Monte Sereno City Council
June 7, 2022

AGENDA
City of Monte Sereno
Tuesday, June 7, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
How to Participate
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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 (3) 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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.

PRESENTATIONS

ORAL COMMUNICATIONS

Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.

WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.

CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.

1. Approve Warrant List Dated June 7, 2022 in the Amount $188,572.60 Staff recommends the City Council approve the Warrant List Staff Report - SR-22-131 - Pdf
6 - 7

2. Approval of Settlement Agreement for Four Eighteen Holdings, LLC v.

City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 in the Amount of $50,000
Staff recommends that the Council approve the settlement agreement for Four Eighteen Holdings, LLC. v. City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 in the amount of $50,000.

Staff Report - SR-22-124 - Pdf
8 - 15

3. Consideration to Approve and Authorize the City Manager to Execute Amendment #1 to the Professional Services Agreement with EMC Planning Group for the Housing Element Update Increasing the Contract Amount by $51,600 to a Total Not to Exceed Amount of $221,960.

Staff recommends that City Council approve and authorize the City Manager to execute Amendment #1 (Attachment 2) to the Professional Services Agreement with EMC Planning Group for the Housing Element Update Increasing the Contract Amount by $51,600 to a Total Not to Exceed Amount of $221,960.

Staff Report - SR-22-133 - Pdf
16 - 36

4. Appointment of Monte Sereno Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Staff recommends that the City Council re-appoint Monte Sereno resident Barry Chaffin as the Monte Sereno representative on the Valley Transportation Authority Bicycle and Pedestrian Advsory Committee.

Staff Report - SR-22-130 - Pdf
37 - 41

5. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.

Staff Report - SR-22-129 - Pdf
42 - 45

6. Review and Accept Biennial Review of the City of Monte Sereno's Conflict of Interest Code
Staff recommends that the City Council accept staff's review identifying no changes in the City's Conflict of Interest Code and adopt a resolution of the City Council of the City of Monte Sereno acting as the code reviewing body for the Conflict of Interest Code approving the Conflict of Interest Code of City of Monte Sereno staff.

Staff Report - SR-22-128 - Pdf
46 - 54

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

1. Consider and Appoint Members to the 2022-2023 Monte Sereno Youth Commission
Staff recommends that the City Council consider applications for the 2022-2023 Monte Sereno Youth Commission and appoint the five applicants to the Youth Commission.

Staff Report - SR-22-136 - Pdf
Supplemental Information
55 - 71

2. Adopt a Resolution Ordering and Calling a General Municipal Election to be held in the City of Monte Sereno on November 8, 2022; Requesting the Services of the Registrar of Voters; Requesting Consolidation of Elections and Specifying Certain Policies and Procedures for the Consolidated Election; Determining to Levy a Cost of Candidate Statements; Requiring Payment of Candidate's Filing Fee; and Providing for Giving Notice of Election
Staff recommends that the City Council adopt a resolution of ordering and calling a General Municipal Election to be held in the City of Monte Sereno on November 8, 2022; requesting the services of the Registrar of Voters; requesting the consolidation of election and specifying certain policies and procedures for the consolidation of election; determine to levy a cost of candidate's statements; requiring payment of candidate's filing fee; and providing for giving Notice of Election.

Staff Report - SR-22-103 - Pdf
72 - 75

3. Discussion and Consideration of Forming a Housing Element Update Ad Hoc Committee and Appointment of Ad Hoc Committee Members 76

Staff recommends that the City Council discuss and consider forming a Housing Element Update Ad Hoc Committee.

Staff Report - SR-22-132 - Pdf

4. Consider and Adopt a Resolution Setting the Appropriations Limit for Fiscal Year 2022-2023
Staff recommends the City Council adopt a resolution setting the Appropriations Limit for Fiscal Year 2022-2023 based upon the Price Factor and Population data provided by the State of California Department of Finance.

Staff Report - SR-22-135 - Pdf
77 - 81

5. Conduct Second Review of the Fiscal Year 2022-23 Budget and Provide Direction to Staff
Staff recommends that the Council review and discuss the follow-up staff response to the Study Session of the FY 2022-23 Budget.

Staff Report - SR-22-137 - Pdf
82 - 98

ADJOURN TO CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency designated representatives: City Attorney
Unrepresented employee: City Manager

RECONVENE TO OPEN SESSION

REPORT ON ACTION TAKEN DURING CLOSED SESSION

COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.

Cities Association Board of Directors - Ellahie/Mekechuk Cities Association Legislative Action Committee - Ellahie/Mekechuk Cities Association City Selection Committee - Ellahie/Lawler Valley Transportation Authority PAC - Mekechuk/Leuthold Silicon Valley Animal Control Authority - Lawler/Turner Silicon Valley Clean Energy Authority - Ellahie/Mekechuk West Valley Clean Water Board - Mekechuk/Turner
West Valley Mayors and Managers - Ellahie/Mekechuk
West Valley Sanitation District - Turner/Leuthold
West Valley Solid Waste/Recycling JPA - Mekechuk/Turner Youth Commission - Lawler/Turner
Santa Clara County Library JPA - Leuthold/Lawler

COUNCIL MEMBER COMMENTS

This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.

CITY MANAGER’S REPORT

FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.

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 - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated June 7, 2022 in the Amount $188,572.60 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 06-07-2022

CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:

June 7, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19805 Vantagepoint Transfer
Agent-30 April Funding of 457 Plan 2,916.64 01-660
19806 Los Gatos Kiwanis Club Donation to charitable organization 90.00 01-550 19807 Anago Franchising, Inc Janitorial supplies 273.35 01-860 19808 BKF Engineers Hwy 9 Safety Improvement Gap Closure project 4,590.00 05-870
19809 Burke,Williams &
Sorensen, LLP
City Attorney, Padgett, Labor
Negotiations, General Litigation,
Greenwood, and Shekar cases
18,948.31 01-427
01-425
19810 City of Campbell West Valley Solid Waste Management Aut 3rd and 4th Qtr FY 2022 6,013.70 01-522
19811 corodata Shredding,
Inc. Shredding services 31.87 01-522
19812 CSG Consultants, Inc Building Inspector ($6.6k) and Code Enforcement consultant ($11.0k) 17,595.00 01-765 01-545 19813 Dicar Networks, Inc. Lenovo ThinPad P15v Mobile
Workstation 2,203.23 01-811
19814 Eide Bailly LLP FY 2020-21 Audit Services and prepare State Controllers' Report 30,906.00 01-470
19815 EMC Planning Group,
Inc. Housing Element Project 11,570.25 01-535
19816 Frontier
Communications Landline for City Hall 41.64 01-720
19817 Kelex Security Annual Alarm Monitoring services 540.00 01-765 19818 KTUA Monte Sereno Bicycle Pedestrian Master
Plan Project (CIP-2022-F) 6,461.38 05-905
19819 Pacific Gas & Electric Electricity services for City Hall, Annex Building and Loma Serena Lighting Dist. 634.41 40-935 01-705 19820 RICOH USA, INC. Office copier rental 480.23 01-715 19821 Ridley Master Legal services for Padgett case 1,880.00 01-427 19822 Town of Los Gatos
Finance Department Police Services 80,590.41 03-545
19823 Urban Tree
Management, Inc.

Arbor services on Vista Ave and
Greenwood Rd. 2,485.00 01-885
19824 US Postmaster USPS Marketing Mail permit 265.00 01-711 19825 Pacific Gas & Electric Electricity services for Rose-Andrews Lighting District 46.18 50-945
19826 Town of Los Gatos
Finance Depa
Added payment for Police Services short
$10.00 for invoice #5500000196 10.00 03-545
Total $188,572.60

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 - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Sergio Rudin,
Department: City Attorney
Title: Approval of Settlement Agreement for Four Eighteen Holdings, LLC v.

City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 in the Amount of $50,000
Recommendation(s):

Staff recommends that the Council approve the settlement agreement for Four Eighteen Holdings, LLC. v. City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 in the amount of $50,000.

Background Information:

On June 30, 2020, the City Council adopted a resolution denying Four Eighteen Holdings, LLC’s (“Developer’s) application to develop a single family home at 16005 Greenwood Lane in Monte Sereno (“Project”). By letter dated September 1, 2020, Developer asserted that the City Council had been unlawfully biased and violated the Brown Act in connection with its denial of the Project, and demanded that the City cure and correct the violation within 30 days, in accordance with Government Code section 54960.1. Pursuant to Government Code section 54960.1, the City Council acted to cure and correct the alleged violation without admitting liability. First, on September 29, 2020, the City Council set aside the City’s denial of the Project and resolved to reconsider the Project at a public hearing on November 17, 2020.

Second, on November 17, 2020, following the duly-noticed public hearing, the City approved the Project. Meanwhile, on September 14, 2020, Developer filed suit against the City—Four Eighteen Holdings, LLC v. City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 —alleging five causes of action: (1) writ of mandate based on alleged violation of the Housing Accountability Act; (2) writ of mandate based on alleged denial of fair hearing due to bias and insufficient findings; (3) declaratory relief; (4) alleged violation of due process; and (5) alleged denial of equal protection. The City filed a motion to dismiss. By order dated October 12, 2022, the Superior Court granted the City’s motion to dismiss with respect to the writ and declaratory relief claims, but denied the motion with respect to Developer’s due process and equal protection claims. The Parties engaged in settlement negotiations, including a mediation on April 14, 2022, which resulted in the proposed settlement agreement for the Council’s approval to settle the case.

Analysis:

The key points of the settlement are that the City agrees to pay and the plaintiff agrees to accept, the sum of $50,000. Additionally, the City will provide a cover letter to the Plaintiff upon execution of the settlement, stating:

The City of Monte Sereno is committed to living up to the mission of the Brown Act, to wit: "The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is good for them not to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” The Ralph M. Brown Act, California Government Code § 54950 Approval of the proposed settlement payment is also included on the warrant list, as payment needs to be delivered within 21 days of execution of the agreement. The proposed settlement does not involve any admission of liability and would be entered into to avoid the expense and uncertainty of further litigation.

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:

Settlement Agreement - 418 Holdings v. Monte Sereno

SETTLEMENT AGREEMENT BETWEEN

FOUR EIGHTEEN HOLDINGS, LLC AND THE CITY OF MONTE SERENO This Settlement Agreement (“Agreement”) is entered into as of June 7, 2022 (“Effective Date”) by and between Four Eighteen Holdings, LLC (“Applicant”) and the City of Monte Sereno and the City Council of the City of Monte Sereno (collectively, “City”). Applicant and the City are each referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. On June 30, 2020, the City Council adopted a resolution denying Applicant’s application to develop a single family home at 16005 Greenwood Lane in Monte Sereno (“Project”).

B. By letter dated September 1, 2020, Applicant asserted that the City Council had been unlawfully biased and violated the Brown Act in connection with its denial of the Project, and demanded that the City cure and correct the violation within 30 days, in accordance with Government Code section 54960.1.

C. Pursuant to Government Code section 54960.1, the City Council acted to cure and correct the alleged violation without admitting liability. First, on September 29, 2020, the City Council set aside the City’s denial of the Project and resolved to reconsider the Project at a public hearing on November 17, 2020. Second, on November 17, 2020, following the duly-noticed public hearing, the City approved the Project.

D. Meanwhile, on September 14, 2020, Applicant filed suit against the City—Four Eighteen Holdings, LLC v. City of Monte Sereno, Santa Clara County Superior Court Case No. 20CV370686 (the “Action”)—alleging five causes of action: (1) cause of action for a writ of mandate based on alleged violation of the Housing Accountability Act; (2) cause of action for a writ of mandate based on alleged denial of fair hearing due to bias and insufficient findings; (3) cause of action for declaratory relief; (4) cause of action for alleged violation of due process; and (5) cause of action for alleged denial of equal protection.

E. The City filed a motion to dismiss. By order dated October 12, 2022, the Superior Court granted the City’s motion to dismiss with respect to the writ and declaratory relief claims, but denied the motion with respect to Applicant’s due process and equal protection claims.

F. The Parties engaged in settlement negotiations, including a mediation on April 14, 2022, with Daniel Ballesteros pursuant to Santa Clara County Superior Court Local Rule 4.

G. The Parties, wishing to avoid the uncertainties, delay and expense of continuing the Action, agree to settle upon the following terms.

TERMS
In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:
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SF #4893-3418-2431 v5

1. Payment Amount: The City shall pay to Applicant, and Applicant shall accept, the sum of Fifty Thousand Dollars ($50,000) (“Payment”) in full settlement and compromise of this Action and in release and discharge of any and all claims and causes of action made in this Action, and in release and discharge of any and all claims and causes of action arising out of the events or incidents referred to in the pleadings in the Action.

2. Payment Procedure: Within 21 days of the full execution of this Agreement, the City shall deliver Payment to Todd Williams, Wendel Rosen LLP, 1111 Broadway, 24th Floor, Oakland, CA 94607.

3. Dismissal: Within seven days of full execution of this Agreement, Applicant shall provide to the City a fully executed request for entry of dismissal of the Action, in substantially the same form as attached hereto as Exhibit A. The City is authorized to and shall file a request for entry of dismissal of the Action at the same time the Payment is made pursuant to Paragraphs 1 and 2 above.

4. Brown Act: The City shall include the following statement in a cover letter transmitting the Settlement Agreement, upon execution, to Applicant:

The City of Monte Sereno is committed to living up to the mission of the Brown Act, to wit: “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is good for them not to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” (The Ralph M. Brown Act, Cal. Gov. Code § 54950.)

5. Fees and Costs: Except as otherwise set forth herein, each Party shall bear its own attorneys’ fees and costs with respect to the Action, including without limitation the negotiation of this Agreement.

6. Mutual Release: Except for the obligations specified herein, the Parties hereby release and forever discharge each other, together with their employees, officers, agents, representatives, trustees, directors, partners, stockholders, attorneys, successors, assigns, heirs, personal representatives and executors, and all persons, firms, associations, co-partners, co-venturers, insurers, contractors, engineers, subcontractors, subsidiaries, parents, affiliates, or corporations connected therewith, and each of them from any and all claims, debts, liabilities, demands, obligations, costs, expenses, attorney’s fees, actions, and causes of actions of every nature, character, and description whether known or unknown, directly or indirectly arising out of any matter, fact, and/or allegation related to the Action.

7. Waiver of California Civil Code Section 1542: The Parties, on behalf of themselves, attorneys, heirs, predecessors, successors, and assigns, acknowledge that each is aware of the provisions of Section 1542 of the California Civil Code, and expressly waives any rights or benefits that may be available under Section 1542, which provides: “A GENERAL

RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW 2 of 4
SF #4893-3418-2431 v5

OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. No Admission: This Agreement is the result of a compromise and shall never, at any time for any purpose, be considered as an admission of liability or responsibility on the part of any Party herein released, nor shall the release of any claims or waiver of costs in consideration of the execution of the Agreement constitute or be construed as an admission of any liability whatsoever by any Party herein released. No dismissal filed in conjunction with the Agreement shall constitute a favorable or prevailing result for any Party.

9. Entire Agreement:
a. The Agreement constitutes the full and entire agreement among the Parties with respect to the subject matter of this Agreement, superseding all prior agreements, negotiations and discussions among the Parties, and the Parties acknowledge that there is no other agreement, oral or written, regarding the subject matter of this Agreement. This Agreement may not be modified, except by a written instrument executed by each of the Parties. b. The Parties acknowledge: (a) the Agreement and its reduction to final form is the result of good faith negotiations between the Parties through their respective counsel; (b) the Parties’ counsel have reviewed and examined the Agreement before execution; and (c) the Parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a Court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the sentences, phrases, clauses or other wording or language of any kind shall not be construed for or against any Party in accordance with California Civil Code Section 1654, and that each party to this Agreement waives the effect of that statute.

10. Assignment: The Parties represent and warrant that they have not assigned or transferred or purported to assign or transfer any claims, matters, demands or causes of action that are herein released or discharged for any reason, including by way of subrogation.

11. Severability: If any word, phrase, clause, sentence, provision, or paragraph of this Agreement is or shall be held invalid or unlawful for any reason, the same shall be deemed severed from the remainder hereof, and stricken therefrom, and shall in no way affect or impair the validity of this Agreement or any other portion thereof, and this Agreement shall otherwise remain in full force and effect.

12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, assigns and transferees.

13. Informed Consent: Each Party declares that prior to the execution of this Agreement, it and/or its duly authorized representatives have apprised themselves of sufficient relevant data, either through attorneys, experts or other sources of their own selection, in order to intelligently exercise their judgment in deciding whether to execute, and in deciding the contents of, this Agreement. Each Party states that this Agreement is entered into freely and voluntarily, upon the advice of its counsel and/or the opportunity to consult with counsel. 3 of 4
SF #4893-3418-2431 v5

14. Gender Neutral: As used in this Agreement, the masculine, feminine, or neuter gender, and the singular or plural number shall each be deemed to include the other whenever the contents so indicate

15. Governing Law: This Agreement shall be interpreted and enforced according to, and the Parties’ rights and obligations governed by, the domestic law of the State of California.

16. Captions and Paragraph Headings: Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement.

17. Authority to Execute: The undersigned warrant that they are fully authorized to execute this Agreement on behalf of their principals.

18. Execution in Counterparts and Copies: This Agreement may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Agreement. Photocopies or facsimiles shall constitute good evidence of such execution.

The Parties have signed this Agreement as of the date stated in the introductory clause.

City of Monte Sereno Four Eighteen Holdings, LLC
By: By:

Name: Steve Leonardis Name: Aram J. Reddy
Title: City Manager Title: Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

By:

Sergio Rudin
City Attorney, City of Monte Sereno
By:

Todd Williams
Applicant’s Attorney
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EXHIBIT A
Exhibit A-1
SF #4893-3418-2431 v5

Exhibit A-2
SF #4893-3418-2431 v5

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consideration to Approve and Authorize the City Manager to Execute Amendment #1 to the Professional Services Agreement with EMC Planning Group for the Housing Element Update Increasing the Contract Amount by $51,600 to a Total Not to Exceed Amount of $221,960.

Recommendation(s):

Staff recommends that City Council approve and authorize the City Manager to execute Amendment #1 (Attachment 2) to the Professional Services Agreement with EMC Planning Group for the Housing Element Update Increasing the Contract Amount by $51,600 to a Total Not to Exceed Amount of $221,960.

Background Information:

On June 1, 2021, the City Council approved a contract with EMC Planning Group for the Sixth Cycle Housing Element Update. This amendment includes additional scope of work that was not included in the original contract. Following is summary of the additional scope in the Amendment #1.

Affirmatively Further Fair Housing Expanded Outreach and Analysis State law AB 686 created new requirements for all housing elements that are revised on or after January 1, 2021. These new requirements include expanded outreach and assessment of fair housing needs throughout the community and to address these findings in the Sites Inventory and Goals and Action of the adopted Housing Element. More detailed information on these requirements is available on-line at: https://www.hcd.ca.gov/communitydevelopment/affh/docs/affh_document_final_4-27-2021.pdf The expanded scope of work to address these requirements is included in Exhibit A to the attachment contract amendment. EMC Planning Group will work with West Valley Community Services to develop outreach programs including community meetings and individual interviews with their clients to gather data and feedback on housing needs of the community.

The results of this analysis will help develop the Sites Analysis and Goals and Actions in the final Housing Element.

Accessory Dwelling Unit Community Outreach and Incentives and SB-9 Community-Wide Survey

As directed by the City Council and the Site and Architectural Commission at the joint meeting on May 24, expanding the city’s current Accessory Dwelling Unit (ADU) programs by providing community wide outreach and developing incentives for the construction of new ADUs will be the main effort to achieving the Regional Housing Needs Allocation (RHNA) of 193 new housing units.

Additionally, this community wide outreach effort will also include educational materials to explain SB9 regulations as well as a community wide survey to receive feedback on any desired changes to the regulations.

EMC Planning Group has provided a scope of work to assist these efforts by providing costs for will assist these efforts by developing postcards and/or other written material as well as web pages for surveys and feedback on both the ADU construction and the SB-9 outreach efforts. EMC Planning Group will not assist in the distribution of these materials.

As the specific details of these efforts will be determined once the City Council Ad Hoc Committee and the Site and Architectural Ad Hoc Committees are established and meet, the scope of work and costs provided here will be used on an as needed basis.

Fiscal Impact:

The additional funding will be included in the proposed FY 2022-2023 budget. The city has been awarded a Local Early Action Planning (LEAP) grant of $65,000 and a Regional Early Action Planning (REAP) grant of $20,000 to support the Sixth Cycle Housing Element Update.

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. Agreement for Professional Services with EMC Planning Group– June 1, 2021

2. Amendment to Professional Services Agreement – EMC Planning Group

AGREEMENT FOR PROFESSIONAL SERVICES
June 1, 2021, by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as and EMC Planning Group, a California corporation, Consultant

RECITALS
A. City desires to retain Consultant for certain professional services as set forth in this Agreement.

B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

C. Consultant possesses the skill, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, City and Consultant agree as follows:

AGREEMENT

1. Scope. City agrees to, and hereby does, retain Consultant to perform the professional services as outlined in the Scope of Work attached hereto and incorporated herein as Exhibit A.

Consultant s work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance.

2. Responsible Personnel: City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Primary personnel responsible for completion of the work described in this Agreement shall be Michael Groves, AICP and Martin Carver, AICP, MRP.

3. Scope of Work: Consultant shall perform the services as specified in Exhibit A in a professional manner. Optional tasks listed shall not be performed by Consultant unless separately requested and prior authorization is provided in writing by the City Manager.

Proceeding with such additional work without express authorization, or undertaking any other work not listed in Exhibit A, shall be at Con . Consultant will not undertake any work that will incur costs in excess of the amount set forth in this paragraph without prior written amendment to this Agreement.

4. Time of Performance and Term: The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City.

All such work shall be completed no later than January 31, 2023. Time is of the essence in the performance of this Agreement. No waiver by either party hereto of the nonperformance or any breach of any term, provision, or condition of this Agreement, or any default hereunder shall be considered to be or operate as a waiver of any subsequent nonperformance, breach or default.

5. Compensation: Compensation for services performed as set forth in Section 3 shall be as set forth in Exhibit B. Optional tasks listed shall not be performed by Consultant unless

separately requested and prior authorization is provided in writing by the City Manager.

Proceeding with such additional work without express authorization, or undertaking any other work not listed in Exhibit B, shall be at Con
shall be made upon submittal of invoices by Consultant to City for review and approval by the City Manager or his designee. Invoices will be paid by City within a reasonable time after the invoices are received and approved. For purposes of this Agreement, a 30-day period shall be deemed a reasonable period.

6. Insurance: Consultant agrees to have and maintain, for the duration of the Agreement, the following minimum insurance requirements. Prior to the execution of the Agreement, Consultant shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a c than A:VII, unless otherwise acceptable to the City.

Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. sation: as required by the State of California, with Statutory Limits.

4. Professional Liability (Errors & Omissions): As appropriate to services, and not less than $2,000,000 per occurrence.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City of Monte Sereno, its Council Members, elected and appointed officers, agents and employees shall be named as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Independent Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Independent insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

For any claims related to this Agreement, insurance coverage shall be primary insurance coverage (at least as broad as ISO CG 20 01 04 13) with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the insurance and shall not contribute with it.

Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Consultant shall require the insurer to provide City with 30-day prior notice of termination or material change in coverage and ten (10) days prior notice of cancellation for non-payment.

7. Indemnity: To the fullest extent permitted by law, Consultant shall hold harmless, indemnify and defend City, its elective and appointive boards, commissions, officers, agents, servants, volunteers, and employees from and against any and all claims, costs, damages, liability, losses, or suits (including court costs and attorney fees) for personal injury (including death), property damage and any other damages of any sort whatsoever, arising out of, or alleged to have arisen out of, the willful or negligent acts, errors, or omissions of Consultant or Consultant's contractors, subcontractors, agents, or employees in the performance of this Agreement.

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.
set forth in this
section shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778.
hold harmless the Indemnified Parties under this section shall not extend to the active negligence or willful misconduct of the Indemnified Parties. This section shall survive the termination of this Agreement.

8. Termination: This Agreement may be terminated by the City immediately for cause or by either party without ice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered

hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant.

In the event of termination, Consultant shall deliver as a condition to the payment of the compensation provided for above, or otherwise make available to City, all research data, reports, estimates, summaries, and other such information and materials as may have been accumulated by Consultant in performing this Agreement, whether completed or in process in accordance with Section 9 of this Agreement.

9. Documents: Notes, studies, chain, computations, electronic files, and other data and information obtained by Consultant for this project shall, upon receipt of payment for services rendered, be made available to City by Consultant at City's request and shall become the property of City. In the event City alters the document, City agrees Consultant shall have no responsibility whatsoever for any claim arising out of, or alleged to have risen out of, use of the altered document,
All plans, studies, documents, charts, computations, and electronic files prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant s expense, provide such reports, plans, studies, documents and other writings to City upon written request.

10. Independent Contractor: Consultant is an independent contractor retained by City to perform the work described herein. All personnel employed by Consultant are not and shall not be deemed to be employees of City. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City s employees, and Consultant hereby expressly waives any claim it may have to such rights. Consultant shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of Worker Compensation.

11. Licenses and Standard of Care: Consultant represents and warrants to City that, for itself and any subcontractors, all applicable licenses, permits, qualifications, insurance and approvals of any nature which are legally required of Consultant to practice its profession have been obtained any will be maintained during the performance of the Agreement. Consultant shall procure and maintain a City of Monte Sereno business license. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

12. Assignment: The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.

Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such contractor other

than as otherwise required by law.

13. Binding on Successors: This Agreement is binding on the heirs, successors and assigns of the parties hereto.

14. Amendment: This Agreement may be amended, modified or changed by the parties, provided that said amendment, modification or change is in writing and approved by the authorized representative of the parties.

15. Applicable Law and Attorney's Fees: This Agreement shall be construed and enforced in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Santa Clara. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision of the Agreement, the prevailing party of such action shall be entitled to recover its reasonable litigation expenses, including attorney fees.

16. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. All provisions of this Agreement are expressly made conditions. For all purposes this Agreement shall be deemed to have been drafted jointly by all parties.

17. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.

18. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

19. Equal Employment Opportunity. Consultant is, and warrants to the City that they shall be during the term of the Agreement, an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity.

Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

20. City Not Obligated to Third Parties; Subcontractors; Oversight. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. Consultant shall ensure the following requirements are satisfied in the performance of the Agreement with respect to its own employees:

A. Worke ompensation. Consultant certifies that it is aware of the provisions of the

compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement.

B. Prevailing Wage. Consultan ltants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination shall be available
C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program.

D. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

The
requirements under this section and Agreement.

21. Political Reform Act Economic Interests. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a tatement o he Clerk of the City of Monte Sereno
WITNESS WHEREOF this Agreement is executed by City and by Consultant on this ____ day of _______________, 2021, at Monte Sereno, California.

CONSULTANT: CITY OF MONTE SERENO:
___________________________ ____________________________ By: Michael Groves, AICP Steve Leonardis, City Manager EMC Planning Group
APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ Sergio Rudin, City Attorney Michelle Radcliffe, City Clerk

SCOPE OF WORK

4.2 Scope of Work
EMC Planning Group will undertake the following work program to deliver a certified housing element to the City of Monte Sereno.

Task 1 Project Management and Coordination
This task covers communication and coordination between the EMC Planning Group team, city staff, regional collaborators and HCD and includes meetings, phone conferences, email exchanges, and other communications. The EMC Planning Group team will attend one (1) kickoff meeting with staff to discuss project goals, issues, availability of reference materials, work product expectations, communications protocols, public outreach program, and site inventory. The team will also meet with staff four (4) additional times on days that coincide with community outreach and engagement (see Task 2, below). Finally, this task includes consultation with the California Department of Housing and Community Development (HCD), which is typically handled with regular phone calls to HCD staff. City staff is expected to be available for meetings with the EMC Planning Group team, to take regular coordination phone calls, and to provide city documents as needed.

Task 2 Community Outreach and Engagement
This task involves measures that EMC Planning Group will take to engage the Monte Sereno community in the 6th cycle housing element update process. The 6th cycle RHNA numbers are a sea change for all California communities, and the success of the update process hinges in part on a community outreach and engagement program that is robust, inclusive, and meaningful. COVID-19 has complicated community outreach efforts, but the pandemic has also catalyzed the development of new digital tools that have brought interactive engagement to a new level. One such tool is an all-in-one digital community engagement platform called Bang the Table (https://www.bangthetable.com/).

EMC Planning Group is partnering with Bang the Table as a cornerstone of its community outreach and engagement program. Using the Bang the Table platform, the EMC Team will work with City staff to design an interactive engagement plan that allows community members to engage on their own time.

Community workshops can span days and include customizable discussion forums, and through the digital platform, discussions can be made available in multiple languages and moderated to weed out any personal attacks, profanity, or off-topic comments.

The following are a sample of the tools available through the Bang the Table platform:

Forums. A safe and interactive space for Monte Sereno community-members to discuss and debate pertinent issues. This site is moderated to assure safety.

Ideas. These post-it are a way for Monte Sereno community-members to share what

inspires them. EMC Planning Group staff can then assist in creating virtual stakeholder groups to ideas.

Places. Gather feedback an drop.

Stories. Help your community better understand, empathize, and relate to others and to all that contributes to contemplating additional housing in the community.

Guestbook. Simple, streamlined, and moderated space for Monte Sereno community-members to upload comments.

Q&A. Receive questions in a managed space that accommodates messages through the iterative brainstorming process.

Polls. Ask a single question and get immediate insight with this quick and targeted tool.

Surveys. Encourage Monte Sereno community-members to voice their opinions in a convenient way that can also help us understand what areas of town need more encouragement to participate.

Aggregate data can help the town understand generally who is participating with the outreach tools. (2) community meetings, one (1) stakeholder focus group, and other online/virtual participation opportunities made possible through Bang the Table. Also, as part of this effort, EMC Planning Group will work with City staff to develop a list of organizations that will be contacted to participate in the update process. City staff will be responsible for identifying and/or confirming focus group members and providing EMC Planning Group with appropriate contact information.

Task 3 Housing and Special Housing Needs
This task involves quantifying Monte existing and projected housing needs for all income levels based on Code. EMC Planning Group will also analyze special housing needs based on data from Census 2020 and interviews with social service agencies in the area. Special housing needs will be evaluated for the disabled, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

This task assumes that ABA g Technical Assistance Program will provide jurisdictionspecific graphs and write-ups for all required data, including population, demographic, housing, market conditions and regional comparisons. EMC Planning Group anticipates some limited amount of time to tailor the work provided by regional collaborators.

Task 4 Housing Constraints
This task involves the identification of potential and actual governmental and nongovernmental constraints to the preservation, protection, and production of housing across income levels within the city. This task assumes that Regional Housing Technical Assistance Program will provide cross-jurisdictional comparisons necessary for this task, including the comparison of development and permitting fees and processing times. It will also provide write ups of typical countywide non- governmental constraints, including community opposition to housing, cost of construction, limited availability of land and other topics. As with Task 3, above, EMC Planning Group anticipates some limited amount of time to tailor the work provided by regional collaborators.

Task 5 Existing Housing Element
This task involves the review of Monte current housing element to identify the success in accomplishing/implementing housing goals, policies and programs. This review includes explanations and updates for goals, policies, or programs that are in progress, that have been abandoned, or that have proven ineffective.

EMC Planning Group will make use of materials provided in the C Annual Progress Report to HCD.

Task 6 Sites Inventory
This task involves the preparation of an inventory of vacant and underutilized sites that demonstrates Monte ying safe assumptions, evaluating sites, and
analyzing potential policy strategies to increase site capacity, demonstrating development viability and inputting ttal with the updated element. As discussed in the Approach and Methodology section above, EMC Planning Group anticipates that this will be the most significant area of AG/MTC HESS tool to
its best advantage.

Beca inventory of vacant and underutilized sites will rely heavily on accessory dwelling units, we recommend that City staff apply to HCD for grant moneys through the Local Housing Trust Funds (LHTF) program (applications are due in June). LHTF funds may be used for the construction, repair, and reconstruction or rehabilitation of accessory dwelling units or junior accessory dwelling units. Application to the LHTF program would signal to HCD that Monte Sereno is serious about accessory dwelling units.

Task 7 Goals, Policies, Programs and Quantified Objectives This task involves identifying goals, policies, programs, and quantified objectives to address compliance with State law and effectively respond to the housing needs, constraints, and key priorities identified through data gathering and analysis and the public participation process. This task will include identification of other General Plan policy updates or revisions needed to ensure consistency, including review of the Safety Element as required by SB 379.

Task 8 Rezoning
While the focus of this housing element update process will be on analysis and programming for accessory dwelling units, there is the possibility that some very limited amount of rezoning may be appropriate to meet the RHNA numbers. If this is determined to be the case, EMC Planning Group will use the ABAG/MTC HESS tool and its own expertise to identify potential sites for rezoning. If consensus forms around the rezoning of one or more sites to meet the RHNA responsibilities, then EMC Planning Group will include the site or sites in the inventory of vacant and underutilized sites and draft a housing program committing the City to a process that would result in the identified rezonings.

Task 9 Draft Housing Element and Public Hearings
This task first involves the preparation and submittal of an administrative draft housing element for City staff review. City Staff will provide a comprehensive set of recommended changes. Once edits are complete, the team will then prepare a public review draft housing element that is made available to the public and presented to both the Site and Architectural Commission and City Council at public hearings. EMC Planning Group will prepare PowerPoint presentations and attend each of the two (2) public hearings. Based on Commission and Council

10 input, the team will then prepare an HCDreview draft and submit it to HCD for the mandated review.

Task 10 Final Draft Hearings, Final Adoption and Certification This task involves working closely with HCD and City Staff to respond to any comments and produce a final draft housing element for final adoption. EMC Planning Group will prepare PowerPoint presentations and present the final draft document at public hearings before the Site and Architectural Commission and before the City Council (two (2) hearings total). The team will then prepare the final adopted housing element, including any changes from the public hearings, and submit it to HCD for final certification. It will also distribute the document to the water/sewer district and the California Office of Planning and Research.

Task 11 CEQA Documentation
This task involves the preparation of all documents required for California Environmental Quality Act (CEQA) review and submittal. CEQA review will be limited to the preparation of an initial study/ mitigated negative declaration. If it is determined that an environmental impact report is required, then EMC Planning Group will undertake this higher level of CEQA review, and a separate budget for EIR preparation has been provided below.

The team will provide materials for public posting and noticing for comment, but City Staff is responsible for publishing the notices and otherwise distributing the materials.

11 B
BUDGET Task Staff Production Manager Admin./ Productio
n Billing Rate (Per Hour) $125.00 $115.00
Task 1 - Project Management and Coordination 0.0 0.0 77.0 Task 2 - Community Outreach and Engagement 0.0 0.0 104.0 Task 3 - Housing and Special Needs 0.0 0.0 32.0
Task 4 - Housing Constraints 0.0 0.0 20.0
Task 5 - Existing Housing Element 0.0 0.0 20.0
Task 6 - Site Inventory 0.0 0.0 62.0
Task 7 - Goals, Policies, Programs, and Objectives 0.0 0.0 40.0 Task 8 - Rezoning 0.0 0.0 52.0
Task 9 - Draft Housing Element and Public Hearings 5.0 4.0 99.0 Task 10 - Final Draft Hearings, Final Adoption, and 5.0 4.0 69.0 Task 11 - CEQA Documentation (IS/MND) 10.0 9.0 212.0
Subtota l (Hours) 20.0 17.0 Tota l Subtota l (Cost) $2,500.00 $1,955.00 7 8 7 .0 Additional Costs Production Costs Travel Costs Postal/Deliverables Miscellaneous Administra tive Ove rhea d 10% Tota l Haxagon Transportation Consultants (IS/MND) Bang the Table Subc onsulta nt Overhe ad 10% Tota l Total Costs $1,800.00$ 19 ,8 0 0 .0 0
$ 17 0 ,3 6 0 .00
$200.00
$400.00
$200.00
$200.00
$100.00
$ 1,10 0 .0 0
Subconsultant Fees $10,000.00
$8,000.00
$15,250.00 $44,550.00 $50,800.00 $26,700.00 $760.00 $1,820.00 $5,125.00 $ 149,460.00

34.0 10.0 30.0 94.0 4.0 14.0 7.0 $36,590.00

61.0 198.0 254.0 178.0 4.0 14.0 41.0 Tota l Cost 6.0 40.0 32.0 4.0 0.0 0.0 8.0 $19,585.00

4.0 24.0 24.0 4.0 0.0 0.0 4.0 $13,385.00

8.0 24.0 4.0 4.0 0.0 0.0 0.0 $8,800.00

4.0 8.0 32.0 4.0 0.0 0.0 4.0 $10,300.00

0.0 4.0 0.0 16.0 0.0 0.0 0.0 $3,300.00

0.0 16.0 32.0 4.0 0.0 0.0 10.0 $11,850.00

0.0 4.0 4.0 16.0 0.0 0.0 8.0 $5,100.00

0.0 4.0 0.0 16.0 0.0 0.0 0.0 $3,300.00

5.0 16.0 48.0 8.0 0.0 0.0 0.0 $15,650.00

0.0 48.0 48.0 8.0 0.0 0.0 0.0 $21,600.00 Monte Sereno 6th Cycle Housing Element Update EMC Planning Group Inc. Senior Principal Principal Principal Planner Associate Planner Principal Biologist Associate Biologist Graphics Tota l Hours Tota l Cost $250.00 $225.00 $200.00 $150.00 $190.00 $130.00 $125.00

1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN EMC PLANNING GROUP AND THE CITY OF MONTE SERENO This First Amendment to the Agreement for Professional Services (“First Amendment”) dated June 7, 2022 is made and entered into by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as “City”, and EMC Planning Group, a California corporation, hereinafter referred to as “Consultant”.

RECITALS
A. City and Consultant entered into an Agreement for Professional Services on dated June 4, 2021 ("Agreement") to provide engineering services; and B. In order to address the data and community outreach needs to satisfy the Affirmatively Further Fair Housing requirements, the City has agreed to (1) amend the scope of services described in Exhibit A to the First Amendment and (2) compensate Consultant in an amount not to exceed $39,975 for the additional services.

C. In order to support additional community outreach efforts for the Accessory Dwelling Unit outreach and incentives as well as the community wide survey on SB-9 regulations, the City has agreed to (1) amend the scope of services described in Exhibit A to the First Amendment and (2) compensate Consultant in an amount not to exceed $11,625 for the additional services.

NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

AGREEMENT

1. Except as expressly modified by this First Amendment, the Agreement remains in effect in its entirety and all of its terms shall be in full force.

2. Scope. Consultant shall provide additional services, subject to all of the terms of the Agreement, as described in Exhibits A-1 and A-2 attached hereto and incorporated herein by reference. Compensation shall be based on the hourly billing rates and costs specified in Exhibit A to this First Amendment, for an amount not to exceed $51,600 for the additional services.

3. This First Amendment may be executed in counterparts. [SIGNATURES ON FOLLOWING PAGE]

2 IN WITNESS WHEREOF this First Amendment is executed by City and by Consultant.

CONSULTANT: CITY OF MONTE SERENO:
___________________________ ____________________________ By: Michael Groves, AICP Steve Leonardis, City Manager
EMC Planning Group
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Sergio Rudin, City Attorney Michelle Estabillo, City Clerk

June 1, 2022
Diana Perkins
City Planner
City of Monte Sereno
18041 Saratoga‐Monte Sereno Road
Monte Sereno, CA 95030
Re: Monte Sereno Housing Element Update (2023‐2031) ‐ Contract Amendment #1 Dear Diana:

This is a request for a contract amendment to add scope and budget for additional expanded community education and engagement efforts. Each of these items is described below.

Expanded Community Education and Engagement
Responsive to Council guidance and state encouragement for inclusive outreach efforts to best understand housing needs specific to the region, our update process will provide opportunities for increased community education and engagement. This includes partnering with West Valley Community Services to best address AB 686, Affirmatively Furthering Fair Housing.

Cost: $26,975
Task 1. Project Management/Administration
Continued project coordination, communications, reporting, consultation, scoping, budgeting and amendments, scheduling, and deliverables. This task also includes working with the subconsultants on their respective assigned tasks and reviewed/finalizing their deliverables including presentations.

Cost: $6,000
Exhibit A

Diana Perkins, City Planner
City of Monte Sereno
June 1, 2022, Page 2
Task 2. Community Outreach and Engagement
EMC Planning Group team will continue to provide support for the Monte Sereno Planning Department for tasks associated with the Housing Element update, including provision additional educational and survey of materials for on‐the‐ground activities planned by decision‐makers.

Cost: $11,625
Task 3. Housing and Special Needs
EMC Planning Group team will incorporate quantitative and qualitative data to provide intensified analysis responsive to growing comprehension of state expectations for Affirmatively Furthering Fair Housing.

Cost: $7,000
Budget
The following table summarizes the original budget and this amendment.

Original Housing Element & Safety Element Budget
(including CEQA‐reserved budget of $36,590)
$ 170,360
New or Expanded Costs (EMC Planning Group) $24,625
New or Expanded Costs (West Valley Community
Services)
$23,225
Budget After this Amendment   $221,960
The total amendment cost is $51,600.40. Attached is a scope of work for West Valley Community Services. It is a pleasure working with you. We value your partnership with this Housing Element update process.

Sincerely,
Ande Flower
Principal Planner

Task
Staff Senior
Principal Principal Principal Planner
Associate
Planner
Assistant
Planner
Reg. Prof.

Archaeologist Graphics Admin./ Production
Billing Rate (Per Hour) $250.00 $225.00 $200.00 $150.00 $125.00 $125.00 $95.00 $115.00 Task 1. Project Management and Coordination 2.0 0.0 20.0 10.0 0.0 0.0 0.0 0.0 32.0 $6,000.00 Task 2. Community Outreach and Engagement 0.0 0.0 25.0 20.0 0.0 0.0 20.0 15.0 80.0 $11,625.00 Task 3. Housing and Special Needs 0.0 0.0 20.0 20.0 0.0 0.0 0.0 0.0 40.0 $7,000.00 Subtotal (Hours) 2.0 0.0 65.0 50.0 0.0 0.0 20.0 15.0 Total Hours Total Cost Subtotal (Cost) $500.00 $0.00 $13,000.00 $7,500.00 $0.00 $0.00 $1,900.00 $1,725.00 152.0 $24,625.00 Additional Costs
Printing for outreach deliverbles
Zoom Community Meeting Support
Administrative Overhead 10%
Total
Subconsultant Fees
West Valley Community Services
Subconsultant Overhead 10%
Total
Total Costs
Monte Sereno Housing Element - New or Expanded Tasks - CA#1 EMC Planning Group Inc.

Total Cost Total
Hours
$1,000.00
$3,750.00
$250.00
$2,500.00
NOTE: This proposal is valid for 90 days.
$21,114.00
$51,600.40
$2,111.40
$23,225.40

Attachment A:

West Valley Community Services
Monte Sereno 6th Cycle Housing Element: Scope of Work
To: Ande Flower, Principal Planner, EMC Planning Group
From: Kylie Clark, Public Policy Coordinator, West Valley Community Services Date: April 22, 2022
Re: AFFH Scope of Work for Monte Sereno 6th Cycle Housing Element Overview
West Valley Community Services (WVCS) is a nonprofit organization fighting poverty by providing critical food, housing, and support services to the low income and homeless individuals and families in the West Valley communities of Cupertino, Los Gatos, Monte Sereno, Saratoga, and West San Jose. In just the past year, 3,168 individuals received critical help from the organization, with 1,207 of those individuals receiving assistance from the agency for the first time. WVCS distributed $1,265,686 in emergency assistance to help 573 individuals avoid homelessness or move into permanent housing.

Because of West Valley’s close interaction with the low-income, unhoused, racially diverse, and non-English-speaking members of our community, the agency is well-positioned to engage these individuals, who are most in need of housing and support, in the Housing Element process. These are also the populations whose involvement is necessary to meet Affirmatively Furthering Fair Housing (AFFH) requirements. WVCS has the experience and capacity to support our clients emotionally and logistically as they navigate sharing their lived experience, such as experiencing homelessness, navigating affordable housing, and living as low-income individuals. With more than 48 years of operating experience, WVCS has unique expertise that can be leveraged to help clients engage in the Housing Element process.

Kylie Clark, the Public Policy Coordinator at WVCS, would be the point-person and leader of the tasks and responsibilities outlined in this document. WVCS recently created the Public Policy Coordinator position to bring the agency into conversations, focusing on uplifting our clients to participate in areas that they don’t traditionally have access to. The coordinator spends time in the community and with clients to bring people together and provide education. Kylie would use her expertise and connections with clients, community members, Community Based Organizations (CBOs) and nonprofits to engage the community at-large and help our cities meet AFFH requirements.

Attachment A:

West Valley Community Services
Monte Sereno 6th Cycle Housing Element: Scope of Work
Scope of Work
Task/Need Description Est. Time
Host 2 community
meetings
Host 2 focus groups, each focusing on a different
population/issue as determined in conjunction with
the Council and EMC Planning Group/ .

For example: Disability, homelessness, racism,
immigration, families, etc. The community meetings
would be formatted like the Housing Element events
WVCS has hosted in Cupertino and Los Gatos.

This will include a thorough post-meeting written
report which can be added to the final Housing
Element. This will provide justification for policies and demonstrate the inclusion of low-income and
underrepresented community members, as well as
the community at-large.

Planning: 15
hours per
focus group /
30 hours
total
Reporting: 3
hours per
focus group /
6 hours
Total: 36
hours
Faith community
outreach
Coordinate outreach to the west valley’s faith
communities, including:
• Email and phone outreach
• One-on-one conversations with faith leaders
in the community
• Focus groups
• Education/awareness
One of the primary purposes of this outreach will be
to raise awareness about the Housing Element and
bills such as AB 1851, which makes it easier for faithbased organizations to build affordable housing on their parking lots, with an emphasis on how to get
involved in the process. The purpose is also to make
it easier for faith-based groups to get involved in the process, and to ensure their voices are included.
15 hours
Individual interviews
and videos
WVCS will create videos of clients speaking about
housing and their lived experience, and these will be
displayed on the Monte Sereno Housing Element
website. Clients will be compensated for their time
and vulnerability.
10 hours
Client recruitment and
leadership
Because WVCS is very connected with those
recommended by HCD to be involved in the Housing
Element, the agency will use these connections to
15 hours

Attachment A:

West Valley Community Services
Monte Sereno 6th Cycle Housing Element: Scope of Work
recruit clients for participation. This will be done
through in-person outreach, emails, phone calls,
flyers, coordinate case management, and more.

Client
involvement/feedback
WVCS will gather data and feedback from clients that
will be used to inform the Monte Sereno Housing
Element. This will include surveys, meetings, focus
groups, and more. Client involvement and feedback
will be crucial for a successful Housing Element.
10 hours
Budget
Cost Notes
Personnel Expenses
Program Associate $15,300 30% FTE
Taxes & Benefits @ 20% $3,060
Total - Personnel $18,360
Administrative Overhead @ 15% $2,754
Total Expenses $21,114

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Appointment of Monte Sereno Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Recommendation(s):

Staff recommends that the City Council re-appoint Monte Sereno resident Barry Chaffin as the Monte Sereno representative on the Valley Transportation Authority Bicycle and Pedestrian Advsory Committee.

Background Information:

The Bicycle and Pedestrian Advisory Committee (BPAC) is an advisory committee established by the Santa Clara County Valley Transportation Authority Board of Directors that advises the Board on funding and planning issues for bicycle and pedestrian projects. It also serves as the countywide bicycle advisory committee for Santa Clara County. The committee is comprised of 16 members representing each of the 15 cities and the County. Each member serves a term of two years.

Barry Chaffin has served as the Monte Sereno representative to the BPAC since 2014. Mr.

Chaffin's current term ends June 30, 2022. The City conducted recruitment for this position and received an application from Mr. Chaffin seeking reappointment. No other applications were received.

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:

Correspondence from VTA
B. Chaffin Application

Santa Clara Valley Ykransportation Authority
March 25, 2022
Steve Leonardis
City Manager
City of Monte Sereno
18041 Saratoga—LosGatos Road
Monte Sereno, CA 95030
Subject: Appointment to VTA BPAC for the 2022-2024 Term Dear Mr. Leonardis:

This is to request that the City of Monte Sereno appoint its representative to VTA’s Bicycle & Pedestrian Advisory Committee (BPAC) for the two-year term.

The BPAC is a 16—member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects in the county. As a VTA Member Agency, the City of Monte Sereno has one voting position on this committee.

The BPAC bylaws specify that each Member Agency appoints one individual as a representative of its local bicycle advisory committee. Member Agencies that do not have such a committee may appoint an individual interested in bicycle or pedestrian issues. BPAC Members are appointed for a two-year term that ends on June 30 of even—numberedyears and may be re—appointedto multiple and consecutive terms. Members must live and/or work in Santa Clara County during their term, and cannot be staff of either VTA or the Member Agency they represent. All BPAC appointments require rati?cation by the VTA Governance and Audit Committee. A copy of the BPAC bylaws is attached for your convenience.

The term of Monte Sereno’s current BPAC representative, Barry Chaf?n, has expired.

We request the City of Monte Sereno initiate the action necessary to eitherreappoint Mr. Chaf?n or appoint another representative for the two-year term that begins on July 1, 2022. As a reminder, the appointing authority may remove or replace place its BPAC representative anytime during the term, subject to the replacement appointee meeting the stated eligibility requirements and ratification by the VTA Governance and Audit Committee.

When Monte Sereno has selected its appointee, please notify VTA in writing indicating your appointee’s name, full address and contact information. If appointing a new member, the memo should also include the appointee’s daytime telephone number, email address, and a brief biography (usually one or two paragraphs maximum that indicates their background, occupation, education, employer, how long they have lived in the area, etc.).

For expediency and surety, please scan and email the signed letter and/or mail the original to:
3331 North First Street Administration 4D8—32l<5555 _
San Jose, CA 95134-1927 Customer Service 408521-2300 Solutions that move you

Steve Leonardis
March 25, 2022

e~mail: [email protected]
U.S. Mail: VTA Board Secretary
3331 North First Street, Building B
San Jose, CA 95134-1906
Your assistance with this appointment will be greatly appreciated. If you have questions, please contact eitherMichelle Oblena,Advisory Committee Coordinator, at rnichelleoblena vta.or or (408) 464-7874 or myself at (408) 321-7578 or (408) 464-7740.

Sincerely,
/
-
/
Elaine F. Bal ao
VTA Board Secretary
cc: Jessica Kahn, Technical Advisory Committee (TAC) member VTA Office of the Board Secretary ?le

CITY OF MONTE SERENO

VALLEY TRANSPORTATION BICYCLE AND PEDESTRIAN

COMMITTEE APPLICATION
Submit to: Office of the City Clerk
18041 Saratoga-Los Gatos Road
Telephone: (408) 354-7635 Fax: (408) 395-7653 Email: [email protected] Submittal Deadline – 5:00 p.m. May 31, 2022
Please type or print legibly
Previously Held Elected or Appointed
Governmental Positions Position/Office Held Dates
Civic or Charitable Organizations
You Have Belonged To Position/Office Held Dates
Education Degree Dates
Signature: Date:

First Name:

City: Zip:

Work Phone:

Fax:

Job Title:

Last Name:

Address:

Home Phone:

Email:

Present Employer:

Length of Residency in Monte Sereno:

1. If appointed, what qualities, experience and expertise would you bring to VTA BPAC?

2. Describe your involvement and/or experience with Countywide bicycle/pedestrian systems.

3. What do you consider major (or minor) issues facing the community/County regarding bicycle and pedestrian systems?

4. What is it about this Commission that interests you?

5. What is your understanding of the objectives of the BPAC?

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) Recommendation(s):

Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.

Background Information:

AB 361 was signed by the Governor of the State of California and went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.

The key differences between existing Executive Order N-08-21, which expires September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment, however, the City of Monte Sereno’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing.

Determinations by the local agency that the emergency impacts the ability to meet safely inperson must be re-visited every 30 days.

At its September 21, 2021 meeting, the City Council adopted Resolution No. 21-3826 authorizing virtual City Council meetings during declared state of emergency pursuant to Government Code. The City Council determined that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings. At present, risk of COVID-19 due the delta and omicron variant remains high; the CDC reports that for the period between the period between May 26, 2022 and June 2, 2022 that Santa Clara County had “high” community transmission with 421.14 case rate per 100,000 population, 10.1 new COVID-19 admissions per 100,000 population, and 4.6% staffed

inpatient beds in use by patients with confirmed COVID-19. Due to the ongoing state of emergency, staff believes that the City Council can re-adopt its previous findings, and authorize continued virtual meetings for the next 30 days.

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:

Resolution

RESOLUTION NO. 22-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AUTHORIZING

VIRTUAL CITY COUNCIL MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)
WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and
WHEREAS AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020 related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, the CDC reports that for the period between May 26, 2022 and June 2, 2022 that Santa Clara County had “high” community transmission with 421.14 case rate per 100,000 population, 10.1 new COVID-19 admissions per 100,000 population, and 4.6% staffed inpatient beds in use by patients with confirmed COVID-19; WHEREAS, the County of Santa Clara Health Officer ordered on August 2, 2021, that face coverings be used in all indoor settings, including all governmental meetings, and recommended that governmental entities move operations and activities outdoors where possible as a result of the continued transmission of the Delta and Omicron Variant of COVID-19;
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section

54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that:

1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings.

2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.

3. The Legislative Bodies, and City staff, are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

REGULARLY passed and adopted this 7th day of June, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Javed I. Ellahie, Mayor
ATTEST:

Michelle Estabillo, City Clerk

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Review and Accept Biennial Review of the City of Monte Sereno's Conflict of Interest Code
Recommendation(s):

Staff recommends that the City Council accept staff's review identifying no changes in the City's Conflict of Interest Code and adopt a resolution of the City Council of the City of Monte Sereno acting as the code reviewing body for the Conflict of Interest Code approving the Conflict of Interest Code of City of Monte Sereno staff.

Background Information:

California Government Code Section 87300 requires the City to adopt and promulgate a Conflict of Interest Code containing certain provisions for the disclosure by designated staff, certain contract employees, and consultants of reportable investments, business positions, interest in real property, and income in accordance with the disclosure categories outlined in Government Code Section 87302. In addition, California Government Code Section 87306 requires that no later than July 1 of each even-numbered year, the code reviewing body (City Council) shall direct every local agency which has adopted a Conflict of Interest Code and, if a change in its Conflict of Code is necessary by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body. Staff completed its review and found no changes in the City's Conflict of Interest Code.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this staff report.

Attachments:

Resolution
Exhibit A - Reso No 20-3798 Conflict of Interest Code dated 12-01-2020 Local_Agency_Biennial_Notice_Instructions
Local_Agency_Biennial_Notice

RESOLUTION NO. 22-XXXX

RESOLUTION OF THE CITY COUNCIL O FTHE CITY OF MONTE SERENO ACTING AS THE CODE REVIEWING

BODY FOR THE CONFLICT OF INTEREST CODE AND APPROVING THE CONFLICT OF INTEREST CODE OF THE

CITY STAFF OF THE CITY OF MONTE SERENO
WHEREAS, pursuant to Government Code Section 87306.5, the City Clerk’s Office for the City of Monte Sereno submitted a report identifying no changes in its Conflict of Interest Code for review and approval by the City Council.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTE SERENO CITY COUNCIL that there are no amendments to the Conflict of Interest Code for City of Monte Sereno staff, copies of which are attached as Exhibit A and also kept on file with the City Clerk and dated December 1, 2020. Passed this 7th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Javed I. Ellahie, Mayor
ATTEST:
___________________________
Michelle Estabillo, City Clerk

[email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2022 • Page 1 of 1

FAIR POLITICAL PRACTICES COMMISSION
2022 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 3, 2022: The biennial notice must be filed with the agency’s code reviewing body.

The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Appoint Members to the 2022-2023 Monte Sereno Youth Commission
Recommendation(s):

Staff recommends that the City Council consider applications for the 2022-2023 Monte Sereno Youth Commission and appoint the five applicants to the Youth Commission.

Background Information:

The Youth Commission ordinance calls for appointments of Youth Commissioner annually and allows for up to fifteen (15) Youth Commissioners. Each member of the City Council can appoint one member of the Youth Commission. The remaining ten appointments are at-large appointments. This year, the City received applications from the following six Monte Sereno youth:
• Ilaria Costello*
• Sahil Varma*
• Matthew Evans*
• Vardaan Ghai*
• Portia Zeidler
• Johann Jacob
We have the capacity to appoint ten more applicants if the City Council wishes to extend the deadline due to COVID-19. The asterisk (*) denotes applicants who served on the 2021-2022 Youth Commission.

The appointed applicants will be required to fill out and sign the Monte Sereno Youth Volunteer Waiver and Release of Liability form.

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:

Youth Commission Applications
Monte Sereno Youth Volunteer Waiver and Release of Liability Form

I want to be on the Youth Commission to be more involved with my community. I have been a leader in multiple organizations both in and out of school, however, I would like to be a part of something that benefits my own Monte Sereno community. I had a great time in my freshman year being part of the committee. In that year, we created the Monte Sereno Social Justice Scholarship Award. It was such a great experience going through all the submissions and selecting the winners with my fellow commissioners. I hope to recreate some of that energy and start something new that brings the people in Monte Sereno together.

In the past year, I have been heavily involved with the organization Child Advocates of Silicon Valley(CASV), a nonprofit that ensures Santa Clara County foster children have a stable adult in their life. As part of this, I led the creation of a merchandise store to help fundraise and raise brand awareness. I also created budget plans and marketing/promotional material for the organization. Additionally, a few friends and I started the Tribute to Fallen Heroes charity concert in an effort to raise money for the families of firefighters who lost someone in the line of duty. I created a social media marketing campaign, got musicians from around the country to come to perform, and performed myself. In 2020, we raised $12,000, in 2021 we raised $18,000, and we only have bigger plans for next year. Because of these experiences, I have gained many skills, the main few in marketing, public relations, and communication. I also understand how important it is to be flexible and adaptable. After organizing many events for both CASV and the California Fire Foundation, I am able to quickly solve issues when things do not go 100% according to plan.

Basketball(ends in February)
TEDxHarkerSchool(ends in November)
Child Advocates of Silicon Valley Intern
Given the COVID-19 pandemic, I believe mental health is an extremely important issue for the youth of Monte Sereno. Other things that contribute to this are social anxiety, lack of sleep, and stress. Another issue is the inability to communicate with the elderly. There is such a big generation gap that the feeling of community between the youth and elderly has been lost.

While I do not have any specific career interests at the moment, I would like to go into a career involving finance, economics, and statistics.

OAK #4827-3493-4715 v1

CITY OF MONTE SERENO YOUTH VOLUNTEER

WAIVER AND RELEASE OF LIABILITY FORM
In consideration of being allowed to participate in a City of Monte Sereno commission or volunteer program, I acknowledge and agree that:

1. My child (or I) is volunteering my services for the City of Monte Sereno on a voluntary basis without anticipation of payment of any kind.

2. I acknowledge that the City of Monte Sereno may extend its workman's compensation coverage to authorized volunteers and I agree to accept that coverage.

3. My child (or I) will perform tasks that are within his/her (or my) physical capability to the best of his/her (or my) ability, and my child (or I) will not undertake tasks that are beyond his/her (or my) ability. I certify to the best of my knowledge, that my child's (or my) current physical condition is satisfactory for participation in this activity, and that he/she (or I) am free of any health problem that would affect his/her (or my) ability to participate.

4. I agree to inform my child (or I agree) not to use any equipment or tools with which my child (or I) am unfamiliar or do not know how to operate safely.

5. I agree to inform my child (or I agree) to perform only those tasks assigned, observe all safety rules, and use care in the performance of assignments.

6. I agree that my child (or I) may be photographed, videotaped or recorded and that said photographs, videos or recordings may be used for promotional materials by the City. I understand that my child (or I) will not receive compensation for the use of these and that my child (or I) will not be given notice of when these materials are used.

7. I acknowledge that the City will defend and indemnify my child (or myself) in any claim or action arising from my child's (or my) acts that are within the scope of my child's (or my) duties as a volunteer, but only to the extent that such indemnification or defense is expressly required by law. I further acknowledge that the City is not required to indemnify my child (or me) against a claim for punitive damages except as authorized by the City Council pursuant to Government Code Section 825 (b). I agree, however, to defend and indemnify the City in any claim or action arising from my child's (or my) acts that are outside the scope of my child's (or my) volunteer duties.

8. In the event that my child (or I) use a personal vehicle in order to participate in any City-related commission or volunteer activity, I agree to maintain my own automobile liability insurance for bodily injury and property damage, which shall be the primary insurance coverage, and that any insurance or self-insurance maintained by the City shall be considered excess of such insurance and shall not contribute with it. I hereby also grant a waiver of any right of subrogation which any such insurer may acquire against the City by virtue of the payment of any loss.

9. I acknowledge that loss or damage to my child's (or my) personal property used while providing volunteer services may not be reimbursable under City regulations.

10. I hereby authorize and give my consent for medical care to be given in an emergency situation to the below named child (or to me) while volunteering.

11. THIS AGREEMENT IS BINDING ON MY HEIRS, PERSONAL REPRESENTATIVES, NEXT OF KIN, SPOUSE AND ASSIGNS.

Volunteer's Name (print) ___________________________________________ Date of birth ____/____/____
Address __________________________________________________________ City ___________________________ Zip _______-_____ Phone # ( )_______________ Emergency Phone #'s ( )______________________/ ( )______________________ Volunteer's Signature (if participant is 18 years or older) ________________________ Date Signed ____/____/____
Parent/Legal Guardian signature required if volunteer is 17 years of age or younger.

This is to certify that as a parent/legal guardian of this volunteer, I do consent to his/her waiver and release as set forth above. My child has my permission to volunteer. I realize that participation in this program is voluntary.

Parent/Guardian Name (print) _______________________________ Relationship______________________ Parent/Guardian Signature __________________________________________ Date Signed ____/____/____

From: Johann Jacob
To: Michelle Estabillo
Subject: Re: Monte Sereno Youth Commission Application
Date: Saturday, June 4, 2022 11:38:19 AM
Dear Mrs. Estabillo,
It would be great if I could add one more piece of information to my application for the Monte Sereno 2022 Youth Commission.

On Wednesday June 1st, I was given the Jeff Peckler award - for kindness and compassion, from Fisher Middle School.

Please let me know if you have any questions about this.

Thanks!
- Johann
On Tue, May 31, 2022 at 5:50 PM Johann Jacob <[email protected]> wrote:

Thank you! Please let me know if you need any more information. - Johann
On Tue, May 31, 2022 at 5:39 PM Michelle Estabillo <[email protected]> wrote:

Thank you Johann! This will go to the council for consideration at it’s June 7th meeting. I will notify you after the meeting on the Council’s decision. Thank you! Sent from my iPhone
On May 31, 2022, at 5:03 PM, Johann Jacob <[email protected]> wrote:

Dear Sir/Madam,
Attached is my application for the Monte Sereno Youth Commission for 2022.

Please let me know if you have any questions about this.

Thanks,
- Johann

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Adopt a Resolution Ordering and Calling a General Municipal Election to be held in the City of Monte Sereno on November 8, 2022; Requesting the Services of the Registrar of Voters; Requesting Consolidation of Elections and Specifying Certain Policies and Procedures for the Consolidated Election; Determining to Levy a Cost of Candidate Statements; Requiring Payment of Candidate's Filing Fee; and Providing for Giving Notice of Election
Recommendation(s):

Staff recommends that the City Council adopt a resolution of ordering and calling a General Municipal Election to be held in the City of Monte Sereno on November 8, 2022; requesting the services of the Registrar of Voters; requesting the consolidation of election and specifying certain policies and procedures for the consolidation of election; determine to levy a cost of candidate's statements; requiring payment of candidate's filing fee; and providing for giving Notice of Election.

Background Information:

In order for the City to consolidate with the Santa Clara County Registrar of Voters Office and request election services, the Monte Sereno City Council must adopt a resolution requesting such services and specifying the manner in which those election services shall be administered. The attached resolution provides this direction for the General Municipal portion of the election only.

Most election matters are regulated by the California Elections Code. However one of the items which is left to the discretion of the City Council is levying, waiving, or subsidizing the cost of the optional Candidate Statement. The Candidate Statement is an optional 200 word paragraph that a candidate may choose to have printed in the County's election guide. It is most commonly used to express the candidate's position on matters of the community interest and provide background information and qualifications of the candidate for the office which they seek. The estimated cost of the candidate statement for the November 8, 2022 election is $2,400.00. With the exception of one election, the City Council historically has chosen to charge the full cost of candidate statements to the candidates seeking office. Staff recommends that the cost of the optional candidate statement be charged in full to the candidate.

Fiscal Impact:

Should the City Council decide to either bear the full cost of the Candidate Statement of subsidize a portion of the cost, the fiscal impact would be equal to the subsidy amount or the number of candidates multiplied by at least $2,400.00 which is the estimate provided by the Registrar of Voters as of this report's publication. It is important to note that the Registrar of Voters is currently reevaluating its fee schedule and the final election cost estimate may not be available until the fall. As of this report's publication, the November 8, 2022 estimated election costs based on three (3) City Council seats are:
a) Base Charges
Initial Item - City Council Seats (3) $6,182.00
b) Estimated Shared Printing Costs
and Notice of Election - Minimum
Charge $1,500.00
Total Estimated Fees & Costs: $7,682.00
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:

Resolution

RESOLUTION NO. 22-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MONTE SERENO ON NOVEMBER 8, 2022; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN POLICIES AND PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY A COST OF CANDIDATE’S STATEMENT; REQUIRING PAYMENT OF CANDIDATE’S FILING FEE; AND

PROVIDING FOR GIVING NOTICE OF ELECTION
WHEREAS, a general municipal election will be held in the City of Monte Sereno on Tuesday, November 8, 2022 for the purpose of electing three (3) City Council members for a full term of four years to serve on the City Council; and
WHEREAS, it is in the best interest of the City of Monte Sereno to consolidate the city election with the county and statewide elections to be conducted on November 8, 2022; and BE IT RESOLVED by the City Council of the City of Monte Sereno as follows:

1. A general municipal election hereby is called to be held in and for the City of Monte Sereno on Tuesday, November 8, 2022, to elect three (3) City Councilmembers, each for a full term of four (4) years.

2. Pursuant to Section 10403 of the Elections Code, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to make available the services of the Registrar of Voters for the purpose of performing the usual services necessary in the conduct of the consolidated municipal election, including the provisions of election supplies and voter’s pamphlets, and requests the Santa Clara County Board of Supervisors to order the consolidation of the general municipal election hereby called with the statewide gubernatorial election to be conducted within the boundaries of the City of Monte Sereno on November 8, 2022 with respect to which the Santa Clara Board of Supervisors has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the statewide gubernatorial election.

3. Upon consolidation, the consolidated election shall be held and conducted in the manner prescribed in Election Code Section 10418. The ballots to be used at the election shall be in form and content as required by law.

4. The City Clerk be and is hereby authorized and directed to provide all required notices of the general municipal election within the time and in the manner specified in the Elections Code, and to forward to the Board of Supervisors and the County elections official a copy of this resolution following its adoption.

5. In accordance with Elections Code 10403, the names of the candidates to appear upon the ballot regarding the city election shall be filed with the county elections official no later than 81 days prior to the election.

6. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate’s statement not to exceed two hundred (200) words in length in the voter’s pamphlet, the actual prorated costs of printing, handling, and translating the candidate’s statement, if any, incurred by the City of Monte Sereno. The City Clerk shall provide written notice to such effect with each set of nomination papers issued. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The estimated cost of the candidate statement for the November 8, 2022 election is $2,400.00, and shall be paid in advance as a deposit as a condition of having his or her statement included in the voter pamphlet. The City Clerk shall compute the actual costs of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended) and compute each candidate’s pro rata share of that total cost. The City Clerk may require the candidate to pay, on a pro rata basis, the balance of cost incurred in the event that the deposit required is an underestimate. In the event of overpayment, the clerk Page 74 of 98 shall pro rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

7. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

This Resolution shall take effect from and after its adoption. This resolution was duly and regularly adopted and passed by the City Council of the City of Monte Sereno, California on the 7th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________________
Javed I. Ellahie, Mayor
ATTEST:
__________________________________
Michelle Estabillo, City Clerk

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Planner
Title: Discussion and Consideration of Forming a Housing Element Update Ad Hoc Committee and Appointment of Ad Hoc Committee Members Recommendation(s):

Staff recommends that the City Council discuss and consider forming a Housing Element Update Ad Hoc Committee.

Public Noticing:

The Site and Architectural Commission's agenda was posted at City Hall and the agenda and this report appear on the City’s website.

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Consider and Adopt a Resolution Setting the Appropriations Limit for Fiscal Year 2022-2023
Recommendation(s):

Staff recommends the City Council adopt a resolution setting the Appropriations Limit for Fiscal Year 2022-2023 based upon the Price Factor and Population data provided by the State of California Department of Finance.

Background Information:

Article XIII B of the California Constitution requires the City Council to annually set an "appropriations limit" by resolution. The appropriations limitation imposed by Propositions 4 and 111 creates a restriction on the amount of revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year and is increased each year using growth of population and inflation factors.

Attached is the calculation for the year's appropriations limit, which is $8,119,835 (see Attachment 2). The proposed budget for Fiscal Year 2022-2023 is $5,639,982 and is below the appropriation limit set for the upcoming fiscal year.

Public Noticing:

The City Council's agenda was posted at City Hall and the agenda, and this report appear on the City's website. While the law does not require a public hearing, a Notice of Intent to Adopt a Proposed Appropriations Limit for the 2022-2023 fiscal year has been posted in three locations of the City of Monte Sereno to provide ample public notice.

Attachments:

Attachment 1 - Resolution (Updated 06-01-2022)
Attachment 2 - Appropriations LimitCalculations.2022-2023 (Updated Final 06-01-2022) Appropriations Limit Calculation FY 2022-23 (Updated 06-01-2022) Notice of Intent to Adopt Appropriations Limit for FY2022-23

RESOLUTION NO. 22-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO STATE OF CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE 2022-2023 FISCAL YEAR
RESOLVED, by the City Council of the City of Monte Sereno, County of Santa Clara, State of California, that
WHEREAS, annually the City of Monte Sereno is required to establish its appropriations limit for each year pursuant to Article XIII B of the California Constitution; and WHEREAS, the City Council, did consider on Tuesday, June 7, 2022 at the hour of 7:00 P.M. in the Council Chambers in the City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California, the proposed appropriations limit for the Fiscal Year 2022-2023; and WHEREAS, the City Council has made available to the public the documentation used in determining the appropriations limit prior to the date of the meeting at which the appropriations limit is proposed to be adopted, and the City Council having heard all persons desiring to speak on the matter, and having fully considered the matter.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. The City Council does hereby approve and select the percentage change in California per capita personal income as the cost-of-living factor to be used in computing the appropriation limit for the City of Monte Sereno for the Fiscal Year 2022-2023.

2. The City Council does hereby establish as its appropriations limit for the Fiscal Year 2022- 2023, the following: $8,119,835

3. The City Council does hereby establish the appropriations subject to limit for the Fiscal Year 2022-2023 is $5,763,098

4. The City Council does hereby establish the appropriations under limit for the Fiscal Year 2022-2023 is $2,356,737
REGULARLY passed and adopted this 7th day of June, 2022.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________
Javed Ellahie, Mayor
ATTEST
___________________________
Michelle Estabillo, City Clerk

ATTACHMENT 2

CITY OF MONTE SERENO
FY 2022-2023 APPROPRIATIONS LIMIT
Per Capita Change 1.0755
* Population Change 1.0087
Calculation Factor FY22-2023 = 1.0755 x 1.0087 1.0849
FY 21-22 Limit $7,484,409 x 1.0849 $8,119,835
Appropriations Subject to Limit $5,763,098
Appropriations under Limit $2,356,737
* On June 5, 1990, the California electorate passed Proposition 111 which modified the method of adjusting the annual appropriations limit. Beginning with the 1990-91 appropriations limit, the City may choose from the following indices when determining the adjustment factor:

The annual growth in the City’s population OR the annual growth in the County’s population as provided by the State Department of Finance.

AND
The annual growth in the California Per Capita Personal Income OR the growth in the nonresidential assessed valuation due to new construction within the City.

In computing the 2022-2023 appropriations limit, the population growth of the City of Monte Sereno and the California Per Capita Personal Income change were used.

CITY OF MONTE SERENO

ARTICLE XIII B APPROPRIATIONS LIMIT CALCULATION
Total Appropriations per final 1978-79 Budget
Base year budget (by fund):

General Fund 134,399
Capital Fund 976,707
General Fund Contingency Reserve 32,319
Special Funds Contingency Reserve 35,420
Total 1,178,845
Less Non-Proceeds of Taxes 121,798
(All Funds – See Revenue Analysis) 1,057,047
Plus Excess User Fees ______0
1978-79 Base Year Appropriations Limit 1,057,047

ANNUAL FACTOR
Change in Cost of Change in Per Change in Total Annual
Year Living by CPI (2) Capital Income (1) Population (2) Factor______ 1979-80 1.1017 NA 1.0063 1.1086
1980-81 NA 1.1211 1.0221 1.1459
1981-82 NA 1.0979 1.0058 1.0975
1982-83 1.0679 NA 0.9892 1.0564
1983-84 NA 1.0235 1.0061 1.0297
1984-85 1.0474 NA 1.0012 1.0487
1985-86 1.0374 NA 0.9971 1.0344
1986-87 1.0230 NA 1.0014 1.0244
1987-88 1.0304 NA 0.9841 1.0141
1988-89 1.0393 NA 0.9874 1.0262
1989-90 1.0498 NA 0.9759 1.0244
1990-91 NA 1.0421 1.0038 1.0460
1991-92 NA 1.0414 1.0271 1.0696
1992-93 NA 0.9936 1.0227 1.0162
1993-94 NA 1.0272 1.0046 1.0319
1994-95 NA 1.0071 1.0231 1.0304
1995-96 NA 1.0472 0.9729 1.0188
1996-97 NA 1.0467 1.0145 1.0618
1997-98 NA 1.0467 1.0194 1.0670
1998-99 NA 1.0415 1.0146 1.0567
1999-00 NA 1.0453 1.0103 1.0560
2000-01 NA 1.0491 1.0105 1.0601
2001-02 NA 1.0782 1.0086 1.0875
2002-03 NA 0.9873 1.0183 1.0053
2003-04 NA 1.0231 1.0057 1.0289
2004-05 NA 1.0328 1.0055 1.0385
2005-06 NA 1.0526 0.9957 1.0481
2006-07 NA 1.0396 1.0060 1.0458
2007-08 NA 1.0442 1.0105 1.0551
2008-09 NA 1.0429 1.0056 1.0487
2009-10 NA 1.0062 1.0151 1.0214
2010-11 NA 0.9746 1.0130 0.9872
2011-12 NA 1.0251 1.0066 1.0318
2012-13 NA 1.0377 1.0039 1.0417
2013-14 NA 1.0512 1.0154 1.0673
2014-15 NA 0.9977 1.0097 1.0074
2015-16 NA 1.0382 1.0035 1.0418
2016-17 NA 1.0537 1.0087 1.0628
2017-18 NA 1.0369 1.0057 1.0428
2018-19 NA 1.0367 1.0289 1.0667
2019-20 NA 1.0385 1.0355 1.0754
2020-21 NA 1.0373 1.0022 1.0396
2021-22 NA 1.0573 0.9950 1.0520
2022-23 NA 1.0755 1.0087 1.0849

1.0849 = Aggregate Factor for 2022-23

1.0849 x $7,484,409 (2021-22 Limit) = FY 2022-23 Appropriations Limit = $8,119,835 (1) Use lesser of the two (2) Source is State Dept of Finance per May 2022 letter

NOTICE OF INTENT TO ADOPT APPROPRIATIONS LIMITS FOR THE FISCAL YEAR 2022-2023 Section 7910 of the California Government Code requires each local government agency to determine during each fiscal year the appropriations limit pursuant to Article XIIIB of the California Constitution applicable during the following fiscal year. The limit must be adopted at a regularly scheduled meeting or a noticed special meeting, and the documentation used in determining the limit must be made available for public review fifteen days prior to such meeting.

Set below is the methodology to be used to calculate the Fiscal Year 2022-2023 appropriations limit for the City of Monte Sereno. The limit as set forth below will be considered and adopted at the regularly scheduled meeting of the Monte Sereno City Council on June 7, 2022.

Per Capita Change 1.0755
Population Change 1.0087
Calculation Factor FY2022-2023 = 1.0755 x 1.0087 1.0849 FY 21-22 Limit $7,114,457 x 1.0755 $8,119,835
Appropriations Subject to Limit $5,639,982
Appropriations under Limit $2,479,853
POSTED: May 23, 2022
Monte Sereno City Council
By: Michelle Estabillo, City Clerk

STAFF REPORT
Meeting: City Council - Jun 07 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Conduct Second Review of the Fiscal Year 2022-23 Budget and Provide Direction to Staff
Recommendation(s):

Staff recommends that the Council review and discuss the follow-up staff response to the Study Session of the FY 2022-23 Budget.

Background Information:

At its May 17, 2022 meeting, the Council held a study session to review and discuss the FY2022-23 Budget. This staff report includes the feedback staff received from that study session. The City Council will consider the final FY2022-23 at a Public Hearing scheduled for June 21, 2022.

Analysis:

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:

Narrative Significant Changes FY 2023 Second Review Budget vs. Study Session Budget FY 2022-23 Budget (Second Review 06-07-2022)
FY 2022-23 CIP Budget (Second Review 06-07-2022)

1 | P a g e
Revenue, Expenditures & Reserves Narrative – Proposed FY 2022-23 Budget vs. FY 2022-23 Study Session Budget Proposed FY 2022-23 Budget
Significant Changes Second Review FY 2022-23 Budget
versus FY 2022-23 Study Session Budget  Revenues $5.3 Million (FY 2022-23 $152k higher vs. FY 2022-23 Study Session Budget) $152,000
Increased Road Impact Fee estimate based on 9-month YTD run rate and increased permit activity.
+$152,200 Total FY 2022-23 Revenue Increases
 Expenditures $5.8 Million (FY 2022-23 $123k higher vs. FY 2022-23 Study Session Budget) $19,404 Police services FY 2022-23 increase to $1,010,604. ($5,350)
Community Support – KCAT ($5k), West Valley Community Services ($5k), AWO ($1k), Art Docents of Los Gatos ($2k), Los Gatos Community Concerts ($1k), Los Gatos Music and Arts ($3k) and Sustainable Waze ($3k). Total $20,000 $500
CERT, under the direction of the Los Gatos-Monte Sereno Police Department, has identified CERT neighborhoods and is establishing Neighborhood Incident Command Posts to assist CERT members with emergency response efforts during a disaster.

Total $12,500.
$82,040
Increased ($2k) City Attorney Services to ($85k), Litigation/Other Legal Services – increase ($50k) to Settle Case and new litigation cases ($30k). Total $250k. $5,250 Increased ($5k) for See Click Fix Annual license fee to $10.5k. $21,272 West Valley Clean Water Authority increased ($21k) to $33,272 for FY 2022-23. +$123,116 Total FY 2022-23 Expenditure Increases
• Total Fund Balances $5.3 Million (FY 2022-23 $29k higher vs. FY 2022-23 Study Session Budget) $69,560 General Fund increased ($70k) to $5.0 Million.
($19,404) Law Enforcement Fund decreased ($19k).
($21,272) Storm Drain Fund decreased ($21k).
+$28,884 Total Net Increase ($29k) Fund Balances to $5.3 Million

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
2,289,341 2,326,700 2,326,700 0 0.0%
850,859 914,100 914,100 0 0.0%
310,567 310,000 310,000 0 0.0%
240,947 236,485 236,485 0 0.0%
486,616 128,700 280,700 152,000 118.1%
153,505 191,000 191,000 0 0.0%
9,241 11,200 11,200 0 0.0%
279,647 145,000 145,000 0 0.0%
425,645 909,100 909,100 0 0.0%
2,655 3,000 3,000 0 0.0%
5,049,023 5,175,285 5,327,285 152,000 2.9%
Page: 1 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 84 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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 - $89,000
03-316 Police Special Tax Assessment per Assessor's Report May 5, 2022 - $89,000

SALES TAX & FEDERAL GRANTS
01-296 Sales and UseTax
01-298 Relief Fund (Federal)

TOTAL SALES TAX & FEDERAL GRANTS
Notes to Relief Funds (Federal) $897k
01-298 Silicon Valley Clean Energy ($18k) - Secured if usd for solar panel/battery Prop 68 Per Capita Program ($180k) - Secured if expended by 12/31/2023 Relief Funds ($698k) - Received $410k Care Act in FY2022, Expect $410k in FY 2023 Relief Funds - Do not know use of fund restriction on this funding source.

GAS TAX
12-328 Gas Tax
12-333 Gas Tax (SB-1)

TOTAL GAS TAX
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
2,066,836 2,108,700 2,108,700 0 0.0%
87,000 89,000 89,000 0 0.0%
3,586 5,000 5,000 0 0.0%
18,155 35,000 35,000 0 0.0%
111,515 89,000 89,000 0 0.0%
2,113 0 0 0
114 0 0 0
4 0 0 0
19 0 0 0
0 0 0 0
2,289,341 2,326,700 2,326,700 0 0.0%
Police Special Tax Assessment per Assessor's Report May 5, 2022 - $89,000 15,740 12,000 12,000 0 0.0%
409,905 897,100 897,100 0 0.0%
425,645 909,100 909,100 0 0.0%
Silicon Valley Clean Energy ($18k) - Secured if usd for solar panel/battery Prop 68 Per Capita Program ($180k) - Secured if expended by 12/31/2023 Relief Funds ($698k) - Received $410k Care Act in FY2022, Expect $410k in FY 2023 Relief Funds - Do not know use of fund restriction on this funding source. 81,630 109,000 109,000 0 0.0%
71,875 82,000 82,000 0 0.0%
153,505 191,000 191,000 0 0.0%
Page: 2 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 85 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget

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

REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
17,600 17,600 17,600 0 0.0%
38,000 38,000 38,000 0 0.0%
38,350 38,400 38,400 0 0.0%
130,944 130,000 130,000 0 0.0%
35,638 36,000 36,000 0 0.0%
50,034 50,000 50,000 0 0.0%
310,567 310,000 310,000 0 0.0%
169,402 145,000 145,000 0 0.0%
110,245 0 0 0
279,647 145,000 145,000 0 0.0%
Page: 3 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 86 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget

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
01-243 Planning Miscellaneous
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)

TOTAL FINES
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
980 680 680 0 0.0%
17,628 12,320 12,320 0 0.0%
35,770 36,000 36,000 0 0.0%
6,255 6,300 6,300 0 0.0%
600,629 697,000 697,000 0 0.0%
64,962 50,000 50,000 0 0.0%
3,598 3,000 3,000 0 0.0%
186 200 200 0 0.0%
11,177 8,500 8,500 0 0.0%
0 0 0 0
100 100 0 0.0%
48,105 40,000 40,000 0 0.0%
61,570 60,000 60,000 0 0.0%
850,859 914,100 914,100 0 0.0%
0 0 0 0
2,655 3,000 3,000 0 0.0%
2,655 3,000 3,000 0 0.0%
Page: 4 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 87 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget

INVESTMENT INCOME
01-282 Interest - General (See Notes Below)
12-332 Gas Tax Interest
. TOTAL INTEREST
.

Notes to Interest - General - $11,200
01-282 LAIF interest payment received in arrears - Estimated $11,200 FY 2023.

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) - $129,185
05-323 Measure B - Pavement Management Program (Annual) - $80,685 05-323 TDA - Highway 9 Safety Improvement Gap Closure - $26,500 05-323 VRF - To be determined allocation - $22,000
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
8,210 10,000 10,000 0 0.0%
1,030 1,200 1,200 0 0.0%
9,241 11,200 11,200 0 0.0%
LAIF interest payment received in arrears - Estimated $11,200 FY 2023. 1,396 1,100 1,100 0 0.0%
2,602 2,000 2,000 0 0.0%
5,664 4,200 4,200 0 0.0%
0 0 0 0
111,285 100,000 100,000 0 0.0%
120,000 129,185 129,185 0 0.0%
240,947 236,485 236,485 0 0.0%
Measure B - Pavement Management Program (Annual) - $80,685 TDA - Highway 9 Safety Improvement Gap Closure - $26,500 VRF - To be determined allocation - $22,000
Page: 5 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 88 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget
. 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) $85,000
01-292 Housing Element - Leap Grant $65,000
01-292 Housing Element - Reap Grant $20,000

TOTAL REVENUE
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
169,853 18,000 170,000 152,000 844.4%
140 500 500 0 0.0%
9,368 7,200 7,200 0 0.0%
283,600 85,000 85,000 0 0.0%
0 0 0 0
0 0 0 0
23,656 18,000 18,000 0 0.0%
0 0 0 0
0 0 0 0
0 0 0 0
486,616 128,700 280,700 152,000 118.1%
5,049,023 5,175,285 5,327,285 152,000 2.9%
Page: 6 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 89 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
1,241,924 1,506,832 1,506,832 0 0.0%
1,078,370 1,091,200 1,110,604 19,404 1.8%
351,020 1,000 1,000 0 0.0%
484,860 460,850 456,000 (4,850) -1.1%
2,723,207 975,000 975,000 0 0.0%
419,480 528,660 528,660 0 0.0%
195,613 167,510 249,550 82,040 49.0%
633,800 755,000 755,000 0 0.0%
100,142 84,350 89,600 5,250 6.2%
46,527 54,600 54,600 0 0.0%
50,000 12,000 33,272 21,272 177.3%
1,470 2,980 2,980 0 0.0%
7,326,414 5,639,982 5,763,098 123,116 2.2%
(2,277,391) (464,697) (435,813) 28,884 -6.2%
Page: 7 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 90 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
01-523 GIS Mapping
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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
2,590 2,000 2,000 0 0.0%
0 3,000 3,000 0 0.0%
4,400 15,000 15,000 0 0.0%
2,272 2,000 2,000 0 0.0%
0 15,000 15,000 0 0.0%
3,775 3,000 3,000 0 0.0%
8,114 12,000 12,000 0 0.0%
15,000 15,000 0 0.0%
11,460 6,300 6,300 0 0.0%
0 0 0 0
0 0 0 0
244,532 215,000 215,000 0 0.0%
86,391 89,000 89,000 0 0.0%
52,473 0 0 0
25,000 25,350 20,000 (5,350) -21.1%
0 12,000 12,500 500 4.2%
0 0 0 0
10,703 10,000 10,000 0 0.0%
0 0 0 0
150 200 200 0 0.0%
0 0 0 0
33,000 36,000 36,000 0 0.0%
484,860 460,850 456,000 (4,850) -1.1%
Page: 8 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 91 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
FY 2021-22
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
921,024 1,091,235 1,091,235 0 0.0%
0 0 0 0
0 0 0 0
80,433 95,593 95,593 0 0.0%
23,974 24,824 24,824 0 0.0%
92,218 135,177 135,177 0 0.0%
7,614 7,260 7,260 0 0.0%
5,150 8,400 8,400 0 0.0%
53,173 68,877 68,877 0 0.0%
13,608 16,143 16,143 0 0.0%
336 336 336 0 0.0%
24,756 38,586 38,586 0 0.0%
19,638 20,400 20,400 0 0.0%
1,241,924 1,506,832 1,506,832 0 0.0%
Page: 9 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 92 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget

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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
8,178 8,800 8,800 0 0.0%
18,222 14,580 14,580 0 0.0%
1,999 1,500 1,500 0 0.0%
33,910 40,760 40,760 0 0.0%
183 250 250 0 0.0%
30,760 24,300 24,300 0 0.0%
4,779 7,100 7,100 0 0.0%
12,951 19,700 19,700 0 0.0%
21,851 22,470 22,470 0 0.0%
0 0 0 0
278,395 361,000 361,000 0 0.0%
8,253 18,700 18,700 0 0.0%
0 0 0 0
0 7,000 7,000 0 0.0%
0 2,500 2,500 0 0.0%
419,480 528,660 528,660 0 0.0%
Page: 10 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 93 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
15,000 15,000 15,000 0 0.0%
0 0 0 0
85,142 69,350 74,600 5,250 7.6%
0 0 0 0
100,142 84,350 89,600 5,250 6.2%
967,085 991,200 1,010,604 19,404 2.0%
0 0 0 0
111,285 100,000 100,000 0 0.0%
1,078,370 1,091,200 1,110,604 19,404 1.8%
33,800 155,000 155,000 0 0.0%
600,000 600,000 600,000 0 0.0%
633,800 755,000 755,000 0 0.0%
11,605 310,000 310,000 0 0.0%
0 0 0 0
0 0 0 0
2,685,000 627,000 627,000 0 0.0%
10,000 12,000 12,000 0 0.0%
4,200 3,000 3,000 0 0.0%
1,833 11,000 11,000 0 0.0%
10,570 12,000 12,000 0 0.0%
2,723,207 975,000 975,000 0 0.0%
Page: 11 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 94 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
0 0 0 0
0 0 0 0
0 0 0 0
345,614 0 0 0
0 0 0 0
5,406 1,000 1,000 0 0.0%
351,020 1,000 1,000 0 0.0%
0 0 0 0
18,000 0 0 0
32,000 12,000 33,272 21,272 177.3%
50,000 12,000 33,272 21,272 177.3%
1,082 2,040 2,040 0 0.0%
389 940 940 0 0.0%
1,470 2,980 2,980 0 0.0%
Page: 12 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 95 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
111,200 82,510 84,550 2,040 2.5%
84,413 85,000 165,000 80,000 94.1%
0 0 0 0
0 0 0 0
195,613 167,510 249,550 82,040 49.0%
39,500 45,300 45,300 0 0.0%
2,576 3,000 3,000 0 0.0%
4,452 6,300 6,300 0 0.0%
46,527 54,600 54,600 0 0.0%
7,326,414 5,639,982 5,763,098 123,116 2.2%
(2,277,391) (464,697) (435,813) 28,884 -6.2%
Page: 13 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 96 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session 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
Mid-Year Budget
FY 2022-23 Study
Session Budget
(05-17-2022
Version)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
FY 2023
Second
Review Budget
vs. FY 2023
Study Session
Budget
FY 2023 Second
Review Budget
vs. FY 2023
Study Session
Budget
59,883 59,883 59,883 0 0.0%
(172,412) 606,686 676,246 69,560 11.5%
111,516 (790,684) (810,088) (19,404) 2.5%
234 (509,581) (509,581) 0 0.0%
210,638 388,838 388,838 0 0.0%
497,149 490,149 468,877 (21,272) -4.3%
73 73 73 0 0.0%
3,444 1,404 1,404 0 0.0%
39 (901) (901) 0 0.0%
650,681 185,984 214,868 28,884 15.5%
710,564 245,867 274,751 28,884 11.7%
643,972 643,972 643,972 0 0.0%
3,500,000 3,500,000 3,500,000 0 0.0%
500,000 500,000 500,000 0 0.0%
200,000 200,000 200,000 0 0.0%
0 0 0 0
4,843,972 4,843,972 4,843,972 0 0.0%
0 0 0 0
130,755 130,755 130,755 0 0.0%
21,000 21,000 21,000 0 0.0%
27,043 27,043 27,043 0 0.0%
6,751 6,751 6,751 0 0.0%
185,549 185,549 185,549 0 0.0%
5,029,521 5,029,521 5,029,521 0 0.0%
5,740,085 5,275,388 5,304,272 28,884 0.5%
Page: 14 of 14 File: FY 2022-23 Budget (Second Review 06-07-2022) Page 97 of 98

THE CITY OF MONTE SERENO
Second Review FY 2022-23 Budget
vs.

FY 2022-23 Study Session Budget

REVENUES

PROPERTY TAX

LICENSE & PERMITS

FRANCHISE TAX

INTERGOVERNMENTAL

OTHER REVENUE

GAS TAX

INTEREST

REAL PROPERTY TAX

SALES TAX AND FEDERAL FUNDS
FINES

TOTAL REVENUE

EXPENDITURES

TOTAL EXPENDITURES

NET SURPLUS / (DEFICIT)
FY 2022-23
Second Review
Budget (06-07-
2022 Version
General Fund
Pavement
Management
Program (Annual)
Housing Element
Project

CARRYOVER
Planning &
Engineering
ePermit Tracking
System (New)
Annex Building

CARRYOVER
Neighborhood
Improvement
Project - Daves
Neighborhood

CARRYOVER
Highway 9 Safety
Improvements
Gap Closure

CARRYOVER
City Hall Parking
Lot GSI Retrofit
NEW
Total General and
Capital
Improvement
Projects
2,326,700 2,326,700 0 0 0 0 0 0 0 0
914,100 914,100 0 0 0 0 0 0 0 0
310,000 310,000 0 0 0 0 0 0 0 0
236,485 129,300 80,685 0 0 0 0 26,500 0 107,185
280,700 177,700 0 85,000 0 18,000 0 0 0 103,000
191,000 0 191,000 0 0 0 0 0 0 191,000
11,200 11,200 0 0 0 0 0 0 0 0
145,000 145,000 0 0 0 0 0 0 0 0
909,100 12,000 0 0 0 198,600 0 573,500 125,000 897,100
3,000 3,000 0 0 0 0 0 0 0 0
5,327,285 4,029,000 271,685 85,000 0 216,600 0 600,000 125,000 1,298,285 5,763,098 3,933,098 310,000 118,000 50,000 600,000 27,000 600,000 125,000 1,830,000 (435,813) 95,902 (38,315) (33,000) (50,000) (383,400) (27,000) 0 0 (531,715) Page: 1 of 1 File: FY 2022-23 Budget (Second Review 06-07-2022)