AGENDA
City of Monte Sereno
Tuesday, January 18, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
How to Participate
To maximize public safety while still maintaining transparency and public access, members of the public can access and participate in the meeting as follows: To listen (only) by telephone dial US: +1 253-215-8782 or +1-346-248-7799 or +1-720-707-2699 or +1-301-715-8592 or +1-312-626-6799 or +1-646-558-8656. When prompted by the system enter participation Webinar ID: 811 6400 8641 and Password: 291423. To attend the meeting webinar with a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://us06web.zoom.us/j/81164008641pwd=Q3dWRUZCMFVDRncvbDZuWjl4SUhFZz09 Passcode:
291423. Or iPhone one-tap (telephone connection): US: +12532158782,,81164008641#,,,,*291423# or +13462487799,,81164008641#,,,,*291423#
You will be prompted to install the webinar client appropriate for your device. Attendees are encouraged to install the needed software in advance at the following locations depending on the device being used. If you are unable to participate in real-time, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Verbal Communications - Non Agenda Item." Comments received by email will be read into the record, with a maximum allowance of three (3) minutes per individual comment, subject to the Mayor's discretion.
All comments should be a maximum of 350 words, which corresponds to approximately three (30 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Page
HOW TO PARTICIPATE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
PRESENTATIONS
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
(It is recommended that all items listed be acted on simultaneously unless separate discussion and/or action is required by a Councilmember.)
1. Approve the Minutes of the January 4, 2022 Regular Meeting Staff recommends approval of the minutes of the January 4, 2022 Regular Meeting.
Staff Report - SR-22-004 - Pdf
5 - 8
2. Approve Warrant List Dated January 18, 2022 in the Amount of $25,256.27
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-22-014 - Pdf
9 - 10
3. Accept the Treasurer's Report for the Period Ending November 30, 2021 Staff recommends the City Council accept the Treasurer's Report for the period ending November 30, 2021.
Staff Report - SR-22-003 - Pdf
11 - 12
4. Accept the Significant Full Year To Date Variances to Budget Narrative for November 2021
Staff recommends the Council accept the Budget Narrative for November 2021.
Staff Report - SR-22-007 - Pdf
13 - 15
5. Accept Revenues and Expenditures Report for the Month of November 2021
Staff recommends the Council accept the Revenues and Expenditures Report for the month of November 2021.
Staff Report - SR-22-008 - Pdf
16 - 27
6. Accept the LAIF Investment Report for November 2021
Staff recommends the Council accept the LAIF Investment Report for November 2021.
Staff Report - SR-22-009 - Pdf
28 - 30
7. Consider and Adopt a Resolution Accepting Improvements Completed Under the La Rinconada Neighborhood Street Improvements Project and Authorize Staff to File a Notice of Completion for the Project Staff recommends the City Council adopt a resolution accepting improvements completed under the La Rinconada Neighborhood Street Improvements Project and authorize staff to file a Notice of Completion for the project.
Staff Report - SR-22-001 - Pdf
31 - 34
8. Authorize City Manager To Enter Into A Maintenance Agreement With Caltrans for the Highway 9 Safety Improvements Gap Closure Project Staff recommends that City Council approve and authorize the City Manager to execute a Project Specific Maintenance Agreement with the California Department of Transportation (Caltrans) for the Highway 9 Safety Improvements Gap Closure Project.
Staff Report - SR-22-006 - Pdf
35 - 47
PUBLIC HEARINGS
1. Conduct a Public Hearing on the 2022 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement
Staff recommends the City Council hold a Public Hearing on the 2021 Weed Abatement Program and adopt a resolution overruling Objections and determining to proceed with Weed Abatement. The Public Hearing will be held virtually via the Zoom application.
Staff Report - SR-22-005 - Pdf
48 - 54
UNFINISHED BUSINESS
NEW BUSINESS
1. Consider and Adopt Resolution to Incorporate the Objective Design Standards as an Addendum to the Design Guidelines
Staff recommends the City Council adopt a resolution to add the Objective Design Standards as an addendum to the Design Guidelines.
Staff Report - SR-22-012 - Pdf
55 - 79
2. Consider and Adopt a Resolution Authorizing the City Manager to Execute a Mills Act Contract for the property at 17985 Saratoga-Los Gatos Road
Staff recommends the City Council adopt a resolution to execute a Mills Act Contract for the property at 17985 Saratoga-Los Gatos Road.
Staff Report - SR-22-002 - Pdf
80 - 100
3. Discussion Regarding Formation of an Emergency Preparedness Ad Hoc Committee
Staff recommended that Council discuss the Emergency Preparedness Ad Hoc Committee.
Staff Report - SR-22-010 - Pdf
101
4. Consider and Accept the City Manager's Quarterly Report Staff recommends that the City Council consider and accept the City Manager's quarterly report.
Staff Report - SR-22-013 - Pdf
102 - 106
COMMITTEE/COMMISSION REPORTS
COUNCIL MEMBER COMMENTS
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Approve the Minutes of the January 4, 2022 Regular Meeting Recommendation(s):
Staff recommends approval of the minutes of the January 4, 2022 Regular Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
1-4-22 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
January 4, 2022
MEETING CALLED TO ORDER
At approximately 7:02 p.m., Mayor Ellahie called the meeting to order.
ROLL CALL
Present: Councilmember Lawler, Councilmember Turner, Councilmember Leuthold, Mayor Pro Tempore Mekechuk, and Mayor Ellahie
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, City Planner Perkins, Deputy City Clerk Gonzalez-Langarica, and City Clerk Radcliffe
ORDERS OF THE DAY
There were no changes.
PRESENTATIONS
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
Mayor Ellahie pulled Consent Calendar Agenda Item #5 for discussion.
1. Approve the December 21, 2021, Regular Meeting Minutes
2. Approve the Warrant List Dated January 4, 2022, in the Amount of $155,347.43
3. Accept the Annual Approval and Signing of the City Council Code of Ethics
4. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) RESOLUTION NO. 21-3838 MOTION: Motion by Councilmember Lawler to approve the Consent Calendar Agenda Item No. #1 through #4. Seconded by Mayor Pro Tempore Mekechuk.
VOTE: Motion passed unanimously. (5-0-0)
5. Waive the Second Reading and Adopt Ordinance No. NS-229, an Ordinance of the City Council of the City of Monte Sereno Amending Chapter 9.04 (Grading), Chapter 10.05 (Zoning District Regulations), Section 10.06.140 (Accessory Dwelling Units), Chapter 10.08 (Site Development Permits and Planned Development Permits), and Chapter 10.15 (Tree Preservation), and Enacting Chapter 13.06 (Urban Lot Splits) for the Implementation of Government Code Sections 65852.21 and 66411.7
MOTION: Motion by Councilmember Turner to waive the second reading and adopt Ordinance No. NS-229. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (5-0-0)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Consider and Approve City Council Committee/Commission and Ad Hoc Assignments for Calendar Year 2022
MOTION: Motion by Councilmember Mekechuk to approve the City Council Committee/Commission and Ad Hoc assignments except the Information Technology Ad Hoc Committee for Calendar Year 2022. Seconded by Councilmember Lawler.
VOTE: Motion passed unanimously. (5-0-0)
MOTION: Motion by Councilmember Turner to appoint Councilmember Turner and Councilmember Leuthold to the Information Technology Ad Hoc Committee. Seconded by Councilmember Leuthold.
COMMITTEE/COMMISSION REPORTS
There were no council reports.
COUNCILMEMBER COMMENTS
Councilmember Lawler shared that she received positive comments on the improvements made on Winchester Boulevard. She suggested that the City be proactive on summer beach traffic and look into having a traffic officer posted on Eaton Lane to alleviate issues residents may have.
Councilmember Turner stated that the CERT and the neighborhood watch group have not been able to meet due to the pandemic and there are citizens interested in forming a Neighborhood Watch group. She stated that Jackie Rose from the Los Gatos-Monte Sereno Police Department will be meeting with them to discuss creating a neighborhood watch group.
Mayor Ellahie stated the Council received the Santa Clara County Assessor’s Office Annual Report for 2021-2022 and encouraged the Council to review it.
Mayor Pro Tempore Mekechuk stated that a few residents have expressed interest in installing Flock cameras in their neighborhoods.
CITY MANAGER’S REPORT
City Manager Steve Leonardis congratulated the Youth Commission on their successful collection of coats and jackets during holidays.
FUTURE AGENDA ITEMS
Mayor Ellahie requested that staff consider an implementation plan for having hybrid City Council meetings in March or April.
ADJOURN
The meeting adjourned at approximately 8:22 p.m.
__________________________
Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Radcliffe, City Clerk
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated January 18, 2022 in the Amount of $25,256.27 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Warrants List Dated January 18, 2022
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
January 18, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19633 Vantagepoint Transfer
Agent-30 Funding 457 Plan - December 2021 2,758.77 01-660 19634 Association of Bay Area
Govern Gas utilities for City Hall 149.42 01-705
19635 Anago Franchising, Inc Janitorial supplies for City Hall 38.96 01-860 19636 BMI Imaging Systems Scanning and copying permit documents 3,223.50 01-715 19637 Burke,Williams &
Sorensen, LLP
Legal services for 1) Labor negotiations,
2) City Attorney Services, 3) Greenwood
Ln and 4) Shekar cases.
5,362.55 01-425
01-427
19638 EOS Integration IT consulting/remote support, software licenses and office phone services 6,683.06
01-535
01-720
01-811
19639 First Choice Coffee
Services Coffee services for City Hall 30.00 01-710
19640 Frontier Communications City Hall landlines for alarm and computers 84.24 01-720
19641 Hillview Design Print Media Business cards for Mayor and Mayor Pro Tempore 81.61 01-725
19642 HOWARD ROME MARTIN
& RIDLEY LL Legal services for Padgett case 97.50 01-427 19643 Pacific Gas & Electric Electricity for Loma Sereno and Rose Andrews Lighting District 206.79 40-935 50-945
19644 Reynold Samoranos Reimbursement for 2021 tax \form 1099s filings. 65.04 01-710
19645 State Compensation Ins
Fund Workers Compensation premiums 306.34 01-642
19646 Wells Fargo Bank
City Council expenses, office supplies,
conference travel expenses, and
building maintenance supplies
6,168.49
01-505 01-
710 01-720
01-740 01-
860
Total Warrant List - January 18, 2022 $25,256.27
I, REYNOLD SAMORANOS, FINANCIAL AND ADMINISTRATION OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending November 30, 2021 Recommendation(s):
Staff recommends the City Council accept the Treasurer's Report for the period ending November 30, 2021.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
They City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
Treasurers Report Ending November 30, 2021
TREASURER'S REPORT For the period ending
November 30, 2021
November 30, 2021 October 31, 2021 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $384,320.18 $452,794.11 ($68,473.93)
Receipts and Interest Earned
Receipts for the period $477,291.93 $314,592.15 $162,699.78 In November,2021, received Secured Property Tax 1st Advance ($194k) and 2nd Advance ($121k); Comcast Franchise Tax ($16k) and Property Transfer Tax ($14k).
Investment receipts during the period $0.00 $0.00 $0.00 Interest earned $0.00 $0.00 $0.00
Total Receipts and Interest Earned $477,291.93 $314,592.15 $162,699.78 Less: Disbursements
Cash disbursements during the period $409,655.49 $346,153.29 $63,502.20 In November 2021, paid Gradetech Inc for La Rinconada
Neighborhood St Improvement Project ($226k), Employee Net pay plus 457 Plan Funding ($60k), COPS ELEAS Grant pass-thru to Los Gatos Police services ($42k) and Burke, Williams & Sorensen for legal services ($21k),
Invested during the period $0.00 $0.00 $0.00
GASB Report & SSA fee $0.00 $0.00 $0.00
EFT(PERS retirement) $10,370.85 $12,161.23 ($1,790.38) Employee max-out in PEPRA contribution EFT (payroll taxes) $19,353.16 $19,891.81 ($538.65) Employee max-out in PEPRA contribution EFT (PERS health) $7,790.23 $0.00 $7,790.23 Current month CalPERS Health premiums.
EFT (EDD payroll taxes) $5,479.95 $4,768.21 $711.74
Bank fees $55.46 $91.54 ($36.08)
Total Disbursements $452,705.14 $383,066.08 $69,639.06
ENDING BALANCE $408,906.97 $384,320.18 $24,586.79
BALANCE IN DEMAND ACCOUNTS
Checking $45,573.14 $55,993.94 ($10,420.80)
Savings $363,333.83 $328,326.24 $35,007.59
TOTAL DEMAND ACCOUNTS $408,906.97 $384,320.18 $24,586.79
FUND DISTRIBUTION IN DEMAND ACCOUNTS
General ($404,773.76) ($441,727.86) $36,954.10
Law Enforcement $36,286.58 $69,619.86 ($33,333.28) Received COPS Grant ($8k) and paid-out to Los Gatos Police ($42k) Traffic Safety $119,234.34 $119,082.66 $151.68 Received Bails and Fines - Sep 2021 Gas Tax (2107) $167,342.49 $146,947.84 $20,394.65 Received Gas Tax Revenue ($20k) Storm Drain $488,348.86 $488,348.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $2,356.77 $1,937.13 $419.64 Received Secured Property Taxes 1st and 2nd Advancement ($420k).
Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $408,906.97 $384,320.18 $24,586.79
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Significant Full Year To Date Variances to Budget Narrative for November 2021
Recommendation(s):
Staff recommends the Council accept the Budget Narrative for November 2021.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the city's website.
Attachments:
Significant Year To Date Variances to Budget Narrative 2021
1 | P a g e
Significant Revenue and Expenditures Narrative
November 2021
41.7% of FY 2021-22 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO ADOPTED BUDGET NARRATIVE Revenues $1.7 Million (35.1% of FY 2021-22 Adopted Budget) - Property Tax $415k, 18.2% of FY 2021-22 Adopted Budget: In November received Secured 1st and 2nd Advance property tax $314k (01-202). Already received $12k Excess Educational Revenue Augmentation Fund (ERAF) property tax (01-202) and $6k SB-813 taxes (01-214).
- Licenses and Permits $462k, 69.4% of FY 2021-22 Adopted Budget: Licenses and Permits activities continue to be robust this year. In November, led by construction permits submitted by properties on Seaborn Ct $24k, Eaton Ln $4k, and Viewfield Rd $3k (01-236). Encroachment permits $11k (01-244). - Franchise Fees $66k, 21.3% of FY 2021-22 Adopted Budget: Received $19k Comcast franchise fees (01-268) $4k West Valley Collection franchise fees (01-266/01-267) - Intergovernmental $101k, 44.5% of FY 2021-22 Adopted Budget: Received $8k COPS ELEAS pass-thru grant revenue (03-318)
- Other Revenues $88k, 22.8% of FY 2021-22 Adopted Budget: In November, received Road Impact Fees from projects on Bancroft Ave, Eaton Ln, Daves Ave and Oakhurst Dr $3k (01-246). - Gas Tax $72k, 40.8% of FY 2021-22 Adopted Budget: Received $14 Gas Tax (12-328) and $6k from SB-1 Road Maintenance & Rehabilitation revenue (12-333).
- Real Property Tax $81k, 39.2% of FY 2021-22 Adopted Budget: Received $14k in real property transfer tax for the month of November (01-222).
- Sales and Use Tax $415k, 71.4% of FY 2021-22 Adopted Budget: Received $1k in sales and use tax (01-296) and already received Coronavirus Relief Fund of $410k.
- Investment Income/Interest $4k, 14.2% of FY 2021-22 Adopted Budget: Received $3k LAIF interest for 1st Quarter FY 2021-22 (July-September 2021) (01-222).
2 | P a g e
Significant Revenue and Expenditures Narrative
November 2021
41.7% of FY 2021-22 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO ADOPTED BUDGET NARRATIVE Expenditures $1.6 Million, 21.3% of FY 2021-22 Adopted Budget - Personnel $504k, 38.7% of FY 2021-22 Adopted Budget: Salaries tracking budget. Unfunded Pension liabilities lower versus the Adopted Budget.
- Law Enforcement $287k, 26.9% of FY 2021-22 Adopted Budget: Paid COPS ELEAS pass-thru Grant $42k to Los Gatos Police Department (03-548).
- Construction $ zero, 0.0% of FY 2021-22 Adopted Budget: None. - General Government $248k, 50.1% of FY 2021-22 Adopted Budget: Paid EMC Planning Group for ABAG RHNA Appeal; Support Project and Housing Element Project $6k and M-Group for consulting work on the Objective Design Standards project $3k (01-535). Code Enforcement Consultant $3k (01-545). - Maintenance $315k, 11.6% of FY 2021-22 Adopted Budget: Paid $226k for La Rinconada Neighborhood St Improvement Project.
- Administration $145k, 31.1% of FY 2021-22 Adopted Budget: Paid CSG Consultants, Inc for Building Inspector services $4k and Alana Consulting $27k for plan checks October and November (01-765). - City Attorney $69k, 40.2% of FY 2021-22 Adopted Budget: City Attorney expenses $13k (01-425) and legal representation for open cases – Greenwood Ln, Padgett, Labor HR matters and Shekar cases $8k (01-427). - Building Maintenance $16k, 2.4% of FY 2021-22 Adopted Budget: Paid Mighty Mite Termite Services for City Hall building $7k, Alamo Landscaping services $1k and cleaning, hauling debris, tree work services $2k (01-860). - Equipment / Improvements $16k, 11.9% of FY 2021-22 Adopted Budget: None paid in November 2021 - City Audit $2k, 2.9% of FY 2021-22 Adopted Budget: Minimal expenses paid during November 2021.
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept Revenues and Expenditures Report for the Month of November 2021
Recommendation(s):
Staff recommends the Council accept the Revenues and Expenditures Report for the month of November 2021.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council's agenda was posted at the City Hall and the agenda this report appear on the City's website.
Attachments:
Revenue and Expenditures Monthly Report November 30, 2021
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
REVENUES
PROPERTY TAX
LICENSE & PERMITS
FRANCHISE TAX
INTERGOVERNMENTAL
OTHER REVENUE
GAS TAX
INTEREST
REAL PROPERTY TAX
SALES TAX
FINES
TOTAL REVENUE
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
2,274,100 314,595 414,966 (1,859,134) 18.2%
666,525 91,752 462,385 (204,140) 69.4%
310,700 23,396 66,144 (244,556) 21.3%
227,250 8,333 101,112 (126,138) 44.5%
385,600 3,291 87,879 (297,721) 22.8%
176,000 20,395 71,810 (104,190) 40.8%
24,800 0 3,515 (21,285) 14.2%
205,245 14,367 80,518 (124,727) 39.2%
581,325 893 415,120 (166,205) 71.4%
3,500 152 676 (2,824) 19.3%
4,855,045 477,175 1,704,126 (3,150,919) 35.1%
Page: 1 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 17 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
PROPERTY TAX
01-202 Secured
01-204 Unsecured
01-210 Homeowners Exemption
01-214 SB 813 Supplemental
03-316 Law Enforcement Tax (See Notes
Below)
40-366 Secured
40-368 Unsecured
40-370 Homeowners Exemption
40-378 Homeowner Exempt/SB813
50-402 Assessment
TOTAL PROPERTY TAX
Notes to Law Enforcement Tax - $106,000
03-316
Police Special Tax Assessment
two payments received January &
June - $106,000
SALES TAX
01-296 Sales and UseTax
01-298 Coronavirus Relief Fund (State)
TOTAL SALES TAX
GAS TAX
12-328 Gas Tax
12-333 Gas Tax (SB-1)
TOTAL GAS TAX
FRANCHISE TAX
01-262 Gas
01-263 Electricity
01-264 Water
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-268 Cable TV
TOTAL FRANCHISE TAX
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
2,039,700 314,176 325,958 (1,713,742) 16.0%
87,000 0 85,304 (1,696) 98.1%
5,000 0 0 (5,000) 0.0%
35,000 0 3,141 (31,859) 9.0%
106,000 0 0 (106,000) 0.0%
1,400 420 444 (956) 31.7%
0 0 114 114 N/A
0 0 0 0 N/A
0 0 4 4 N/A
0 0 0 0 N/A
2,274,100 314,595 414,966 (1,859,134) 18.2%
7,825 893 5,215 (2,610) 66.6%
573,500 0 409,905 (163,595) 71.5%
581,325 893 415,120 (166,205) 71.4%
176,000 14,420 40,807 (135,193) 23.2%
0 5,975 31,003 31,003 N/A
176,000 20,395 71,810 (104,190) 40.8%
17,600 0 0 (17,600) 0.0%
38,000 0 0 (38,000) 0.0%
29,600 0 0 (29,600) 0.0%
120,100 254 33,479 (86,621) 27.9%
31,700 4,418 13,941 (17,759) 44.0%
73,700 18,725 18,725 (54,975) 25.4%
310,700 23,396 66,144 (244,556) 21.3%
Page: 2 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 18 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX
LICENSE AND PERMIT FEES
01-231 SB1186 Fees
01-232 Business License
01-234 ConstructionTax
01-235 SMIP
01-236 Construction Permits
01-237 Grading Permits
01-238 SB1473 (BSASRF)
01-240 Subdivision Fee
01-241 Site Development\Use\Variance\
01-242 Zoning Fees
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)
TOTAL FINES
INVESTMENT INCOME
01-282 Interest - General (See Notes
Below)
12-332 Gas Tax Interest
. TOTAL INTEREST
.
Notes to Interest - General - $24,150
01-282
LAIF interest payment received in
arrears - 1st Qtr in October
($3,515 Actual), 2nd Qtr in
January, 3rd Qtr in April and 4th
Qtr in July.
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
95,000 14,367 80,518 (14,482) 84.8%
110,245 0 0 (110,245) 0.0%
205,245 14,367 80,518 (124,727) 39.2%
1,175 36 512 (663) 43.6%
21,000 1,662 9,845 (11,155) 46.9%
12,200 0 18,868 6,668 154.7%
1,700 79 1,979 279 116.4%
500,000 75,275 346,808 (153,192) 69.4%
32,000 2,351 25,572 (6,428) 79.9%
700 24 643 (57) 91.9%
0 0 186 186 N/A
0 0 1,888 1,888 N/A
3,350 0 0 (3,350) 0.0%
53,000 11,177 25,849 (27,151) 48.8%
41,400 1,148 30,235 (11,165) 73.0%
666,525 91,752 462,385 (204,140) 69.4%
0 0 0 0 N/A
3,500 152 676 (2,824) 19.3%
3,500 152 676 (2,824) 19.3%
24,150 0 3,140 (21,010) 13.0%
650 0 375 (275) 57.7%
24,800 0 3,515 (21,285) 14.2%
Page: 3 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 19 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
INTERGOVERNMENTAL
01-287 AB939 (recycle incentive)
01-288 Abandoned Vehicle Abatement
01-300 Motor vehicle (state)
01-305 Miscellaneous
03-318 COPS grant revenue
05-323 Miscellaneous (Measure B &VRF)
See Notes Below
TOTAL INTERGOVERNMENTAL
Notes to Miscellaneous (05-323) - $120,000
05-323
Measure B - $70,000 for
Winchester Blvd Class IV
Proteced Bike Lanes (received
$22,031 October 2021)
05-323
VRF - $23,500 for Winchester
Blvd Class IV Proteced Bike
Lanes
05-323 Highway 9 Safety Improvements
Gap Closure - $26,500
. OTHER REVENUE
01-246 Road Impact fees
01-290 BCJPIA/State fund Ins. rebate
01-291 Microfilm Fee
01-292 Miscellaneous (See Notes Below)
01-294 Reimb. Publication
01-295 Code Enforcement Collections
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance
TOTAL OTHER REVENUE
Notes to Miscellaneous (01-292) $283,600
01-292 Secured Grant for Annex Building
Project $198,600
01-292 Housing Element - Leap Grant
$65,000
01-292 Housing Element - Reap Grant
$20,000
TOTAL REVENUE
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
2,500 0 495 (2,005) 19.8%
1,750 0 635 (1,115) 36.3%
3,000 0 0 (3,000) 0.0%
0 0 0 0 N/A
100,000 8,333 77,952 (22,048) 78.0%
120,000 0 22,031 (97,969) 18.4%
227,250 8,333 101,112 (126,138) 44.5%
90,000 2,981 77,437 (12,563) 86.0%
0 0 140 140 N/A
6,000 310 3,613 (2,387) 60.2%
283,600 0 20 (283,580) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
6,000 0 6,669 669 111.1%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
385,600 3,291 87,879 (297,721) 22.8%
4,855,045 477,175 1,704,126 (3,150,919) 35.1%
Page: 4 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 20 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
EXPENDITURES
PERSONNEL
LAW ENFORCEMENT
CONSTRUCTION
GENERAL GOVERNMENT
MAINTENANCE
ADMINISTRATION
CITY ATTORNEY
BUILDING MAINTENANCE
EQUIPMENT / IMPROVEMENT
CITY AUDIT
ENGINEERING
SPECIAL DISTRICTS
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
1,302,975 101,739 504,415 (798,560) 38.7%
1,067,085 41,667 287,348 (779,737) 26.9%
405,406 0 0 (405,406) 0.0%
495,588 13,460 248,138 (247,450) 50.1%
2,723,100 227,994 314,548 (2,408,552) 11.6%
465,880 35,007 144,735 (321,145) 31.1%
171,200 20,921 68,843 (102,357) 40.2%
645,000 10,245 15,608 (629,392) 2.4%
132,800 0 15,836 (116,964) 11.9%
58,600 105 1,673 (56,927) 2.9%
50,000 0 0 (50,000) 0.0%
0 166 295 295 N/A
7,517,634 451,304 1,601,440 (5,916,194) 21.3%
(2,662,589) 25,871 102,686 2,765,275 -3.9%
Page: 5 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 21 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
EXPENDITURES
GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol
01-506 Youth Commission Programs
01-507 Community Interface
01-515 Council Memberships
01-520 Elections
01-521 Municipal Code Revision
01-522 Environmental Services
01-531 Disbursement SMIP
01-532 SB1473 (BSASRF)
01-533 Disbruse SB1186 Fees
01-535 Professional Services
01-540 Insurance & Bonding
01-545 Code Enforcement
01-550 Community Based Organizations
01-555 Emergency Services
01-560 Annexation
01-565 Legal Ads/Notices/Recording fees
01-570 General Plan Revise
01-575 Misc/Refunds
01-576 Sales Tax
01-585 Animal Control
TOTAL GENERAL GOVERNMENT
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
15,000 0 1,806 (13,194) 12.0%
3,000 0 0 (3,000) 0.0%
11,000 0 3,200 (7,800) 29.1%
12,000 0 1,572 (10,428) 13.1%
0 0 0 N/A
2,678 0 1,975 (703) 73.7%
22,035 0 3,007 (19,028) 13.6%
11,460 0 0 (11,460) 0.0%
500 0 0 (500) 0.0%
200 0 0 (200) 0.0%
232,000 8,795 99,940 (132,060) 43.1%
87,215 0 86,391 (824) 99.1%
30,000 2,616 7,216 (22,784) 24.1%
20,000 0 20,000 0 100.0%
12,000 0 0 (12,000) 0.0%
0 0 0 0 N/A
2,500 1,899 7,483 4,983 299.3%
0 0 0 0 N/A
1,000 150 150 (850) 15.0%
0 0 0 0 N/A
33,000 0 15,397 (17,603) 46.7%
495,588 13,460 248,138 (247,450) 50.1%
Page: 6 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 22 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
PERSONNEL
01-605 Regular Full Time
01-615 Part Time
01-620 Long Term Disablity Ins
01-625 Retirement Employer
01-627 Retirement Employee
01-630 Health Insurance
01-635 Dental Insurance
01-642 Workers Comp. Insurance
01-645 Social Security
01-647 Medicare
01-650 Unemployment
01-660 Deferred Compensation
01-665 Benefits Allowance
TOTAL PERSONNEL
ADMINISTRATION
01-705 Office Utilities
01-710 Office Supplies
01-711 Postage
01-715 Office Equip Maintenance
01-718 Bank Fee Finance Charge
01-720 Communications
01-725 Reproduction/Printing
01-740 Mtgs/Trvl/Mileage reimb.
01-745 Publications/Memberships
01-755 Professional Services
01-765 Contract Services
01-770 Training
01-775 Miscellaneous
01-885 Horticultural/Arborist Services
01-999 City Mangers Revolving Account
TOTAL ADMINISTRATION
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
893,194 76,706 373,880 (519,314) 41.9%
0 0 0 0 N/A
0 0 0 0 N/A
136,947 6,025 32,674 (104,273) 23.9%
32,775 1,956 9,779 (22,996) 29.8%
101,807 5,953 35,453 (66,354) 34.8%
7,267 1,090 3,270 (3,997) 45.0%
11,165 785 2,921 (8,244) 26.2%
53,592 3,797 22,127 (31,465) 41.3%
13,398 1,153 5,602 (7,796) 41.8%
294 0 42 (252) 14.3%
24,693 2,637 10,547 (14,146) 42.7%
27,843 1,637 8,118 (19,725) 29.2%
1,302,975 101,739 504,415 (798,560) 38.7%
11,500 553 3,468 (8,032) 30.2%
15,000 52 3,158 (11,842) 21.1%
5,000 0 15 (4,985) 0.3%
14,280 930 11,150 (3,130) 78.1%
0 70 70 N/A
32,500 123 17,450 (15,050) 53.7%
8,500 1,644 3,012 (5,488) 35.4%
5,600 800 5,719 119 102.1%
22,000 0 8,740 (13,260) 39.7%
0 0 0 0 N/A
335,000 30,905 91,453 (243,547) 27.3%
7,000 0 500 (6,500) 7.1%
0 0 0 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
465,880 35,007 144,735 (321,145) 31.1%
Page: 7 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 23 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
EQUIPMENT/IMPROVEMENTS
01-805 Office
01-810 Field
01-811 Computer, Hard/Software
01-815 Building Improvements
TOTAL EQUIPMENT / IMPROVEMENTS
LAW ENFORCEMENT
03-545 Police Services
01-546 Booking & CAL-ID
03-548 Disburse COPS grant funds
TOTAL LAW ENFORCEMENT
BUILDING MAINTENANCE
01-860 Building & Ground Maint
01-920 Building & Ground Const
TOTAL BUILDING MAINTENANCE
MAINTENANCE
01-845 Pavement Management Program
12-845 Pavement Management Program
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
12-865 Street Sweeping
25-850 Storm Drain Maintenance
TOTAL MAINTENANCE
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
15,000 0 0 (15,000) 0.0%
0 0 0 0 N/A
117,800 0 15,836 (101,964) 13.4%
0 0 0 0 N/A
132,800 0 15,836 (116,964) 11.9%
967,085 0 245,682 (721,403) 25.4%
0 0 0 0 N/A
100,000 41,667 41,667 (58,333) 41.7%
1,067,085 41,667 287,348 (779,737) 26.9%
45,000 10,245 14,113 (30,887) 31.4%
600,000 0 1,495 (598,505) 0.2%
645,000 10,245 15,608 (629,392) 2.4%
2,500 0 805 (1,695) 32.2%
0 0 0 0 N/A
0 0 0 N/A
2,685,000 226,161 301,145 (2,383,855) 11.2%
10,000 0 0 (10,000) 0.0%
4,200 0 2,765 (1,435) 65.8%
11,400 1,833 1,833 (9,567) 16.1%
10,000 0 8,000 (2,000) 80.0%
2,723,100 227,994 314,548 (2,408,552) 11.6%
Page: 8 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 24 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-905 Traffic Safety Project
05-925 Traffic Safety Misc Bike/Ped Improv
12-915 Gas Tax Road Project
25-910 Storm Drain Project
TOTAL CONSTRUCTION
ENGINEERING
Mapping and Records System
12-875 Congestion Management
25-805 WV Clean Water Administration
TOTAL ENGINEERING
SPECIAL DISTRICTS
40-935 Loma Serena Lighting
50-945 Rose/Andrews Lighting
TOTAL SPECIAL DISTRICTS
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
60,000 0 0 (60,000) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
340,000 0 0 (340,000) 0.0%
0 0 0 0 N/A
5,406 0 0 (5,406) 0.0%
405,406 0 0 (405,406) 0.0%
0 0 0 N/A
18,000 0 0 (18,000) 0.0%
32,000 0 0 (32,000) 0.0%
50,000 0 0 (50,000) 0.0%
123 123 123 N/A
43 172 172 N/A
0 166 295 295 N/A
Page: 9 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 25 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
CITY ATTORNEY
01-425 Retainer
01-427 Litigation
01-430 City Attorney litigation
01-435 Mtg, Trv, Prot.
TOTAL CITY ATTORNEY
CITY AUDIT
01-470 Audit
12-472 Gas Tax Audit
01-480 Misc/Bank charges
TOTAL CITY AUDIT
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
111,200 13,439 36,212 (74,988) 32.6%
60,000 7,481 32,631 (27,369) 54.4%
0 0 0 0 N/A
0 0 0 0 N/A
171,200 20,921 68,843 (102,357) 40.2%
50,100 0 0 (50,100) 0.0%
3,500 0 0 (3,500) 0.0%
5,000 105 1,673 (3,327) 33.5%
58,600 105 1,673 (56,927) 2.9%
7,517,634 451,304 1,601,440 (5,916,194) 21.3%
(2,662,589) 25,871 102,686 2,765,275 -3.9%
Page: 10 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 26 of 106
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
November 2021
41.7% OF FY 2021-22 Adopted Budget
TOTAL FUND RESERVES
WARRANT CHECKING ACCOUNT
01-010 TOTAL WARRANT CHECKING
SAVINGS ACCOUNT
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
TOTAL SAVINGS
TOTAL DEMAND ACCOUNTS
LAIF GENERAL FUND ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
01-025 Subtotal Unrestricted Reserve
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
40-024 Loma Serena Lighting District
Subtotal Restricted Reserve
TOTAL GENERAL FUND RESERVE
TOTAL ALL FUNDS
FY 2021-22 Adopted
Budget
CURRENT MONTH
November 2021
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
ADOPTED
BUDGET
13,695 (10,421) 45,573 31,878 332.8%
1,796,361 47,375 (450,347) (2,246,708) -25.1%
(811,083) (33,333) 36,287 847,370 -4.5%
(2,570,127) 152 119,234 2,689,361 -4.6%
214,966 20,395 167,342 (47,624) 77.8%
30,369 0 488,349 457,980 1608.1%
73 0 73 (0) 99.7%
2,888 420 2,357 (531) 81.6%
39 0 39 (0) 99.8%
(1,336,514) 35,008 363,334 1,699,848 -27.2%
(1,322,819) 24,587 408,907 1,731,726 -30.9%
533,850 0 1,091,002 557,152 204.4%
3,500,000 0 3,500,000 0 100.0%
500,000 0 500,000 0 100.0%
200,000 0 200,000 0 100.0%
0 0 0 0 N/A
4,733,850 0 5,291,002 557,152 111.8%
100,000 0 300,000 200,000 300.0%
129,793 0 130,400 607 100.5%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6,751 0 100.0%
284,587 0 485,194 200,607 170.5%
5,018,437 0 5,776,196 757,759 115.1%
3,695,618 24,587 6,185,103 2,489,485 167.4%
Page: 11 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2021 11 30 (Final 12-28-2021) Page 27 of 106
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the LAIF Investment Report for November 2021 Recommendation(s):
Staff recommends the Council accept the LAIF Investment Report for November 2021.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
LAIF Investment Report Dated November 30, 2021
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
November 30, 2021
ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
01-025 Subtotal Unrestricted Reserves
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
Building Fund
40-024 Loma Serena Ltg.
Subtotal Restricted Reserve
Total General Fund Reserve - LAIF
10/31/2021
Revenue Interest
and
(Disbursements )
Transfers within
WFB between 5508
and 2153
Transfer in/(Out) (From
WFB 5508 to LAIF) 11/30/2021 Comments
`
1,091,001.94 1,091,001.94
3,500,000.00 3,500,000.00
500,000.00 500,000.00 No Activity
200,000.00 200,000.00
0.00 0.00
5,291,001.94 0.00 0.00 0.00 5,291,001.94
300,000.00 300,000.00
130,400.17 130,400.17
21,000.00 21,000.00
27,042.53 27,042.53 No Activity
0.00 0.00
6,751.00 6,751.00
485,193.70 0.00 0.00 0.00 485,193.70
5,776,195.64 0.00 0.00 0.00 5,776,195.64
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
November 30, 2021
ALL FUNDS REPORT
SAVINGS ACCOUNT #5508
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
Total
WARRANT CHECKING ACCOUNT #2153
01-010 Total
Total All Funds
10/31/2021
Revenue Interest
and
(Disbursements )
Transfers within
WFB between 5508
and 2153
Transfer in/(Out) (From
WFB 5508 to LAIF) 11/30/2021 Comments
(497,721.80) 447,937.17 (400,562.27) (450,346.90)
In November,2021, received Secured Property Tax
1st Advance ($194k) and 2nd Advance ($121k);
Comcast Franchise Tax ($16k) and Property Transfer
Tax ($14k).
69,619.86 8,333.33 (41,666.61) 36,286.58 Received COPS Grant ($8k) and paid-out to Los Gatos Police ($42k)
119,082.66 151.68 119,234.34 Received Bails and Fines - Sep 2021 146,947.84 20,394.65 167,342.49 Received Gas Tax Revenue ($20k) 488,348.86 0.00 488,348.86
72.75 0.00 72.75
1,937.13 419.64 2,356.77 Received Secured Property Taxes 1st and 2nd Advancement ($420k).
38.94 0.00 38.94
328,326.24 477,236.47 (442,228.88) 0.00 363,333.83
55,993.94 (452,649.68) 442,228.88 45,573.14
Paid Gradetech Inc. for La Rinconada Neighborhood
St Improvement Project ($226k), Employee Net pay
plus 457 Plan Funding ($60k), COPS ELEAS Grant
pass-thru to Los Gatos Police Service payment
($42k) and Burke, Williams and Sorensen for legal
services ($21k).
6,160,515.82 24,586.79 0.00 0.00 6,185,102.61
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Jessica Kahn,
Department: City Engineer
Title: Consider and Adopt a Resolution Accepting Improvements Completed Under the La Rinconada Neighborhood Street Improvements Project and Authorize Staff to File a Notice of Completion for the Project Recommendation(s):
Staff recommends the City Council adopt a resolution accepting improvements completed under the La Rinconada Neighborhood Street Improvements Project and authorize staff to file a Notice of Completion for the project.
Background Information:
On August 3, 2021, the City Council authorized the award of a construction contract for the La Rinconada Neighborhood Street Improvements Project to GradeTech, Inc. in the total bid amount of $582,835 and authorized change orders for a not-to-exceed $58,284, pursuant to City Council Resolution No. 21-3822. The final contract amount, based on the actual work quantities totals $585,834.
Analysis:
The project’s scope included the installation of approximately 2,300 linear feet of concrete rolled curb and gutter, 25,400 square feet of roadway reconstruction, and asphalt overlay of Zena Avenue. The contractor, GradeTech, Inc., has completed all required contract improvements to the satisfaction of the City Engineer and has submitted the required maintenance bond per the project specification.
Fiscal Impact:
The City Council approved budget for Fiscal Year 2021-2022 includes $2,000,000 for the La Rinconada Neighborhood Street Improvements Project (Fund 05-870). On August 3, 2021, Council awarded a contract to Grade Tech, Inc for the base bid work on Zena Ave in the amount not to exceed $641,119. On September 7, 2021, Council awarded a contract to McKim Corporation for the remainder of the project, defined as the Clara Street and Natalye Drive Street Improvements Project in the amount not to exceed $594,218. The project is scheduled to be completed in March 2022.
Approximately $820,000 will remain in Fund 05-870 at the completion of the entirety of the La Rinconada Neighborhood Street Improvements Project.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Draft Resolution
Notice of Completion
RESOLUTION NO. ________
A RESOLUTION OF THE MONTE SERENO CITY COUNCIL ACCEPTING
IMPROVEMENTS COMPLETED UNDER THE LA RINCONADA NEIGHBORHOOD
STREET IMPROVEMENTS PROJECT
WHEREAS, the City Council accepted bids and awarded the construction contract for the La Rinconada Neighborhood Street Improvements Project to GradeTech, Inc. of San Ramon, California on August 3, 2021 in the total amount of $582,835, and authorized award of the contract with a 10% contingency of $58,284 for a total budgeted project amount of $641,119; and
WHEREAS, the City Engineer has reported that the aforementioned contractor has satisfactorily completed the work required under this contract for the total amount of $585,834 and has recommended that the City Council accept the work completed for the City’s beneficial use.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND RESOLVED, AS FOLLOWS:
The City Council of the City of Monte Sereno hereby accepts, for the work of improvement under the aforementioned construction contract, and authorizes the City Engineer to file and record a notice of completion pursuant to Civil Code section 9204.
I hereby certify that the foregoing is full, true, and correct copy of a Resolution duly passed and adopted by the City Council of the City of Monte Sereno, Santa Clara County, California, at a meeting thereof held on the 18th day of January, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Javed Ellahie, MAYOR
ATTEST:
__________________________________________
Michelle Estabillo, CITY CLERK
RECORDING REQUESTED BY:
City Of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
WHEN RECORDED MAIL TO:
City Of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Attn: Michelle Estabillo
City Clerk
TO BE RECORDED WITHOUT A
FEE UNDER GOVERNMENT
CODE SECTION 6103
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
NOTICE OF COMPLETION
Notice is hereby given, pursuant to Section 9204 of the Civil Code of the State of California, that the work of improvements for the La Rinconada Neighborhood Street Improvements Project contract was completed by GradeTech, Inc. of San Ramon, California and accepted by the City Council of the City of Monte Sereno on the 18th day of January, 2022.
This work included the installation of approximately 2,300 linear feet of concrete rolled curb and gutter, 25,400 square feet of roadway reconstruction, and asphalt overlay of Zena Avenue.
Name and address of owner:
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
I certify under penalty of perjury that the foregoing is true and correct.
Signed:
____________________________ _________________________
Michelle Estabillo Date
City Clerk
Executed at: Monte Sereno, California
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Jessica Kahn,
Department: City Engineer
Title: Authorize City Manager To Enter Into A Maintenance Agreement With Caltrans for the Highway 9 Safety Improvements Gap Closure Project Recommendation(s):
Staff recommends that City Council approve and authorize the City Manager to execute a Project Specific Maintenance Agreement with the California Department of Transportation (Caltrans) for the Highway 9 Safety Improvements Gap Closure Project.
Background Information:
As part of the Highway 9 Phase 2 Improvement Project, pedestrian improvements were proposed in the City of Monte Sereno from the Santa Clara County Limits to the Town of Los Gatos City Limits. Due to funding constraints during the bid process, the project was reduced to meet the funding requirements and improvements were reduced in the City of Monte Sereno proportionally. Several grant funding opportunities are anticipated for the construction of these improvements in the near future. In order maximize the competitiveness of a grant application, the City must update the previously designed project to current standards and apply for a Caltrans encroachment permit.
On March 17, 2020, the City Council approved a design contract with BKF Engineers, Inc. for the design and the preparation of the construction documents for the Highway 9 Safety Improvements Gap Closure Project. BKF and City Staff have been actively working with Caltrans since this time to complete the encroachment permit for the project. Caltrans requires a Project Specific Maintenance Agreement to issue an encroachment permit.
The agreement sets forth the responsibilities of the City and the State for the maintenance of the Highway 9 Safety Improvements Gap Closure Project within the State’s right-of-way once the improvements are constructed. The City will assume permanent maintenance responsibility for the project improvements.
Fiscal Impact:
The City, under the Maintenance Agreement with Caltrans, will be responsible for the cost of maintenance of the pedestrian improvements. Funding to cover incremental costs associated
with the maintenance agreement are expected to be minimal and will be included in future operating budgets after the improvements are constructed.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Project Specific Maintenance Agreement
Monte Sereno Bike Path Closure Project
04-SCL-9 PM 10.0 -10.7
(tr-04-1-AD07)
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF MONTE SERENO
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Monte Sereno; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Permit1 Number __________ was executed between CITY and STATE on ____________________to construct a Bike/Pedestrian Pathway on State Route (SR) 9, hereinafter referred to as “PROJECT”, and
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Encroachment Permit Number __________, and
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of plan drawings delineating the area where the City will maintain improvements within the State Right of Way as described in this Agreement; Exhibits B consists of Certificate of Insurance.
2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by execution of an amendment in writing to the Agreement.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
Monte Sereno Bike Path Closure Project
04-SCL-9 PM 10.0 -10.7
(tr-04-1-AD07)
2 4. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.
5. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, retaining walls, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.
6. LEGAL RELATIONS AND RESPONSIBILITIES
6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
6.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
6.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
Monte Sereno Bike Path Closure Project
04-SCL-9 PM 10.0 -10.7
(tr-04-1-AD07)
3 7. PREVAILING WAGES:
7.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
7.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
8. INSURANCE -
8.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Bike-Pedestrian Path in Monte Sereno as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of SelfInsurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
8.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
Monte Sereno Bike Path Closure Project
04-SCL-9 PM 10.0 -10.7
(tr-04-1-AD07)
4 9. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
10. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 14 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF MONTE SERENO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Javed Ellahie
Mayor
TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
Steve Leonardis
CITY Manager
By: ___________________________
PARVIZ LASHAI
Acting Deputy District Director
Maintenance District
ATTEST:
By: __________________________
Michelle Radcliffe
CITY Clerk
By: __________________________
Sergio Rudin
CITY Attorney
EXHIBIT A
HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
GAP CLOSURE THROUGH MONTE SERENO
MAINTENANCE AGREEMENT
ÔÑÝßÌ×ÑÒ ÓßÐ
Ý×ÌÇ ÑÚ ÓÑÒÌÛ ÍÛÎÛÒÑ
CITY OF MONTE SERENO
IN SANTA CLARA COUNTY
HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
GAP CLOSURE THROUGH MONTE SERENO SCL 9
10.00/10.721 3
EXHIBIT A-1
HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
GAP CLOSURE THROUGH MONTE SERENO
MAINTENANCE AGREEMENT
12" WHITE (PAVEMENT STRIPING) TO BE MAINTAINED BY THE
CITY OF MONTE SERENO PAVEMENT MARKING TO BE MAINTAINED BY THE CITY OF MONTE SERENO EXHIBIT A-2 Page 43 of 106
HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
GAP CLOSURE THROUGH MONTE SERENO
MAINTENANCE AGREEMENT
TO BE MAINTAINED BY THE
CITY OF MONTE SERENO
12" WHITE (PAVEMENT STRIPING) TO BE MAINTAINED BY THE
CITY OF MONTE SERENO
12" WHITE (PAVEMENT STRIPING) PAVEMENT MARKING TO BE MAINTAINED BY THE CITY OF MONTE SERENO EXHIBIT A-3
EXHIBIT B
California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 62491146
Certificate Holder: California Department of Transportation Attn: Waddah Al-Zireeni
111 Grand Avenue
Oakland, CA 94623
Covered Party: BCJPIA-City of Monte Sereno
Description of
Covered Activity:
As respects the Agreement between the California Department of Transportation and the City of Monte Sereno regarding maintenance of the Highway 9 Safety Improvement Project Gap Closure through Monte Sereno, 04- SCL-9 PM 10.00 -10.72; California Department of Transportation is an additional covered party with regard to any negligent acts or omissions of the State, its officers, officials, employees, and volunteers.
Memorandum of
Coverage Number: CARMA 2021-GL Effective Date: 6/3/2021 Expiration Date: 7/1/2022 Limits: $5,000,000 (per occurrence)
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 6/24/2021
Renewal: Yes Underlying Certificate Issued: Yes
Authorized Representative Signature:
62491146 | CARMA | 21/22 GL $5MM LIMITS | Paul Cross | 6/24/2021 12:52:29 PM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.
Bay Cities Joint Powers Insurance Authority
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 62480935
Certificate Holder: California Department of Transportation Attn: Waddah Al-Zireeni
111 Grand Avenue
Oakland, CA 94623-0660
Covered Party: City of Monte Sereno
Description of
Covered Activity:
As respects the Agreement between the California Department of Transportation and the City of Monte Sereno regarding maintenance of the Highway 9 Safety Improvement Project Gap Closure through Monte Sereno, 04- SCL-9 PM 10.00 -10.72. ; California Department of Transportation is an additional covered party with regard to any negligent acts or omissions of the State, its officers, officials, employees, and volunteers.
Memorandum of
Coverage Number: BCJPIA 2021-22 GL Effective Date: 6/3/2021 Expiration Date: 7/1/2022 Limits: $1,000,000 (per occurrence)
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Memorandum of Coverage of the BCJPIA, which is available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 6/24/2021
Renewal: Yes Excess Certificate Issued: Yes
Authorized Representative Signature:
62480935 | BCJPIA | 21/22 GL $1MM LIMITS | Paul Cross | 6/24/2021 10:09:50 AM (PDT) | Page 1 of 2 This certificate cancels and supersedes ALL previously issued certificates.
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Conduct a Public Hearing on the 2022 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement
Recommendation(s):
Staff recommends the City Council hold a Public Hearing on the 2021 Weed Abatement Program and adopt a resolution overruling Objections and determining to proceed with Weed Abatement. The Public Hearing will be held virtually via the Zoom application.
Background Information:
The City has a weed abatement process set forth in the City’s Municipal Code in Chapter 8.02.
As a first step, the City Council adopts a resolution declaring the existence of as nuisance caused by weeds, brush, dirt and other similar hazards existing on properties within the City (Municipal Code Section 8.02.050). On December 7, 2021, the City Council adopted Resolution No. 21-3834 declaring noxious and dangerous weeds and rubbish, refuse, and dirt to be a Public Nuisance. The resolution identified the problem properties and created a deadline to address problem conditions. Per the Municipal Code, the owners must clean up those problem conditions within 30 days, unless that period is extended by written agreement with the City Engineer/Fire Marshal.
In coordination with the County of Santa Clara, notice was given to the property owners by posting and by mailing on December 15, 2021. After the 30-day period has passed, the City Council is holding a public hearing to consider objections to why the City should not cause abatement to take place on any parcels where the owners have not cleaned up their weeds, brush, dirt, and other hazards.
After the public hearing, the City Council can adopt an order to abate. Under the Municipal Code, City staff or contractors are authorized to enter the properties after the City Council adopts an order to abate and remove the weeds and to assess the costs of abatement as a lien on the property. Liens are imposed after providing the owner with a report of costs that is confirmed by the City Council following another public hearing. The costs of such abatement can then be collected via the tax roll. This process allows the City to undertake uniform code enforcement simultaneously across all problem parcels in the City.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Draft Resolution
Attachment 1 - County 2022 Weed Abatement Letter
Attachment 2 - 2022 Monte Sereno Commencement Report_01.18.22
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO OVERRULING ANY
OBJECTIONS AND DETERMINING TO PROCEED WITH WEED ABATEMENT WHEREAS, the City Council adopted Resolution 21-3834 on December 7, 2021, which by its terms the Council did declare as a public nuisance all weeds, dirt, rubbish, and other hazardous material growing, located or existing upon streets, sidewalks, alleys, or upon certain private property in the City; and
WHEREAS, the City Council fixed Tuesday, January 18, 2022, at the hour of 7:00 p.m. as the time and place for hearing all objections to the proposed destruction or removal of weeds, dirt, rubbish, or other hazardous material and the Fire Marshal did prepare Notices to destroy weeds and remove dirt, rubbish, and other hazardous material, and did, in the time and manner prescribed by Chapter 2 entitled “Weed Abatement” of Title 8 of the Monte Sereno Municipal Code, cause copies of the Notice to be conspicuously posted in three (3) prominent places in the City of Monte Sereno; and
WHEREAS, a virtual Public Hearing to consider any objections was held on January 18, 2022, via Zoom, in accordance with Council Resolution No. 21-3834.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Monte Sereno, as follows:
1. The City Manager or his designee is hereby ordered to abate the nuisance declared by Resolution No. 21-3834 by having weeds, dirt, rubbish, or other material removed pursuant to Chapter 8.02 of Title 8 of the Monte Sereno Municipal Code and, for this purpose, the City Manager or such persons as may be designated by the City Manager may enter upon private property to abate the nuisance. Any property owner may remove weeds, dirt, rubbish, or other hazardous material at his or her own expense prior to the arrival of the City Manager or designee to remove them.
2. Any objections to the proposed removal of weeds, dirt, rubbish, or other hazardous material were presented are hereby overruled, and such determination is final.
The City Manager or his designee shall keep an account of the cost of abatement in front of or on each separate parcel of land where work is done and prepare an itemized written report showing this cost, which shall be subject to confirmation and hearing by the City Council prior to being imposed as an assessment against the parcel, all as more particularly described in Chapter 8.02 of Title 8 of the Monte Sereno Municipal Code.
REGULARLY ADOPTED AND PASSED this 18th day of January 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
BY: Javed I. Ellahie, Mayor
ATTESTED:
_______________________________
Michelle Radcliffe, City Clerk
County of Santa Clara
Consumer and Environmental Protection Agency
Weed Abatement Division
1553 Berger Drive
Building 1
San Jose, CA 95112
(408) 282-3145
Fax (408) 286-2460
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
November 24, 2021
IMPORTANT NOTICE TO ABATE WEEDS
Dear Property Owner:
To protect your property and the surrounding area from possible fire, your jurisdiction (city or County if in unincorporated areas) contracts with the County of Santa Clara to operate a Weed Abatement Program.
You are receiving this notice and information because our staff has determined that your parcel is part of this Program. Please read the information carefully and contact us for clarification or additional information.
Your jurisdiction has or will adopt a resolution declaring your property as one that may contain fire hazards from weeds or other debris. Following this action, your jurisdiction will conduct a public hearing to consider an abatement order which would require you to remove any hazardous vegetation or combustible debris prior to the deadline in the attached abatement schedule. The public hearing will be held on the date and at the place stated in the attached notice and provides an opportunity for you to raise any objections or concerns with this requirement.
If you believe your parcel includes an environmentally sensitive habitat, please check the box and provide additional information on the reply form to assist us in determining the best approach to abating your property.
If, after the public hearing, the Weed Abatement Program is approved for your property, the County is authorized by your city and the California Health and Safety Code sections 14875-14922 to inspect your property to confirm that the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction.
This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. You will be responsible for an annual fee of $91 to cover the cost of this compliance inspection.
If you fail to complete the abatement work prior to our inspection of your property, you will be responsible for an inspection fee of $505 per parcel, and your property will be scheduled for abatement by the County contractor. You will be assessed a County administrative fee of $858 per parcel plus the County’s cost of abatement if the County completes this work. If you complete the abatement work before the County contractor, you will not incur further charges.
The County will use the least costly method of abatement considering the physical characteristics of your property and any other environmental or related concerns. Fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your city or the County if parcel is not in a city at a public hearing?. This hearing would be scheduled in late spring/summer 2021 with the exact date determined by your jurisdiction. Jurisdictions DocuSign Envelope ID: 4595F553-AD7F-4597-9C90-CF5048E5D0B4
post hearing information at a physical location (typically at a city hall building or other government center and most jurisdictions also publish this information on their websites) at least three days prior to the meeting.
You can avoid all costs, other than the annual compliance fee, by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs March Through October. Parcels will be removed from the program after three consecutive years of voluntary compliance (work completed by property owner prior to the deadline and confirmed by our inspection).
In preparation for this program, please complete and return the enclosed Reply Form by January 15, 2021so we are notified of your plans for abating your property.
If you designate in your reply that you intend to abate the weeds yourself, you need to complete the abatement before the deadline listed on the attached abatement schedule and maintain fire safe conditions for the duration of the fire season. Responding that you intend to provide maintenance yourself does not release you from this responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. The County will abate hazardous vegetation as required after the deadline for your jurisdiction at your cost.
Enclosed you will find the following information:
Reply Form specific to your property. Please complete and return by January 15, 2021. Notice to Destroy Weeds informing you of an upcoming public meeting (that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. Your Jurisdiction may offer the ability for you to participate in this meeting virtually; please confirm directly with your jurisdiction. Weed Abatement Program Schedule for your city with current County abatement fees. County of Santa Clara Weed Abatement Brochure.
Please be aware that any abatement performed by the County must comply with all applicable regulations.
If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods used to remove vegetation may be regulated by specific laws or local ordinances.
If you are no longer the owner of the property identified by this mailing, please notify us immediately at (408) 282-3145. If you sell your property after the date of this letter, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be responsible for all hazard abatement charges assessed to the property.
Our goals are voluntary compliance with the Minimum Fire Safety Standards and all properties remain safe from fire. If you have any questions or need on-site advice to help you achieve compliance with the Minimum Fire Standards, please call us at (408) 282-3145.
Sincerely,
Jo Zientek, Director
Consumer and Environmental Protection Agency
DocuSign Envelope ID: 4595F553-AD7F-4597-9C90-CF5048E5D0B4
EXHIBIT A
APN Owner Owner Address City/State Zip Code
14222 CHESTER AV 397-03-032 BANE RANDALL P AND ERIN C 14222 CHESTER AVE SARATOGA CA 95070 15301 ROBIN ANN LN 409-41-026 MEHRANY ANAHITA TRUSTEE & ET AL 15301 ROBIN ANNE LN MONTE SERENO CA 95030-2236 16215 SEABORN CT 410-20-047 SEABORN DEVELOPMENT LLC 219 ALEXANDER AVE LOS GATOS CA 95030-5202 16219 SEABORN CT 410-20-048 SEABORN DEVELOPMENT LLC 219 ALEXANDER AVE LOS GATOS CA 95030-5202 16221 SEABORN CT 410-20-049 SEABORN DEVELOPMENT LLC 219 ALEXANDER AVE LOS GATOS CA 95030-5202 18216 DAVES LN 410-29-013 SINGH SUKHPAL TRUSTEE & ET AL 15960 GREENWOOD RD MONTE SERENO CA 95030-3112 BECKY LN 410-42-013 WONG ALLEN TRUSTEE PO BOX 700005 SAN JOSE CA 95170 15136 VIA LOMITA 410-43-018 KHAN ZULKI TRUSTEE & ET AL 15136 VIA LOMTA MONTE SERENO CA 95030-2138 15890 MATILIJA DR 510-07-038 MILLER RONALD J AND JOAN T TRUSTEE 15890 MATILIJA DR MONTE SERENO CA 95030-3073 16005 GREENWOOD DR 510-10-041 FOUR EIGHTEEN HOLDINGS LLC 20010 ALMADEN RD SAN JOSE CA 95120-3514 18240 BANCROFT AV 510-12-002 MASSIH MALIHEH 17260 NALOR CT LOS GATOS CA 95032 16301 RIDGECREST AV 510-21-036 FARZANFAR SAMAD TRUSTEE & ET AL 14302 CRYSTAL TER RIVERSIDE CA 92508 16363 RIDGECREST AV 510-21-069 SHAKED OFER TRUSTEE & ET AL 339 CORRIE PL ALAMO CA 94507 Situs
2022 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF MONTE SERENO
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consider and Adopt Resolution to Incorporate the Objective Design Standards as an Addendum to the Design Guidelines
Recommendation(s):
Staff recommends the City Council adopt a resolution to add the Objective Design Standards as an addendum to the Design Guidelines.
Background Information:
Site and Architectural Commission Recommendation
At the November 3, 2021 Site and Architectural Commission meeting, the Commission discussed the Objective Design Standards and how they relate to the SB-9 legislation. The process was discussed, but no comments or direction on the actual Objective Design Standards was provided.
The Site and Architectural Commission reviewed the proposed Objective Design Standards at a special meeting on December 8, 2021. After hearing public comments and discussing the recommendations, the Site and Architectural Commission recommended revisions for subsequent review. At their January 5, 2022 meeting, the Site and Architectural Commission recommended that the City Council adopt a resolution to add the Objective Design Standards as an addendum to the City’s Design Guidelines with the following modifications:
1. Modify Standard B.2.2 to allow chain link fencing at Sport Courts;
2. Modify Standard B1.2 to require replacement trees to be a minimum 24-inch box size; and
3. Allow the Site and Architectural Commission to waive Objective Design Standards for projects that have discretionary review or, if this is not legally allowed, modify the Purpose Statement so that the Objective Design Standards are only applicable to ministerially reviewed projects; Staff have incorporated the revisions, and in response to the last recommendation, recommend that Council apply the Objective Design Standards to ministerially reviewed projects.
In addition to adopting the Objective Design Standards, the Commission recommended that in six months, staff should provide an update to the Site and Architectural Commission and City Council on Objective Design Standards implementation and recommend any necessary changes, and also that
staff provide a monthly report to the Site and Architectural Commission regarding SB-9 and ADU projects received.
Background Information
A summary of the items that were discussed at the December 8, 2021 and the January 5, 2022 Site and Architectural Commission meetings and how the item has been addressed in the attached draft Objective Design Standards is included in the first attachment to this staff report (Summary of Site and Architectural Commission Discussion and Proposed Revisions).
Project
In March 2021, the city was awarded $160,000 in grant funding from the California Department of Housing and Community Development. The majority of grant was designated for the development of objective design standards. Also, in March 2021 the city contracted with Metropolitan Planning Group (M-Group) to develop objective designs standards for the city.
Objective Design Standards
Several state laws require local jurisdiction to review certain type of housing proposals based partially or solely on objective standards. In various places, state law defines objective standards as those that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal. (California Government Code, sections 65913.4 [SB35], 66300 [Housing Crisis Act, SB330], 65589.5 [Housing Accountability Act].)
The City has many objective development standards in the Municipal Code as part of the zoning district regulations such as the maximum square footage allowed for housing units, setbacks, building height, structural coverage, impervious coverage, etc. The proposed Objective Design Standards will replace the subjective Design Guidelines for projects that where State law only allows for ministerial review with objective standards such as certain types of ADUs and other projects submitted under the State laws described below.
SB 35
In 2017, the State enacted SB 35, which is codified in California Government Code Section 65913.4. This legislation requires a streamlined, ministerial approval process for qualifying multiple-unit and mixed-use development, provided such projects were consistent with any objective standards of the local jurisdiction. In order for a proposed development to qualify for this streamlined, objective review, the project must satisfy an extensive list of criteria, such as affordability levels, labor standards, and conformance with objective General Plan and zoning standards.
SB 330
SB 330, the Housing Crisis Act of 2019, amended the Housing Accountability Act to limit the ability of local jurisdictions to deny any “housing development project” and prohibited jurisdictions from requiring more than five public hearings for such projects if they comply with objective standards. A local agency cannot deny a project that complies with all applicable objective general plan, zoning, subdivision, and design standards unless it determines that there is a “specific, adverse impact upon the public health or safety” which further requires determining that there is “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” SB 330 also prohibits the adoption or enforcement of new design standards after January 1, 2020 that do not qualify as “objective” standards.
SB 9
SB 9 was signed into law on September 16, 2021 and was effective January 1, 2022. This legislation includes two main parts: allows two dwelling units on a single-family lot (in addition to an ADU and a JADU) and it allows a one-time subdivision of single-family lots into two parcels (each lot may be limited to two dwelling units, which may preclude ADUs or JADUs).
The SB 9 legislation also mandates that projects subject to these regulations be reviewed ministerially (without a public hearing) and that only objective standards can be used to review these projects.
Analysis:
The Objective Design Standards are proposed as a supplement to the existing Design Guidelines. The Objective Design Standards will be the sole design standards for projects where State law prohibits the use of subjective design guidelines. The objective development standards of the Municipal Code will also be applied to projects as applicable. These objective development standards include maximum building size, maximum building height, setbacks, maximum structural coverage, maximum impervious coverage, minimum distance between buildings, and required parking spaces.
Development projects will also still be required to comply with requirements of the California Building Code and the California Fire Code for standards for earthquake and fire safety (access, sprinklers, Wildland-Urban Interface standards for exterior materials, etc.). Projects in Very High Fire Hazard Severity Zone are also subject to additional development requirements and restrictions as a result of regulations promulgated by CAL FIRE, including defensible space and access road requirements.
As these Objective Design Standards are focused on the site design and building design to address issues of privacy, landscaping, scale, quality of materials, and architectural elements to ensure a project design maintains the character of Monte Sereno.
Community Engagement
Following is a summary of the community engagement efforts completed for this project:
• Community Forum. A community forum was held on June 23, 2021 to provide the community an opportunity to learn about this project and provide feedback. • Web Site. A project web site has been on-line since June 2021 providing background information on this project and allowing for community feedback and comments. • Joint Special Meeting with the City Council and Site and Architectural Commission. A joint meeting was held on October 19, 2021 with the City Council and the Site and Architectural Commission to review the working draft of the objective design standards. Several of the comments received at that meeting were beyond the scope of this project and would be separate studies as directed by Council (i.e. construction impacts, wildfire evacuation routes, reduction of greenhouse gases, sustainability). Comments received regarding outdoor spaces, encouraging native trees, and driveway/building materials have been addressed in the proposed Objective Design Standards.
• Site and Architectural Commission Meeting November 3, 2021. At the request of a Commissioner, a discussion item was placed on the November 3, 2021 meeting to discuss the Objective Design Standards and how they relate to the SB-9 legislation. • Site and Architectural Commission Meeting December 8, 2021. A special meeting was held on December 8, 2021 to review the Objective Design Standards and receive public comment on the draft document. The Commissioners discussed the proposed Standards in detail and provide direction on several modifications. • City Council Meeting December 21, 2021. The City Council continued this item until the Site and Architectural Commission approves the Objective Design Standards. The Council did suggest consideration a 60-degree angle to be applied to the R-1-8 zoning district for item C.1.3 regarding the upper floor setback. While this Standard was removed from the draft document as recommended by the Site and Architectural Commission, diagrams are provided in an attachment to this staff report (Diagrams of Angles for Second Floor Step Back) to illustrate how the previously discussed angles would impact the allowable second floor of a narrow lot in the R-1-8 zoning district. • Site and Architectural Commission Meeting January 5, 2022. The Site and Architectural Commission recommended that the City Council adopt the resolution to incorporate the Objective Design Standards as an addendum with modifications.
Public Noticing:
Notification of this meeting was made through the city’s social media channels (Facebook, Instagram), on the city’s web site, and email were sent to a list of interested community members.
Attachments:
1. Resolution
2. Addendum to City of Monte Sereno Design Guidelines - Objective Design Standards
3. Summary of Site and Architectural Commission Discussion and Proposed Revisions
4. Diagrams of Angles for Second Floor Step Back
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AMENDING THE CITY OF MONTE SERENO DESIGN GUIDELINES
WHEREAS, the City of Monte Sereno adopted Design Guidelines to provide guidance for residential development within the City on February 3, 2009; and WHEREAS, the City of Monte Sereno adopted amendments to the design guidelines to provide guidance for multi-family residential development with the City on August 6, 2013; and
WHEREAS, the City’s Housing Element and state law require that the City provide for a variety of housing types with the City; and WHEREAS, various provisions of state law restricts the application of subjective design guidelines for certain types of residential development; and WHEREAS, to ensure that any new housing developed in the City is compatible with existing development and consistent with the architectural standards of the City, the City desires to amend the design guidelines to include objective design standards for ministerially approved projects.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby adopts the Addendum to the City of Monte Sereno Design Guidelines, set forth as Exhibit A, setting forth objective design standards for ministerially approved projects.
REGULARLY APPROVED this ___ day of ________, 2022 by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
BY: Javed I. Ellahie, Mayor
ATTEST:
______________________________
Michelle Estabillo, City Clerk
Exhibit A: Addendum to City of Monte Sereno Design Guidelines - Objective Design Standards
1 City of Monte Sereno
CITY OF MONTE SERENO
REVISED PUBLIC REVIEW DRAFT OBJECTIVE DESIGN STANDARDS
January 12, 2022
Purpose
The purpose of the Objective Design Standards is to provide property owners and developers with a clear understanding of the City’s design requirements for development.
Objective design standards, as set forth in this addendum to the Design Guidelines, apply to building design for all proposed residential development subject solely to ministerial review, specifically projects submitted under Monte Sereno Municipal Code section 10.05.080 and Government Code section 65852.21; Monte Sereno Municipal Code chapter 13.06 and Section 66411.7 of the Government Code; project subject to streamlined, ministerial review under Government Code section 65913.4, and accessory dwelling unit (ADU) projects submitted under Monte Sereno Municipal Code section 10.06.140, except those subject to mandatory approval under Government Code Section 65852.2(e). All proposed projects must also comply with all applicable development requirements in the Municipal Code, including but not limited to building permit requirements, zoning code requirements, grading permit requirements, and development standards such as height and setbacks.
A. Definitions
Articulation - The fragmentation of a building’s form and facade treatment with architectural features, such as changes in materials, patterns, and building mass projections, to prevent monotonous or blank facades.
Corbel - An architectural component that projects from a wall to support an architectural structure or feature above it.
Mullion - A vertical bar between the panes of glass in a window.
Muntin - A bar or rigid separating strip between adjacent panes of glass.
Outdoor Open Area - An area within a parcel designed and intended for the use of all residents of the development.
Private Outdoor Open Area – A ground-floor area or upper-floor balcony that is accessible to an individual dwelling unit.
Retaining Wall - Any fence or wall built or designed to retain soil or other materials.
Vision Triangle - An area of unobstructed vision at street intersections and driveway access points from streets.
Objective Design Standards Revised Public Review Draft 1.12.2022 2 City of Monte Sereno
B. Site Design
1. Landscaping
1.1. To facilitate privacy, projects shall have a minimum of 1 tree per 300 square feet in the side and rear setbacks that abut a residential use.
1.2. On parcels for which sports courts (Municipal Code 10.18), pools, decks, or balconies are constructed, trees, landscape screening, or trellises shall be located between the feature(s) and the adjoining parcel. Landscape screening shall be a minimum 24 inch box size when planted. A trellis or other constructed screening shall be a minimum of 6 feet in height.
1.3. Any multi-family residential development shall provide a minimum of 500 square feet of outdoor open area for each unit, including a minimum of 50 square feet of private outdoor open area that is accessible only to each individual unit.
1.4. A maximum of one ground floor private outdoor open area is allowed in the front yard.
1.5. Projects with more than 4 units shall provide outdoor open areas, including private area(s) accessible to each unit and shared areas that are accessible to multiple units within the development. A minimum of 10 percent of the developable area of the parcel shall be used as outdoor open area that is accessible to all residents of the project and not for the use of vehicle parking. All ground floor private areas shall be delineated by one or more of the solutions contained in B.1.3.
1.6. Landscape material shall be planted along the street-facing side of any fence over three feet high located in the front setback.
2. Fencing and Walls
2.1. Fencing shall be made of non-reflective materials or painted surfaces.
2.2. Chain link, barbed, and razor wire fences are prohibited; chain link material is not prohibited when used specifically as enclosure fencing for sports courts.
Objective Design Standards Revised Public Review Draft 1.12.2022 3 City of Monte Sereno
3. Other Site Features
3.1. Driveway visibility. All driveways that intersect with a public right-of-way shall maintain a vision triangle delineated by sides of 10 feet along the right-of-way and 10 feet perpendicular to the right-of-way measured from the edges of the driveway.
Within this vision triangle, structures, landscaping, and other obstructions shall have a maximum height of 3 feet. Trees are permitted within the vision triangle provided their canopy maintains a clearance of 6 feet above ground level.
Objective Design Standards Revised Public Review Draft 1.12.2022 4 City of Monte Sereno
3.2. Driveway materials. A minimum of 15 percent of the paved areas of driveways and walkways shall be made of brick, pavers, stone, decomposed granite, or turf block.
3.3. Creek setback. Any proposed construction, alteration or grading within 50 feet from the top of bank of any watercourse (as defined in Municipal Code 10.21.050) or creek shall comply with Santa Clara Valley Water District Design Guidelines.
C. Building Design
1. Height and Scale
1.1. Structures on parcels with a slope, as slope is defined in Municipal Code 13.01.040, greater than 10 percent shall not cantilever more than 20 feet away from the natural slope.
1.2. Two-story building walls that face a public right-of-way or publicly accessible easement shall implement a minimum of 3 of the following components:
a. When the upper floor façade length exceeds 75 percent of the ground floor façade length, a minimum of 40 percent of the upper floor façade length shall be set back from the ground-floor facade by at least 6 feet.
Objective Design Standards Revised Public Review Draft 1.12.2022 5 City of Monte Sereno
b. Changes in the wall plane with a minimum change in depth of 2 feet at intervals of no more than 30 feet.
c. Provide a bay window that protrudes from the building façade a minimum of 2 feet on either the ground floor or upper floor.
d. Provide a balcony on the upper floor; buildings with more than one unit on the upper floor shall provide one balcony per dwelling unit. e. Provide a ground-floor porch that extends a minimum of 8 feet from the façade for a width of 12 feet or greater.
2. Architectural Elements
2.1. Street-facing facades of new buildings or additions greater than 1,200 square feet shall have no more than 25 feet in a horizontal direction without an articulation.
Buildings shall utilize any combination of the following components to achieve a minimum of 15 points:
a. Porch that extends a minimum of 8 feet from the façade for a width of 12 feet or greater – 8 points
b. A recess in the façade plane of at least 2 feet for a minimum of 5 feet and for the full height of the façade – 6 points
c. A column or pilaster that protrudes from the façade a minimum of 8 inches for the full height of the facade – 6 points
d. One-story front entry that is a maximum of 12 feet high, and is recessed at least 3 feet – 5 points
e. Hip roofs with overhangs that are at least 18 inches deep – 5 points f. A bay window or similar pop-out from the building façade that protrudes a minimum of two feet from the building façade – 3 points g. Juliet balcony that protrudes a minimum of two feet from the building façade – 3 points
h. Change in building material or façade color – 3 points
2.2. A porch associated with the primary entrance and constructed outside the primary building mass shall be a minimum of 50 square feet and covered by a roof.
2.3. Stairways to upper-level primary entries shall be incorporated within the building envelope.
Objective Design Standards Revised Public Review Draft 1.12.2022 6 City of Monte Sereno
2.4. Vinyl window frames, mullions, and muntins are prohibited.
2.5. For building walls within 15 feet of the side or rear parcel line, upper-level windows that face onto or overlook an adjoining residential property shall maintain a bottom windowsill height of no less than 42 inches above finish floor.
Objective Design Standards Revised Public Review Draft 1.12.2022 7 City of Monte Sereno
2.6. For any new building within 20 feet of an existing residential building, the centerline of the proposed upper-floor windows, balconies, and decks shall be offset from the centerlines of the existing building’s upper-floor windows, balconies, and decks by no less than 8 feet. Any window with a minimum sill height of 60 inches above the finished floor is exempt from this standard.
2.7. Balconies and decks located above the ground floor shall not encroach into the parcel setback.
2.8. Chimneys shall incorporate materials and colors that are utilized by the primary structure.
2.9. Rooftop mounted mechanical equipment shall be hidden from view from the public right-of-way by placing equipment in an enclosure or behind a pitched roof or parapet. Rooftop solar energy collection panels are not required to be hidden from public view.
2.10. Mechanical equipment located on the ground plane shall be hidden from view from the public right-of-way by placing equipment in an enclosure or behind opaque screening no less than the height of the equipment.
Objective Design Standards Revised Public Review Draft 1.12.2022 8 City of Monte Sereno
2.11. Accent elements a maximum of 12 feet in height shall be used to demarcate building entrances by using at least one of the following:
a. Awning
b. Canopy
c. Overhang
d. Trellises
e. Arches
f. Porch
g. Columns
h. Moldings
3. Materials
3.1. The exterior of the building shall include at least two of the following materials. Any one material must comprise at least 20 percent of the total material on each building facade.
a. Wood
b. Wood Composite
c. Stone
d. Slate
e. Cor-ten steel
f. Zinc
g. Stucco
h. Wrought iron
3.2. Corbels, brackets, and any other architectural elements that protrude from a façade to support a roof or eave shall incorporate materials and colors that are utilized by the primary structure. Plastic or vinyl materials are prohibited.
Objective Design Standard Revisions
Based on Comments from December 8, 2021 and January 5, 2022 Site and Architectural Commission Meetings
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard B.1
Landscape Standards
Direction was provided to include
landscape screening requirements for
second floor decks or balconies.
This concern is addressed in standard
B.1.2, which requires landscape
screening for decks and balconies.
B.1.2
On parcels for which sport courts
(Municipal Code 10.18), pools, decks, or
balconies are constructed, trees,
landscape screening, or trellises shall be
located between the feature(s) and the
adjoining parcel. Landscape screening
shall be a minimum 24 inch box size
when planted. A trellis or other
constructed screening shall be a
minimum of 6 feet in height.
B.1.2
On parcels for which sport courts
(Municipal Code 10.18), pools, decks, or
balconies are constructed, trees,
landscape screening, or trellises shall be
located between the feature(s) and the
adjoining parcel. Landscape screening
and trellises shall be a minimum of 6 feet
in height.
A suggestion was made to specify that
the landscape height should be specified
as at maturity or at time of planting.
Specifying a standard height at maturity
would be difficult to enforce as it would be
several years before the planted
landscape reaches maturity. This
standard has been modified to specify
landscape screening shall include a
minimum tree size at the time of planting.
B.1.2
On parcels for which sport courts
(Municipal Code 10.18), pools, decks, or
balconies are constructed, trees,
landscape screening, or trellises shall be
located between the feature(s) and the
adjoining parcel. Landscape screening
shall be a minimum 24 inch box size
when planted. A trellis or other
constructed screening shall be a
minimum of 6 feet in height.
B.1.3
Ground floor outdoor spaces, such as
yards, decks, terraces, and patios, shall
be delineated from the right-of-way and
It was noted that flower beds, fencing,
and low walls should be removed from
this standard.
B.1.2
On parcels for which sport courts
(Municipal Code 10.18), pools, decks, or
balconies are constructed, trees,
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard adjacent properties by incorporating at
least one the following landscape
elements:
a. Hedges
b. Flowerbeds
c. Shrubs
d. A fence or low wall
This standard has been incorporated into
the revised standard B.1.2 regarding
landscape screening.
landscape screening, or trellises shall be
located between the feature(s) and the
adjoining parcel. Landscape screening
shall be a minimum 24 inch box size
when planted. A trellis or other
constructed screening shall be a
minimum of 6 feet in height.
B.1.4
Outdoor open areas are required for all
residential development and will include a
private area accessible to each unit. All
ground floor private areas shall be
delineated by one or more of the
solutions contained in B.1.3.
It was suggested that this standard be reworded for clarity and to specify the outdoor area shall not be in the front yard.
This standard has been updated to
require a minimum of 500 square feet of
outdoor area be provided for each
dwelling unit, with a minimum of 50
square feet being private and accessible
only to the individual unit. The remaining
required outdoor area could be provided
through common area intended for use by
all residents of a development.
Additionally, clarification has been added
that this standard applies to multi-family
residential projects, as the rear yard of
single-family lots would already meet
such requirement.
B.1.3
Any multi-family residential development
shall provide a minimum of 500 square
feet of outdoor open area for each unit,
including a minimum of 50 square feet of
private outdoor open area that is
accessible only to each individual unit.
B.1.4
A maximum of one ground floor private
outdoor area is allowed in the front yard.
B.2.1
2.1. Fencing shall be made of nonreflective materials or painted surfaces.
It was discussed that this standard can be
re-worded to clarify white picket fences
are allowed (i.e. white may be considered
reflective).
The current wording is that fencing
material be either non-reflective or
B.2.1
2.1. Fencing shall be made of nonreflective materials or painted surfaces.
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard painted. A white picket fence would be
allowed as it would be painted, which is
permitted by the standard. Staff is not
recommending changes to this standard.
B.2.2
Automobile gates and pedestrian entry
gates shall incorporate the materials and
colors utilized by the primary residential
structure.
Discussion was that this standard is too
limiting as many fencing materials are not
necessarily part of the house material (i.e.
wrought iron). Revisions to the standard
should be made to instead specify what
materials are prohibited for fencing.
This standard has been updated to
prohibit the use of chain link fencing,
razor wire, and barbed wire for fencing
and gate materials rather than to specify
allowed materials.
B.2.2
2.2 Chain link, barbed, and razor wire
fences are prohibited; chain link material is
not prohibited when used specifically as
enclosure fencing for sports courts.
C.1.2a
Review the Stepback of the Upper
Façade
A public comment was received regarding
the requirement for the upper floor façade
to step back from the first-floor façade.
This standard has been revised so that it
applies to buildings where the length of
the upper floor façade exceeds 75% of
the ground floor façade.
C.1.2a
When the upper floor façade length
exceeds 75 percent of the ground floor
façade length, a minimum of 40 percent
of the upper floor façade length shall be
set back from the ground-floor facade by
at least 6 feet.
C.1.3
A two-story building developed adjacent
to a single-story building shall step back
the upper story of the building so as not
to conflict with a 45-degree upper story
setback plane measured from the
property line at the ground plane.
Concern was expressed that the standard
is too restrictive and would be a hardship
on narrower lots in the R-1-8 zoning
district.
Attached to this report are diagrams
showing the effect of a 45-degree angle
N/A
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard from grade, a 45-degree angle from 10
feet above grade, as well as a 60-degree
angle from grade for a narrow R-1-8 lot
(62-foot-wide lot).
As noted by the Commission at the
previous meeting, the 45-degree angle
from grade would significantly reduce the
allowed width of the second floor,
resulting in about half the width from what
is currently allowed in the R-1-8 zoning
district.
The 45-degree angle placed at 10 feet
above grade has very minimal effect on
what is currently allowed for the secondfloor height in the R-1-8 zoning district.
The 60-degree angle from grade also has
a very minimal effect on the second-floor
building envelope.
Staff is recommending this standard be
eliminated as the current Municipal Code
development standards for setbacks and
building height, along with the Objective
Design Standards addressing privacy
(landscape requirements, off-setting of
windows) adequately address this issue.
Additionally, this standard was originally
developed considering the possibility of
two-story SB-9 projects with a four-foot
side and rear yard setback. However, the
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard Council restricted SB-9 units to one-story
in height when the zoning code setbacks
are not met, thereby making this concern
a non-issue.
C.2.4
Window frames, mullions, and muntins
shall be constructed of wood, steel, or
aluminum-clad wood.
It was discussed that the permitted
materials are very limiting, and
manufacturers may develop new
materials which are not included in the
list. Rather than list permitted materials,
the standards should be changed to state
material prohibited (i.e. vinyl).
This standard has been updated to
prohibit the use of vinyl windows rather
than specify allowed materials.
C.2.4
Vinyl window frames, mullions, and
muntins are prohibited.
C.2.6
For any new building within 20 feet of an
existing residential building, the centerline
of the proposed upper-floor windows,
balconies, and decks shall be offset from
the centerlines of the existing building’s
windows, balconies, and decks by no less
than 8 feet.
Discussion included concerns that this
standard is too restrictive and would be a
hardship on narrower lots in the R-1-8
zoning district. Also, a suggestion to
exempt clerestory windows was made.
Staff is recommending this standard be
modified to exempt windows with a sill
height of 60 inches or higher.
C.2.6
For any new building within 20 feet of an
existing residential building, the centerline
of the proposed upper-floor windows,
balconies, and decks shall be offset from
the centerlines of the existing building’s
upper-floor windows, balconies, and
decks by no less than 8 feet. Any window
with a minimum sill height of 60 inches
above the finished floor is exempt from
this standard.
C.3.1
The exterior of the building shall include
at least two of the following materials:
a. Wood
b. Stone
It was discussed that a minimum
area/amount of each material shall be
included in the standard to ensure
required materials are used so minimally
C.3.1
The exterior of the building shall include
at least two of the following materials.
Any one material must comprise at least
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard c. Slate
d. Cor-ten steel
e. Zinc
f. Stucco
g. Wrought iron
as to not contribute to the quality of the
design.
This standard has been updated to
specify that any one material shall be a
minimum of 20 percent of the exterior
façade area. Also, wood composite was
included to account for various siding
materials.
20 percent of the total material on each
building facade.
a. Wood
b. Wood Composite
c. Stone
d. Slate
e. Cor-ten steel
f. Zinc
g. Stucco
h. Wrought iron
Zoning District Specific Requirements It was suggested that some standards may be applicable in certain zoning
districts/lot sizes.
In reviewing the proposed standards, staff
does is not recommend certain standards
be applied to specific zoning districts. As
the standards for Building Design section
related to privacy may be applicable in
any zoning district as existing nonconforming structures. Additionally, where possible, the Building Design standards
are written as proportional to a building,
which would be applicable to various
sized houses in different zoning districts.
Further, the standard numbered C.1.3
(45-degree angle from property line for
second floor building envelope), which
was the main point of concern, is
proposed to be eliminated.
N/A
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard New Standard for Address Glare from
Solar Panels
A suggestion was made to further
research what standards could be
adopted that would address potential
glare from solar panels.
M-Group has completed extensive
research on the possibility of developing
an objective standard to address potential
glare from solar panels and has not been
able to find any examples. Difficulties in
developing such a standard include the
lack of an industry standard for
measurement for this type of glare,
determining the acceptable time limit for
glare, measuring/predicting where glare
will occur, as well as State requirements
in the Solar Rights Act, the California
Building Standards Code, and various
state laws mandating nondiscretionary
permitting and approval of small
residential solar systems. As staff was not
able to develop and objective standard
address potential glare from roof-top solar
systems, no standard is recommended.
N/A
Purpose Statement
The purpose of the Objective Design
Standards is to provide property owners
and developers with a clear
understanding of the City’s design
requirements for development. Objective
design standards regulate site and
building design. Proposed projects must
also comply with all applicable
As part of the Site and Architectural
Commission’s recommendation, the
Purpose Statement should be clarified
that the Objective Design Standards only
apply to projects where discretionary
review is not allowed in accordance with
various State laws.
Purpose Statement
The purpose of the Objective Design
Standards is to provide property owners
and developers with a clear understanding
of the City’s design requirements for
development. Objective design standards,
as set forth in this addendum to the Design
Guidelines, apply to building design for all
proposed residential development subject
Previous Objective Design
Standard
Discussion and How Addressed Revised Objective Design Standard development requirements in the
Municipal Code, including but not limited
to building permit requirements, zoning
code requirements, grading permit
requirements, design guidelines, and
development standards such as height
and setbacks.
The Purpose Statement has been
updated based on this recommendation.
solely to ministerial review, specifically
projects submitted under Monte Sereno
Municipal Code section 10.05.080 and
Government Code section 65852.21;
Monte Sereno Municipal Code chapter
13.06 and Section 66411.7 of the
Government Code; project subject to
streamlined, ministerial review under
Government Code section 65913.4, and
accessory dwelling unit (ADU) projects
submitted under Monte Sereno Municipal
Code section 10.06.140, except those
subject to mandatory approval under
Government Code Section 65852.2(e). All
proposed projects must also comply with
all applicable development requirements
in the Municipal Code, including but not
limited to building permit requirements,
zoning code requirements, grading permit
requirements, and development standards
such as height and setbacks.
R1-8V.2.
Lot Width: 62 Feet ZONING DISTRICT STANDARDSI-0t Depth? 120 Feet Front Setback: Rear Setback:Lot Square Footage: 7,440 Sq. Ft. 25 feet 30 feet 30 feet (Second—story) 30 feet (Second—story)
l.___ 45 Degree Plane t‘!_I_ f‘_A_I___I__ I DICIE DEIIDEICKZ |:SU||(]|ng |'|e|g|"lIZ (".'I\IF\ll’\II:lI'VliP\I1'\
— — — -1 Meas?red From Property Line
‘-I‘ ICCL \.)II I5IC'Dl.UI _yIJUIIUII I5)
I\I I\.a\.aI. \—J\.—\..\JI I\.A _JL\JI‘yI LI I\.v\-vL ‘I VVKI _JL\lI] LIL] k?lllbl
R1-8V.2.+10
Lot Width: 62 Feet ZONING DISTRICT STANDARDSI-0t Depth? 120 Feet Front Setback: Rear Setback:Lot Square Footage: 7,440 Sq. Ft. 25 feet 30 feet 30 feet (Second—story) 30 feet (Second—story)
l.___ 45 Degree Plane Measured 10 Feet t‘!_I_ f‘_A_I___I__ I DICIE DEIIDEICKZ |:SU||(]|ng |'|e|g|"lIZ (".'I\IF\ll’\II:lI'VliP\I1'\
— — — -1 Above—Property Line
‘-I‘ ICCL \.)II I5IC'Dl.UI _yIJUIIUII I5)
I\I I\.a\.aI. \—J\.—\..\JI I\.A _JL\JI‘yI LI I\.v\-vL ‘I VVKI _JL\lI] LIL] k?lllbl
R1-8v.3.
Lot Width: 62 Feet ZONING DISTRICT STANDARDS
L°t Depth: 120 Feet Front Setback: Rear Setback:
Lot Square Footage: 7,440 Sq. Ft. 25 feet 30 feet
30 feet (Second—story) 30 feet (Second—story)
r
— — — D PI ' 60 egree ane
| . Side Setback: Building Height:
— — — J Measured Fmm Property Lme
6 feet 14 feet (Sing|e—storybuilding)
10 feet (Second—story) 21 feet (Two—storybuilding)
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consider and Adopt a Resolution Authorizing the City Manager to Execute a Mills Act Contract for the property at 17985 Saratoga-Los Gatos Road
Recommendation(s):
Staff recommends the City Council adopt a resolution to execute a Mills Act Contract for the property at 17985 Saratoga-Los Gatos Road.
Background Information:
A Mills Act Contract (authorized under California Government Code Section 50280) is an agreement between the City of Monte Sereno and the property owner(s) of a city designated historical property. Such agreement provides the property owner with a reduction in property tax rate in return for an agreement to maintain and/or restore the historical property to retain its characteristics as property of historical significance.
Under the terms of these agreements, the property owners are typically required to:
(1) restore or rehabilitate the historic property, if necessary; (2) agree to maintain its historic character; and
(3) use it in a manner compatible with its historic characteristics.
All restoration or rehabilitation work performed must conform to the rules and regulations of the State Office of Historic Preservation (OHP), including compliance with the Secretary of Interior’s Standards and the State Historic Building Code.
A Mills Act Contract is for a period of ten years and is automatically renewed each year, unless either party elects not to renew.
To end the contract, either party may submit a Notice of Non-Renewal which will terminate the contract at the end of the ten-year period. Cancellation of the contract by the City due to noncompliance requires a public hearing and will result in the immediate termination of the contract and a penalty equal to 12.5% of the assessed market value of the property.
Analysis:
The property at 17985 Saratoga-Los Gatos Road was placed on the City’s Historical Inventory at the April 20, 1999 City Council meeting Attached is the historical analysis report that was prepared at that time. The house is a Queen Anne Victorian built during the latter part of the nineteenth century.
The property owner has submitted a Restoration Plan indicating the improvements, repairs, and maintenance to be completed over the 10 period of the Mills Act contact. These items include window replacement, restoration of exterior materials, and structural upgrades over the basement. This Restoration Plan is included in the draft Mills Act Contact attached to this report.
California Environmental Quality Act:
This application for a Mills Act Contract is exempt pursuant to CEQA Guidelines section 15331 (Historic Resource Restoration/Rehabilitation).
Fiscal Impact:
The Santa Clara County Assessor’s Office determines the revised property assessment after a Mills Act is approved and recorded. While the exact fiscal impact cannot be determined at this time, it can be estimated that the fiscal impact to the city will be minimal. The City receives annually approximately $800 for a property assessed at $1,075,455. The Santa Clara County Assessor’s Office estimates that the reduction in taxes would be between 20% and 40% for this Mills Act Contract.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appears on the City’s website.
Attachments:
Historic Analysis of the Property from 1999
Mills Act Contract Resolution
Mills Act Contract
The Peth House
17985 Saratoga—Los Gatos Road
The house sits on property that was A Part Of The Ranch Of Kate A. Houghton, Being A Part Of The Rancho Rinconada De Los Gatos.
This house is a wonderful example of a typical Queen Anne Victorian built during the latter part of the nineteenth century in California. it stands today much as it looked when it was built in 1888.The interior in the original part of the house is still intact. Its doors, windows, moldings, staircase and siding are all original. The house is built totally of old growth redwood from the Santa Cruz Mountains. This alone makes the homes built in this area special. This house offers us a look at the history, craftsmanship, beauty, and building style of that time period.
Also on the property is a carriage house now being used as a garage, it has been carefully restored. The house was remodeled in 1998, adding a family room, bedroom and two bathrooms. The addition was made in such a way as not to alter the original home.
ThePeth Family is lovingly living in this historic house. They are devoted to maintaining with great pride its charm, character, and beauty so that future generations can enjoy this special home.
A Victorian building is a unique linkbinding our past to our future. it is part of our American architectural heritage. As these buildings get older, the more important they become. That is why we must recognize and save as many as possible.
The Queen Anne Style
Itwas the dominant building style for homes during the period from 1880 — 1900; Californiaand parts of the southeast have some of the best examples.
The Peth House fits into the VictorianQueen Anne style. Some of the features of this house that makes it a Queen Anne are illustratedbelow. slrzply piuhzd
I/v"* mnfuf irlrgullr
shnpc, unnlly
“am dnmimnt
fmnbfzciug gm:
mainor run.
tutulcrl xhmgks
Widthuymmeuiczl
(Ind/or mm
porchmsuallynn<-
—— Jevircx) uxtd Io
story high we \
avoid smoothextendedalong
wzllvd:ppe..m5
one in mm
sid: wnlls
.;_v..,....mmrnaég
There are many similarities between the Peth house pictured below and the illustration on the previous page.
o Steeply pitched roof line with dominant front facing gable o Wrap around porch extending along two side walls.
o Gables are decorated with patterned shingles usually found on spindlework Victorians.
- Fancy corbels at the corners of the turned posts on the porch. o Patterned style porch railing also found on the tank house when itwas still on the property.
Most Victorians had Balloon Frame Construction, as does the Peth House
Anatomy of a Balloon Frame
common rafters
end joist
full-length
stud
Ԥ%
n¢:f':
:.4:¢
«£2? \ // \'\<f/
\
first-floor 4
joists
corner masonry foundation
(4x4)
post
The double-hung sash window easily stayed open or closed because of cast iron weights built into the frames. Window panes subdivided into small panes were not common. Large sheets of glass were now affordable for the first time. The sturdiness and simplicityof the double hung sash window was one of the innovations of the Victorian era.
Three beautiful stained glass windows
Uniquely styled staircase with medallions of sunflowers carved in its trim work. The Victorians used sunflowers extensively in their decoration.
Restored, original carriage house
(Refer to the old picture)
1 RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING EXECUTION OF A MILLS ACT CONTRACT FOR THE PROPERTY LOCATED AT 17985 SARATOGA-LOS GATOS ROAD (APN 410-17-023) WHEREAS, the City of Monte Sereno City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and
WHEREAS, the City of Monte Sereno City Council has chosen to participate and support the Mills Act Property Tax Abatement Program in accordance with California Constitution, Article XIII, section 8, California Government Code sections 50280-50290, and California Revenue and Taxation Code sections 439-439.4; and WHEREAS, the City Council had designated the property at 17985 Saratoga-Los Gatos Road a historic resource on April 20, 1999 and therefore the preservation of the property as a historic resource is of utmost importance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Monte Sereno that it authorizes the City Manager to enter into a Mills Act agreement for the property located at 17985 Saratoga-Los Gatos Road, in a form approved by the City Attorney, and to take other actions as needed in connection with the property’s participation in the Mills Act program.
BE IT FURTHER RESOLVED, that the City Clerk is authorized to cause the Mills Act contract to be recorded with the Santa Clara County Recorder.
The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the __ day of January 2022 by the following vote:
REGULARLY APPROVED this ___ day of ________, 2022 by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
BY: Javed I. Ellahie, Mayor
ATTEST:
2 ______________________________
Michelle Radcliff, City Clerk
Exhibit A: Mills Act Historic Property Preservation Agreement
OAK #4888-9100-9800 v1
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this 18th day of January 2022, ("Effective Date"), by and between, Gerald and JoAnne Peth ("OWNERS"), owners of certain real property located in the County of Santa Clara, and the City of Monte Sereno, California, a California municipal corporation, ("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. California Government Code Section 50280, et seq. authorizes the CITY to enter into contracts with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
B. OWNERS possess fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the Santa Clara County Property Tax Rolls as Assessors' Parcel Number 410-17-023, and generally located at the street address 17985 Saratoga-Los Gatos Road, in the City of Monte Sereno (the "Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description," marked as "Exhibit A” and incorporated herein by reference.
C. The Historic Property is on the City of Monte Sereno Historic Resources Inventory.
D. CITY and OWNERS, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
RECORDING REQUESTED BY:
City of Monte Sereno
WHEN RECORDED MAIL TO:
City Clerk
City of Monte Sereno
18041 Saratoga-Los Gatos Rd.
Monte Sereno, CA 95030
SPACE ABOVE FOR RECORDERS USE ONLY
OAK #4888-9100-9800 v1
AGREEMENT
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on January 18, 2022 and shall remain in effect for a term of ten (10) years thereafter.
Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. b. If either the OWNERS or CITY desire in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of non-renewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
c. OWNERS may make a written protest of the notice. CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution date or from the last renewal date of the Agreement, whichever may apply.
3. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
a. OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property.
b. OWNERS shall, when necessary or as determined by the City Manager, restore and rehabilitate the property, and shall complete the attached schedule of potential home improvements, drafted by the applicant owners and approved by the City Council, attached hereto as "Description of the Historic Property Preservation and Restoration Efforts for 17985 Saratoga Los Garos Road, Monte Sereno," marked as Exhibit B to this agreement, and incorporated herein by this reference. All improvements shall be made in accordance with the State Historical Building Code, the rules and regulations of the Office of Historic
OAK #4888-9100-9800 v1
Preservation of the State Department of Parks and Recreation and US Secretary of Interior’s Standards for Rehabilitation codified in 36 CFR part 67, incorporated herein by this reference. Such standards shall apply for maintenance, use, and preservation of the Historic Property throughout the term of this Agreement. c. OWNERS shall allow for examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and/or the CITY every five (5) years to determine the eligibility of the property involved, and to determine the OWNERS' compliance with the terms and provisions of this Agreement.
4. Provision for Information.
a. OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. b. It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS' compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council.
5. Cancellation.
a. CITY, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines any of the following:
(1) the OWNERS breached any of the terms or conditions of this Agreement; (2) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property; (3) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for habitation as provided for in the State Building Standards Code (Title 24, Cal. Code of Regulations), as may be adopted and amended by the City from time to time, or the California State Housing Law (Health and Safety Code section 17910 et seq.);
(4) the OWNERS have not complied with any other local, state, or federal laws and regulations with respect to the Historic Property.
OAK #4888-9100-9800 v1
b. CITY may also cancel this Agreement if it determines that the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement.
c. In the event of cancellation, OWNERS shall be subject to payment of those cancellation fees set forth in California Government Code section 50286.
6. No Waiver of Breach.
No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
7. Arbitration.
a. Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to arbitration upon the written request of one party after the service of that request on the other party.
b. If a dispute arises under this contract, either party may demand arbitration by filing a written demand with the other party.
c. The parties may agree on one arbitrator. If they cannot agree on one arbitrator, there shall be three: one named in writing by each of the parties within five days after demand for arbitration is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrator(s) with any papers or information demanded, the arbitrator(s) may proceed ex parte.
d. A hearing on the matter to be arbitrated shall take place before the arbitrator(s) in the City of Monte Sereno, County of Santa Clara, State of California, at the time and place selected by the arbitrator(s). The arbitrator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen (15) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s). The arbitrator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
OAK #4888-9100-9800 v1
e. If there is only one arbitrator, his or her decision shall be binding and conclusive on the parties; and if there are three arbitrators, the decision of any two shall be binding and conclusive. The submission of a dispute to the arbitrator(s) and the rendering of a decision by the arbitrator(s) shall be a condition precedent to any right of legal action on the dispute.
A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Arbitration Act.
f. The costs of arbitration shall be borne by the losing party or shall be borne in such proportions as the arbitrator(s) determine.
8. Binding Effect of Agreement; Agreement to Run With Land. a. The OWNERS hereby subject and restrict the Historic Property hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS' successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
b. CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS' legal interest in the Historic Property. c. CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street generally located at Saratoga-Los Gatos Road.
9. Notice.
a. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
OAK #4888-9100-9800 v1
CITY: City of Monte Sereno
Attn: City Clerk
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
OWNERS: Gerald and JoAnne Peth
17985 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
b. Prior to the entering a contract for sale of the Historic Property, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto.
10. No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise.
11. Hold Harmless and Indemnification. To the maximum extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by OWNERS pursuant to this Agreement.
12. Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court or arbitrator, in addition to costs and other relief ordered by the court.
13. Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
OAK #4888-9100-9800 v1
14. Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the City Manager determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards.
15. Health, Safety and Welfare. Nothing in this agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the owners or occupants of the Historic Property or the public.
16. Severability. If any section, sentence, clause, or phrase of this contract is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this contract, and shall not be affected thereby. The City Council hereby declares that it would have passed this contract and adopted this contract, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
17. Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
18. Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
19. Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California.
20. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
OWNERS CITY OF MONTE SERENO
OAK #4888-9100-9800 v1
By: ________ By: ____________________
Owner Mayor
By: ________
Owner
APPROVED AS TO FORM:
By: ________
City Attorney
ATTEST:
By: ________
City Clerk
OAK #4888-9100-9800 v1
EXHIBIT A
Legal Description of Historic Property
17985 Saratoga-Los Gatos Road
OAK #4888-9100-9800 v1
EXHIBIT B
The Description of the Historic Property
Preservation and Restoration Efforts
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Discussion Regarding Formation of an Emergency Preparedness Ad Hoc Committee
Recommendation(s):
Staff recommended that Council discuss the Emergency Preparedness Ad Hoc Committee.
Fiscal Impact:
There are no unbudgeted fiscal items with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
STAFF REPORT
Meeting: City Council - Jan 18 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Consider and Accept the City Manager's Quarterly Report Recommendation(s):
Staff recommends that the City Council consider and accept the City Manager's quarterly report.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
City Manager's Quarterly Report 10/01/21-12/31/21
City Manager’s Report
10/01/2021 – 12/31/2021
Building permit activity for the last quarter was as follows:
October-December 2021
Permits/Inspections
Building Permits Issued 135
Construction Valuation $7,439,150
Building Permit Revenue $247,209
Regular Plan Checks 263
Resubmittal Plan Checks 128
Inspection Completed 168
On-line Inspections scheduled 129
Building Inspector/Code Enforcement
Management is considering a new position for a combination building inspector and code enforcement officer, which would replace two existing contract positions. This would allow the city to provide additional code enforcement services and a quicker response to concerns received by the community. Also, as many of the code enforcement cases are related to construction activity (i.e. deliveries made outside of construction hours, tree protection, etc.) having a staff member responsible for both building inspections and code enforcement will provide some staffing efficiency.
Neighborhood Improvement Projects/Pavement Management Program Construction of new curb and gutter and paving on Zena Ave was completed by GradeTech in December. Work on Clara Street and Natalye Road is scheduled to begin on January 17 and expected to last 2 months. With the completion of this project 3 of the lowest PCI streets (average of 46) have been brought up to 100 PCI.
Design of the Daves Neighborhood Improvement Project, consisting of drainage, pavement and pedestrian improvements on Bruce and Vista Avenues, is nearly complete and will be reviewed by the Better Streets Commission at upcoming meetings.
Field work was conducted for the bi-annual pavement condition survey in November. An updated Pavement Management Program Budget Options Report with an updated PCI values for all City streets is expected to be complete in March for council review.
City Clerk Highlights
• Re-Appointed Michelle Estabillo as MS City Clerk on Sept 21, 2021 • Started the implementation Boards and Commissions module on iCompass • This module will allow Commission information (term, expiration, attendance, etc.) to be monitored through iCompass and allow Commission recruitment applications to be submitted online. This project is expected to be completed by the end of the 1st quarter of 2022.
• City Council approved the amended Records Retention Policy. • Records Management Project which includes identifying off-site storage facilities and looking into electronic file management best practices. This project is ongoing.
• Per Council direction, City Clerk became the new project manager for SeeClickFix CRM software. City Clerk is working with SeeClickFix to create a Monte Sereno branded and specific application. This project is ongoing. • City Clerk began oversight of the City’s website and is currently working with staff to make the website more user-friendly for the public.
New Planning Project Tracking System
As you will recall, the city implemented an electronic building permit tracking system in October 2020, which has created significant staff efficiencies, improved accuracy of records and fees, and improved customer service. We have now implemented a similar system to track planning projects. Previously, planning projects were only tracked through the project’s paper files. The new electronic system tracks each step of a project from the time the application is received, fees paid, review comments provided, public hearing schedule, and final decisions on each project. This will allow staff to track the status of projects, fees collected, and pending reviews. Additionally, future on-line services will be implemented including the ability for applicants to review project comments on-line and submit applications on-line.
Housing Element
The city has contracted with EMC Planning to update the Housing Element as required by State law. While staff has been working extensively with EMC Planning for many months, public outreach efforts and Council updates will begin in early 2022. The project web site has been developed to provide the community with information about the Housing Element, offers ways to participate in the update process, and includes community surveys about the future housing in the city. The web site is:
www.AtHomeinMonteSereno.com
Additionally, a post card will be mailed to all Monte Sereno property owners this month to inform the community about this project and provide the web site information. Images of the postcard are included below.
Staff will continue to work with the consultant on various options available to meet our RHNA allocation, including an inventory of possible sites for increased housing
opportunities and incentives for ADUs and the newly approved SB-9 secondary dwelling units. This information will be presented to the City Council for input and direction in the next few months.