Monte Sereno City Council
October 4, 2022

AMENDED AGENDA
City of Monte Sereno
Tuesday October 4, 2022
City Council
7:00pm
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, Ca 95030

MEMBERS OF THE PUBLIC MAY ATTEND IN-PERSON

OR UTILIZE THE VIRTUAL OPTION
How to Participate
To maximize public safety while still maintaining transparency and public access, members of the public can access and participate in the meeting as follows: To listen (only) by telephone dial US: +1 669 444 9171 or +1 719 359 4580 or +1 720 707 2699 or +1 253 215 8782 or +1 346 248 7799 or +1 646 558 8656 or +1 646 931 3860 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 386 347 5053 or +1 564 217 2000. When prompted by the system enter participation Webinar ID: 823 6191 4742 and Password: 940802. To attend the meeting webinar with a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join
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Passcode: 940802.

You will be prompted to install the webinar client appropriate for your device. Attendees are encouraged to install the needed software in advance at the following locations depending on the device being used. If you are unable to participate in real-time, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Verbal Communications - Non Agenda Item." Comments received by email will be read into the record, with a maximum allowance of three (3) minutes per individual comment, subject to the Mayor's discretion.

All comments should be a maximum of 350 words, which corresponds to approximately three (3) minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.

Page

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

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

PRESENTATIONS

1. Santa Clara County Fire Department Annual Presentation SCCFD Monte Sereno Annual Report 2022
Public Safety Report
4 - 28

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 October 4, 2022 in the Amount 69,624.79 Staff recommends the City Council approve the Warrant List.

Staff Report - SR-22-225 - Pdf
29 - 31

2. Approve the Agreement Between the City of Monte Sereno and the AIMS Corporation
Staff recommends that the Council approve the agreement with the AIMS Corporation.

Staff Report - SR-22-226 - Pdf
32 - 44

3. Adopt a Resolution Approving the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510-31-077 Staff recommends that the City Council adopt a resolution (Attachment 1) approving the annexation of an uninhabited area of approximately 0.6 acres located along Lucky Drive, APN 510-31-077.

Staff Report - SR-22-224 - Pdf
45 - 58

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

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
Santa Clara Valley Water Commission - Lawler/Mekechuk

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]

10/4/2022
1 . Santa Clara
County Fire
Department
. Annual Report
to the City of
Monte Sereno
SCCFD Deputy Chief Mark Shumate
SCCFD Fire Chief Suwanna Kerdkaew

STRATEGIC PLAN
2020-2022 SANTA CLARA COUNTY FIRE DEPARTMENT | LOS GATOS, CA Santa Clara County Fire Overview
• Administrative Staffing Changes/Overview
• 75th Anniversary for the Department
• 12-Month Look Back With Response Data –
Public Safety Report (PSR)
• Status of Current Projects:
• Redwood Station Rebuild
• Station Upgrades
• Fleet Update
• Dell Headquarters

10/4/2022
2 Santa Clara County Fire Overview
• Current and 2023 Focus:
• Strategic Planning Process 2023-2027
• Staffing Support
• 40 New Firefighters/Captains/Battalion Chiefs
• Accredited Local Academy (ALA) Designation
• Wildfire Threat and Fuels Crew Mitigation Work
• Lowering Carbon Footprint
• IDEA Committee Outreach
• Projects in the Queue:
• Quito Station/Winchester Station
• Current Headquarters
SCCFD Administrative Staff

10/4/2022
3 75th Anniversary for
Santa Clara County Central Fire Protection District
AKA
Santa Clara County Fire Department

10/4/2022
4 SCCFD Overview Video
SCCFD’s History

10/4/2022
5

10/4/2022
6

10/4/2022
7

10/4/2022
8 SCCFD by the Numbers:
• 15 fire stations:
• Serving a population of
225,380
• Covering 132 square miles
(267 square kilometers)
• 334 budgeted positions,
including safety and civilian
personnel
• Daily fire operational
minimum staffing includes
66 safety qualified
personnel within three
battalions and 15 stations.

SCCFD Serves:
• City of Campbell
• City of Cupertino
• City of Los Altos
• Town of Los Altos Hills
• Los Altos Hills County Fire
District
• Town of Los Gatos
• City of Monte Sereno
• City of Saratoga
• Saratoga Fire Protection District
• Unincorporated county areas
inclusive of the Lexington Basin and
Summit communities
• Central Fire Protection District

10/4/2022
9 Governance
Governance
In addition, the Fire Chief reports to three elected bodies and one appointed commission through contracted services: The city of Campbell, the Saratoga Fire District, the city of Los Altos and the Los Altos Hills County Fire District.

10/4/2022
10 Page 13 of 58
10/4/2022
11 Page 14 of 58
10/4/2022
12 Page 15 of 58
10/4/2022
13 Current Project Status
• Status of Current Projects:
• Redwood Station Rebuild
• Station Upgrades
• Fleet Update
• Dell Headquarters
Current Project Status

10/4/2022
14 Current and 2023 Focus
• Strategic Planning Process 2023-2027
• Staffing Support
• Accredited Local Academy (ALA) Designation
• Increase Efforts Towards Sustainability
• 75th Anniversary for the Department
• Wildfire Threat and Fuels Crew mitigation Work
Strategic Planning Overview 2023-2027
Planning Agenda:

October 1st •
Internal and External Stakeholders • @ Los Gatos Lodge: 9am-1pm October 3rd
•
Internal Stakeholders • @ Quinlan Center: 9am-1pm
October 4th
•
Internal Stakeholders • @ Quinlan Center: 9am-1pm

STRATEGIC PLAN
2020-2022 SANTA CLARA COUNTY FIRE DEPARTMENT | LOS GATOS, CA

10/4/2022
15 Strategic Planning Overview 2020-2022
Three Themes

1. How do we continue to improve upon protecting
lives, property, and the environment during and
prior to emergency events?

2. How do we meet increasing service demands over
the coming years?

3. How do we better market our services and
demonstrate our value to our community?
• 12 Strategic Objectives
• 21 Outcome Measurements
• 56 Supporting Objectives STRATEGIC PLAN 2020-2022 SANTA CLARA COUNTY FIRE DEPARTMENT | LOS GATOS, CA Improve or Maintain Levels of Service

10/4/2022
16 Increase Efforts Toward Sustainability
Who is Santa Clara County Fire?
https://youtu.be/nVPsxrSRXH0

10/4/2022
17 Increase Equity in our Organization
West Valley Cities 7 Million Dollar Grant

10/4/2022
18 SCCFD’s Vasona Fuels Crew
Primary Objective: Reduce hazardous fuels and create
fuel breaks throughout SCCFD’s area of responsibility
Fuel Crew Member
Job Duties
• Cut fire line, mop-up
hotspots, and support
hose lays to assist with
wildland fire
suppression
• Making front-line
equipment available
sooner

10/4/2022
19 Page 22 of 58
10/4/2022
20 Continue to Work Collaboratively
With Our Communities
Local County Mutual Aid

10/4/2022
21 Statewide Mutual Aid
Mutual Aid Partnership
Continue to Work Collaboratively

10/4/2022
22 Questions?
www.sccfd.org

Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga.

September 26, 2022
Steve Leonardis, City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Subject: Fire Report for September 2021 through August 2022 Dear Mr. Leonardis:

The annual fire reports for the City of Monte Sereno are enclosed.

Significant Events: No significant events occurred and, consequently, there was no significant fire loss.

1. Incident Counts by Year (YTD): This bar graph represents the total incident count for YTD and for the past five years.

2. Incident Counts by Month: This bar graphs represents the incident count by month.

3. Incident and Response Counts by Hour of Day: This bar graph represents both unique incidents and unit responses by hour of day for the previous 12 months.

4. Average Response Times Analysis (by Unit ID): This table shows the average response times and count by urbanization code for units responding into the jurisdictional boundary.

5. Incident Counts by Type: This table provides the volume and percentage of code two and code three calls by incident category.

6. Incident Types: This pie chart provides a breakdown of the number of calls by incident category.

7. Dollar Loss by Month: This field shows the total dollar loss and incident count for the month.

8. Community Education and Risk Reduction Activities: This table shows the total number of attendees, programs, and staff hours at educational events for the month.

Please let me know if you have any questions about the data contained in this report.

Sincerely,
Jason Falarski
Deputy Chief
Enclosures
cc: Suwanna Kerdkaew, Fire Chief
JF:kp

August
August 2022 - Incident Snapshot
2016 2017 2018 2019 2020 2021 2022
147 147
100
143 142
155 164
Incident Counts by Year (YTD)
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 5
10 15
20 25
Value
Incident and Response Count by Hour of Day
Orange = Incidents | Blue = Responses
Urban Densities
Avg. Code 3 Resp. Time Responses
Rural Densities
Avg. Code 3 Resp. Time Responses
E73
E78
E83
R83
T85
Grand Total 144
46 7
38 52
1 00:04:59
00:04:42
00:04:59
00:05:12
00:05:01
00:07:08
26 3
7 15
1 00:05:24
00:05:30
00:05:07
00:05:10
00:10:34
Average Response Times Analysis (by Unit ID, Code 3)
Sep-2021 Oct-2021 Nov-2021 Dec-2021 Jan-2022 Feb-2022 Mar-2022 Apr-2022 May-2022 Jun-2022 Jul-2022 Aug-2022 14 26 26
19 20
23 11
22 25
23 20 20
Incident Counts by Month (Last 12 Months)
Incidents % of Total
EMS

SERVICE

FIRE ALARM
FIRE
HAZ. COND.

OTHER
RESCUE
Grand Total 100.00%

0.80%

1.20%

3.21%

6.43%

9.64%

26.51%

52.21%
249
2 3
8 16
24 66
130
Incident Counts by Type
27%
10%
51%
1%
3%
7%
EMS
FIRE

FIRE ALARM
HAZ. COND.

OTHER
RESCUE

SERVICE
Dollar Loss
$28,300.00
Incident Count
6 Attendees Programs Staff hours
10,008 61 204:57:00
Community Education and
Risk Reduction Activities
City of Monte Sereno

9 9
Bainter Ave
Pepper Ln
Fruitvale Ave
Saratoga Los Gatos Rd
Quito
Rd
Los Gatos
Creek
Vasona
Lake
17 Oka
Rd
Camellia Te
Andrews St
More
Ave
Vineland Ave
Farley Rd
Karl Ave
tura Vis
Olean
Bicknell Rd
Bruce Ave
Eaton Ln
Lark Ave
Shannon
Winchester Blvd
Los
Gatos
Blvd
Blossom Hill Rd
Norman Y Mineta Hwy
La Rinconada
Country Club
Vasona Lake
County Park
Monte Sereno
Los
Gatos
Creek
Tait Ave
Bachman Ave
University
Ave
Kenn
S
K ennedy R
Broadway
Los
Gatos
Blvd
Los Gatos High
School
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83 85
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Jurisdiction
Monte Sereno
Fire Stations
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0 0.3 0.6 I
Miles C:

STAFF REPORT
Meeting: City Council - Oct 04 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated October 4, 2022 in the Amount 69,624.79 Recommendation(s):

Staff recommends the City Council approve the Warrant List.

Fiscal Impact:

There are no unbudgeted fiscal impact 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:
2022 10 04 Warrants List

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

October 4, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19997 Alamo Landscaping &
Maintenance
Emergency tree removal with slight
street closure. 875.00 01-860
19998 Alana Consulting, LLC Plan checks (06/25/2022 to 09/21/2022) 38,903.59 01-765 19999 Anago Franchising, Inc October 2022 janitorial services plus supplies. 466.39 01-860
20000 Banner Pest Services Rodent control services for City Hall 925.00 01-860 20001 BMI Imaging Systems Web Hosting 225.00 01-715
20002 COMCAST Internet services for City Hall 106.67 01-720 20003 corodata Shredding,
Inc. 64 gallon bin for document shredding 80.87 01-720
20004 CSG Consultants, Inc
Building Inspector services ($6.8k) and
Code Enforcement services ($7.0k)
August 2022.
13,800.00 01-765
01-545
20005 Delta Dental of
California
Dental premiums for September and
October 2022 939.92 01-635
20006 Diana Perkins Reimbursement for CALBO Code update classes 260.00 01-770
20007 First Choice Coffee
Services
Coffee and drinking water services for
City Hall 164.08 01-710
20008 GKW Architects, Inc. Architectural services for Annex Building ADA project. 2,650.00 01-920
20009 Gloisy GonzalezLangarica
Reimbursement for Technical Track
training - Deputy City Clerk 1,606.44 01-770
20010 Javed Ellahie Reimbursement for attending 2022
League of Cities Conference 878.84 01-505

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

October 4, 2022
20011 MSI Litho "Sorry We Missed You" door hangers for
ADU project 345.40 01-710
20012 Office Solutions Pre-owned sit/stand office desk plus drawer. 1,136.20 01-715
20013 Pacific Gas & Electric Utilities-electricity for City Hall 2 months 850.84 01-705 20014 RICOH USA, INC. Office copier rental 480.23 01-715 20015 Ridley Master Legal services for Padgett case 412.21 01-427 20016 Rowena Turner Reimbursement for attending 2022
League of Cities Conference 645.29 01-505
20017 Javed Ellahie Refund Candidate Statement for City Council elections 2,770.00 01-520
20018 Javed Ellahie Reimbursement for attending 2021
League of Cities Conference 1,102.82 01-505
Total $69,624.79

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 - Oct 04 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Approve the Agreement Between the City of Monte Sereno and the AIMS Corporation
Recommendation(s):

Staff recommends that the Council approve the agreement with the AIMS Corporation.

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:

Certificate of Liability Insurance
Wimberly Resume
Information on Associated Infrastructure Management Services, Incorporated AIMS Corp Contract

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $

DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $

PRO- POLICY LOC JECT

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS

HIRED AUTOS
NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WC STATU- OTHTORY LIMITS ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
Wallis and Wallis Insurance Brokers
1249 Park Ave
San Jose, CA 95126
PO Box 800
Los Gatos, CA 95031
Associated Infrastructure Management Services, Inc.
408-293-3336 408-293-6054
[email protected]
Ozdalga, Ark
Hartford Ins. Co of Midwest
Sentinel Insurance Co. LTD
A X
X
X
X 57SBWKW5865 1,000,000
2,000,000
10,000
2,000,000
4,000,000
4,000,000
X
A
X
X
Owned Private Pa... Owned Autos O/T P...

X X 57SBWKW5865
2,000,000
X
A
X
57SBWKW5865 2,000,000
2,000,000
B
X 57WECGV1549
X
1,000,000
1,000,000
1,000,000
01/10/2022
12/30/2021
12/30/2021
12/30/2021
12/30/2021 12/30/2022
12/30/2022
12/30/2022
12/30/2022
For Evidence of Insurance

Donald C. Wimberly, P.E.

Professional Experience
As a consultant with AIMS Corporation:
 Project Manager & Land Development Engineer – Public Works Department, City of Sunnyvale (1999 to 2022):
o Performed design and construction phase project management services related to capital projects for utility facilities, roadways, and City buildings and structures including the Sunnyvale Caltrain Multimodal Transportation Station.
o Provided professional, technical, and administrative services in land development processing, record map, and review of engineering plans and reports. o Provided liaison with developers, civil engineers and land surveyors, other City departments.  Delegate Chief Building Official – California Energy Commission (2001 to 2007):
o Provided general direction to professional, technical, and administrative staff engaged in engineering plan review and construction inspection of power plant facilities to assure compliance with applicable codes and Energy Commission Conditions of Certification. o Oversee staff performing review of plans, calculations, and reports regarding grading, drainage, storm water pollution prevention, and civil improvements for power plant facilities.  Acting Assistant Director/Deputy Building Official – Planning and Building Inspection Department for Monterey County (1998 to 1999):
o Assisted the Department Director (Planning Director) with organization development projects for the County Planning and Building Inspection Department; o Provided program management for plan review, grading and building inspection. o Helped develop customer service improvement initiatives in collaboration with the department management team and staff.
o Intervened and worked with customers and staff to solve complex project and code problems. o Performed outreach to constituent organizations such as the Chamber of Commerce and local builder's exchanges, and provided information to constituents and elected officials.  Acting Building Official – Public Works Dept., City of Salinas (1996 to 1998):
o Provided interim management for the City of Salinas Public Works Department Building Inspection division for review of plans, field inspections and coordinating inter-departmental land development activities.
o Led a two-year re-engineering project to consolidate City building regulation services of five departments into one department functioning in a one-stop permit assistance center. Among his responsibilities.
o Managed construction of a new 10,000 SF permit assistance center. o Established a land development regulation customer advisory committee and facilitated a continuous improvement process by City staff. Operational goals included improved customer service, reduced processing times, service quality improvements, improved relations with customers and constituent groups including the local builders exchange, Chambers of Commerce, other business organizations.

Donald C. Wimberly, P.E.

Prior to co-founding AIMS Corporation, Mr. Wimberly held the following positions that included responsibilities in land development planning, regulatory review, and implementation oversight.  Public Works Director – City of Campbell (1987 to 1993):
o Supported the City Manager, City Boards and Commissions, and the City Council regarding Public Works Department activities and responsibilities. o Managed the Public Works Department including Public Works operation and maintenance of City facilities, vehicles, and equipment fleet, and the City’s capital improvement program. o Provided oversight of the Engineering Division of the Public Works Department, led by the City Engineer, to provide land development oversight and environmental services, and traffic engineering related to development planning and review. o Managed the Building Division of the Public Works Department, led by the Building Official, to provide construction codes enforcement for private construction.  City Administrator/Engineer – City of Monte Sereno (1980 to 1986):
o Supported and staffed the City Council and Planning Commission. o Served as the City’s planning official, zoning administrator. Oversaw the preparation of the City’s 1982 comprehensive general plan update.
o Served as the City Engineer, reviewing all land development applications. o Organized and implemented processes for review land use applications, variances, use permits, and subdivision applications.
o Conducted code enforcement and grading inspection, performed duties of the Chief Building Official, supervising contract building inspectors.
o Performed responsibilities of Public Works Director, including liaison with public utility service providers, and other public agencies involved in land development regulation. o Performed and directed traffic engineering activities as related to development. o Planned and coordinated delivery of public safety and emergency services by other agencies.  Director of Inspection Services – City of Saratoga (1978 to 1980) o Staffed the City Council and Planning Commission regarding land development planning, regulation, and implementation oversight.
o As Building Official, managed the enforcement of uniform construction codes and grading, drainage and erosion control regulations.
 Assistant Civil Engineer – City of Saratoga (1973 to 1978) o Performed review of engineering improvement plans for land development applications filed with the City.
o Reviewed record maps (parcel and final maps) for compliance with City regulations and the Subdivision Map Act.
o Managed capital improvement projects as assigned
o Provided information and service to citizens and other organizations.  Commissioned Officer – U. S. Army Corps of Engineers (1968 to 1972)

Donald C. Wimberly, P.E.

 Education
Real Estate Courses, DeAnza College, Cupertino, California, and Chamberlain Real Estate School, Campbell, California:

Courses: Real Estate Principles; Appraisal; Practices; Economics; Property Management; Investments; Office Administration; Legal Aspects of Real Estate Dates of Attendance: January, 2004 to 2006
Master of Science, University of California, Berkeley, California Major: Construction Management
Dates of Attendance: September, 1972 to June, 1973
Bachelor of Science, University of California, Berkeley, California Major: Civil Engineering
Dates of Attendance: January, 1967 to June, 1968
Undergraduate Studies, Oregon State University, Corvallis, Oregon Major: Civil Engineering
Dates of Attendance: September, 1963 to December, 1966
 Professional Accreditation
California Registered Civil Engineer # C-25770
California Real Estate Broker #01448416

9/30/22
Associated Infrastructure Management Services, Incorporated

1. Dba’s:
a. AIMS Corporation & AIMS
b. AIMS Properties (Filed 10/13/17; Published 12/8/17)

2. Corporate mailing address:

P.O. Box 800
Los Gatos, CA 95031-0800

3. Physical address:
15971 Quail Hill Road
Los Gatos, CA 95032-4819

4. Date incorporated: Filed 8/15/1994 (Sec. of State certified 8/29/1994) Corp name change filed 10/2/01; (Sec. of State Certified 10/30/2001)

5. FEIN: 77 0383765

6. California Corporation # C1911382. 2001 Corporate Name amendment # A057112

7. DUNS # 147350834

8. California Department of Real Estate Corporate license #: 02056374 a. Expiration date: 2/27/2026
b. Department of Real Estate Designated Officer: Donald Carl Wimberly; DRE # 01448416; Exp 5/21/25

9. State of California Department of General Services – Disabled Veteran Business Enterprise and Small Business Enterprise (Micro) –
a. # 28416
b. Expiration Date: 6/9/2023

OAK #4842-8862-3797 v1
1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (“Agreement”) is made and entered into as of January 4, 2021, by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as “City”, and AIMS Corporation hereinafter referred to as “Consultant”.

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

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

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

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

AGREEMENT

1. Scope. City agrees to, and hereby does, retain Consultant to perform the professional services as City Engineer of the City of Monte Sereno. Consultant’s work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance.

2. Responsible Personnel: City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Primary personnel responsible for Consultant’s completion of the work described in this Agreement shall be Donald Wimberly.

3. Scope of Work: Consultant shall perform the services as City Engineer in a professional manner and in accordance with City’s job description for the City Engineer position as attached in Exhibit A. Consultant will not undertake any work that will incur costs in excess of the amount set forth in this paragraph without prior written amendment to this Agreement.

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

The term of this Agreement shall be until October 1, 2025. Time is of the essence in the performance of this Agreement. No waiver by either party hereto of the nonperformance or any

OAK #4842-8862-3797 v1
2 breach of any term, provision, or condition of this Agreement, or any default hereunder shall be considered to be or operate as a waiver of any subsequent nonperformance, breach or default.

5. Compensation: Compensation for services performed as set forth in Section 3 shall be at hourly rate of $100 per hour. Monthly payments to Consultant shall be made upon submittal of invoices by Consultant to City for review and approval by the City Manager. Invoices will be paid by City within a reasonable time after the invoices are received and approved. For purposes of this Agreement, a 30-day period shall be deemed a reasonable period.

6. Insurance: Consultant agrees to have and maintain, for the duration of the Agreement, the following minimum insurance requirements. Prior to the execution of the Agreement, Consultant shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’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.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation: as required by the State of California, with Statutory Limits.

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

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

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

For any claims related to this Agreement, Consultant’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 City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

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

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

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.

Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this section shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. The Consultant’s responsibility to indemnify, defend, and

OAK #4842-8862-3797 v1
4 hold harmless the Indemnified Parties under this section shall not extend to the active negligence or willful misconduct of the Indemnified Parties. This section shall survive the termination of this Agreement.

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

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

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

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

10. Independent Contractor: Consultant is an independent contractor retained by City to perform the work described herein. All personnel employed by Consultant are not and shall not be deemed to be employees of City. Consultant shall obtain no rights to retirement benefits or

OAK #4842-8862-3797 v1
5 other benefits that accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to such rights. Consultant shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of Workers’ Compensation.

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

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

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

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

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

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

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

OAK #4842-8862-3797 v1
6 17. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.

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

19. Equal Employment Opportunity. Consultant is, and warrants to the City that they shall be during the term of the Agreement, an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

A. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement.

B. Prevailing Wage. Consultant and Consultant’s subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination shall be available on file at the City’s office of the City Clerk.

C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program.

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

The City is not responsible or liable for Consultant’s failure to comply with any and all of its requirements under this section and Agreement.

21. Political Reform Act Economic Interests. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person’s financial interests.

WITNESS WHEREOF this Agreement is executed by City and by Consultant on this ____ day of _______________, 2021, at Monte Sereno, California.

CONSULTANT: CITY OF MONTE SERENO:
______________________________ ____________________________________ By: AIMS Corporation Steve Leonardis, City Manager
APPROVED AS TO FORM: ATTEST:
______________________________ ____________________________________ Sergio Rudin, City Attorney Michelle Radcliffe, City Clerk

STAFF REPORT
Meeting: City Council - Oct 04 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Adopt a Resolution Approving the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510-31-077 Recommendation(s):

Staff recommends that the City Council adopt a resolution (Attachment 1) approving the annexation of an uninhabited area of approximately 0.6 acres located along Lucky Drive, APN 510-31-077.

Background Information:

The City received an application from the property owner of a parcel along Lucky Road, APN:
510-31-077, requesting the parcel be annexed to the City of Monte Sereno.

Government Code section 56757 authorizes annexation of territory to the City of Monte Sereno urban service area without the Local Agency Formation Commission’s (LAFCO) review if the proposal meets certain conditions. Under this provision, the City Council serves as the authority for conducting annexation proceedings. As required, the City Council adopted a resolution initiating annexation proceedings on September 20, 2022. To complete the annexation approval, the Council must make the following findings:
(1) That the unincorporated territory is within the urban service area of the city as adopted by LAFCO.
(2) That the county surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies of LAFCO. (3) That the proposal does not split lines of assessment or ownership. (4) That the proposal does not create islands or areas in which it would be difficult to provide municipal services.
(5) That the proposal is consistent with the adopted general plan of the city. (6) That the territory is contiguous to existing city limits. (7) That the city has complied with all conditions imposed by LAFCO for inclusion of the territory in the urban service area of the city.

On May 5, 2022 the Santa Clara County Surveyor’s Office determined that the boundaries of the subject parcel are definite and certain and that the annexation would be in compliance with

the LAFCO’s road annexation policies. Under state law, the City is required to reimburse the county for the actual costs incurred by the county surveyor in making this determination. Such costs were paid by the applicant for this annexation application.

Analysis:

The subject property is currently in the jurisdiction of Santa Clara County but is in the City of Monte Sereno’s Sphere of Influence and Urban Service Area (Resolution 3665 approved on November 7, 2017). The site currently has a land use designation of Single-Family Residential (1 du/ac) and is pre-zoned R-1-44 (Ordinance NS-190 adopted on October 1, 2013).

If the site is annexed into the City, police service would transfer from the Santa Clara County Sheriff to the Los Gatos-Monte Sereno Police Department.

The following table describes each finding required to be made by the City Council, which are included in the draft resolution, pursuant to Government Code section 56757 to approve the annexation:

Requirement Finding
That the unincorporated territory is within the
urban service area of the city as adopted by
LAFCO.

This parcel was incorporated into the Monte
Sereno Urban Service Area on November 7,
2017 with Resolution 3665.

That the county surveyor has determined the
boundaries of the proposal to be definite and
certain, and in compliance with the road
annexation policies of LAFCO.

The County Surveyor has made such finding
and it is included in the attached draft
resolution in Exhibit A.

That the proposal does not split lines of
assessment or ownership.

The proposal is to annex one existing parcel;
therefore, assessment or ownership lines are
not split.

That the proposal does not create islands or
areas in which it would be difficult to provide
municipal services.

The subject parcel is adjacent to Monte
Sereno and parcels where municipal
services are currently provided. Therefore,
the annexation will not create an area in
which it is difficult to provide municipal
services.

That the proposal is consistent with the
adopted general plan of the city.

The proposed annexation is consistent with
the following General Plan Goal and Policy:

Goal LU-4 Provide for orderly growth
consistent with the City’s existing character.

Requirement Finding
Policy LU-4.5 Continue annexation of areas
within the City’s Sphere of Influence only
when:

1. The area is contiguous with the city’s
boundaries;

2. Necessary infrastructure and services can
be provided in an efficient manner;

3. The fiscal well-being of the city will not be
adversely impacted

4. The annexation is consistent with State
law and Santa Clara County Local Agency
Formation Commission (LAFCo) standards
and criteria;

5. The annexation is supported by a majority
of affected landowners;

6. The annexation will not adversely impact
the quality of life of city residents or the
character of the community; and

7. The annexation is consistent with the
General Plan.

That the territory is contiguous to existing city
limits.

The territory is contiguous to existing city
limits as the north portion of the property is
adjacent to the city limits.

That the city has complied with all conditions
imposed by LAFCO for inclusion of the
territory in the urban service area of the city.

The proposed annexation has complied with
all conditions imposed by LAFCO for an
uninhabited, 100% consent annexation.

California Environmental Quality Act:

The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that the annexation will not have a significant effect on the environment Fiscal Impact:

Once the annexation is certified by the State Board of Equalization, the city can expect to receive less than $200 in property tax revenue annually based on the current assessed value of the property. Any sale of the property or improvements would likely result in a reassessment and additional property tax revenue received.

Public Noticing:

Letters were mailed on August 16, 2022 to the special districts that this property is located within (school districts, fire protection, open space, water service, etc.) to inform those agencies of the annexation consideration. No additional public noticing is required under Government Code section 56662 because the affected property owner has requested the annexation, the parcel is uninhabited (fewer than 10 registered voters), and none of the affected special districts have requested further notice or hearings.

The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org.

Attachments:

1. Draft Resolution

2. Assessor’s Parcel Map of Subject Site

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO TO APPROVE ANNEXATION OF AN UNINHABITED APPROXIMATELY 0.6 ACRE PARCEL ALONG LUCKY ROAD, APN: 510-31-077
WHEREAS, the City of Monte Sereno has received a request for annexation of parcel designated as APN 510-31-077 from Alex Rubashevsky; and WHEREAS, the property located along Lucky Drive is approximately 0.6 acres and is contiguous to a City boundary and within the City’s Urban Service Area, and WHEREAS, such territory is known by the short form designation of “Lucky Road #1,” and a description of the boundaries of this territory is set forth in Exhibit “A,” entitled “Geographic Description,” attached hereto and incorporated herein by this reference, which description is subject to correction or revision as required; and WHEREAS, a map showing the location of such territory is attached hereto as Exhibit “B” entitled “Proposed Annexation to City of Monte Sereno of Lucky Road #1,” and incorporated herein by this reference;
WHEREAS, the City enacted ordinance NS-190 October 1, 2013 to pre-zone this parcel with R-1-44 zoning district designation; and
WHEREAS the City of Monte Sereno, as Lead Agency for environmental review for the annexation, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuance to Section 15061(b)(3); and
WHEREAS, such territory the County Surveyor of Santa Clara County has found the description and map to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Monte Sereno shall be the conducting authority for a reorganization including an annexation to the City; and
WHEREAS, the proposal does not split lines of assessment or ownership; and WHEREAS, the proposal does not create islands or areas in which it would be difficult to provide municipal services; and
WHEREAS, the proposal is consistent with the adopted general plan of the City of Monte Sereno; and
WHEREAS, the City Council finds that it has complied with all conditions imposed by LAFCO for inclusion of the territory in the urban service area of the City; and

WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, Government Code Section 56662(a) provides that if a petition for annexation is signed by all owners of land within the affected territory the Town Council may approve or disapprove the annexation without a public hearing.

WHEREAS, all owners of land included in this proposal have consented to this annexation;
WHEREAS, the City approved Resolution 22-3864 on September 20, 2022 to set a date for consideration of an annexation of this parcel.

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

Section 1. Each recital set forth above is hereby adopted as a specific finding of this City Council.

Section 2. The City Council of the City of Monte Sereno hereby approves annexation of the parcel designated as “Lucky Road #1,” commonly known as APN 510-31-077.

REGULARLY APPROVED this 4th day of October 2022 by the following roll call vote:

Ayes:

Noes:

Abstain:

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