Monte Sereno City Council
August 2, 2022

AGENDA
City of Monte Sereno
Tuesday, August 2, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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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 August 2, 2022 in the Amount $54,405.56 Staff recommends the City Council approve the Warrant List.

Staff Report - SR-22-171 - Pdf
5 - 7

2. Accept the Treasurer's Report for the Period Ending May 31, 2022 Staff recommends the City Council accept the Treasurer's Report for the period ending May 31, 2022
Staff Report - SR-22-174 - Pdf
8 - 9

3. Accept the LAIF Report for the Period Ending May 31, 2022 Staff recommends the City Council accept the LAIF Report for the Period Ending May 31, 2022
Staff Report - SR-22-175 - Pdf
10 - 12

4. Accept the Significant Full Year Variance to Mid-Year Budget Narrative Report for the period ending May 31, 2022.

Staff recommends the City Council accept the Significant Full Year Variance to Mid-Year Budget Narrative Report for the period ending May 31, 2022.

Staff Report - SR-22-173 - Pdf
13 - 15

5. Accept the Revenue and Expenditure Report for the Period Ending May 31, 2022
Staff recommends the City Council accept the Revenue and Expenditure Report for the period ending May 31, 2022
Staff Report - SR-22-172 - Pdf
16 - 27

6. Award of Contract to McKim Corporation for Fiscal Year 2022-2023 Pavement Management Program Construction Project in Total Amount 28 - 62

Not to Exceed $342,571 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
Staff recommends the City Council:

1. Adopt a resolution accepting the lowest responsible bid for the Fiscal Year 2022 2023 Pavement Management Program and
determining project exempt from CEQA; and

2. Authorize the City Manager to award the construction contract to the lowest responsible bidder after receipt of the required contract documents, execute contract documents, and approve potential contract changes in aggregate amount not exceeding 10% of the contract award amount.

Staff Report - SR-22-168 - Pdf

PUBLIC HEARINGS

1. Consider Application 2022-3034 for a Use Permit for a New Approximately 5,022 Square-Foot Sport Court (Tennis Court) at 18216 Daves Avenue
Staff recommends that the City Council approve of the Use Permit as conditioned in the draft resolution.

Staff Report - SR-22-159 - Pdf
63 - 80

UNFINISHED BUSINESS

NEW BUSINESS

1. Consider and Appoint a Member to the 2022-2023 Monte Sereno Youth Commission
Staff recommends that the City Council consider one application for the 2022-2023 Monte Sereno Youth Commission and make one
appointment.

Staff Report - SR-22-169 - Pdf
81 - 83

2. Consider and Designate Voting Delegate and Alternatives to the League of California Cities
Staff recommends that the City Council designate a voting delegate and alternates for the League of California Cities.

Staff Report - SR-22-161 - Pdf
84 - 88

3. Discuss and Consider Revisions to Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission and Consider Adding an Attendance Policy to Section 12.03 Staff recommends that the City Council review Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission and consider making revisions.

Staff Report - SR-22-183 - Pdf
89 - 90

4. Discussion and Direction Regarding the City of Monte Sereno's Continued Membership in the Santa Clara County Cities Association Staff recommends the Monte Sereno City Council discuss and provide direction to Monte Sereno staff regarding its desire to continue its participation and annual membership in the Cities Association.

Staff Report - SR-22-184 - Pdf
91 - 99

5. Consider Revisions to the City of Monte Sereno Ad Hoc Committees Staff recommends that that the City Council consider creation, revisions, and extensions to ad hoc committee appointments.

Staff Report - SR-22-182 - Pdf
100 - 105

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 - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated August 2, 2022 in the Amount $54,405.56 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 08-02-22

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

August 2, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19905 Association of Bay Area
Governments
Utilities - Natural Gas for City Hall ($199)
FY 22/23 ABAG Membership ($1664) 1,863.42 01-705 01-745 19906 Alana Consulting, LLC Plan Checks (06/06/2022 to 07/03/2022) 15,755.00 01-765 19907 Anthony Lewis, Inc.

Heating & Cooling - labor and materials
to remove and replace cooling coil and
outside condenser.
11,777.00 01-815
19908 BKF Engineers
Hwy 9 Safety Improvement Gap Closure
through Monte Sereno Project (CIP-2022-
E)
2,189.50 05-870
19909 BMI Imaging Systems Web Hosting 225.00 01-715
19910 Charlotte Andreen Reimburse Code Enforcement Officer for Certified mailings and fax. 17.80 01-710
19911 City of Foster City CalOPPS One Job Posting for Building Inspector / Code Compliance Inspector 520.00 01-565
19912 CLEAR GOV INC. ClearGov Transparency Suite annual licensing fee renewal 2,575.00 01-811
19913 corodata Shredding,
Inc. Container rental fee 10.00 01-535
19914 County of Marin/CALSLA
Annual Membership dues for California
City-County Street Light Association
(CALSLA)
315.00 01-745
19915 Delta Dental of
California Dental insurance premiums 469.96 01-635
19916 EMC Planning Group,
Inc. Housing Element Update Project 10,624.55 01-535
19917 EOS Integration Datto Cloud Continuity PC backup
service 290.00 01-811
19918 Frontier
Communications Landline for City Hall 94.24 01-720
19919 GKW Architects, Inc. Architectural work on Annex Building Project. 1,400.00 01-920
19920 Kelex Security Annual Fire Alarm System Inspection at City Hall 720.00 01-765
19921 NextDoor Solutions to
Domestic Violence FY 2022-23 Community Support 1,000.00 01-550

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

August 2, 2022
19922 Pacific Gas & Electric
Utilities - Electricity City Hall ($1115 for 2
months), Annex Building ($62) and Loma
Serena Lighting district ($177)
1,355.01 40-935
01-705
19923 RICOH USA, INC. Office copier rental 480.23 01-715 19924 Sanasight Technologies Repair Audio Visual system at City Hall 447.00 01-720 19925 State Compensation Ins
Fund Workers Comp premium for 2 months. 1,302.64 01-642 19926 Yaping Zhou Refund permit fees on 17520 Elaine Ct for overpayment of fees. 974.21 01-236
Total $54,405.56

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 - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending May 31, 2022 Recommendation(s):

Staff recommends the City Council accept the Treasurer's Report for the period ending May 31, 2022
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 and this report appear on the City's Website.

Attachments:

Treasurer's Report Dated 05-31-22

TREASURER'S REPORT For the period ending
May 31, 2022
May 31, 2022 April 30, 2022 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $881,123.90 $710,563.35 $170,560.55
Receipts and Interest Earned
Receipts for the period 243,836.63 $865,008.45 ($621,171.82) In May, received $89.4k from Santa Clara VTA for 2016 Measure B, $35.2k COPS ELEAS Pass-Thru Grant, $18.3k Comcast franchise fees, various building permit fees from $9.1k Bruce Ave., $5.6k Saratoga-:Los Gatos Rd., $4.7k Daves Ave., $3.8k Winchester Blvd., $$2.6k Lexington, $2.5k Vista Ave., and $2.4k Via Del Sur.

Investment receipts during the period $0.00 $0.00 $0.00 Interest earned $0.00
Total Receipts and Interest Earned $243,836.63 $865,008.45 ($621,171.82) Less: Disbursements
Cash disbursements during the period $342,548.96 $646,274.19 ($303,725.23) In May, paid $80.6k for Police Services, $56k for Staff payroll, $41.7k COPS ELEAS pass-thru Grant, $37.4k for La Rinconada Street Improvement Project, $23.6k for the Building Plan Check Consultant, $17.6k to Burke, Williams & Sorensen for City Attorney Services and litigation cases, $12.9k for the Daves Neighborhood Improvement Project, and $12.9k for the Objective Design Standard Project.

Invested during the period $0.00 $0.00 $0.00
GASB Report & SSA fee $0.00 $0.00 $0.00
EFT(PERS retirement) $13,474.44 $13,519.36 ($44.92) Staff employee reduced withholdings EFT (payroll taxes) $22,433.92 $23,818.52 ($1,384.60) Staff employee reduced withholdings EFT (PERS health) $8,293.39 $5,498.39 $2,795.00 In April, health premium adjusted to lower health plan for a staff employee.

EFT (EDD payroll taxes) $5,304.14 $5,337.44 ($33.30) Staff employee reduced withholdings Bank fees $0.00
Total Disbursements $392,054.85 $694,447.90 ($302,393.05) ENDING BALANCE $732,905.68 $881,123.90 ($148,218.22)

BALANCE IN DEMAND ACCOUNTS
Checking $78,276.91 $63,651.50 $14,625.41
Savings $654,628.77 $817,472.40 ($162,843.63)
TOTAL DEMAND ACCOUNTS $732,905.68 $881,123.90 ($148,218.22)

FUND DISTRIBUTION IN DEMAND ACCOUNTS
General ($163,111.18) $33,639.21 ($196,750.39)
Law Enforcement $155,080.51 $119,849.55 $35,230.96 Received COPS ELEAS Grant pass-thru Grant ($8k).

Traffic Safety $623.27 $573.12 $50.15
Gas Tax (2107) $236,573.30 $223,330.50 $13,242.80 Received $6k SB-1 revenue and $7k Gas Tax revenue.

Storm Drain $499,667.26 $499,667.26 $0.00 Received storm drain fees for projects on Ridgecrest Av and Creekside Ct.

Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $3,960.83 $3,952.57 $8.26 Received Loma Serena Ltg Secured Property Tax.

Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $732,905.68 $881,123.90 ($148,218.22)

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the LAIF Report for the Period Ending May 31, 2022 Recommendation(s):

Staff recommends the City Council accept the LAIF Report for the Period Ending May 31, 2022 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 and this report appear on the City's Website.

Attachments:

LAIF Investment Report 2022 05 31 (Final 07-26-2022)

City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
May 31, 2022

ALL FUNDS REPORT

LAIF GENERAL FUND RESERVE ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits
(OPEB)
01-025 Subtotal Unrestricted Reserves
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
Building Fund
40-024 Loma Serena Ltg.

Subtotal Restricted Reserve
Total General Fund Reserve -
LAIF
4/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between
5508 and 2153
Transfer in/(Out)
(From WFB 5508
to LAIF)
5/31/2022 Comments
`
647,670.63 647,670.63
3,500,000.00 3,500,000.00
500,000.00 500,000.00 No Activity
200,000.00 200,000.00

0.00 0.00
4,847,670.63 0.00 0.00 0.00 4,847,670.63

0.00 0.00
131,506.13 131,506.13
21,000.00 21,000.00 No Activity
27,042.53 27,042.53

0.00 0.00
6,751.00 6,751.00
186,299.66 0.00 0.00 0.00 186,299.66
5,033,970.29 0.00 0.00 0.00 5,033,970.29
NOTES:

Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.

City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
May 31, 2022

ALL FUNDS REPORT
SAVINGS ACCOUNT #5508
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
Total
WARRANT CHECKING ACCOUNT #2153
01-010 Total
Total All Funds
4/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between
5508 and 2153
Transfer in/(Out)
(From WFB 5508
to LAIF)
5/31/2022 Comments
(30,012.29) 195,054.46 (406,430.26) (241,388.09)
In May, received $89.4k from Santa Clara VTA for
2016 Measure B, $18.3k Comcast franchise fees,
various building permit fees from $9.1k Bruce Ave.,
$5.6k Saratoga-:Los Gatos Rd., $4.7k Daves Ave.,
$3.8k Winchester Blvd., $$2.6k Lexington, $2.5k
Vista Ave., and $2.4k Via Del Sur.
119,849.55 35,230.96 155,080.51 Received $35.2 COPS ELEAS pass-thru Grant March 2022.
573.12 50.15 623.27
223,330.50 13,242.80 236,573.30 Received $5.8k SB-1 revenue and $7.4k Gas Tax revenue.
499,667.26 0.00 499,667.26

72.75 0.00 72.75
3,952.57 8.26 3,960.83 Received Loma Serena Ltg Secured Property Tax.

38.94 0.00 38.94
817,472.40 243,586.63 (406,430.26) 0.00 654,628.77
63,651.50 (391,804.85) 406,430.26 78,276.91
In May, paid $80.6k for Police Services, $106k for
Staff payroll, tax and benefits, $41.7k COPS ELEAS
pass-thru Grant, $37.4k for La Rinconada Street
Improvement Project, $23.6k for the Building Plan
Check Consultant, $17.6k to Burke, Williams &
Sorensen for City Attorney Services and litigation
cases, $12.9k for the Daves Neighborhood
Improvement Project, and $12.9k for the Objective
Design Standard Project.
5,915,094.19 (148,218.22) 0.00 0.00 5,766,875.97
NOTES:

Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Significant Full Year Variance to Mid-Year Budget Narrative Report for the period ending May 31, 2022.

Recommendation(s):

Staff recommends the City Council accept the Significant Full Year Variance to Mid-Year Budget Narrative Report for the period ending May 31, 2022.

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 and this report appear on the City's Website.

Attachments:

Significant Year to Date Variances to Budget Narrative 05-31-22

1 | P a g e
Significant Revenue and Expenditures Narrative
May 2022

91.7% of FY 2021-22 Mid-Year Budget
Revenues

SIGNIFICANT FULL YEAR VARIANCES TO MID-YEAR BUDGET NARRATIVE  Revenues $4.7 Million (92.2% of FY 2021-22 Mid-Year Budget) - Property Tax $2,218k, 96.9% of FY 2021-22 Mid-Year Budget: In May received $4.2k SB813 Supplemental property tax (01-214).

- Licenses and Permits $908k, 106.7% of FY 2021-22 Mid-Year Budget: Licenses and Permits activities continue to be robust this year. In May, led by $34k in Construction Permits on Karl Ave., Saratoga-Los Gatos Rd., Twin Creeks Rd., Winchester Blvd., Vista Ave., Greenwood Ln., Lexington Dr., Constitution Ave., and Bruce Ave. (01-236). Encroachment permit fees were $5k for the month, while Site Development fees were $6k for properties on Palos Verdes Dr., Alexander Ave., and Daves Ave. - Franchise Fees $291k, 93.6% of FY 2021-22 Mid-Year Budget: Received $18k Franchise Tax from Comcast (01-268), $1.2k from City of Campbell (01-267) and $3k from West Valley Collection franchise fees (01-266/01- 267),
- Intergovernmental $274k, 113.5% of FY 2021-22 Mid-Year Budget: Received $35k COPS ELEAS pass-thru grant revenue (03-318) and $89k from Santa Clara VTA for 2016 Measure B (05-323) - Other Revenues $196k, 40.4% of FY 2021-22 Mid-Year Budget: In May, received $5k Road Impact Fees from projects on Winchester Blvd., Saratoga-Los Gatos Rd., and Grandview Ave (01-246) - Gas Tax $141k, 91.9% of FY 2021-22 Mid-Year Budget: Received $5.8k from SB-1 Road Maintenance & Rehabilitation revenue (12-333) and $7.4k from 2107 Revenue (12-328). - Real Property Tax $193k, 69.0% of FY 2021-22 Mid-Year Budget: In May, received $16k in real property transfer tax for the month (01-222).
- Sales and Use Tax $422k, 99.2% of FY 2021-22 Mid-Year Budget: Already received Coronavirus Relief Fund of $410k.
- Investment Income/Interest $11k, 122.2% of FY 2021-22 Mid-Year Budget: Already received $4k interest from LAIF or the 3rd Quarter 2022.

2 | P a g e
Significant Revenue and Expenditures Narrative
May 2022

91.7% of FY 2021-22 Mid-Year Budget
Expenditures

SIGNIFICANT FULL YEAR VARIANCES TO MID-YEAR BUDGET NARRATIVE  Expenditures $5.0 Million, 67.9% of FY 2021-22 Mid-Year Budget - Personnel $1,145k, 92.2% of FY 2021-22 Mid-Year Budget: Salaries and benefits tracking Mid-Year Budget. - Law Enforcement $885k, 82.1% of FY 2021-22 Mid-Year Budget: Paid monthly Police services $81k (03-545) and $41.7k for COPS ELEAS pass-thru Grant.
- Construction $351k, 99.9% of FY 2021-22 Mid-Year Budget: In May, paid $2.5k to KTUA for Monte Sereno Bicycle Pedestrian Master Plan Project (05-905) and $346k for Winchester Blvd. Class IV Protected Bike Lan Project (05-925). - General Government $444k, 91.5% of FY 2021-22 Mid-Year Budget: In May, paid M-Group $13k for the Objective Design Project and Dicar $2k for maintaining computers and network at City Hall (01-535). CSG Consultants, Inc $6.6k for Code Enforcement consultant.
- Maintenance $1,459k, 53.6% of FY 2021-22 Mid-Year Budget: In May, paid $37k to McKim Corporation for La Rinconada Street Improvement Project and $13k to TL Engineering for Daves Neighborhood Improvement Project (05- 870).
- Administration $427k, 101.8% of FY 2021-22 Mid-Year Budget: In May, paid Alana Consulting $13k for Plan Check services (03/28/2022 through 005/08/2022) and $11k for ePermit Consultant, $4.6k to CSG Consultants for Building Inspector consultant (01-765). Recuring auto allowance for City Engineer ($400) and City Manager ($400). Paid $1.7k to Municipal Code Corporation for Legal Review and $1.6k for Monte Sereno Quarterly Spring Newsletter. - City Attorney $164k, 83.8% of FY 2021-22 Mid-Year Budget: City Attorney expenses $9.6k (01-425) and $8k for legal representation for active cases – Greenwood, general litigation, Padgett, and Shekar cases (01-427). - Building Maintenance $38k, 6.0% of FY 2021-22 Mid-Year Budget: Paid $7.2k for Annex Building Project – demolition and clean-up and $2.5k to GKW Architects for Annex Building architectural design. (01-920). - Equipment / Improvements $37k, 36.6% of FY 2021-22 Mid-Year Budget: In May, paid $4.2k Microsoft Office 365 and Exchange software licenses and $5.2k for WatchGuard Total Security Suite for Firebox M270 software license and to EOS Integration services for Datto Continuity software license not yet transferred to Dicar. (01-811). - City Audit $15k, 32.4% of FY 2021-22 Mid-Year Budget: In May, paid $487 ADP payroll processing services. - Engineering $8k, 16.0% of FY 2021 Mid-Year Budget: Paid $8k for West Valley Clean Water Authority assessment FY 2021=22.

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Revenue and Expenditure Report for the Period Ending May 31, 2022
Recommendation(s):

Staff recommends the City Council accept the Revenue and Expenditure Report for the period ending May 31, 2022
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 and this report appear on the City's Website.

Attachments:

Revenue and Expenditures Monthly Report dated 05-31-2022

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

REVENUES

PROPERTY TAX

LICENSE & PERMITS

FRANCHISE TAX

INTERGOVERNMENTAL

OTHER REVENUE

GAS TAX

INTEREST

REAL PROPERTY TAX

SALES TAX
FINES

TOTAL REVENUE
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
2,289,341 6,130 2,218,174 (71,168) 96.9%
850,859 53,709 907,882 57,022 106.7%
310,567 24,092 290,812 (19,754) 93.6%
240,947 124,653 273,564 32,617 113.5%
486,616 5,612 196,446 (290,170) 40.4%
153,505 13,243 141,041 (12,465) 91.9%
9,241 0 11,290 2,049 122.2%
279,647 15,594 192,992 (86,654) 69.0%
425,645 130 422,054 (3,591) 99.2%
2,655 50 2,445 (210) 92.1%
5,049,023 243,213 4,656,699 (392,324) 92.2%
Page: 1 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 17 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

PROPERTY TAX
01-202 Secured
01-204 Unsecured
01-210 Homeowners Exemption
01-214 SB 813 Supplemental
03-316 Law Enforcement Tax (See Notes
Below)
40-366 Secured
40-368 Unsecured
40-370 Homeowners Exemption
40-378 Homeowner Exempt/SB813
50-402 Assessment

TOTAL PROPERTY TAX
Notes to Law Enforcement Tax - $106,000
03-316
Police Special Tax Assessment
two payments received January &
June - $106,000

SALES TAX
01-296 Sales and UseTax
01-298 Coronavirus Relief Fund (State)

TOTAL SALES TAX

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

TOTAL GAS TAX

FRANCHISE TAX
01-262 Gas
01-263 Electricity
01-264 Water
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-268 Cable TV

TOTAL FRANCHISE TAX
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
2,066,836 0 1,985,805 (81,032) 96.1%
87,000 0 89,284 2,284 102.6%
3,586 1,880 4,567 980 127.3%
18,155 4,241 24,837 6,682 136.8%
111,515 0 111,515 0 100.0%
2,113 0 2,007 (106) 95.0%
114 0 119 5 104.7%
4 3 6 3 170.1%
19 6 34 15 181.3%
0 0 0 0 N/A
2,289,341 6,130 2,218,174 (71,168) 96.9%
15,740 130 12,149 (3,591) 77.2%
409,905 0 409,905 0 100.0%
425,645 130 422,054 (3,591) 99.2%
81,630 7,412 75,160 (6,470) 92.1%
71,875 5,831 65,880 (5,995) 91.7%
153,505 13,243 141,041 (12,465) 91.9%
17,600 0 22,310 4,710 126.8%
38,000 0 43,210 5,210 113.7%
38,350 0 33,550 (4,800) 87.5%
130,944 1,460 103,106 (27,838) 78.7%
35,638 4,418 32,987 (2,651) 92.6%
50,034 18,214 55,649 5,614 111.2%
310,567 24,092 290,812 (19,754) 93.6%
Page: 2 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 18 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX

LICENSE AND PERMIT FEES
01-231 SB1186 Fees
01-232 Business License
01-234 ConstructionTax
01-235 SMIP
01-236 Construction Permits
01-237 Grading Permits
01-238 SB1473 (BSASRF)
01-240 Subdivision Fee
01-241 Site Development\Use\Variance\
01-242 Zoning Fees
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)

TOTAL FINES

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

Notes to Interest - General - $24,150
01-282
LAIF interest payment received in
arrears - 1st Qtr in October
($3,515 Actual), 2nd Qtr in
January, 3rd Qtr in April and 4th
Qtr in July.

FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
169,402 15,594 192,992 23,591 113.9%
110,245 0 0 (110,245) 0.0%
279,647 15,594 192,992 (86,654) 69.0%
980 44 768 (212) 78.4%
17,628 854 14,835 (2,793) 84.2%
35,770 474 38,943 3,173 108.9%
6,255 118 7,131 877 114.0%
600,629 34,188 655,047 54,417 109.1%
64,962 4,451 60,571 (4,391) 93.2%
3,598 39 2,883 (715) 80.1%
186 0 186 0 100.0%
11,177 6,100 18,365 7,188 164.3%
0 0 0 0 N/A
48,105 4,950 44,355 (3,750) 92.2%
61,570 2,490 64,798 3,228 105.2%
850,859 53,709 907,882 57,022 106.7%
0 0 0 0 N/A
2,655 50 2,445 (210) 92.1%
2,655 50 2,445 (210) 92.1%
8,210 0 9,809 1,598 119.5%
1,030 0 1,481 451 143.8%
9,241 0 11,290 2,049 122.2%
Page: 3 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 19 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

INTERGOVERNMENTAL
01-287 AB939 (recycle incentive)
01-288 Abandoned Vehicle Abatement
01-300 Motor vehicle (state)
01-305 Miscellaneous
03-318 COPS grant revenue
05-323 Miscellaneous (Measure B &VRF)
See Notes Below

TOTAL INTERGOVERNMENTAL
Notes to Miscellaneous (05-323) - $120,000
05-323
Measure B - Received $89,422
for Winchester Blvd Class IV
Proteced Bike Lanes (received
$22,031 October 2021)
05-323
VRF - $23,500 for Winchester
Blvd Class IV Proteced Bike
Lanes
05-323 Highway 9 Safety Improvements
Gap Closure - $26,500
. OTHER REVENUE
01-246 Road Impact fees
01-290 BCJPIA/State fund Ins. rebate
01-291 Microfilm Fee
01-292 Miscellaneous (See Notes Below)
01-294 Reimb. Publication
01-295 Code Enforcement Collections
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance

TOTAL OTHER REVENUE
Notes to Miscellaneous (01-292) $283,600
01-292 Secured Grant for Annex Building
Project $198,600
01-292 Housing Element - Leap Grant
$65,000
01-292 Housing Element - Reap Grant
$20,000

TOTAL REVENUE
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
1,396 0 1,096 (300) 78.5%
2,602 0 2,002 (600) 76.9%
5,664 0 4,164 (1,500) 73.5%
0 0 0 0 N/A
111,285 35,231 154,849 43,564 139.1%
120,000 89,422 111,453 (8,547) 92.9%
240,947 124,653 273,564 32,617 113.5%
169,853 4,984 167,269 (2,584) 98.5%
140 0 140 0 100.0%
9,368 628 8,828 (539) 94.2%
283,600 0 35 (283,565) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
23,656 0 20,174 (3,482) 85.3%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
486,616 5,612 196,446 (290,170) 40.4%
5,049,023 243,213 4,656,699 (392,324) 92.2%
Page: 4 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 20 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

EXPENDITURES

PERSONNEL

LAW ENFORCEMENT

CONSTRUCTION

GENERAL GOVERNMENT

MAINTENANCE

ADMINISTRATION

CITY ATTORNEY

BUILDING MAINTENANCE

EQUIPMENT / IMPROVEMENT

CITY AUDIT

ENGINEERING

SPECIAL DISTRICTS

TOTAL EXPENDITURES

NET SURPLUS / (DEFICIT)
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
1,241,924 108,802 1,144,888 (97,036) 92.2%
1,078,370 122,247 885,387 (192,982) 82.1%
351,020 350,027 350,591 (428) 99.9%
484,860 22,404 443,665 (41,195) 91.5%
2,723,207 50,352 1,458,860 (1,264,347) 53.6%
419,480 38,470 427,201 7,721 101.8%
195,613 17,647 163,899 (31,714) 83.8%
633,800 10,132 38,083 (595,717) 6.0%
100,142 10,964 36,645 (63,497) 36.6%
46,527 451 15,066 (31,462) 32.4%
50,000 7,992 7,992 (42,008) 16.0%
1,470 180 1,522 52 103.5%
7,326,414 739,669 4,973,799 (2,352,615) 67.9%
(2,277,391) (496,456) (317,100) 1,960,291 13.9%
Page: 5 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 21 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

EXPENDITURES

GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol
01-506 Youth Commission Programs
01-507 Community Interface
01-515 Council Memberships
01-520 Elections
01-521 Municipal Code Revision
01-522 Environmental Services
01-531 Disbursement SMIP
01-532 SB1473 (BSASRF)
01-533 Disbruse SB1186 Fees
01-535 Professional Services
01-540 Insurance & Bonding
01-545 Code Enforcement
01-550 Community Based Organizations
01-555 Emergency Services
01-560 Annexation
01-565 Legal Ads/Notices/Recording fees
01-570 General Plan Revise
01-575 Misc/Refunds
01-576 Sales Tax
01-585 Animal Control

TOTAL GENERAL GOVERNMENT
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
2,590 0 1,990 (600) 76.8%
0 0 0 0 N/A
4,400 588 3,788 (612) 86.1%
2,272 0 1,672 (600) 73.6%
0 0 0 0 N/A
3,775 0 2,875 (900) 76.2%
8,114 0 6,014 (2,100) 74.1%
11,460 0 0 (11,460) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
244,532 14,821 223,401 (21,131) 91.4%
86,391 0 89,885 3,494 104.0%
52,473 6,555 49,653 (2,820) 94.6%
25,000 440 25,440 440 101.8%
0 0 0 0 N/A
0 0 0 0 N/A
10,703 0 8,003 (2,700) 74.8%
0 0 0 0 N/A
150 0 150 0 100.0%
0 0 0 0 N/A
33,000 0 30,794 (2,206) 93.3%
484,860 22,404 443,665 (41,195) 91.5%
Page: 6 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 22 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

PERSONNEL
01-605 Regular Full Time
01-615 Part Time
01-620 Long Term Disablity Ins
01-625 Retirement Employer
01-627 Retirement Employee
01-630 Health Insurance
01-635 Dental Insurance
01-642 Workers Comp. Insurance
01-645 Social Security
01-647 Medicare
01-650 Unemployment
01-660 Deferred Compensation
01-665 Benefits Allowance

TOTAL PERSONNEL

ADMINISTRATION
01-705 Office Utilities
01-710 Office Supplies
01-711 Postage
01-715 Office Equip Maintenance
01-718 Bank Fee Finance Charge
01-720 Communications
01-725 Reproduction/Printing
01-740 Mtgs/Trvl/Mileage reimb.
01-745 Publications/Memberships
01-755 Professional Services
01-765 Contract Services
01-770 Training
01-775 Miscellaneous
01-885 Horticultural/Arborist Services
01-999 City Mangers Revolving Account

TOTAL ADMINISTRATION
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
921,024 79,643 848,124 (72,900) 92.1%
0 0 0 0 N/A
0 0 0 0 N/A
80,433 7,179 74,795 (5,638) 93.0%
23,974 2,049 22,072 (1,903) 92.1%
92,218 8,280 82,897 (9,321) 89.9%
7,614 484 6,783 (831) 89.1%
5,150 546 5,041 (109) 97.9%
53,173 5,093 50,178 (2,995) 94.4%
13,608 1,191 12,695 (913) 93.3%
336 0 336 0 100.0%
24,756 2,637 23,730 (1,027) 95.9%
19,638 1,700 18,238 (1,400) 92.9%
1,241,924 108,802 1,144,888 (97,036) 92.2%
8,178 1,275 8,030 (149) 98.2%
18,222 3,069 18,254 32 100.2%
1,999 0 1,602 (396) 80.2%
33,910 930 31,419 (2,490) 92.7%
183 0 43 (141) 23.3%
30,760 182 23,899 (6,861) 77.7%
4,779 1,920 5,883 1,104 123.1%
12,951 875 13,745 794 106.1%
21,851 1,965 20,966 (885) 95.9%
0 0 0 0 N/A
278,395 28,233 296,879 18,484 106.6%
8,253 20 6,481 (1,772) 78.5%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
419,480 38,470 427,201 7,721 101.8%
Page: 7 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 23 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

EQUIPMENT/IMPROVEMENTS
01-805 Office
01-810 Field
01-811 Computer, Hard/Software
01-815 Building Improvements

TOTAL EQUIPMENT / IMPROVEMENTS

LAW ENFORCEMENT
03-545 Police Services
01-546 Booking & CAL-ID
03-548 Disburse COPS grant funds

TOTAL LAW ENFORCEMENT

BUILDING MAINTENANCE
01-860 Building & Ground Maint
01-920 Building & Ground Const

TOTAL BUILDING MAINTENANCE

MAINTENANCE
01-845 Pavement Management Program
12-845 Pavement Management Program
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
12-865 Street Sweeping
25-850 Storm Drain Maintenance

TOTAL MAINTENANCE
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
15,000 0 0 (15,000) 0.0%
0 0 0 0 N/A
85,142 10,964 36,645 (48,497) 43.0%
0 0 0 0 N/A
100,142 10,964 36,645 (63,497) 36.6%
967,085 122,247 774,103 (192,982) 80.0%
0 0 0 0 N/A
111,285 0 111,285 0 100.0%
1,078,370 122,247 885,387 (192,982) 82.1%
33,800 390 26,846 (6,954) 79.4%
600,000 9,742 11,237 (588,763) 1.9%
633,800 10,132 38,083 (595,717) 6.0%
11,605 0 11,605 0 100.0%
0 0 0 0 N/A
0 0 0 0 N/A
2,685,000 50,352 1,423,252 (1,261,748) 53.0%
10,000 0 5,170 (4,830) 51.7%
4,200 0 2,765 (1,435) 65.8%
1,833 0 5,498 3,666 300.0%
10,570 0 10,570 0 100.0%
2,723,207 50,352 1,458,860 (1,264,347) 53.6%
Page: 8 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 24 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-905 Traffic Safety Project
05-925 Traffic Safety Misc Bike/Ped Improv
12-915 Gas Tax Road Project
25-910 Storm Drain Project

TOTAL CONSTRUCTION

ENGINEERING
Mapping and Records System
12-875 Congestion Management
25-805 WV Clean Water Administration

TOTAL ENGINEERING

SPECIAL DISTRICTS
40-935 Loma Serena Lighting
50-945 Rose/Andrews Lighting

TOTAL SPECIAL DISTRICTS
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
0 0 0 0 N/A
0 0 0 0 N/A
0 4,413 4,413 4,413 N/A
345,614 345,614 345,614 0 100.0%
0 0 0 0 N/A
5,406 0 565 (4,841) 10.4%
351,020 350,027 350,591 (428) 99.9%
0 0 0 0 N/A
18,000 0 0 (18,000) 0.0%
32,000 7,992 7,992 (24,008) 25.0%
50,000 7,992 7,992 (42,008) 16.0%
1,082 176 1,128 47 104.3%
389 5 394 5 101.2%
1,470 180 1,522 52 103.5%
Page: 9 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 25 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

CITY ATTORNEY
01-425 Retainer
01-427 Litigation
01-430 City Attorney litigation
01-435 Mtg, Trv, Prot.

TOTAL CITY ATTORNEY

CITY AUDIT
01-470 Audit
12-472 Gas Tax Audit
01-480 Misc/Bank charges

TOTAL CITY AUDIT

TOTAL EXPENDITURES

NET SURPLUS / (DEFICIT)
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
111,200 9,594 76,125 (35,076) 68.5%
84,413 8,053 87,774 3,362 104.0%
0 0 0 0 N/A
0 0 0 0 N/A
195,613 17,647 163,899 (31,714) 83.8%
39,500 0 8,600 (30,900) 21.8%
2,576 0 2,576 0 100.0%
4,452 451 3,890 (562) 87.4%
46,527 451 15,066 (31,462) 32.4%
7,326,414 739,669 4,973,799 (2,352,615) 67.9%
0 N/A
0 N/A
(2,277,391) (496,456) (317,100) 1,960,291 13.9%
Page: 10 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 26 of 105

THE CITY OF MONTE SERENO

REVENUES AND EXPENDITURES REPORT

FOR THE MONTH OF
May 2022

91.7% OF FY 2021-22 Adopted Budget

TOTAL FUND RESERVES

WARRANT CHECKING ACCOUNT
01-010 TOTAL WARRANT CHECKING

SAVINGS ACCOUNT
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg

TOTAL SAVINGS

TOTAL DEMAND ACCOUNTS

LAIF GENERAL FUND ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
01-025 Subtotal Unrestricted Reserve
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
40-024 Loma Serena Lighting District
Subtotal Restricted Reserve

TOTAL GENERAL FUND RESERVE

TOTAL ALL FUNDS
FY 2021-22
Mid-Year Budget

CURRENT MONTH
MAY 2022
FY 2021-22 YTD
ACTUAL
FY 2021-22 YTD
vs. FY 2021-22 Full
Year Mid-Year
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.

Full Year MidYear Budget
59,883 14,625 78,277 18,394 130.7%
8,542 (211,376) (241,388) (249,930) -2826.0%
0 35,231 155,081 155,081 N/A
16,117 50 623 (15,493) 3.9%
231,338 13,243 236,573 5,235 102.3%
56,403 0 499,667 443,264 885.9%
73 0 73 0 100.0%
3,744 8 3,961 217 105.8%
39 0 39 0 100.0%
316,255 (162,844) 654,629 338,374 207.0%
376,138 (148,218) 732,906 356,768 194.9%
43,972 0 647,671 603,698 1472.9%
3,200,000 0 3,500,000 300,000 109.4%
0 0 500,000 500,000 N/A
0 0 200,000 200,000 N/A
0 0 0 0 N/A
3,243,972 0 4,847,671 1,603,698 149.4%
0 0 0 0 N/A
130,755 0 131,506 751 100.6%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6,751 0 100.0%
185,549 0 186,300 751 100.4%
3,429,521 0 5,033,970 1,604,449 146.8%
3,805,659 (148,218) 5,766,876 1,961,217 151.5%
Page: 11 of 11 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 05 31 (Final 07-26-2022) Page 27 of 105

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Jessica Kahn,
Department: City Engineer
Title: Award of Contract to McKim Corporation for Fiscal Year 2022-2023 Pavement Management Program Construction Project in Total Amount Not to Exceed $342,571 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
Recommendation(s):

Staff recommends the City Council:

1. Adopt a resolution accepting the lowest responsible bid for the Fiscal Year 2022 2023 Pavement Management Program and determining project exempt from CEQA; and

2. Authorize the City Manager to award the construction contract to the lowest responsible bidder after receipt of the required contract documents, execute contract documents, and approve potential contract changes in aggregate amount not exceeding 10% of the contract award amount.

Background Information:

The 2022 Annual Pavement Improvement Project consists of various forms of pavement maintenance on several public streets (See Table 1). Depending upon the existing condition of the street, the project includes grinding and sweeping existing pavement, digout repair, patching, crack sealing, slurry sealing, asphalt overlay, adjusting utility boxes, monuments and manholes, traffic control and painting of pavement markings.

To provide flexibility in dealing with funding constraints, the bid schedule was divided into a base bid and two bid alternates. The determination of lowest bid is based upon the Base Bid.

Council may award the Base Bid only, or may award the Total Base Bid plus a combination of any or all of Bid Alternates A and B.

Table 1. List of Streets for 2022 PMP

STEET AREA (SQ YD) PCI
Base Bid
GREENWOOD ROAD 6482 51
QUITO ROAD 404 41
LA RINCONADA DRIVE 747 33
Bid Alternate A

AUSTIN WAY 2175 38
Bid Alternate B
ALEXANDER AVENUE 235 46
WEST ELLENWOOD AVENUE 345 30
The construction bid documents required time for construction completion is 30 calendar days following approval of the contract agreement and the date specified in the City’s Notice to Proceed.

Analysis:

City staff invited sealed bidding in accordance with requirements under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code sections 22000- 22050. On July 1 and 8, 2022, staff advertised the project in the Los Gatos Weekly Times and on the City’s website with a bid opening date July 20, 2022. The City received seven sealed bids on the scheduled bid opening time on July 20, 2020 for the 2022 Annual Pavement Improvement Project. A summary of the bid results is shown below:

Table 2. Base Bid Summary
Rank Contractor Base Bid Total
1 McKim Corporation $ 239,899.10
2 Radius Earthwork Inc. $ 289,642.37
3 Silicon Valley Paving Inc $ 292,479.00
4 J.J. Albanese, Inc. $ 299,680.00
5 QA Constructors $ 309,314.00
6 O'Grady Paving, Inc. $ 319,075.00
7 Tri-Valley Excavating $ 319,075.00
Staff checked the accuracy of all bids and determined that the lowest responsible Base Bid was submitted by McKim Corporation. McKim Corporation also submitted the lowest total bid amount (Base Bid + Alternates A and B) of $431,990.05, with Alternate A at $102,670.95 and Alternate B at $89,420.00.

Staff recommends the City Council accept the bids and authorize the City Manager to award the construction contract to the lowest responsible bidder in the Base Bid plus Alternate A amount of $342,571, execute the contract after receipt of the required contract documents and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount. Staff recommends awarding Alternate A in addition to the Base Bid as Austin Way is a more heavily traveled roadway than the streets in Alternate B and will deteriorate more quickly if not maintained.

California Environmental Quality Act:

Based on the scope of work, staff have determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 for repair and maintenance of existing streets, sidewalks, gutters, and similar facilities, as the project involves negligible or no expansion of existing or former use, and none of the exceptions to the use of a categorical exception as set forth in CEQA Guidelines section 15300.2 apply to this project.

Fiscal Impact:

The City Council approved budget for Fiscal Year 2022-2023 includes an allocation of $310,000 for this project. The recommended construction contract award amount is $342,571 plus 10% contingency of $34,257 for a total amount of $376,828.

Staff recommends funding the remainder of this project, approximately $67,000 with General Fund (01-015).

Alternatives:

Alternate actions the Council may wish to consider include:

1. Awarding a construction contract for the Base Bid only in the amount $239,899 and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount, for a total of $263,889.

2. Awarding a construction contract for the Base Bid and Alternate B in the amount $329,319 and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount, for a total of $362,251.

3. Awarding a construction contract for the Base Bid and Alternates A and B in the amount $431,990 and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount, for a total of $475,189.

4. Rejecting all bids and rebid the project.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Draft Resolution

RESOLUTION NO. ________

A RESOLUTION OF THE MONTE SERENO CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO AWARD THE CONSTRUCTION CONTRACT TO THE
LOWEST RESPONSIBLE BIDDER, MCKIM CORPORATION FOR 2022 PAVEMENT

MANAGEMENT PROGRAM PROJECT AND DETERMINING PROJECT EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15301
WHEREAS, consistent with the Public Contract Code, an invitation for bids for the 2022 Pavement Management Program Project (the “Project”) was posted and published on July 8, 2022; and
WHEREAS, the City received seven sealed bids for the Project and staff reviewed the bids and determined that the lowest responsible bid was submitted by McKim Corporation of Gilroy, California, in the total amount of $239,899.10; and
WHEREAS, staff recommends proceeding with the bid and authorizing the City Manager change orders during construction up to ten percent; and WHEREAS, the plans and specifications for the Project were approved by the City Engineer; and
WHEREAS, the staff recommends the City Council accept the bids received and authorize the City Manager to award the construction contract to the lowest responsible bidder for the base bid and alternative A amount of $342,571 and directs the Finance Director to make appropriations of an additional $66,828 from General Fund (01-015) and further authorizes the City Manager to execute its related contract documents and contract changes in the total aggregate amount not exceeding 10% of the contract award amount; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno as follows:

1. The above recitals are true and correct and material to this Resolution. In making its findings, the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials.

2. The City Council determines that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and that none of the exceptions in CEQA Guidelines Section 15300.2 apply, as this project consists of repair of existing public streets, with negligible or no expansion of existing use..

3. The plans and specifications for the Project on file with the City Clerk, are hereby approved and adopted.

4. In accordance with California Public Contract Code Section and any other applicable laws, the City Council of the City of Monte Sereno hereby finds the bid of $239,899.10 for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law.

5. The City Manager is hereby authorized and directed to execute the contract with McKim Corporation in substantially similar form to Exhibit A, which is attached hereto and

incorporated by this reference, for the sum of $342,571 for construction of the Project in accordance with the bid documents and applicable law upon submission by McKim Corporation of all bonds and related documents required pursuant to the Project bid documents.

6. The City Manager is hereby authorized to execute change orders in an amount not to exceed 10 % of the base bid, or $34,257.

7. City staff is hereby directed to issue a Notice of Award to McKim Corporation for this project.

I hereby certify that the foregoing is full, true, and correct copy of a Resolution duly passed and adopted by the City Council of the City of Monte Sereno, Santa Clara County, California, at a meeting thereof held on the 2nd day of August, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________
Javed I. Ellahie, Mayor
ATTEST:
__________________________________________
Michelle Estabillo, City Clerk

AGREEMENT FOR PUBLIC IMPROVEMENTS
2022 ANNUAL PAVEMENT IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into this 2nd day of August, 2022, between the City of Monte Sereno, a municipal corporation and political subdivision of the State of California, ("City") and McKim Corporation, a California Corporation, ("Contractor").1 This Agreement is made under the following circumstances:

RECITALS
City has taken appropriate proceedings to authorize (i) the construction of the public work and improvements as described in the Contract Documents (as hereinafter defined) and (ii) the execution of this Agreement. The public improvements described in the Contract Documents are hereinafter referred to as “Public Improvements.” The Public Improvements, together with the labor, equipment, supplies, materials, and other items or services required to produce the Public Improvements, are hereinafter referred to as the “Public Work.” A notice was duly published for bids to construct the Public Improvements.

On August 2nd, 2022, the City Council of City awarded to Contractor the contract for the construction of the Public Improvements.

City and Contractor desire to enter into this Agreement for the construction of the Public Improvements.

NOW, THEREFORE, the parties agree as follows:
1 The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors, and business or social invitees.

1. The Contract Documents
a. The complete contract consists of the following documents, all of which together are the “Contract Documents”: (i) the bound “Contract Documents and Specifications” for the project identified on page 1 of this Agreement (including, but not necessarily limited to, Notice to Bidders; Proposal; Bid Security Form; Bidder’s Bond; Statement of Experience and Qualifications; List of Subcontractors; Non-Collusion Declaration; Agreement for Public Improvements [sometimes referred to as “this Agreement” or “the Agreement”] and any documents, such as Certificates of Insurance, required by this Agreement; Faithful Performance Bond; Payment [Labor and Materials] Bond; Special Provisions; Technical Specifications; and the Appendix-Standard Details for Public Construction), (ii) the accepted bid (i.e., the accepted Proposal), (iii) the complete plans, (iv) the Standard Details, and (v) all executed versions of the above-listed documents. b. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the Public Work, the general and local conditions, and all other matters which can in any way affect the Public Work. Failure to make an examination necessary for this determination shall not release Contractor from the obligations of the Contract Documents. No oral agreement or conversation with any officer, agent, or employee of City or with City’s City Engineer either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained.
c. All of the Contract Documents are intended to be complementary, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed as if mentioned in all of the Contract Documents. In the event of any inconsistency between any provisions of the Contract Documents, the City Engineer shall determine which provision prevails. d. When the Contract Documents describe portions of the Public Work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any labor, materials, or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not specifically called for. Words that have a well-known technical or trade meaning shall be interpreted in accordance with that meaning.
e. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Bidders, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City’s consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Public

Work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.
f. Contractor shall furnish the following bonds (“Contract Bonds”):
(1) Performance bond in an amount not less than one hundred percent (100%) of the amount of the Contract Price, as defined in Section 25, to secure faithful performance of the Contract Documents and the guarantees against defective workmanship, materials, or both during the warranty period following final acceptance of the Public Improvements by City. (2) Payment bond in an amount not less than one hundred percent (100%) of the Contract Price, to secure payment of all persons supplying labor or materials for the construction of the Public Improvements.

2. Equipment; Performance of Public Work. Contractor shall furnish all tools, equipment, apparatus, facilities, services labor, and materials necessary to construct and complete the Public Improvements and perform the Public Work in a good and workmanlike manner, in strict conformity with and as required by the Contract Documents and subject to the approval of the City Engineer of City or the Engineer’s designated representative.

3. Permits and Care of the Public Work.
a. Contractor has examined the site of the Public Work and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors, and with any limitations affecting the performance of this Agreement. b. If the Public Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall, as set forth in California Public Contract Code Section 7104, promptly and before the following conditions are disturbed, notify City in writing of any:
(1) Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
c. City shall promptly investigate the conditions and shall issue a Change Order, pursuant to the provisions of this Agreement, if City finds that the conditions do materially so differ or do involve hazardous waste and therefore do cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the Public Work. d. In the event that a dispute arises between City and Contractor whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the Public Work, Contractor shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall

proceed with all work to be performed under the Contract Documents. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
e. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property that is owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

4. Permits; Business License Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each part of the Public Improvements, give all necessary notices, and pay all fees and taxes required by law. Contractor shall obtain and maintain in effect a business license from City until City has accepted the Public Improvements.

5. Excavation of Trenches As required by Labor Code Section 6705, in advance of excavation, Contractor shall submit to the City Engineer a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches. If such plan varies from the OSHA shoring system standards, the plan shall be prepared by a registered civil or structural engineer. A shoring, sloping, or protective system that is less effective than that required by the Construction Safety Orders shall not be used. The plan submitted by Contractor shall not be implemented until accepted by the City Engineer or by a registered civil or structural engineer, employed by City, to whom authority to accept has been delegated.

6. Superintendence by Contractor.
a. Contractor shall personally supervise the Public Work or have a competent foreman or superintendent (with authority to act for Contractor), satisfactory to the City Engineer, overseeing the Public Work (including, but not limited to, enforcing good discipline) and on site at all times while the Public Work is being done. Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for Contractor. Contractor shall notify the City Engineer in writing prior to any change in superintendent assignment.
b. Contractor shall be solely responsible for and have control over construction means, methods, techniques, and procedures for providing adequate safety precautions and coordinating all portions of the Public Work, unless the Contract Documents give other specific instructions concerning these matters.

7. Responsibility for Public Work and Materials. Until the acceptance of the Public Improvements, Contractor shall have the charge and care of the Public Work, including, but not limited to, the materials to be used therein, including materials for which he has received partial payment, and shall bear the risk of injury, loss, or damage to any part of the Public Work by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Public Work. Relief from maintenance and responsibility for a portion of the total Public Work will not be granted by City, unless specifically provided for in the Special

Provisions. Contractor shall rebuild, repair, or restore all injuries, losses, or damages to any portion of the Public Work occasioned by any cause before completion and acceptance of the Public Improvements and shall bear the expense thereof. Should such injuries, losses, or damages be caused by a third party, Contractor shall remain responsible and shall pursue on its own any proper response or payment by such third party for the injury, loss, or damage. Where necessary, Contractor shall, at its expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Public Work from damage. The suspension of the Public Work for any cause whatsoever shall not relieve Contractor of its responsibility for the Public Work as herein specified. Contractor shall properly store materials which have been partially paid for by City.

Such storage by Contractor shall be on behalf of City, and City shall at all times be entitled to the possession of such materials, and Contractor shall promptly return the same to the site of the Public Work when requested. Contractor shall not dispose of any of the materials so stored except on written authorization from the City Engineer.

8. Inspection by City. Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Public Work and to the shops wherein Public Work is in preparation.

9. Inspection and Testing of Materials.
a. No mill or factory inspection and testing of materials to be supplied by Contractor under this Agreement shall be performed by City, except as may otherwise be provided in the Technical Provisions. City’s decision not to inspect or test shall not relieve Contractor of any obligation to adhere to the Contract Documents. Materials to be used in the Public Work shall be subject to on-site inspection and tests by the City Engineer or his or her designated representative.

Contractor shall furnish, without charge, such samples as may be required and shall make available locations for required in-place testing.
b. Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The City Engineer shall make or approve all testing.

Unless otherwise noted in the Contract Documents, testing shall be made at the expense of Contractor. In any case, in the event that any material or work fails to pass the tests, the cost of subsequent testing of similar materials and work as may be required by the City Engineer shall be borne by Contractor.
c. Whenever a specification, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer’s test report shall supplement the inspection, sampling, and testing provisions of this Section and shall not constitute a waiver of City’s right to inspect. When material that cannot be identified with specific test reports is proposed for use, the City Engineer may, at his or her discretion, select random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the City Engineer.

10. Certificate of Compliance.
a. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that such Certificate be furnished. In addition, the City Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Contract Documents. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the Public Work and the lots so certified shall be clearly identified in the Certificate. b. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve Contractor of the responsibility for incorporating material into the Public Improvements that conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements shall be subject to rejection whether in place or not. City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

11. Changes in the Public Work.
a. City, without notice to the sureties and without invalidating any provision of the Contract Documents, may order changes in the Public Work within the general scope of the Contract Documents by altering, adding to, or deducting from the Public Work, and the Contract Price shall be adjusted accordingly, except as set forth in paragraph b of this Section. b. Conditions may arise during the prosecution of the Public Work necessitating minor variations in the provisions of the Contract Documents. In order to address these conditions, City may, without notice to the sureties and without invalidating any provision of the Contract Documents, make minor alterations, deviations, or changes to any such provision of the Contract Documents, without affecting any of the material or basic terms of the Contract Documents, including, but not limited to, the Contract Price, time for performance, as set forth in Section 13, schedule, as set forth in Section 14, and the basic design. No Change Order, as defined in paragraph c of this Section, shall be required for changes made pursuant to this paragraph b.

Contractor shall make such minor alterations, deviations, or changes in the Public Work (as called for by the minor alterations, deviations, or changes to the Contract Documents) which shall be documented in City’s inspection notes along with documentation of Contractor’s agreement thereto.
c. With the exception of minor changes not involving a significant extra cost (as described in paragraph b of this Section) and minor changes necessitated by emergency in order to protect persons, property, or the Public Work, all changes shall be performed only following the issuance of a written Contract Change Order (“Change Order”) by City. Contractor may request a Change Order, but no changes to the Public Work shall be undertaken by Contractor until the requested Change Order is executed by City.

d. In addition to stating the work to be altered, all Change Orders also shall state (1) whether the time for performance is to be adjusted and, if so, the amount of the adjustment; and (2) the basis for any adjustment in the Contract Price agreed to by both City and Contractor. The price adjustment may be on the basis of unit prices stated in Contractor’s bid, a lump sum payment, time and materials, or other basis agreed to by City and Contractor and stated in the Change Order (an “Executed Change Order”).
e. If City and Contractor are unable to agree on a basis for the price adjustment, City shall issue a Change Order stating the work to be altered and Contractor shall perform the work.

Contractor shall keep detailed records of the labor, materials, and equipment used or saved in connection with the change and makes such records available to City. City, at its option, shall adjust the Contract Price by using unit prices stated in Contractor’s bid or the actual necessary cost of the change work, plus fifteen percent (15%) to cover overhead, superintendence, general expense, contract administration, and profit.
f. If the Contract Price is reduced by alteration of the Public Work, Contractor shall not be entitled to compensation based on loss of anticipated profit from the altered or deleted work. g. Contractor’s disagreement with City’s determination of the need for, or amount of, an adjustment in the Contract Price, in the time for performance, as set forth in Section 13, or in the schedule, as set forth in Section 14, associated with an approved Change Order, (or Contractor’s disagreement with City’s determination that a change has not occurred and no Change Order is needed) shall not, under any circumstances, relieve Contractor from its obligation promptly to begin and diligently to prosecute the Public Work, including the change, as described in the Change Order issued by City or the change made pursuant to paragraph b of Section 11.

12. Requests for Information.
a. Should it appear that the Public Work to be done or any of the matters relative thereto is not sufficiently detailed or explained in the Contract Documents, Contractor shall apply to the City Engineer for such further written explanations as may be necessary and shall conform to them as part of the Contract Documents. In the event of any doubt or question arising respecting the true meaning of the Contract Documents,
b. City may back charge Contractor for the time and expense associated with unnecessary requests for information (“RFIs”) filed by Contractor. Unnecessary RFIs are those whose answers are already included in the Contract Documents or those which have previously been answered by the City Engineer or his or her designee.

13. Time for Performance.
a. The City Engineer shall deliver to Contractor a notice to proceed (the "Notice to proceed"), specifying the time for commencement of the Public Work, and Contractor shall not begin before such time. If there is more than one location for the Public Work, a separate Notice to proceed shall be given for each location. Should Contractor begin work in advance of receiving the Notice to Proceed, any work performed by Contractor in advance of such notice shall be

considered as having been done by Contractor at its own risk and as a volunteer. The Public Improvements shall be completed on or before the date specified in the Special Provisions applicable to the Public Work.
b. A working day is defined as any day (except Saturdays, Sundays, legal holidays recognized by the City of Monte Sereno and days on which the Contractor is specifically required by the specifications to suspend construction operations.

14. Schedule. All work shall be performed under the City Engineer’s direction in accordance with an appropriate schedule provided to the City Engineer by Contractor. The schedule shall be consistent with the Contract Documents, including, but not limited to, the prescribed completion date.

15. Emergency; Additional Time for Performance; Procurement of Materials. If, because of war or other declared emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of the restrictions, regulations, or controls, Contractor is, through no fault of Contractor, unable to prosecute the Public Work or perform this Agreement, or the Public Work is thereby suspended or delayed, any of the following steps may be taken:
a. City may, pursuant to resolution of the Council, grant Contractor additional time to prosecute the Public Work, sufficient to compensate in time, for the delay or suspension. To qualify for such extension of time, Contractor, within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof and give specific reason therefore. The City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in the Contract Documents, or permit substitution, or provide for changes in the Public Work in accordance with other provisions of the Contract Documents.

Substituted materials, or changes in the Public Work, or both, shall be ordered in writing by the City Engineer and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by Contractor; or b. If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after Contractor files the above notice, either party may, upon thirty (30) days' written notice to the other, terminate this Agreement. In such event, Contractor shall be compensated for all of the Public Work executed, upon a "unit" or "cost-plus ten percent (10%)" basis, whichever is the lesser, Materials on the ground, in process of fabrication or en route upon the date of notice of termination specially ordered for the Public Work and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided that Contractor shall take all steps possible to minimize this obligation; or c. City Council, by resolution, may suspend this Agreement until the cause of inability to perform is removed, so long as such extension does not exceed (30) days. If this Agreement is not terminated and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, City Council may further suspend this Agreement, or either party hereto may, without incurring any liability, elect to declare this Agreement terminated upon the ground of impossibility of

performance. In the event that City declares this Agreement terminated, the declaration shall be authorized by the City Council, by resolution, and Contractor shall be notified in writing thereof within five (5) days after the date of the resolution. In such case, Contractor shall be entitled to the portion of the Contract Price attributable to the portion of the Public Work which has been performed; or
d. City may terminate this Agreement, in which case Contractor shall be entitled to the portion of the Contract Price attributable to the portion of the Public Work which has been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and this Agreement shall be terminated upon receipt by Contractor of such notice. In the event of such termination, none of the covenants, conditions, or provisions of this Agreement shall apply to the Public Work not performed, and City shall be liable to Contractor only for the proportionate compensation described in the prior paragraph.

16. Rights of City to Increase Working Days. If Contractor anticipates that the Public Improvements will not be completed by the time specified in Section 13 of this Agreement and no Change Order has been executed dealing with the matter, Contractor may file an application for extension of time with the City Clerk, which shall be addressed to the City Council. If the application for extension of time is filed at least thirty (30) days prior to the deadline for completion of the Public Improvements under Section 13 of this Agreement, the City Council may increase the number of working days to the number it determines will best serve the interests of City. If City does increase the number of working days, City shall have the further right to charge to Contractor, and deduct from the final payment for the Public Work, City’s actual cost of engineering, inspection, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension.

17. Legal Work Day; Penalties for Violation.
a. As set forth in Section 1810 of the Labor Code of the State of California, eight (8) hours of labor shall constitute a legal day's work.
b. Section 1813 of the Labor Code provides that “The contractor or subcontractor shall, as a penalty to the [City], forfeit twenty-five dollars ($25) for each worker employed in the execution of [this Agreement] by [Contractor] for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of [Sections 1810 through 1817 of the Labor Code].” Section 1813 further provides that the above language shall be part of any contract for public work awarded by City.
c. Section 1815 of the Labor Code provides that “Notwithstanding the provisions of Section 1810 to 1814 inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.”

d. Based on the above provisions of the Labor Code, the following is made a part of this Agreement: Except as allowed by Section 1815 of the Labor Code, Contractor shall not require or permit more than eight (8) hours labor in a day from any worker employed by Contractor in the performance of work. Contractor shall forfeit as a penalty to City the sum of TWENTY FIVE DOLLARS ($25.00) for each worker employed in the execution of this Agreement by Contractor or by any of its subcontractor(s) for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in violation of the provisions of Section 1813 of the Labor Code, except as permitted by Section 1815 of the Labor Code.

18. Labor Nondiscrimination. Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

19. Prevailing Wage Rates. As required by Section 1773.2 of the Labor Code, copies of the prevailing rate of per diem wages (obtained from the Director of the Department of Industrial Relations) are on file at the City Engineer’s office and shall be made available to any interested party on request. A copy of the prevailing rate of per diem wages shall be posted at each job site.

20. Buy America Requirements. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements.

A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions.

The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor

shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work.

21. Payroll Records. Contractor and each of its subcontractors shall keep accurate payroll records as described in Section 1776 of the Labor Code and shall make such records available for inspection and furnish copies upon request as required by Section 1776. Contractor shall inform City of the location of the payroll records, including street address, city, and county, and shall advise City within five (5) working days of any change of location and address.

22. NOT USED

23. NOT USED

24. NOT USED

25. NOT USED

26. Authority of City Engineer The City Engineer shall decide all questions that may arise as to a. the quality or acceptability of materials furnished and work performed, b. the manner of performance and rate of progress of the work, c. the interpretation of the Contract Documents,
d. the acceptable fulfillment of the Contract Documents on the part of Contractor, and e. Compensation and contract time.
f. The City Engineer shall have authority to reject work that does not conform to the Contract Documents.

27. Correction; Removal of Rejected Work.
a. Contractor shall promptly correct work rejected by the City Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed, or completed, so that it does comply with the Contract Documents. Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections, and compensation for the City Engineer’s services and expenses made necessary thereby. b. Any work done beyond the lines shown on the drawings contained in the Contract Documents or established by the City Engineer, and all extra work done without written authority, shall be considered as volunteer or unauthorized work. Upon order of the City Engineer, unauthorized work shall be remedied, removed, or replaced at Contractor’s expense.

c. If Contractor fails to promptly correct nonconforming or rejected work, or to comply promptly with any order of the City Engineer under this Section, City may cause such work to be remedied, removed, or replaced and the costs thereof to be deducted from any monies due or to become due to Contractor.
d. The City Engineer’s failure to reject nonconforming work shall not be construed as acceptance of such work.

28. City’s Right to Stop the Work. If Contractor does not promptly correct work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out work in accordance with the Contract Documents, the City Engineer may, in writing, order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Contractor shall immediately comply with a written order of the City Engineer to stop the work. The work stopped shall be resumed as and when ordered by the City Engineer.

29. Claims.

Contractor shall submit claims and follow the claims procedure as more fully set forth in the General Provisions of the Contract Documents.

30. Contract Price.
a. In full payment for the Public Work, City shall pay, and Contractor shall accept the sum of THREE HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED SEVENTY ONE DOLLARS ($342,571) (the "Contract Price"). If the Contract Price is increased or decreased pursuant to this Agreement, the increased or decreased amount shall be the Contract Price. b. The Contract Price is determined by the unit or fixed prices contained in Contractor's bid. The quantities and unit or fixed prices are set forth in the Proposal in the Contract Documents.

In the event that any work is performed or materials furnished, in compliance with Section 11, in addition to those set forth in the Contract Documents, such work and materials shall be paid for at the prices contained therein.
c. The Contract Price shall be paid in installments as hereinafter provided. d. The Contract Price includes full compensation for all taxes which Contractor is required to pay or withhold, whether imposed by Federal, State, or local government, including, but not necessarily limited to, Federal excise, sales, and use taxes and employee withholding.

31. Payments to Contractor.
a. Periodically during the progress of the Public Work, as agreed by Contractor and the City Engineer, Contractor shall submit to the City Engineer a complete itemized statement of (i) all labor and materials incorporated into the Public Improvements during the period occurring since submission of the last such statement and (ii) the portion of the Contract Price applicable thereto. Upon the City Engineer’s written approval of the statement, it shall be paid by City. City

shall make payment within 30 days of receipt of application, less five percent retention, for satisfactory work performed during the period covered by the statement. b. Contractor shall accept the compensation provided in the Contract Documents as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Public Work and for performing all work contemplated and embraced under the Contract Documents; also for loss or damage arising from the nature of the Public Work, or from the action of the elements, or from any unforeseen difficulties that may be encountered during the prosecution of the Public Work until the acceptance by the City; and for all risks of every description connected with the prosecution of the Public Work, as well as for all expense incurred in consequence of the suspension or discontinuance of the Public Work as herein specified; and for completing the Public Work according to the Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve Contractor of any obligation to make good any defective work or materials. No compensation shall be made in any case for loss of anticipated profits.
c. City may retain out of any amount due to Contractor sums sufficient to cover claims and stop payment notices served upon City under Part 6 of the California Civil Code or any other provisions of law allowing or requiring withholding of payments to cover claims. d. City may retain out of any amount due to Contractor sums that are designated by the Contract Documents as being so retainable.

32. Subcontracting
Attention is directed to the provisions in Section 8-1.01, "Subcontracting," and Section 2, “Proposal Requirements and Conditions,” and Section 3, “Award and Execution of Contract,” of the Standard Specifications and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dir/Labor_law/DLSE/Debar.html.

The provisions in the third paragraph of Section 8-1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization.

Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions.

This requirement shall be enforced as follows:

a. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract.

33. Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval.

Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

34. Payment Requests and Retention – Prompt Payment of Funds Withheld to Subcontractors a. All payment applications shall be accompanied by the appropriate waiver and release form as set forth in Civil Code sections 8132, 8134, 8136, or 8138. The City shall hold five percent (5%) retainage of the Contract Price from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. In the event that City specifically allows Contractor to except any claims from the operations of the release, there shall be retained by City stated amounts to be set forth therein and approved by the City Engineer. If any claims are filed against the Public Work, City shall withhold final payment until the validity of such claims shall have been properly determined. In this regard City is hereby empowered to pay directly to claimant the full amount of any valid claims. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. b. Pursuant to Section 22300 of the California Public Contract Code and to the extent permitted by Section 22300, securities may be substituted for any monies withheld by a public agency to ensure performance under a contract. Any monies for which securities have been substituted shall be paid to Contractor. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with a financial institution approved by City’s Director of Finance or with a state or federally chartered bank in California as the escrow agent.

The escrow agent shall release such securities to Contractor following the expiration of thirty (30)

days from the date of filing of a Notice of Completion by City, unless the securities are to be withheld by City to correct defective work or otherwise complete the Contract Documents or are subject to withholding by City to satisfy stop work notices or other claims and costs associated therewith.
c. Alternatively, Contractor may request and City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by Contractor. The escrow agent shall release such securities (together with any interest and payments received by the escrow agent from City) to Contractor following the expiration of thirty (30) days from the date of filing of a Notice of Completion by City, unless the securities (including any payments received by the escrow agent from City and not yet invested into securities) are to be withheld by City to correct defective work or otherwise complete the Contract Documents or are subject to withholding by City to satisfy stop work notices or other claims and costs associated therewith.
d. Securities eligible for investment under this Section shall be those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, and any other security mutually agreed to by Contractor and City.
e. In the event that securities are used pursuant to this Section, City and Contractor shall execute an escrow agreement substantially similar to the Escrow Agreement For Security Deposits in Lieu of Retention set forth in Section 22300.
f. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
g. In the event of any amendment to Section 22300 of the California Public Contract Code, the provisions of this Section shall be deemed to include such amended language.

35. Final Payment.
a. Contractor shall notify the City Engineer in writing when it considers the Public Improvements complete and shall request a final inspection, which the City Engineer shall make. b. Obtain, complete, and submit the “Final Report Utilization of Disadvantaged Businesses Form” (Exhibit 17-F of the Caltrans’ Local Assistant Procedural Manual). c. After the City Engineer has made the final inspection and determined that the Public Improvements have been completed in all respects in accordance with the Contract Documents, Contractor shall prepare and submit a final Change Order, if any, and a proposed final invoice in writing, prepared in a form acceptable to the City Engineer. The final Change Order shall document any changes in the Public Work not covered by previous Change Orders and shall comply with the applicable provisions of Section 11. The proposed final invoice shall show the

proposed total amount of compensation payable to Contractor, including an itemization of that amount segregated as to contracted-for item quantities, extra work, and other bases for payment.

The proposed final invoice shall also show all deductions made or to be made for prior payments and amounts to be kept or retained under the Contract Documents. d. After receipt of an acceptable final Change Order and an acceptable final invoice, the City Engineer shall recommend to the City Council that the Public Improvements be accepted by City. (Any use by City of any part of the Public Improvements prior to formal acceptance by City shall not constitute acceptance by City and shall not relieve Contractor from full responsibility for correcting defective work or materials.) Immediately upon and after such formal written acceptance by City, Contractor shall be relieved of the duty of maintaining the Public Work as a whole, and Contractor shall not be required to perform any further work thereon except as provided concerning guarantees of work and correction of work during warranty period. e. Contractor’s acceptance of final payment shall constitute a waiver and release of all claims by Contractor against City related to the Public Work, except for claims previously made in writing and verified as unsettled by Contractor at the time of submission of the final invoice and not subsequently settled prior to final payment. (This release shall be interpreted as meaning a release that is permitted under Section 7100 of the California Public Contract Code.) The making of final payment, however, shall not operate to release Contractor or its sureties from obligations arising under the Contract Documents. Specifically, the making of final payment shall not constitute a waiver and release of claims by City arising from (a) unsettled or future liens, (b) failure of the Public Work to comply with the Contract Documents, (c) the terms of any warranties required by or contained in the Contract Documents, (d) the right to any insurance proceeds or the right to make any insurance or bond claims, (e) any claims with respect to Contractor’s obligation of indemnity provided for in the Contract Documents, or (f) any latent defect or fraud.

36. Option of City to Terminate Agreement in Event of Failure to Complete Public Improvements.
a. If (a) Contractor refuses or fails to prosecute the Public Work, or any severable part thereof, with such diligence as will insure completion of the Public Improvements within the time specified, or any extensions thereof, (b) Contractor fails to complete the Public Improvements within the time specified by Section 13 or Section 16, as applicable, of this Agreement, (c) Contractor is adjudged a bankrupt, makes a general assignment for the benefit of Contractor's creditors, (or if a receiver is appointed in the event of Contractor's insolvency), or (d) if Contractor, or any subcontractor, violates any of the provisions of the Contract Documents, the City Engineer or the City Council may give written notice to Contractor and to Contractor's sureties of City’s intention to terminate this Agreement. The notice shall contain the reasons for the intention to terminate this Agreement. Unless, within five (5) days after delivery of the notice, the violation ceases or satisfactory arrangements for its correction are made, City may terminate this Agreement. b. Upon termination of this Agreement, Contractor shall, unless otherwise instructed in writing by the City Engineer, do the following:

(1) Stop all work under the Contract Documents;
(2) Remove equipment from the work site(s), as directed by the City Engineer; (3) Take such action as is necessary to protect the Public Work from damage; (4) Notify all subcontractors and suppliers that this Agreement is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City Engineer;
(5) Provide the City Engineer with an inventory of all materials previously produced, purchased, or ordered from suppliers for use in the Public Work and not yet so used, including the storage locations and such other information as the City Engineer may request; (6) Dispose of materials not used in the Public Work as directed by the City Engineer;
(7) Provide City with good title to all materials purchased by City hereunder, including materials for which partial payment has been made, with bills of sale or other documents of title for such materials;
(8) Subject to the prior written approval of the City Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder; (9) To the extent directed by the City Engineer, assign to City all the right, title, and interest of Contractor under subcontracts or orders for materials terminated hereunder; (10) Provide the City Engineer with any documentation required to be furnished by Contractor for projects involving state and/or federal funds or otherwise required under state or federal law or regulation or under this Agreement to be furnished by Contractor; (11) Take such other actions as the City Engineer may direct.

37. Liquidated Damages.
a. If the Public Improvements in all parts and respects are not finished and completed in accordance with Section 13 or Section 16, as applicable, of this Agreement, City will sustain damages which will be impracticable and extremely difficult to ascertain and determine. In lieu of actual damages, Contractor shall pay to City the sum set forth in the Special Provisions applicable to the Public Work. Such monies shall be liquidated damages. At its option, City may deduct the amount of such liquidated damages from any monies due or that may become due Contractor pursuant to this Agreement.
b. Contractor shall not be assessed with liquidated damages for the cost of engineering and inspection occasioned by the delay beyond the time named for the completion of the Public Improvements caused by fires, floods, earthquakes, or other natural disasters or acts of God, epidemics, quarantine restrictions, acts of terrorism or of the public enemy, acts of City, strikes

not based upon unfair employment practices of Contractor, freight embargoes, delays of subcontractors due to such causes, or by inclement weather or conditions resulting immediately from adverse to the conduct of the construction at that point, as determined by the City Engineer; provided, however, that Contractor shall notify the City Engineer in writing of the cause of delay, within ten (10) days from the beginning of the delay, and the City Engineer shall ascertain the facts and the extent of the delay, and his or her findings of fact shall be final and conclusive. c. If Contractor is delayed because of alterations in the Public Improvements made by City (which are not contemplated by this Agreement), the time of completion shall be extended as stated in any Executed Change Order, and Contractor shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges, or other penalties. Contractor shall have no claim for any other compensation for any such delay other than as may be set forth in the Executed Change Order.

38. Patents. Contractor shall assume all costs arising from or in connection with or related to the use of patented materials, equipment, devices, or processes, used on or incorporated in the Public Work and shall indemnify City, the City Engineer, and their duly authorized representatives and save them harmless from all suits at law or actions of every nature for, on account of, in connection with, or relating to the use of patented materials, equipment, devices, or processes. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using such materials, equipment, devices, or processes, or (b) replace them, or (c) modify them so that they become non-infringing, or (d) or remove the enjoined materials, equipment, devices, or processes and refund to City the sum paid therefore without prejudice to any other rights of City or the City Engineer.

39. Performance by Sureties. In the event of any termination under this Agreement, City shall immediately give written notice thereof to Contractor and Contractor's sureties and such sureties shall have the right to take over and perform this Agreement. It is provided, however, that if such sureties, within five (5) days after receiving the notice of termination, do not give City written notice of their intention to take over the performance of this Agreement and do not commence performance thereof within five (5) days after notice to City of such election, City may undertake the Public Work and prosecute the same to completion by contract or by any other method City may deem advisable, for the account, and at the expense, of Contractor. The sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Public Work such materials, appliances, plant, and other property belonging to Contractor as may be on site of the Public Work and necessary therefore. Should Contractor contract in an individual capacity, Contractor shall require that the surety bond contain the following provision: "Should Contractor contract in his or her individual capacity, the death of Contractor shall not relieve the surety of its obligations."

40. Contract Security. Concurrently with the execution hereof, Contractor shall furnish: (a) a surety bond in an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract Documents; and (b) a separate surety bond in an amount equal to at least one hundred percent (100%) of the Contract Price as security for the

payment of all persons performing labor and furnishing materials in connection with the Contract Documents. Sureties on each of the bonds and the form thereof shall be satisfactory to City and be approved by the City Engineer.

41. Responsibility for Damage; Indemnification.
a. Neither City nor any of its elective or appointive boards, bodies, or commissions or members thereof or City’s employees, officers, agents, representatives, or consultants (including, without limitation, engineers and attorneys) shall be liable, responsible, answerable, or accountable in any manner for any of the following (“Potential Liabilities and Claims”):
(1) Damage to the Public Work or any part thereof,
(2) Personal injury (including, without limitation, physical injury, mental or emotional injury or distress, and loss of consortium), including, without limitation, personal injury to any of the following (“Potential Claimants”):
i. Contractor,
ii. subcontractors,
iii. consultants,
iv. the owner, lessees, sub-lessees, tenants, and other occupiers of the property where the Public Work is being performed or of any property in the vicinity of such property,
v. employees, agents, representatives, business invitees of any of the foregoing,
vi. any third person and members of the public
vii. City, members of its elective or appointive boards, bodies, or commissions, its employees, officers, agents, representatives, and consultants (including, without limitation, engineers and attorneys),
(3) Wrongful death to any person including, without limitation, to Potential Claimants,
(4) Property damage to the real, personal, or intangible property of any person, firm, or entity, including, without limitation, that of any Potential Claimant, or (5) Business losses and business interruption losses suffered by any owners, lessees, sub-lessees, tenants, or other occupiers of the real property where the Public Work is being performed or of any property in the vicinity of such property. b. To the maximum extent permitted by law, Contractor shall be responsible for and shall indemnify, defend, and hold harmless City, its elective and appointive boards, bodies, and commissions and members thereof, and its officers, employees, agents, representatives, and

consultants, including, without limitation, the City’s engineers and attorneys (“City Indemnitees”), from and against any claim, demand, action, cause of action, cost, expense, liability, fine, penalty, judgment, lien, loss, and damage of any kind whatsoever (including, without limitation, the Potential Liabilities and Claims), arising directly or indirectly from, or in connection with or relating to, (i) Contractor's or any of Contractor’s subcontractors' activities, actions, conduct, or operations under the Contract Documents or in performing the Public Work, whether such activities, actions, conduct, or operations be by Contractor or by any of the subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any subcontractor, (ii) any breach or failure of Contractor to perform its obligation or duties under the Contract Documents, or (iii) from any other cause whatsoever during the progress of the Public Work or at any time before the final completion and acceptance of the Public Improvements. The Contractor shall not be required to defend or indemnify for such claims that arise from the sole negligence, willful misconduct, or active negligence of the City Indemnitees only to the extent required by Civil Code section 2782. The duty of Contractor to indemnify and hold harmless includes the duties to defend (by legal counsel satisfactory to City) as set forth in Section 2778 of the Civil Code and to pay attorney’s fees and litigation costs required by such defense. c. With respect to third party claims against Contractor, to the maximum extent permitted by law, Contractor waives any and all rights to any type of express or implied indemnity against City, its elective and appointive boards, bodies, and commissions and members thereof, and its officers, employees, agents, representatives, and consultants (including, without limitation, engineers and attorneys). It is the intent of the parties that Contractor’s duties of defense and indemnity shall apply and be in full force and effect regardless of the existence or degree of negligence or other fault on the part of the parties indemnified or on the part of any other person, firm, or entity, except that such duties of defense and indemnity shall not apply with respect to the active negligence or willful misconduct of City, its elective and appointive boards, bodies, and commissions and members thereof, and its officers, employees, agents, representatives, and consultants (including, without limitation, engineers and attorneys). Should any part of the indemnity provisions of this Agreement be held invalid or unenforceable, Contractor shall nonetheless be responsible to indemnify and defend and save each of the indemnities hereunder harmless to the maximum extent provided by law. The requirements of this provision shall survive termination of this Agreement.
d. The above indemnification by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of or in connection with or related to any of the operations of Contractor or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

42. Insurance.
a. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors, the following minimum scope and insurance, at least as broad as follows:

(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, unless waived by the City. b. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. d. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 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). (2) For any claims related to this project, the Contractor’s 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 Coty, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(3) Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
e. Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. f. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. g. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. h. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s 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.
i. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

43. Guaranty of Work.
a. Notwithstanding inspections and acceptance by City of work furnished under the Contract Documents, Contractor warrants to City that all materials and equipment furnished under the Contract Documents, including that provided pursuant to Change Orders, will be of good quality and new, that the Public Improvements will be free from defects in material or workmanship, and that the work furnished under the Contract Documents will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

b. This warranty by Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials.

This warranty shall be in effect notwithstanding any disclaimers or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

44. One Year Guaranty Upon Final Acceptance.
a. Upon final acceptance of the Public Improvements, the following guaranty shall become operative: Contractor shall repair or replace, at its own expense, any part of the Public Improvements that at any time during a One (1) year period subsequent to the date of the final acceptance becomes damaged or defective because of faulty workmanship or defective materials or any part of the Public Improvements found not to be in accordance with the Contract Documents, specifically including, but not limited to, the provisions of Section 40. Contractor shall make the necessary corrections promptly after written notice from City to do so and shall pay for any damage to other property resulting from such nonconforming work. b. Upon final acceptance of the Public Improvements, Contractor shall file with City a corporate surety bond in the sum of ten percent (10%) of the final Contract Price (including all Change Orders) to secure this guaranty to City or deposit with the City an equivalent amount of cash for the one year period.
c. In the event that Contractor fails (within a reasonable time after request therefore) to make any repairs or replacements required by this Section 41 (or in the event of an emergency when delay could cause risk of damage or loss), City may undertake the repairs and replacements with its own forces or through contract, and Contractor shall reimburse City for any and all costs of the repairs or replacements, even if the cost exceeds the principal sum of the corporate surety bond or retention which is security for the performance of this guaranty. Contractor and its surety may provide the foregoing guaranty in the original performance bond. City’s records setting forth the fair and reasonable cost of repairing, replacing, or restoring the damage or defect when performed by any party other than Contractor shall be binding and conclusive as to the amount thereof upon Contractor.
d. Nonconforming work that is remedied under this Section shall be subject to an extended warranty obligation, identical in terms to that provided by Section 40 and by this Section 41, for a period of one (1) year after the nonconforming work has been remedied. e. Nothing in this Section 41 shall be construed to establish a period of limitation with respect to other obligations that Contractor may have under the Contract Documents.

Establishment of the period of two years as described in this Section relates only to the specific obligation of Contractor to correct the work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the work.

45. Non collusion Declaration. In the event that this Agreement is awarded pursuant to a bid made by Contractor, the “Non collusion Declaration To Be Executed By Bidder And Submitted With Bid” is hereby made a part of this Agreement as required by Public Contract Code section 7106.

46. Assignment of Clayton Act and Cartwright Act Rights. As required by Section 7103.5(c) of the California Public Contract Code, the following verbatim reproduction of Section 7103.5(b) of the California Public Contract Code is included in this Agreement and made part thereof: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all right, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.” This Agreement is a public works contract to supply goods, services, or materials; Contractor is the contractor; and City is the awarding body. Therefore, Contractor and City are bound by the provisions of Section 7102.5(b) of the California Public Contract Code.

47. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

48. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid addressed as follows:

If to City:

Attn: City Engineer
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
If to Contractor: _________________________________________________ _________________________________________________
_________________________________________________
_________________________________________________
If to sureties of Contractor: ___________________________________________ ___________________________________________
___________________________________________
___________________________________________
If to the Escrow Agent of Contractor, if any: _______________________________ _______________________________
_______________________________

49. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

50. Compliance with Law. Contractor shall comply with all policies, rules, regulations, ordinances, statutes, and other law applicable to any work performed pursuant to the Contract Documents, including, but not limited to, those related to air and water quality, pollution, pesticides, noise, and the California Environmental Quality Act.

51. Independent Contractor. Contractor shall independently perform all work under this Agreement and shall not be considered as an agent or employee of City, nor shall Contractor’s subcontractors or employees be considered as subagents of City.

52. Assignment.
a. The performance of the Contract Documents may not be assigned except upon the written consent of City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety (ies) of their responsibilities under the Contract Documents nor will City consent to any assignment of a part of the work under the Contract Documents. b. Contractor may assign monies due or to become due Contractor under the Contract Documents and, to the extent permitted by law and to the extent such monies are available, City shall recognize the assignment if given timely notice thereof, but any assignment of monies shall be subject to all proper set-offs in favor of City and to all deductions provided for in the Contract Documents. Notwithstanding the foregoing, all money withheld, whether assigned or not, shall be subject to being used by City for the completion of the Public Work in the event that Contractor should be in default therein.

53. Governing Law. The Contract Documents shall be subject to and governed by the law of the State of California.

54. Severability. In the event that any of the provisions or portions thereof, of this Agreement or any other part of the Contract Documents is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforcement of the remaining provisions or portions thereof shall not be affected thereby.

55. Entire Agreement. This Agreement and the rest of the Contract Documents contain the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement and the rest of the Contract Documents that are not fully expressed herein.

56. Modification or Amendment. Except as the Contract Documents may specifically provide otherwise, this Agreement and the rest of the Contract Documents may be modified or amended only by a writing signed by both parties hereto.

57. Successor Parties. This Contract Documents shall inure to the benefit of and be binding upon the parties, their heirs, legal representatives, successors, and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date and year first hereinabove written.

CITY OF MONTE SERENO CONTRACTOR
___________________________________ _____________________________________ (Signature) (Signature)
___________________________________ _____________________________________ (Print or Type Name) (Print or Type Name)

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Monte Sereno, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor)____________________________, as Principal, a Construction Services Agreement, dated the ___________ day of ___________, 20___ (Agreement), titled ___________________________ PROJECT, in the amount of $______________, which Agreement is by this reference made a part hereof, for the work described as follows:
(Describe Agreement Work) .

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The

term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

Bond No. _________

CONTRACTOR'S LABOR AND MATERIAL BOND
(To Be Submitted with the Agreement)
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Monte Sereno, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) _________________, as Principal, a Construction Services Agreement, dated the ___________ day of ______________, 20 ____ (Agreement), titled THE ______________________ PROJECT located at __________________________ in the amount of $_____________________________, which Agreement is by this reference made a part hereof, for the work described as follows:
(Describe Agreement Work) .

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection

with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 2nd day of August , 2022.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consider Application 2022-3034 for a Use Permit for a New Approximately 5,022 Square-Foot Sport Court (Tennis Court) at 18216 Daves Avenue Recommendation(s):

Staff recommends that the City Council approve of the Use Permit as conditioned in the draft resolution.

Background Information:

The subject property is at 18216 Daves Avenue and is a corner lot where Daves Avenue turns.

The existing house was approved by the Site and Architectural Commission at their February 6, 2018 meeting and construction was completed on May 3, 2019. The existing house is onestory and approximately 6,459 square feet.

Site and Architectural Commission Meeting
This project was heard at the July 6, 2022 Site and Architectural Commission meeting. At the meeting, the project architect described the proposal and no other public comments were made. The Commissioners were complimentary of the project, particularly the landscape screening which screens the tennis court from the street as well as the neighboring properties.

The Site and Architectural Commission recommended that the City Council approve the Use Permit with a vote of 4-0-1 with Commission Zeidler absent.

Analysis:

Submitted Design
The applicant has submitted plans for a new tennis court in the backyard of the subject site.

The proposed tennis court is approximately 5,022 square feet, which includes the court and seating area along the side. The proposed material for the tennis court surface is a fully permeable that will allow for rainwater to run through and be absorbed into the ground below.

Therefore, this area is not counted towards impervious coverage. The following table notes the requirements for the Municipal Code requirements for sports courts and how the proposed project meets each requirement:

Municipal
Code
Section
Requirements Proposed Project

10.18.040.B Grading for the sports court shall not
exceed one thousand (1,000) cubic
yards combined cut and fill and any
grading in excess of fifty (50) cubic
yards shall require a grading permit
from the City.

The combined cut and fill
proposed is 406 cubic yards. A
grading permit will be issued
as part of the building permit
for the improvements.

10.18.040.C No fence or other enclosure of the
sports court shall be higher than ten
(10) feet and enclosures in excess of
six (6) feet in height shall be
constructed of galvanized or dark
plastic-coated wire fabric. All sports
courts shall be screened from view
by suitable landscaping.

The proposal includes a tenfoot-high chain link fence
around the tennis court that
will have dark green posts and
plastic-coated wire fabric.

Landscape screening is
proposed along the east and
south property lines with 18
Swan Hill Olive trees to screen
the tennis court and fencing
from Daves Avenue as well as
the neighboring property to the
south. Additionally, along
Daves Avenue a row of 19
Pacific Wax Myrtle trees are
proposed in front of the
existing fence along this side
of the property.

10.18.040.D All sports courts shall comply with the
standard setback provisions for main
dwelling units in the zoning district in
which they are located.

The proposed location of the
tennis court meets the
required 30 foot front yard
setback, 20 foot interior side
yard setback, 25 foot side
corner setback, and 30 foot
rear yard setback.

10.18.050 No sport court shall be artificially
lighted.

No lighting is proposed for the
tennis court.

Use Permit
Pursuant to Monte Sereno Municipal Code section 10.18.030, a Use Permit is required for a Sport Court that exceeds 3,000 square feet is size. Section 10.10.010 of the City of Monte

Sereno Municipal Code provides that the City Council, in its discretion, may issue permits for such uses. In considering an application for a Use Permit, the City Council shall consider the recommendation of the Site and Architecture Commission.

In considering use permit applications, the City Council is to consider whether:

1. The granting of the permit is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

2. The granting of such permit will not, under the circumstances of the particular case, materially affect adversely the health, welfare or safety of persons residing or working in the neighborhood of the property of the applicant, nor be materially detrimental to the public welfare or injurious to property or improvements in the community.

To approve a use permit, the City Council must make all the following findings. The staff analysis is provided below each finding in italics.

1. The proposed use will not impair the integrity and character of the zoning district.

The proposed tennis court is a permitted use within the zoning district subject to a use permit. As the proposed tennis court meets all standards of the zoning code, the use will not be expanded, and the proposed use will not impair the integrity and character of the zoning district.

2. The proposed use would not be detrimental to public health, safety, or general welfare.

The proposed use will not be detrimental to the public health, safety, or general welfare as it meets all required zoning standards including setbacks and will have sufficient landscape screening to block the view of the tennis court from neighboring properties and the public right-of-way.

3. The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of this Title.

The proposed use meets the Community Character and Environmental Sustainability guiding principles of the Monte Sereno General Plan as the proposed development will not impact surrounding properties due to the proposed landscape screening and the use a pervious surface for the tennis court will reduce environmental impacts by maintaining rainwater infiltration at the site.

4. The proposed use as designed, will not cause a substantial adverse impact upon the environment, or the proposed use will provide public benefits which outweigh the substantial adverse impact upon the environment.

The proposed use will not cause substantial adverse impact upon the environment as it meets all required zoning standards including setbacks and will have sufficient landscape screening to block the view of the tennis court from neighboring properties and the public right-of-way.

5. Conditions exist, or can be required, to mitigate any adverse impacts associated with the use.

There are no adverse impacts above the existing allowed use which would create an adverse impact.

Staff recommends that the Site and Architectural Commission recommend the City Council approve the Use Permit as all zoning standards are met and the required Use Permit findings can be made.

California Environmental Quality Act:

Exempt per CEQA Guidelines section15303, as this is the creation of a single small appurtenant structure (tennis court) to an existing residential single-family use as permitted under the zoning code, and CEQA Guidelines section 15304, as a minor private alteration to land, including grading, not involving removal of healthy, mature, scenic trees.

Public Noticing:

A public notice was mailed on July 22, 2022 to all property owners and residents within 300 feet of the subject property. A hearing notice was posted at three locations within the City and on the subject property on July 29, 2022. An agenda for this meeting was posted on the City’s webpage on July 29, 2022.

Attachments:

1. Proposed Plans

2. Letter from Property Owner of 18220 Daves Avenue

3. Draft Resolution 18216 Daves Av

Location Map
18216 Daves Avenue
Monte Sereno, California
APN 410-29-013
Sheet Legend
The Nakamura Residence
Use Permit Application for:

L1.0 Landscape Plan
L3.0 Coverage Calculations Title Sheet
T
4-25-22
L4.0 Grading and Cut/Fill Calcs
Title
Overall Site Plan
Scale 1"=30'-0"
Scope of Application: Tennis court - 5,022 sf
Fencing
Fencing note: The perimeter fencing around the
property is existing. The fencing in this application
refers only to the chain link fencing around the
tennis court. See notes on plans L1.0 and L2.0
for location and heights of court fencing.

Proposed
court for
use permit
L2.0 Dimensions and Setbacks
Date
Scale
Drawn
Job
Of
Sheet
. Sheets The Nakamura Residence 18216 Daves Avenue Monte Sereno California DRF
Nakamura David R. Fox & Company 1188 kotenberg Avenue san jose 95125 408-761-0212 phone [email protected] Landscape Architecture C1.0 Current Topography
L5.0 Court Views
L1.1 Fence Elevations and Detail

455.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
445.00 TW
441.00 BW
4' wall
444.00 TW
441.00 BW
3' wall
443.00 TW
441.00 BW
2' wall
442.00 TW
441.00 BW
1' wall
442.00 TW
441.00 BW
1' wall
442.00 TW
439.60 BW

2.4' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
Date
Scale
Drawn
Job
Of
Sheet
. Sheets The Nakamura Residence 18216 Daves Avenue Monte Sereno California DRF
Nakamura David R. Fox & Company 1188 kotenberg Avenue san jose 95125 408-761-0212 phone [email protected] Landscape Architecture Landscape Plan 4-22-22
1"=10'-0"
L1.0
Note on existing and new elements in the project:

Existing items as indicated in the reference notes:
#1 - The house
#2 - Trellis next to house
#15 - Perimeter fences and gates
#20 - Driveway
#21 - Walkways as indicated
#28 - The portion of the patio under the existing trellis and in front of the house doors.
#30 - 24" retaining wall
All other elements shown on the plan are new.
1 2
2 3
3 4
5 6
6 8
10 10
10 10
11 12
12 13
13 13
14 15
15 15
15 15
15 15
16 16
20 21
21 22
23 23
29 28
30 28
31 SYMBOL DESCRIPTION
House
Existing trellis and fireplace to remain
Pool and Spa
Tennis area trellis
Observation patio for tennis court
Steps down to tennis court. The court is 3` below the level of the patio at this end
Tennis court with surrounding retaining walls
Property line
Fire pit
Existing trees to remain
Tennis court screen plantings
Lawn area, either natural or synthetic turf. If synthetic will be of fully permeable section for full water flow through the turf.

Existing 6` perimeter fence and gates
New trees
Exisitng driveway
Existing walkway to remain
Benches at court level
Retaining walls
This portion of the patio is existing and will remain
Line between existing patio to remian and new patio
2` existing retaining wall to remain
Edge of paving Daves Ave
New chain link fence around perimeter of tennis court. The fence will be on the edge of the court or on top of the retaining wall that surrounds the court. The fence will be 10` max height when not on top of a wall and less than 10` by the height of the wall when in that location. 1 2
3 4
5 6
8 10
11 12
13 14
15 16
20 21
22 23
28 29
30 31
32 REFERENCE NOTES SCHEDULE
32 32
32 32 Page 68 of 105
10'5'-2" 10' 7'-4"
Side View of court (neighbors side) from inside property line fence Side View of court (neighbors side) from outside property line fence End View of court (Daves Ave end) from inside property line fence End View of court (Daves Ave end) from outside property line fence Screening tree:

Olea 'Swan Hill' - Swan Hill Olive
Screening shrub:

Myrica Califorinca - Pacific Wax Myrtle
Existing 6' wood property line fence
Line of Olive screening at 16' high
this tree will grow to 25'-30' tall.

Installed height will be +/- 10'.

The 16' height is at 3-4 years from planting
Line of Olive screening at 16' high
this tree will grow to 25'-30' tall.

Installed height will be +/- 10'.

The 16' height is at 3-4 years from planting
Installed height
Installed height 10'
8'
Dark green vinyl coated
chain link fabric
Dark green painted posts
Fence will be shorter when
on top of retaining wall
Tennis Court Fence Detail
1 2
"=1'-0"
Date
Scale
Drawn
Job
Of
Sheet
. Sheets The Nakamura Residence 18216 Daves Avenue Monte Sereno California DRF
Nakamura David R. Fox & Company 1188 kotenberg Avenue san jose 95125 408-761-0212 phone [email protected] Landscape Architecture Fence Elevations and Detail 5-30-22
As Shown
Fence Elevations - Scale 1"=10'-0"
L1.1 Page 69 of 105
108'
96' 46' 34'
8'-6"
27' 6'
25'
25'
108' 46'
12'-3"
26'-9"
25' 30'
20'
12' 35'
13'-7"
14'-9"
12'
13'-7"
Setback dimension, 12' for pool, 20' side and
30' rear for tennis court
Dimension
Existing 6' wood fence to remain
Retaining wall
Legend
1 3
4 10
10 10
10 23
23 23
23 23
26 25
12 12
29 28
30 20'
25 3
2 27
27 31
15 15
15 15
15 15
15 15
455.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
445.00 TW
441.00 BW
4' wall
444.00 TW
441.00 BW
3' wall
443.00 TW
441.00 BW
2' wall
442.00 TW
441.00 BW
1' wall
442.00 TW
441.00 BW
1' wall
442.00 TW
439.60 BW

2.4' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall
444.50 TW
441.00 BW

3.5' wall Dimensions and Setbacks
4-22-22
1"=10'-0"
L2.0
Date
Scale
Drawn
Job
Of
Sheet
. Sheets The Nakamura Residence 18216 Daves Avenue Monte Sereno California DRF
Nakamura David R. Fox & Company 1188 kotenberg Avenue san jose 95125 408-761-0212 phone [email protected] Landscape Architecture

SYMBOL DESCRIPTION
House
Existing trellis and fireplace to remain
Pool and Spa
Tennis area trellis
Property line
Existing trees to remain
Existing 6` perimeter fence and gates
Exisitng driveway
Existing walkway to remain
Retaining walls
20` side setback line for tennis court
30` rear setback line for tennis court
12` side setback for pool
This portion of the patio is existing and will remain
Line between existing patio to remian and new patio
2` existing retaining wall to remain
Edge of paving Daves Ave
New chain link fence around perimeter of tennis court. The fence will be on the edge of the court or on top of the retaining wall that surrounds the court. The fence will be 10` max height when not on top of a wall and less than 10` by the height of the wall when in that location. 1 2
3 4
10 12
15 20
21 23
25 26
27 28
29 30
31 32

REFERENCE NOTES SCHEDULE
Note on existing and new elements in the project:

Existing items as indicated in the reference notes:
#1 - The house
#2 - Trellis next to house
#15 - Perimeter fences and gates
#20 - Driveway
#21 - Walkways as indicated
#28 - The portion of the patio under the existing trellis and in front of the house doors. Hatched area next to house.
#30 - 24" retaining wall
All other elements shown on the plan are new.
20 21
21 32
32 32
32 32 Page 70 of 105
Concrete paving (100%) Permeable pavers (50%) Decomposed Granite walks (0%) Stone over permeable base (50%) HarTru tennis court surface (0%) House and covered porches (100%) Pool and Spa (100%) Areas with no hatch are open ground or plantings Existing trellis to remain 426 sf New 320 sf trellis Date Scale Drawn Job Of Sheet . Sheets
The Nakamura Residence
18216 Daves Avenue
Monte Sereno California DRF Nakamura
David R. Fox & Company
1188 kotenberg Avenue san jose 95125
408-761-0212 phone [email protected]
Landscape Architecture Coverages 4-22-22 1"=10'-0" L3.0 Allowable Impervious Coverage - 44,016 (30%) = 13,205 SF Impervious Areas Item Factor Total Total structural coverage 8,789 100% 8,789 Concrete 206 100% 206 DG paths 524 0% 0 Permeable pavers 2490 50% 1,245 Stone over permeable base 4645 50% 2,323 HarTru tennis court surface 5020 0%0 Total 12,563 Allowable Structural Coverage - 44,016 (20%) = 8,808 SF Area SF House and garage 6,516 Covered porches 687 Trellises, one ext., one new 746 Pool and Spa 840 Total 8,789

439
440
443
441
444
442
445
446
447
439
440
443
441
444
442
445
446
447
448 455.50 TW 441.00 BW 444.50 TW 441.00 BW 444.50 TW 441.00 BW 446.50 TW 444.00 BW 447.50 TW 443.65 BW 447.00 TW 444.00 BW 444.00 FS 444.00 FS 444.00 FS 444.00 FS 444.00 FS 443.86 FS 443.86 FS 443.86 FS 441.00 FS 445.00 TW 441.00 BW 444.00 TW 441.00 BW 443.00 TW 441.00 BW 442.00 TW 441.00 BW 442.00 TW 441.00 BW 442.00 TW 440.00 BW 442.00 TW 439.60 BW 443.86 FS 442.11 FS 441.25 FS 441.00 FS 440.68 FG 441.00 FS 440.68 FG 444.50 TW 441.00 BW 444.50 TW 441.00 BW 444.50 TW 441.00 BW 444.00 FS 441.00 FS 443.65 FS 448 446 444 442 440 438 436 434 447 445 443 441 439 437 435 433 Court Area Area of Cut Area of Fill 444.50 TW 441.00 BW 1L2.0
1L2.0
2L2.02L2.0 448 446 444 442 440 438 436 434 447 445 443 441 439 437 435 433 Court Area Area of Fill 12" 12" court section
12" 12" court section Section 1 Section 2 447.75 TW 444.00 BW 447.25 TW 444.00 BW Daves Ave Area of Cut Area of Fill Area of Cut Area of Fill 4'
1'-8"
1'-10" Perimeter fence Perimeter fence Screen plantings Ext. 6' wood fence Screen planting Ext. 6' wood fence Date Scale Drawn Job Of Sheet . Sheets
The Nakamura Residence
18216 Daves Avenue
Monte Sereno California DRF Nakamura
David R. Fox & Company
1188 kotenberg Avenue san jose 95125
408-761-0212 phone [email protected]
Landscape Architecture
1 2
3 4
5 6
7 8
9 9
9 10 10 10
910 SYMBOL DESCRIPTION House Spa Pool Tennis area trellis Observation patio for tennis court Steps down to tennis court. The court is 3` below the level of the patio at this end Walkway down to tennis court and steps Tennis court with surrounding retaining walls Perimeter fence and gates Property line 12345678910 REFERENCE NOTES SCHEDULE Grading Quantities Cut 349 cuyds Fill 57 cuyds Total 406 cuyds Notes: 1. Grading totals above are for tennis court plus retaining walls. 2. Totals also include 12" excavation to sub-grade for court paving section.

Tennis Court Grading
Sections
Grading Quantities 11 12 12 12 4-22-22 1"=10'-0" L4.0

Date Scale Drawn Job Of Sheet
. Sheets
The Nakamura Residence
18216 Daves Avenue
Monte Sereno California DRF Nakamura
David R. Fox & Company
1188 kotenberg Avenue san jose 95125
408-761-0212 phone [email protected]
Landscape Architecture Looking Towards Daves Ave from Court Level From Daves Ave Screening on South and West Property Lines Court in Relation to Neighbors Court Views L5.0 4-25-22 Court location Neighbors house Neighbors Drive

CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM C1 Topography Map 18216 Daves Avenue - apn 410-29-013

Diana Perkins
From: ElizabethSemichy
Sent: Tuesday, July 5, 2022 9:44 AM
To: City Planner
Subject: Use permit at 18216 Daves Ave.

To whom it may concern at the SITEAND ARCHITECTURALCOMMISSION meeting on Wednesday, July 6, 2022 at 7:00PM City of Monte Sereno, CA,
Regarding the proposed Sport Court (tennis court) at 18216 Daves Ave. Monte Sereno CA (APN:410~29—O13) application number 2022-3034:

WE, Robert and Elizabeth Semichy, as adjacent neighbors directly west at 18220 Daves Ave., fully SUPPORT the installation of said sports court.

Sincerely,
Elizabeth F. Semichy
Robert L.Semichy (retired LGHSteacher and tennis coach)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO APPROVING A USE PERMIT (2022-3034) FOR THE PROPERTY LOCATED AT 18216 DAVES AVENUE (KOICHIRO AND SATOMI NAKAMURA)
WHEREAS, Koichiro and Satomi Nakamura (referred to as “Applicant”) applied for a Use Permit Applications (No. 2022-3034) at 18216 Daves Avenue for an approximately 5,022 square foot tennis court.

WHEREAS, a public hearing before the Site and Architecture Committee was set and held on July 6, 2022 to take evidence on the Application and at that hearing evidence was given both orally and in writing; and
WHEREAS, on August 2, 2022, the City Council held a public hearing and the City Council has considered all the evidence presented regarding the Application, including reports, written submissions, and testimony made by the applicant, staff, and members of the public.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO AS FOLLOWS:

Section 1. In accordance with Monte Sereno Municipal Code section 10.08.030 and the criteria set forth in 10.10.010, the City Council hereby finds as follows with respect to the Use Permit, Application No. 2022-3034:

1. The proposed use will not impair the integrity and character of the zoning district.

The proposed tennis court is a permitted use within the zoning district subject to a use permit. As the proposed tennis court meets all standards of the zoning code, the use will not be expanded, and the proposed use will not impair the integrity and character of the zoning district.

2. The proposed use would not be detrimental to public health, safety, or general welfare.

The proposed use will not be detrimental to the public health, safety, or general welfare as it meets all required zoning standards including setbacks and will have sufficient landscape screening to block the view of the tennis court from neighboring properties and the public right-of-way.

3. The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of this Title.

The proposed use meets the Community Character and Environmental Sustainability guiding principles of the Monte Sereno General Plan as the proposed development will not impact surrounding properties due to the proposed landscape screening and the use a pervious surface for the tennis court will reduce environmental impacts by maintaining rainwater infiltration at the site.

4. The proposed use as designed, will not cause a substantial adverse impact upon the environment, or the proposed use will provide public benefits which outweigh the substantial adverse impact upon the environment.

The proposed use will not cause substantial adverse impact upon the environment as it meets all required zoning standards including setbacks and will have sufficient landscape screening to block the view of the tennis court from neighboring properties and the public right-of-way.

5. Conditions exist, or can be required, to mitigate any adverse impacts associated with the use.

There are no adverse impacts above the existing allowed use which would create an adverse impact.

Section 3. In accordance with the City of Monte Sereno Municipal Code, Section 10.07.060.B, the City Council hereby finds that the proposed change in nonconforming impervious coverage to be undertaken by the project is more compatible with the particular zoning district as the overall impervious coverage on the site will be reduced, brining the site in closer compliance with the zoning district standards.

Section 4. In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt from CEQA per CEQA Guidelines section 15303 and section 15304.

None of the exceptions to the use of a categorical exemption, as identified in CEQA Guidelines section 15300.2, applies to this project:
• The project is not located in a sensitive environment such that the project may impact an officially mapped and designated environmental resource of hazardous or critical concern;
• The cumulative effect of successive projects of the same type in the same place, over time, is not likely to be significant, in light of the permitted zoning; • The project does not have a significant environmental impact due to unusual circumstances, in that the project is not unusual in light of the scope of similar permitted projects within the zoning district;
• The project will not damage scenic resources (i.e. trees, historic buildings, or rock outcroppings) within an officially designated state scenic highway; • The project is not located on a listed hazardous waste site; or • The project will not cause substantial adverse change in the significance of a historical resource.

Section 5. Based upon the findings set out above, the City Council hereby determines, concludes and orders that the Use Permit is approved subject to the conditions of approval set forth in Exhibit A.

Section 6. The City Clerk is hereby directed to give notice of this decision to the Applicant by serving Applicant by first class mail, postage prepaid, with a copy of this resolution.

REGULARLY APPROVED this 2nd day of August 2022 by the following roll call vote:

Ayes:

Noes:

Abstain:

Absent:
______________________________
BY: Javed I. Ellahie, Mayor
ATTEST:
______________________________
Michelle Estabillo, City Clerk

EXHIBIT A

STANDARD CONDITIONS OF APPROVAL
2022-3034 at 18216 Daves Avenue

1. Acceptance of Permit. Should the applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the permittee shall be deemed to constitute all the following on behalf of the permittee:
a. Acceptance of the Permit by the permittee; and
b. Agreement by the permittee to be bound by, to comply with, and to do all things required of or by the permittee pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 9 applicable to such Permit.

2. Defense of Legal Challenges. If there is any third party administrative, legal, or equitable action challenging the project approvals, including without limitation claims under CEQA, the Permittee shall defend, hold harmless, and indemnify the City against any such claims, including all liability, fees and costs arising out of the defense such as costs of City's own counsel. If such an action is filed, the Permittee and City shall then enter into an agreement regarding selection of counsel and other provisions related to the defense. For this purpose, "City" includes the City and its elected and appointed officials, agents, officers and employees.

3. Building Permit. Procurement of a Building Permit from the Building Official for the structures described or contemplated under this permit shall be deemed acceptance of all conditions specified in this permit and the permittee's agreement to fully comply with all of said conditions.

4. Compliance with Local and State Laws. The subject site/use shall be conducted in full compliance with all local and state laws. No part of this approvalshall be construed to permit a violation of any part of the Monte Sereno Municipal Code. The permit shall be subject to revocation if the subjectsite/use is conducted in such a manner as to cause a nuisance.

5. Conformance with Plans. The development of the site shall conform to the approved plans entitled, Use Permit Application for: the Nakamura Residence, dated April 25, 2022, on file with the Planning Department.

6. Building Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Building Official:
a. Construction Plans. This permit file number, 2022-3034 shall be printed on all construction plans submitted to the Building Official. b. Construction Plan Conformance. A project construction plan conformance review by the Planning Department is required. Planning Department review for project conformance will begin with the initial plan check submittal to the Building Official.

Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions.

7. Hours of Construction. Outside construction shall be limited to the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturday. No outdoor construction work is allowed on Sunday or Holidays, as observed by the City, unless specifically permitted in response to an emergency.

8. Revocation for Failure to Comply with Permit. In any case where the conditions and limitations to the site development permit have been violated as imposed by the Commission and/or the City Council, per Section 10.08.070 of the Monte Sereno Municipal Code, the City shall give notice to the permittee that the site development permit may be revoked, and shall revoke said site development permit if the stated requirements are not met within sixty (60) days of the date of the notice.

9. Stormwater Design. The California Regional Water Quality Control Board requires all projects, or a combination of related projects, that create and/or replace 2,500 square feet or more of impervious surface to comply with Provision C.3.i of the Municipal Regional Stormwater NPDES Permit. As required by the Chief Building Official, the permittee shall verify the total area of impervious surface to be created and/or replaced within the scope of this project, or this project combined with other related projects and/or permits, and incorporate the site design measure(s) required under Provision C.3.i into the plans submitted for a building permit.

10. California’s Model Water Efficient Landscape Ordinance: Prior to issuance of a Building Permit, permittee shall comply with the requirements of California’s Model Water Efficient Landscape Ordinance, by submitting the required information to the Building Official.

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Appoint a Member to the 2022-2023 Monte Sereno Youth Commission
Recommendation(s):

Staff recommends that the City Council consider one application for the 2022-2023 Monte Sereno Youth Commission and make one appointment.

Background Information:

At its June 7, 2022 meeting, the City Council appointed six applicants to the Youth Commission. City ordinance calls for appointments of Youth Commissioner annually and allows for up to fifteen (15) Youth Commissioners and there are currently nine (9) vacancies left on the Commission. At the same meeting, City Council directed staff to extend recruitment for the Youth Commission until their August 2, 2022 meeting. Staff received one (1) application from Yash Sharma during this extended recruitment. If appointed, the applicant 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:

Application - Yash Sharma - Youth Commission

City of Monte Sereno
Commission Application
Date Received: July 24, 2022
Applying for: Youth Commission
Name: Yash Sharma
Previously Held Elected or
Appointed Governmental
Positions:

N/A
Civic or Charitable Organizations
You Have Belonged To:

Rotary Club, IT Corridor, Bangalore, Inda
Education: N/A
Why do you want to be on the
selected Commission?:

I would like to be on the Monte Sereno youth commission to focus on technology literacy, safety and security.

I would like to help the younger population understand technology by conducting youth programming education classes, and connecting people with skills who love to teach with kids who love to learn. I would like to bring technology to improve safety and security in Monte Sereno. For example - using computer vision to automate flock camera validation.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:
2020, Multiple Award Winner at Synopsys Science Fair for the project “Automatic Fuel Filler”: Winner of the Zeidman Award and Student Award from the Association for Computing Machinery. In 2021, won recognition from the City of Sunnyvale Mayor for my performance at the 2020 Synopsys science fair 2021, 2nd Place Synopsys Science Fair for the project “Improving efficiency of Wind Turbines”
2022, Naval Science Award Synopsys Science Fair for the project “Automatic Fire Fighting Drone” In 2022 won recognition from the City of Monte Sereno mayor for performance at the 2021 Synopsys science fair. My former instructor wrote an article on this accomplishment: https://medium.com/berkeley-codingacademy/data-science-student-success-945522c5222f 2022, Conducted a programming camp for underprivileged children with the Rotary Club, IT Corridor, Bangalore, India
2022, Conducted a heart disease testing camp for 208 underprivileged children with the Rotary Club, IT Corridor, Bangalore, India
Interest Projects: Drone Automation Through Voice, Automated Machine Learning Solution, Deepfake Classification Project, AI Multi Purpose Discord Bot, Face Detection Based Doorbell, Diabetes Detection Project, “Buddy” Chatbot through Voice Conversations

2 years of Artificial Intelligence programming
2 years of Speech and Debate, Won 1st Place Tournament at Rose Debate Academy Policy Debate, Currently at Young Genius, participated on multiple Public Forum tournaments
Extensive knowledge of Python Programming Language, Web Development, Java Programming Language including Algorithms and Data Types Knowledge of Data Analysis, Machine Learning, and Deep Learning Mentored college student on Machine Learning
Participated in three Business Fairs in Santa Clara county generating more than 10% profit
Started People of Programming as a business venture for teaching programming Excellent speech and presentation skills
Please list your current
commitments:

I currently run a programming class at thepopschool.wordpress.com.

During the summer break:

I am attending a Java programming class (Tuesdays 6:30 - 9:30 PM) I also go to Karate on Wednesdays and Thursdays from 6 - 7 PM.

What strengths do you possess
that you believe will make you a
successful commissioner?:

If there is a problem, I don't stop working on it until it is solved. Furthermore, I like to get to the root of the problem and start thinking of solutions from there.

What do you see as the
important issues in Monte
Sereno?:

Street lights (lack of), porch pirates, proper security camera maintenance (flock), insufficient lane separation on streets.

What strengths do you possess
that you believe will make you a
successful commissioner?:

If there is a problem, I don't stop working on it until it is solved. Furthermore, I like to get to the root of the problem and start thinking of solutions from there.

What, if any, career interests do
you have currently?:

The career interests I currently have is being a machine learning researcher or starting a company centered on machine learning.

Helping kids learn technology to improve heir lives (underprivileged children), or to create a better career for themselves.

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Designate Voting Delegate and Alternatives to the League of California Cities
Recommendation(s):

Staff recommends that the City Council designate a voting delegate and alternates for the League of California Cities.

Background Information:

The Cal Cities 2022 Annual Conference and Expo is scheduled for September 7 -9, 2022 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 9, 2022. At the Annual Business Meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting and consistent with Cal Cities bylaws, the Monte Sereno City Council must designate a voting delegate. The City Council may also appoint up to two (2) alternates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

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:

LOCC Correspondence

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 31, 2022 RlE@lEl]W/E
JUN 9 2022

CITYOFMONTESERENO
DATE: June 1,2022
TO: City Managers and City Clerks
RE: DESIGNATIONOF VOTING DELEGATESAND ALTERNATES
League of California Cities Annual Conference 8. Expo — September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo isscheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference isthe Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote atthe Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate votingdelegates, one of whom may vote ifthe designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. Thiswill allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. - Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that desianatincl the votina deleciate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. o Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration willopen by June 1 on the Cal Cities website. In order to cast a vote, at least one voter

LEAGUE OF

CALIFORNIA
CITIES
o Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be Transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. Ifthe voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. - Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card willsit in a separate area. Admission to this area willbe limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. Ifthe voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, willbe open at the following times: Wednesday, September 7, 8:00 a.m.
— 6:00 p.m.; Thursday, September 8, 7:00 a.m.
— 4:00 p.m.; and Friday,
September 9, 7:30 a.m.—l2:30 p.m. The Voting Delegate Desk willalso be open at the Business Meeting on Friday, but willbe closed during roll calls and voting.

The voting procedures that willbe used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. Ifyou have questions, please call Darla Yacub at (916) 6588254.

Attachments:
- Annual Conference Voting Procedures
- Voting Delegate/Alternate Form

LEAGUE OF
CALlFORNlA
CITIES
Annual Conference Voting Procedures
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

Designating a City Voting Representative. Priorto the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they willreceive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

Voting Area at Business Meeting. At the BusinessMeeting, individuals with a voting card willsit in a designated area. Admission willbe limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

LEAGUE OF CALIFORNIA c|1'Y;
CITIES
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2‘ 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates willbe seated in a separate area at the Annual Business Meeting. Admission to this designated area willbe limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. Thissticker can be obtained only at the Voting Delegate Desk. ‘I. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE- ALTERNATE 3. VOTING DELEGATE- ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTIONDESIGNATINGVOTING DELEGATEAND ALTERNATESOR ATTEST:I attirm that the information provided reflects action by the city council to designate the voting delegate and aIternate(s).

Name: Email
Mayor or City Clerk Date Phone

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Discuss and Consider Revisions to Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission and Consider Adding an Attendance Policy to Section 12.03 Recommendation(s):

Staff recommends that the City Council review Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission and consider making revisions.

Background Information:

At the June 21, 2022 member, Councilmember Lawler requested that an agenda item regarding the Youth Commission's attendance policy be placed on a future City Council agenda for discussion and consideration.

Currently, Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission does not have a section that specifically addresses Commissioner attendance but Chapter 12.03.040 Removal Process Section B states the following:

12.03.040 - Removal Process
Any member of the Commission may be removed for the following reasons:
• A. The member ceases to be a resident of the City.
• B. The member fails to attend three (3) consecutive regular Commission meetings without an approved excuse by the Commission.
• C. The member is removed by a majority vote of the City Council.

Council may wish to amend code section 12.03.040 as stated in line B above. Staff recommends failure to attend two (2) consecutive regular Commission meetings without an approved excuse instead of the current three (3) meetings.

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.

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Discussion and Direction Regarding the City of Monte Sereno's Continued Membership in the Santa Clara County Cities Association Recommendation(s):

Staff recommends the Monte Sereno City Council discuss and provide direction to Monte Sereno staff regarding its desire to continue its participation and annual membership in the Cities Association.

Background Information:

The Cities Association of Santa Clara County was created in 1990. The objective of the charter was to join all 15 cities in Santa Clara County to collaborate on regional and state legislative issues. An example of a legislative item which resulted from the Cities Association Legislative Action Committee (LAC) was the reusable bag or “bag ban” across our region at retail and grocery stores.

Analysis:

There has been concern among Monte Sereno City Councilmembers about the cost of the annual membership of the Cities Association for Monte Sereno to be included as a member.

Monte Sereno’s current annual cost for fiscal year 2021-2022 was $6,523.13. The City of San Jose pays $13,046.27. Our neighboring cities of Los Gatos and Saratoga pay $8,697.51 each.

Since the population of the cities in these examples is much larger (San Jose almost 1 million residents, Saratoga and Los Gatos 33,000 residents verses Monte Sereno 3,500 residents), Monte Sereno is effectively paying a disproportionate share for annual membership. Monte Sereno City Council should consider the merits of membership verse the annual cost structure and provide direction to Monte Sereno City staff and if Monte Sereno desires to remain a member of the Cities Association in FY 2023-2023 and beyond.

Fiscal Impact:

Annual membership dues for the Cities Association FY 2021-2022 are presently $6,523.13.

Alternatives:

1. Take no action and remain as an agency member in the Cities Association

2. Terminate Monte Sereno membership beginning in FY 2022-2023

Conclusion:

Monte Sereno City Council should discuss and analyze the merits verses the annual cost of remaining as members of the Cities Association. Monte Sereno’s membership is currently paid through FY 2021-2022. The next bill for membership will arrive in June of 2023.

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:

Cities Association Annual Dues Schedule

P.O. Box 3144
Los Altos, CA 94024
https://citiesassociation.org
408-766-9534
To: City Managers
From: Andi Jordan, Executive Director
Date: June 21, 2021
RE: FY 2022 Cities Association Membership Dues – pay by July Attachments: Dues, Budget, w9, Cities Association Update Per the bylaws, I am attaching the final budget adopted by the Board of Directors. Please consider this your invoice. I understand that your jurisdictions will not pay prior to July 1. Please pay by July 31, 2021. If you would like to pay by ACH transfer, please have your finance department contact me.

CASCC FY 2022 Membership Dues
CITIES
2021-2022
DUES
Large Cities
San Jose
Santa Clara
Sunnyvale $13,046.27
Medium
Cities
Cupertino
Gilroy
Milpitas
Mountain View
Palo Alto $10,856.89
Small Cities
Campbell
Los Altos
Los Gatos
Morgan Hill
Saratoga $8,697.51
Very Small
Cities
Los Altos Hills
Monte Sereno $6,523.13

Portion Cities
2018-2019
Dues
2018 - 2019
Revenue
2019-2020
Dues
2019-2020
Revenue
2020-2021
Dues
2020-2021
Revenue
2021-2022
proposed dues
2020-2021
proposed
revenue
Large Cities 26.10%
(3) San Jose,
Santa Clara,
Sunnyvale $ 12,605.09 $ 37,815.27 $13,046.27 $39,138.80 $13,046.27 $39,138.80 $13,046.27 $39,138.80 Medium
Cities 36.20%
(5) Cupertino,
Gilroy,
Milpitas,
Mountain
View, Palo Alto $ 10,489.75 $ 52,448.76 $10,856.89 $54,284.47 $10,856.89 $54,284.47 $10,856.89 $54,284.47 Small Cities 29.00%
(5) Campbell,
Los Altos, Los
Gatos, Morgan
Hill, Saratoga $ 8,403.39 $ 42,016.97 $8,697.51 $43,487.56 $8,697.51 $43,487.56 $8,697.51 $43,487.56 Very Small
Cities 8.70%
(2) Los Altos
Hills, Monte
Sereno $ 6,302.54 $ 12,605.09 $6,523.13 $13,046.27 $6,523.13 $13,046.27 $6,523.13 $13,046.27 Total Dues Income $ 144,886.09 $ 149,957.10 $ 149,957.10 $ 149,957.10 Cities Association of Santa Clara County Approved Dues: 2021-2022

Cities Association of Santa Clara County 2020-2021 General Budget 2017-
2018
Actual
(throug
h June
4)
2018-2019
Actual
(through
March 31,
2019)
2019-2020
adopted
budget
2019-2020
estimate
2020-2021
proposed
fy 2021
estimate
fy 2022
proposed
REVENUE:
projected resources:
starting balance 70,060 95,372 122,000 91,740
restricted 31,500
unrestricted 63,872
total BFB 37,500 37,500 70,060 190,744
Dues 87,868 144,886 149,957 150,290 150,290 150,290 150,290 Non-dues
(directories) 915 300 500 0
LAIF interest 500 500 3,000 2,000 2,000 2,000
Event Tickets
(~65people x
2events) 7,250 5200+ 10,400 6,911 10,400 10,400
Revenue Totals 161,357 160,201 162,690 162,690
Total Resources 161,357 230,261 258,062 274,290 254,430

GENERAL
EXPENSES:

Office Expenses
(insurance, printing,
meeting supplies,
office supplies, ED
expenses, software,
website update,
recognition, PO Box,
postage, etc) 7,166 12,000 11,570 7,500 11,070 11,600 13,000 one time equipment
for new hire/ 5,000 1,200
Priorities for Board
Directed Projects
(intern for legislative
activities, project) 1,000 5,000 1,000 5,000 5,000
attorney 18,000 20,000 50,000
accountantk/bookke
eper 13,000 5,000
Office: Personnel
salaries 70,000 100,000 105,000 105,000 119,400 124,650 124,650 Payroll expenses 7,000 10,000 10,500 10,500 10,500 11,000 12,650 Consultant (legal or
other consultant to
complete
organizational
status, legal) 1,069 3,000 4,000 3,500 5,000 5,000
EVENT
EXPENSES:

Membership Dinner -
DECEMBER 14,000 12,769 14,000 7,389 14,000 2,300 14,000 Membership
Meeting - SPRING 4,500 6,500 11,000 0 7,500 0 7,500
Expense Totals 161,070 134,889 195,470 182,550 238,000
ending fund balance 95,372 62,592 91,740 16,430

STAFF REPORT
Meeting: City Council - Aug 02 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Consider Revisions to the City of Monte Sereno Ad Hoc Committees Recommendation(s):

Staff recommends that that the City Council consider creation, revisions, and extensions to ad hoc committee appointments.

Background Information:

The City Council of Monte Sereno utilizes ad-hoc committees as subcommittees of the City Council for special assignments to complete work tasks on projects later presented for Monte Sereno City Council consideration. Ad-hoc committee assignments are for one-year terms and expire automatically unless renewed annually after their original inception. While ad-hoc committees are not subject to Brown Act requirements regarding agendas and open meetings, any permanent or standing committees created by the City Council are subject to such requirements, even if less than a quorum of the Council sits on such committees. Thus, ad hoc committees should be limited in scope and duration
Analysis:

Monte Sereno City Council currently has six ad hoc committees, five of which are depicted in Attachment. At its June 7, 2022 meeting, the Council formed the Housing Element Update Ad Hoc Committee and appointed Mayor Pro Tempore Mekechuk and Councilmember Leuthold as members.

Council may consider adding ad hoc committees to facilitate the implementation of the Council's FY2022-23 adopted goals. Council may further consider ad hoc committee appointments that expire annually in December. Policy should be adopted to align with the mayor appointment process and post election results in election years. Council should consider evaluating ad hoc committee appointments at annual budget adoption (six-month checkup) to align with adopted annual goals and the subsequent work items.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Conclusion:

Acceptance of recommended staff suggestions to the current City of Monte Sereno AdHoc Committee appointments and policies will allow for work items to be addressed in a more organized fashion.

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:

Attachment 1: Ad Hoc Commitee Assignments
Council Work Schedule 2022
Future Work Items

City Council Ad Hoc Committees*
Established Reso # Ad Hoc Committee Title Charter Members August 3, 2021 Housing Legislation Ad-Hoc • Local Control • RHNA
Councilmember Turner
Mayor Ellahie
August 3, 2021 Veteran’s Memorial • Assist with the development, refinement, and final design ofthe memorial; and
• Determine where the memorial should be located
Mayor Ellahie
Councilmember Lawler
August 3, 2021 Operations and Outreach
Committee
• Solicitation of resident feedback
• Efficient processing and tracking of resident reported issues • Work planning, including milestones, schedules, effortestimates, and capacity alignment
• Metrics based success criteria at organization, department,and individual levels
• Operations review
• Status reporting
• Root-cause, corrective action
Councilmember Turner
Councilmember Lawler
August 3, 2021 Climate Action Ad-Hoc • Develop a Climate Action plan for Monte Sereno by researching other entities plans and choosing what is applicable.
• Bring completed proposed Climate Action plan to staff for review. • After staff review and council adoption, develop community implementation.

Councilmember Leuthold
Councilmember Lawler
December 21,
2021
Information Technology Services
Ad Hoc
• Discuss IT related issues which include security, cloud management, software, etc.

Councilmember Leuthold
Councilmember Turner
January 18,
2022
Emergency Preparedness
Committee
• Assist with development of emergency preparedness program in the City
Councilmember Turner
Councilmember Lawler
*Ad hoc committees expire 1 year after date of establishment Amended: January 18, 2022

Future Work Items (not yet agendized)
Work Items 2022
Council Meeting Date Agenda Item Staff Public Hearing
Notice (Y/N)
Agenda Category
August 2, 2022 Warrant List RS
N Consent Calendar
Financial Reports (Revenues and Expenses, LAIF, etc) RS N Consent Calendar
Award of Contract for FY22‐23 Pavement Management Program ConstructionProject JK
N Consent
Ad Hoc Assignments and Work Plans SL
N New Business
Youth Commissioner Appointments MR
N New Business
League of California Cities Annual Conference Voting Delegate SL N New Business
Attendance Policy for Youth Commission Lawler
N New Business
Cities Association Ellahie
N New Business
Application 2022‐3034 for a Use Permit for a new approximately 5,022 squarefoot sport court (tennis court) at 18216 Daves Avenue Clerk
Y Public Hearing
August 16, 2022 New Municipal Regional Stormwater Permit (MRP 3.0) JK N Presentation
Minutes of 5/24, 6/21, and 7/21 Clerk
N Consent
Citizen of the Year SL
N New Business
See Click Fix Update Clerk
N New Business
Manager’s Quarterly Report Steve
N New Business
September 6, 2022 User/Regulatory Fees Updates/Study Steve N New Business
September 20, 2022 League of California Cities Items (Ellahie) ‐ pending Mayor N New Business
Hiring of Building Inspector/Code Enforcement Officer SL N New Business
October 4, 2022 Fire Department Update SL
N Presentation
Update on Monte Sereno Wireless SL
N New Business
October 18, 2022

Future Work Items (not yet agendized)
Work Items 2022
November 1, 2022 MS Polices Services Report SL/Police
N Presentation
Update Reach Codes SL
N New Business
November 15, 2022
December 6, 2022 Declaring Weeds a Public Nuisance
Approve City Council Committee/Commission Assignments MR N New Business
Council Nomination of Mayor/Vice Mayor MR
N New Business
December 20, 2022 Committee/Commission Assignments for CY2023 SL N New Business
Housing Element Update DP
N New Business

Future Work Items (Not Yet Agendized)
Work Items 2022
• Update MS Wireless Ordinance October 4, 2022
• Update Reach Codes November – December 2022
• Hire Building Inspector/Code Enforcement Officer September 20, 2022 • User/Regulatory Fees Updates/Study August – September 2022 • Housing Element Update December 2022