a basis for removal then the issue of whether they are excused absences or unexcused absences must be taken into consideration. Another procedure is Appointment & Re al of Planning Commi oners • , August 27, 1982 Page 2 to identify a certain percent of excused or unexcused absences in any given year with the Mayor writing a letter to the Planning Commissioner and asking if they have a desire to remain on the Commission. This procedure has been used with a former Commissioner who was required to be out of town a great deal within the course of a year. Identifying a certain number of unexcused absences puts th-e burden of responsibility on the individual Planning Commissioners to contact either the Chairman of the Planning Commission or the Secretary to indicate that he or she would be absent from such a meeting for certain reasons. The City Council has various options: 1. Expand Article 5 of the current Municipal Code to state that the Planning Commissioners can be removed by a simple vote of the Council.' 2. Modify the ordinance to state "that Planning Commissioners can be removed by missing more then X percent of meetings in a given year be it either regular meetings or study sessions. 3. Modify the ordinance to read that.a Planning Commissioner who has X number of unexcused absences from regular meetings will be removed. 4. Estabilsh a policy by which. the Mayor will give a formal warning to a Commissioner upon the absence of so many meetings and /or actions that are unbecoming to a Commissioner. As the Council can see the options are similar and it is just a matter of policy as to what number the City Council wishes to use. Some of the options can also be combined such.as warning a . Commissioner that if they miss one more meeting they will exceed the limit allowed for absences. R. S. Robinson, Jr. RS R /mgr Attachment Ex klblf PROCEDURES OF ADJOINING COMMUNITIES- FOR REMOVAL OF PLANNING COMMISSIONERS 1. Los Altos Hills - Simple vote of Council. 2. Campbell - Three consecutive regular meetings without formal consent. 3. Cupertino - Simple vote of Council. 4. Los Gatos - Three consecutive regular meetings without formal consent. 5. Morgan Hill - Three out-.o'f any six unexcused.absences from regular meetings. 6. Mountain View - Three consecutive regular meetings without formal consent.. 7. Palo Alto - Simple vote of Council. Informal warning by Mayor. 8. San Jose - No response,:assume simple vote of City Council. 9. Santa Clara - No more then 25o unexcused absences in a year. If so, the Mayor writes letter to the Planning Commissioner asking if the Planning Commissioner wishes to continue their term. 10. Sunnyvale - Three consecutive regular meetings without formal consent. Amended portions are underlined Exh,b�t Z. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ARTICLE V, ARTICLE VI AND CREATING ARTICLE VII OF CHAPTER TWO OF THE MUNICIPAL CODE The City Council of the City of Saratoga does hereby ordain as follows: SECTION I: Article V, Chapter Two of the Saratoga City Code is hereby amended to read as follows: Article V. Planninq Commission Sec. 2 -40. Created; composition; method of appointment; and mafhnH of --1 Pro v+'si fl, PO(' rP mO va 1, There is hereby created a Planning Commission which shall consist of seven members to be appointed by the Mayor with the OP {�� nni nq �onwni'sslo'ne�' approval of the City Council. The City Council shall have the power to remove a Planning Commissioner by a simole _maiority vote of the Council. SECTION II: Article VI of Chapter Two of the Saratoga City Code is hereby amended to read as follows: Prlicle, U--new -- es f aL li'shs_ proo e dare For OPID01'191 %n CommisSlonss' COMM/ L1 eesolu�IM Vs . QruinGlo & 6,I)d, P'Wel �or e i"or retrovat Article VI. Other City Commission Sec. 2 -44. Appointed Commissions. Sec. 2 -45. Created; composition; method of appointment. %n I s fi ew /7r b-cle �C GvQs l'or^ met- 19r4lde O Chan a C Article VII. Special Gas Tax Street Improvement Fund. 1. For state law relative to Special Gas Tax Street Improvement Fund, see Sts. & H. S., & 196. As to subdivision regulations, see Appx. A of this volume. As to zoning regulations, see Appx. B of this volume. Sec. 2 -44. Created. A special fund is hereby created in the city treasury to be known as the Special Gas Tax Street Improvement Fund. (Ord. No. 10, & 1.) Sec. 2 -45. Payments into fund. All money received by the city from the state under the provisions of the State Streets and Highways Code for the acquisition of real property or interest therein or for the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into the Special Gas Tax Street Improvement Fund. (Ord. No. 10, & 2) Sec. 2 -46. Expenditures. All money in the special fund under this article shall be expended exclusively for the purposes authorized by, and subject to, all the provisions of Sections 192 to 207 of the Streets and Highways Code of the state. (Ord. No. 10, & 3.) AYES: NOES: ABSTAIN: ABSENT: MAYO ATTEST: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A POLICY REGARDING COMMISSIONER'S ABSENCES WHEREAS, the City Council in reviewing the existing procedures regarding attendance of appointed Commissioners at Regular and Committee -of- the - Whole meetings directed staff to survey adjacent cities, and WHEREAS, after review of said report at a Committee -of -the Whole meeting on September 7, 1982, the Council directed the pre- paration of the following policy regarding attendance at Commission meetings, NOW, THEREFORE BE IT RESOLVED that the following policy is adopted effective immediately: A Commissioner absent from more than 25% of the meetings in a six (6) month.: period of time shall be counseled by the Mayor or an appointed representative of the Mayor, to determine his or her intention of remaining on the Commission in question. Meetings shall be defined as Regular, Regular - Adjourned, Special, Committee -of- the -Whole or special field trips, at which all members of the Commission are expected to be present. PASSED AND ADOPTED BY the City of Saratoga City Council, State of California, this 6th day of October, 1982 by the following vote: AYES: NOES: ABSTAIN: ABSENT ATTEST: CITY CLERK MAYOR ' E-)o),�" 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ARTICLE V, ARTICLE VI AND CREATING ARTICLE VII OF CHAPTER TWO OF THE MUNICIPAL CODE The City Council of the City of Saratoga does hereby ordain as follows: SECTION I: Article V, Chapter Two of the Saratoga City Code is hereby amended to read as follows: Article V. Planninq Commission Sec. 2 -40. Created; composition; method of appointment; and method of removal. There is hereby created a Planning Commission which shall consist of seven members to be appointed by the Mayor with the approval of the City Council. The City Council shall have the power to remove a Planning Commissioner by a simple majority vote of the Council. SECTION II: Article VI of Chapter Two of the Saratoga City Code is hereby amended to read as follows: Article VI. Other City Commission Sec. 2 -44. Appointed Commissions. The City Council from time to time may find it necessary to appoint a Commission or advisory body to assist the City Council in fulfilling its obligations. Sec. 2 -45. Created; composition; method of appointment. All special commissions or advisory committees shall be appointed by resolution of the City Council, the duration of said Commission or Committee, the organization -of the members and the number of Commissioners shall be determined by the Council. The Mayor shall have the authority to appoint with the authority of the City Council and the removal procedures for individuals participating on the committee shall be by a simple majority vote of the City Council. Article VII. Special Gas Tax Street Improvement Fund. 1. For state law relative to Special Gas Tax Street Improvement Fund, see Sts. & H. S., & 196. As to subdivision regulations, see Appx. A of this volume. As to zoning regulations, see Appx. B of this volume. Sec. 2 -44. Created.' A special fund is hereby created in the city treasury to be known as the Special Gas Tax Street Improvement Fund. (Ord. No. 10, & 1.) Sec. 2 -45. Payments into fund. All money received by the city from the state under the provisions of the State Streets and Highways Code for the acquisition of real property or interest therein or for the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into the Special Gas Tax Street Improvement Fund. (Ord. No. 10, & 2) Sec. 2 -46. Expenditures. All money in the special fund under this article shall be expended exclusively for the purposes authorized by, and subject to, all the provisions of Sections 192 to 207 of the Streets and Highways Code of the state. (Ord. No. 10, & 3.) AYES: NOES: ABSTAIN: ABSENT: ATTEST: TY CLERK MAYOR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A POLICY REGARDING COMMISSIONER'S ABSENCES WHEREAS, the City Council in reviewing the existing procedures regarding attendance of appointed Commissioners at Regular and Committee -of- the -Whole meetings directed staff to survey adjacent cities, and WHEREAS, after review of said report at a Committee -of -the Whole meeting on September 7, 1982, the Council directed the pre- paration of the following policy regarding attendance at Commission meetings, NOW, THEREFORE BE IT RESOLVED that the following policy is adopted effective immediately: A Commissioner absent from more than 25% of the meetings in a six (6) month.: period of time shall be counseled by the Mayor or an appointed representative of the Mayor, to determine his or her intention of remaining on the Commission in question. Meetings shall be defined as Regular, Regular - Adjourned, Special, Committee -of- the -Whole or special field trips, at which all members of the Commission are expected to be present. PASSED AND ADOPTED BY the City of Saratoga City Council, State of California, this 6th day of October, 1982 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK MA CITY OF SARATOGA 2I Initial: A=A BILL NO. Dept. Hd . DATE: S ptgzt�er 23, 1982 C. Atty. DEPART EN'r: plan,;,, & Policy Analysis C. Mgr. ---------------------------------------------------------------------- -- V ---------- SUBJECT: Award of Bid - City Hall Reroofing Issue Summary The City Council authorized staff to seek -bids to reroof the administrative buildings of City Hall. The Council approved $30,000 for the entire project. The Notice to Bidders was published on August 18, 25. and over forty letters were sent to roofing contractors. A total of three firms pined up plans and specifications for the project, but only one bid was received. The sole bidder, California Roofing Company, Inc. is the same 'firm which reroofed the Civic Theatre tsao years ago. Recommendation Accept the bid of California Roofing Conpany, Inc. in the amount of $9',630 to install ,` insulation boards over the existing roof and install a new built - up roof. Fiscal Impacts The $9,630 represents a $20,370 savings to .the City. Exhibits /Attachments 1 - Report dated 9/23/82 2 - Bid Suzy Council Action 10/6: Clevenger /Fanelli moved to award contract as recommended by staff. Passed 4 -0. REPORT t EA TO MAYOR AND CITY COUNCIL DATE: 9/23/82 COUNCIL MEETING: 9/ 6/82 SUBJECT: Award of Bid of City Hall Re- roofing The low bid of $9,630•is significantly lower then staff estimated for the reroofing project. Staff originally estimated that approximately 8,200 square feet of roof area had to be reroofed. In discussing the item with the contractor who bid on the project, he noted that a large percentage of the roof area was in shake and that only approximately 4,900 square feet had to be reroofed, therefore, the tremendous reduction in cost. Staff was assured that the leakage problems during last year's storms was the result of the tar and gravel and not the shake areas andthat any repairs to the tar and gravel portion of the roof would solve the leaking problems experienced last year. The $30,000 for the reroofing of City hall would represent approximately 15% increase in cost per square foot of reroofing as compared to two years ago when the Civic Theatre was reroofed. Since there is not the tremendous area being reroofed there is a $28,.70 savings to the City. U �. R. . Robinson, Jr. Director of Planning & Policy Analysis RSR /mgr DATE: o�C _#198,2. TIMEQ_:0Q �P,M. City of Saratoga -BID SUMMARY- Sheet / of 4 PROJECT 'r(Ic —Hc,l /( "c' net Amount iit Amount Unit Amount it Amount it Amount [te Description Quantity it - - - 3L , � 1 BID. PROPOSAL ITEM DESCRIPTION PRICE WRITTEN IN WORDS TOTAL PRICE PROPOSAL I. Removal of existing roofing and installation of new built -up roof. 1. Low roof area $9980.00 Combined areas since 3 relatively small areas @ Nine thousand nine hundred Dollars eighty dollars & no---------- --Cents 2. Upper roof area $ @ Dollars Cents TOTAL BID PROPOSAL I. (Items 1 & 2) $9980.00 PROPOSAL II. Installation of Y' insulation boards over existing roof and installation of new built -up roof. Combined areas since 3 relatively small areas 1. Low roof area $_9630.00 @ Nine thousand six hundred thirtyDollars & Cents 2. Upper roof area $ @ Dollars Cents TOTAL BID PROPOSAL II. (Items 1 & 2) $9630.00 -4- 10 .r QSC�C��'OM�D s E P 3 0 19e2 September 20, 1982 City Council of Saratoga =- City of Saratoga, California Subject: Land of Jacobsen, City file #1523 Council Members: We, the undersigned, are owners of property located near the Jacobsen property. We are supportive of his application to subdivide his two acre parcel into two lots and have no objection to having five parcels served from a common drive way. IA TN �— ADDRESS DATE ADDRESS DATE NAME ADDRESS DATE NAME ADDRESS �—as s DATE AME ADDRESS -��- DATE N ME ADDRESS TE NAME ADDRESS