AGENDA
City of Monte Sereno
Tuesday, March 28, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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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. Monte Sereno Police Services Presentation Report July-December 2022 Presentation
5 - 10
2. City of San Jose – Intergovernmental Affairs Presentation by Ryan Coonerty
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 the Minutes of the March 7, 2023 Regular City Council Meeting Staff recommends approval of the minutes of the March 7, 2023 Regular City Council Meeting.
Staff Report - SR-23-071 - Pdf
11 - 16
2. Approve Warrant List Dated March 21, 2023 in the amount $72,945.95 Staff recommends the City Council approve the Warrant List.
Staff Report - SR-23-072 - Pdf
17 - 19
PUBLIC HEARINGS
UNFINISHED BUSINESS
1. Introduction and waiver of first reading of Ordinance No. NS-234, and ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
Staff recommends that the City Council introduce and waive the first reading of Ordinance No. NS-234.
Staff Report - SR-23-070 - Pdf
Public Comment Received
20 - 26
NEW BUSINESS
1. Discuss Installation of a Neighborhood Incident Command Post (NICP) for the Community Emergency Response Team (CERT)
Staff recommends the Monte Sereno City Council discuss installation of a NICP for CERT.
Staff Report - SR-23-073 - Pdf
27 - 28
2. Consideration of Two (2) Applications to Fill One (1) Vacancy on the Monte Sereno Better Streets Commission for an Unexpired Term Ending December 31, 2023
Staff recommends the City Council consider and appoint one (1) applicant for the Better Streets Commission to fill one (1) vacancy on the Monte Sereno Better Streets Commission for an unexpired term ending December 31, 2023.
Staff Report - SR-23-069 - Pdf
Public Comments Received
29 - 36
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.
Last Meeting Next Meeting
Councilmember Burton Craig
Monte Sereno Youth Commission 02/14/23 03/14/23
Santa Clara County Library JPA 01/26/23 04/27/23
Councilmember Javed Ellahie
Cities Association – Board of Directors 01/26/23 03/09/23 Cities Association – Legislative Action Committee 02/09/23 03/09/23 Joint Venture Silicon Valley Network
Councilmember Rowena Turner
West Valley Sanitation District 02/08/23 03/08/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study
Vice Mayor Evert Wolsheimer
Silicon Valley Animal Control Authority 01/25/23 03/22/23 Santa Clara Valley Water District Commission 01/25/23 04/12/23 Mayor Bryan Mekechuk
Cities Association – City Selection Committee 02/09/23 04/13/23 Valley Transportation Authority Policy Advisory Committee 02/09/23 03/09/23 West Valley Clean Water Board 02/02/23 05/04/23
West Valley Solid Waste/Recycling JPA 02/02/23 05/04/23 Silicon Valley Clean Energy Authority 02/08/23 03/08/23 Association of Bay Area Governments 02/16/23 03/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 02/22/23 03/22/23
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]
MONTE SERENO
POLICE SERVICES
REPORT
JULY- DEC 2022
THE DEPARTMENT Staff Update
Support
Services
Bureau
port
ces
eau
Police
Records
Specialist
Dispatcher
Community
Service
Officer
Operations
Bureau
Police Officer
(Laterals)
Parking
Control
Officer
The Department Context
Legislative Mandates Policy Updates Equipment & Technology Ordinances • AB 481 - Military equipment
transparency
• SB 2 - Police Decertification
• SB16 – Increases transparency
regarding Peace Officer
misconduct records; implements
additional background check
and record retention
requirements
• Concealed Weapons Permit
update due to Supreme
Court ruling on NYSRPA v.
Bruen
• Drone Team
• Axon Camera update to
fleet and body worn
• Electric Bikes update in
process with Youth
Commission
MentalHealth Response
30 20
10 0
50 40
70 60
9-8-8
• National initiative that shifts mental health crisis calls away from law enforcement and instead to the caller’s needs being evaluated by the Suicide Prevention hotline to evaluate and determine the resource needs of the caller 40 6
70 50
60 M.C.R.T.
• Mobile Crisis Response Team is focused on connecting family/caregivers to community support, stives to provide clinicians that can respond to an active mental health crisis and assist law enforcement, services ages 18 and over
10 3
40 2
30 20M.R.S.S.
• Mobile Response and Stabilization Services provides similar services to that of M.C.R.T but for ages 4-20 years of age.
10 0
10 T.R.U.S.T.
• Trusted Response Urgent Support Team is an onsite field team is a non-law enforcement mobile crisis response resource that works closely with crisis hotlines, the community and family member to provide intervention and follow
up.
84 78
84 86
73 78
45 42
28 18
31 13
0 20 40 60 80 100 120 140
December
November
October
September
August
July
MONTE SERENO PATROL ACTIVITY – INCIDENTS
Calls For Service Proactive Incidents
Priority 1 Calls Priority 2 Calls Priority 3 Calls
4:40
6:51 7:14
AVERAGE RESPONSE TIMES BY
PRIORITY CALLS
RESPONSE TIME
Reported Vehicle Collisions –Monte Sereno
Date Time Location Primary Collision Factor________
09/01/2022 1100 18800 Blk Montalvo Oaks Ave. 22350 CVC – Unsafe Speed 09/07/2022 2149 Saratoga-Los Gatos Rd./Quito Rd. 21453 CVC – Red Light Fail to Stop 09/09/2022 2235 18400 Blk. Withey Rd. 20002 CVC – Hit & Run 11/15/2022 1430 Saratoga-Los Gatos Rd./Rose Ave. 22350 CVC – Unsafe Speed 11/17/2022 2153 Saratoga-Los Gatos Rd./Viewfield Rd. 22107 CVC – Unsafe Turn 33%
37%
22%
8%
Top Primary Collision Factors
Los Gatos & Monte Sereno
July 2022- December 2022
Unsafe Speed Unsafe Turn Right of Way DUI
.
Flock Safety ALPR System
A two-year pilot program for the allocation and implementation of stationary automated license plate readers (ALPR) throughout Town, as a crime suppression and investigative tool. ALPR cameras were strategically placed at fifteen locations alerting officers in the field to stolen vehicles and vehicles wanted in connection with a crime. 30-Day Retention
Flock is audited
monthly to ensure
policy is being
followed
Flock transparency
page is located on
the Police website
NOTABLE CASES
Flock Case
Property Crime
Person Crime
July – Flock alerted officers to a stolen vehicle and a vehicle stop was conducted as the vehicle was heading into Monte Sereno. Burglary tools were located within the vehicle and the suspects were arrested, which likely averted further property crimes.
December - Officers responded to Daves Avenue on a report of a residential burglary in-progress with three suspects. Several officers responded in less than three minutes.
Multiple disturbances involving domestic violence, assault, and other occurrences require swift, professional, and a well trained law enforcement response.
COMMUNITY
POLICING
Neighborhood
Watch (6)
Vacation
Checks
(209)/Visits
(663)
Methodists &
St. Luke
Churchvulnerable
comm.
support
SRO
Agreement
w/school
districts 2022-
2024
Community
Police
Academy
Bike Rodeos
Coffee w/a
COP (2)
Monte Sereno
Picnic
Collaborative
Partnerships
C.E.R.T D.A.R.T
LGMS
Police
Foundation
LGSUHS
&LGUSD
QUESTIONS
STAFF REPORT
Meeting: City Council - Mar 28 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Approve the Minutes of the March 7, 2023 Regular City Council Meeting Recommendation(s):
Staff recommends approval of the minutes of the March 7, 2023 Regular City Council Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
03-07-23 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
March 7, 2023
MEETING CALLED TO ORDER
At approximately 7:05 p.m., Mayor Mekechuk called the meeting to order.
City Attorney Rudin explained the new rules for remote participation under the Brown Act.
PLEDGE OF ALLEGIANCE
Deputy Chief Jason Falarski conducted the Pledge of the Allegiance.
Vice Mayor Wolsheimer stated participating at tonight's meeting remotely under Just Cause.
Councilmember Turner stated participating at tonight's meeting remotely under Emergency Circumstance.
By unanimous vote Council approved Councilmember Turner to participate at the meeting remotely under Emergency Circumstance.
ROLL CALL
Present: Councilmember Craig, Councilmember Ellahie, Councilmember Turner, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: None
Staff: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins and City Clerk Gonzalez-Langarica
ORDERS OF THE DAY
No changes.
PRESENTATIONS
1. Proclamation for American Red Cross Month Proclamation.
Mayor Mekechuk presented the proclamation. Ken Toren, Chief Executive Officer of the Silicon Valley Chapter of the American Red Cross, provided comments.
2. Santa Clara County Fire Department Biannual Presentation by SCCFD Deputy Chief Mark Shumate, SCCFD Deputy Chief Jason Falarski and SCCFD Fire Chief Suwanna Kerdkaew.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting
2. Accept the Treasurer's Report for the Period Ending December 31, 2022
3. Approve Warrant List Dated March 7, 2023 in the amount $137,994.82
4. 2022 Housing Element Annual Progress Report
5. Execute a Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the City
6. Acceptance of the California Automated Permit Processing (CalAPP) Program Grant
7. Acceptance of the Decarbonization Grant Program Agreement with Silicon Valley Clean Energy Authority
Councilmember Turner requested to pull Item #1 and #7 from the Consent Calendar.
MOTION: Motion by Councilmember Craig to approve the Consent Calendar Items #2 through #6. Seconded by Councilmember Ellahie.
VOTE: Motion passed unanimously. (5-0-0)
1. Approve the Minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting
Councilmember Turner expressed wishing to abstain on her vote for the February 21, 2023 Regular City Council Meeting, as she was absent for that meeting.
Councilmember Ellahie expressed wishing to abstain on his vote for the Minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting, as he was absent for those meetings.
MOTION: Motion by Councilmember Craig to approve the Minutes of the February 21, 2023 Regular City Council Meeting. Seconded by Mayor Mekechuk.
VOTE: Motion passed. (4-0-1 Abstain: Ellahie)
MOTION: Motion by Councilmember Craig to approve the Minutes of the February 23, 2023 Special City Council Meeting. Seconded by Mayor Mekechuk.
VOTE: Motion passed. (3-0-2 Abstain: Turner, Ellahie)
7. Acceptance of the Decarbonization Grant Program Agreement with Silicon Valley Clean
Energy Authority
City Manager Leonardis provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Ellahie to accept the Decarbonization Grant Program Agreement with Silicon Valley Clean Energy Authority. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (5-0-0)
PUBLIC HEARINGS
None.
UNFINISHED BUSINESS
1. Waiver of Second Reading and Adoption of Ordinance No. NS-233 an ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms) City Planner Perkins provided a staff report and answered questions from the Council.
Mayor Mekechuk opened the item for Public Comment.
Public Comment
▪ Stanley Watt
With no one else wishing to speak, Public Comment was closed.
MOTION: Motion by Vice Mayor Wolsheimer to Waive Second Reading and Adopt Ordinance No. NS-233, an Ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms).
Seconded by Mayor Mekechuk.
VOTE: Motion failed. (2-3-0 Noes: Craig, Ellahie, Turner) MOTION: Motion by Councilmember Ellahie to direct staff to return with an ordinance that specifically provides that pools, spas and similar items are not part of structural coverage. Seconded by Councilmember Turner.
VOTE: Motion passed. (4-1-0 Noes: Wolsheimer)
MOTION: Motion by Mayor Mekechuk to direct staff to analyze structural coverage and recommend changes to the structural coverages that would compensate for the removal of swimming pools from structural coverage by appropriate reduction in the impervious coverage to allow the absorption of water into the underground aquifers to maintain sufficient water in the City. Seconded by Councilmember Craig.
VOTE: Motion passed unanimously. (5-0-0)
NEW BUSINESS
1. Discuss and Provide Direction to Staff Regarding Possible Bingo Ordinance
City Planner Perkins provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
Staff was thanked for the report, and it was determined that at this time no action will be taken but instead, this item will be addressed if an opportunity arises in the future.
2. Discuss and Provide Direction to Staff Regarding Switch from Gas-Powered Leaf Blowers to Electric or Battery-Powered Leaf Blowers
City Planner Perkins provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment.
Public Comment
▪ Omar Billawala
With no one else wishing to speak, Public Comment was closed.
Council is interested in seeing an ordinance, but they’d like to have feedback through a poll where the residents could say they would support something like this or not. Staff can then return with the results at a future meeting. Staff was also directed to send out information on the rebate opportunity for those who would like to upgrade their traditional gas-powered yard care equipment to electric. Lastly, if an ordinance was recommended, Council would have an implementation date in 2024 that coincides with the state law prohibiting the sale of gaspowered devices.
3. Discuss and Consider Assigning a Councilmember to Serve as an Alternate Council Liaison to the Better Streets Commission
City Clerk Gonzalez-Langarica provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment.
Public Comment
▪ Liz Lawler
With no one else wishing to speak, Public Comment was closed.
Nomination: Councilmember Craig to nominate Vice Mayor Wolsheimer to serve as the alternate Council Liaison to the Better Streets Commission. Seconded by Councilmember Ellahie.
VOTE: Motion passed. (4-0-1 Abstain: Wolsheimer)
COMMITTEE/COMMISSION REPORTS
Councilmember Craig had nothing to report.
Councilmember Ellahie attended the February 9 meeting of the Cities Association, where they
discussed prioritizing issues the Cities Association has considered. The Association has nominated a staff attorney, because the present one is leaving, but this has not been finalized. The Association does not have an indemnity clause and should be able to indemnify the Association in case of malpractice. Councilmember Ellahie is pushing for a committee for different cities to coordinate with each other to look at the Housing Element on a county-wide basis instead of city limited.
Councilmember Turner reported out on the West Valley Sanitation District and shared they are going into a litigation with the City of San Jose and the City of Santa Clara.
Vice Mayor Wolsheimer had nothing to report. He shared the next meeting for the Silicon Valley Animal Control is 03/22/2023 and the next meeting for the Santa Clara Water District Commission is 04/12/2023.
Mayor Mekechuk had nothing to report on the City Selection Committee. He shared a meeting is scheduled for this Thursday with the VTA but he will not be able to attend; instead, Councilmember Craig will be attending on his behalf. Nothing to report on West Valley Clean Water Board and West Valley Solid Waste/ Recycling JPA. Next meetings are scheduled in May. Silicon Valley Clean Energy Authority has a meeting tomorrow. The Mayors Round Table is new in Santa Clara County. Mayor Matt Mahan of San Jose invited the other 14 Mayors to his office last Friday. A subject they all related to having issues with was the Housing Element. This group will be meeting quarterly. The value proposition was that the City of San Jose has someone that represents them in Sacramento and Washington, DC and Mayor Mahan would like the support of Santa Clara County Cities to work together as 15 signatures are more compelling than just 1.
COUNCILMEMBER COMMENTS
None.
CITY MANAGER’S REPORT
City Manager Leonardis shared the Annual Picnic is scheduled for Sunday, August 27, 2023, 11:30 a.m. to 2 p.m. Postcard will be mailed out to residents. He also announced this Saturday is Little League opening day and invited Council to attend.
FUTURE AGENDA ITEMS
City Manager Leonardis shared the annual Strategic Goal Setting Session is being looked at to be scheduled for Saturday, April 1, 2023. Mayor Mekechuk requested that at the next meeting an outline of this session be provided.
Councilmember Turner would like the NICP be agendized.
ADJOURN
The meeting adjourned at approximately 10:17 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Mar 28 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated March 21, 2023 in the amount $72,945.95 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:
2023 03 14 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
March 21, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20215 Association of Bay Area
Governments
Utilities - Natural gas services for City
Hall 236.12 01-705
20216 Alana Consulting, LLC
Plan Check Consultant Hourly Services
($6440) for period 01/30/2023 to
02/26/2023 and ePermit Development
($6498)
12,937.50 01-765
20217 Bay Area News Group Legal classified for Feb 21 2023 hearing and Ord NS-233 on Feb 21, 2023 593.40 01-565
20218 Bay Cities Joint Power
Insurance General Liability Insurance 1,775.00 01-540
20219 Burke,Williams &
Sorensen, LLP
City Attorney Services ($7145) and
General litigation matters ($36) 7,180.68 01-425 01-427 20220 Burton Craig
Reimbursement for lodging and travel to
attend CalCities new Council Member
training in Sacramento.
1,243.83 01-740
20221 California Building
Standards
Building standards administration special
revolving fund disbursements for 8
quarters Jan 2021 through Dec 2022.
2,080.00 01-532
20222 COMCAST Internet services for City Hall 106.67 01-720 20223 corodata Shredding,
Inc. Container rental fee 10.00 01-522
20224 Corodata Records
Management, Inc.
Standard record storage carton, 3"
Blueprint tube carton and plan carton 58.19 01-710
20225 Crystal Springs Water
Company Drinking water services for City Hall 69.50 01-710 20226 CSG Consultants, Inc
Project Management and Staff
Augmentation Support ($6845) and
Code Enforcement Consultant working
on Planning archival project ($690).
7,535.00 01-545
12-915
20227 D&M Traffic Services Street signs for Palos Verdes Drive, Serena Vista Ct, and Via Bonita 232.83 05-870
20228 Department of
Conservation
Disbursement payment Strong Motion
Instrumentation and Seismic Hazard
Mapping fee for 8 quarters Jan 2021
through Dec 2022.
7,104.00 01-531
20229 Dicar Networks, Inc.
Monthly Managed Service Total Care
($1325), Software renewal ($1084), 4
new 27" monitors and cables ($1043)
3,452.05 01-811
01-535
20230 EMC Planning Group,
Inc. Housing Element Update (Gen-2022-B) 2,572.53 01-535 1 of 2 Page 18 of 36
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
March 21, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20231 First Choice Coffee
Services Coffee machine rental 34.00 01-710
20232 Frontier
Communications Landline for City Hall 77.95 01-720
20233 Heidi's Commercial
Cleaning
Cleaning services ($600) and cleaning
supplies ($150) 750.00 01-860
20234 Hillview Design Print
Media
Business cards for Building Official, City
Planner and City Manager 257.22 01-725
20235 International Institute of
Municipal Clerks Membership dues for City Clerk 185.00 01-745 20236 Liebert Cassidy
Whitmore Legal services - negotiations 212.50 01-427
20237 Mello Pipelines, Inc. Withey Road Storm Clean up 11,160.00 05-850 20238 RICOH USA, INC. Quarterly cost to print color and B/W copies 12/01/2022 to 02/28/2023 417.95 01-725
20239 Silicon Valley Animal
Control
4th Quarter FY 2023 payment for animal
control services 7,975.75 01-585
20240 State Compensation Ins
Fund Workers' Comp insurance premium 1,399.59 01-642
20241 Vision Service Plan
(CA)
Vision care insurance premiums for 2
months 447.16 01-636
20242 Wells Fargo Bank
Deposit for 2023 Picnic ($303), Office
supplies ($900), Office phone lines
($316), CalCities Registration ($625),
Software license renewal ($458) and
building repair supplies ($19).
2,841.53
01-507
01-710
01-720
01-745
01-775
01-811
TOTAL WARRANT LIST $72,945.95
I, REYNOLD SAMORANOS, FINANCE OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
2 of 2 Page 19 of 36
STAFF REPORT
Meeting: City Council - Mar 28 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and waiver of first reading of Ordinance No. NS-234, and ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
Recommendation(s):
Staff recommends that the City Council introduce and waive the first reading of Ordinance No.
NS-234.
Background Information:
At the August 2, 2022 City Council meeting, the City Council directed staff to schedule a future agenda an item for the City Council to discuss the Municipal Code definition of ‘structure’ to consider if swimming pools and spas should be removed from the definition. This was in response to comments raised at the Code Enforcement Appeal Hearing which was also held on August 2, 2022.
The City Council discussed this issue at their September 6, 2022 and the November 15, 2022 meetings. At the November 15, 2022 meeting, the City Council directed staff to draft an ordinance to update the definition of a ‘structure’ for clarification purposes, but to keep swimming pools and spas in the definition.
The Site and Architectural Commission reviewed the ordinance at their January 4, 2023 meeting and recommended that the City Council introduce the ordinance by a 5-0 vote.
At the March 7, 2023 City Council meeting where the draft ordinance was considered for adoption, the City Council voted to not adopt the ordinance and directed staff to return with a revised ordinance that removes pool and spas from the structural coverage definition.
Analysis:
Removing Pools and Spas from Structural Coverage
The Monte Sereno zoning code has several requirements that effectively limit the size of individual buildings and overall square footage on a lot including the maximum size of the main building, maximum size of each accessory structure, and the overall structural coverage
allowed. The structural coverage is the sum of the square footage of all structures on a lot. The current definition of a structure is as follows:
“"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. For purposes of this Chapter, swimming pools, spas and Jacuzzis whether constructed above or below grade, which are capable of holding water to a depth of two (2) feet or more, shall be considered structures subject to the City's building regulations. Equipment appurtenant to operation of swimming pools, spas and Jacuzzis shall be treated as accessory uses.”
The structural coverage limit typically results in limiting the area of covered porches, arbors, sheds, and swimming pools that are placed on a property.
Following is the current definition of structural coverage in the Municipal Code section
10.01.020.K is as follows:
"Coverage, structural" means the area, measured in a horizontal plane, covered by all buildings or other structures on a parcel of property or a lot, as the case may be, excluding features permitted to extend beyond the walls of the building or other structure, by any other provision of this Chapter.
The structural coverage is determined as a percentage of the area of the parcel. The following table shows the total permitted structural coverage for each single-family zoning district as well as the minimum lot size for reference:
Zoning District Structural Coverage (percent
of lot area)
Minimum Lot Size
R-1-8 40% 8,000 square feet
R-1-20 30% 21,780 square feet
R-1-44 20% 43,560 square feet
It is important to note that for lots that are significantly larger than the minimum lot size for the zoning district, the overall allowed structural coverage is reduced. Larger lots are allowed a smaller percentage of the lot be covered with structures; however, the actual total square footage allowed still increases with the lot size.
The City Council may alter the definition of a ‘structure’ to remove swimming pools/spas from the definition, and the effective result would allow an increase in the square footage of other structures on a property as the area of the pool would no longer be included in the calculated structural coverage. However, swimming pools/spas would still be included in the impervious coverage limits. Impervious coverage is calculated by summing the area of the structure coverage along with other decks, driveways, patios, and paving that is impervious. Removing swimming pools and spas from the definition and calculations of structural coverage, would not result in any change to the overall impervious coverage allowed on a lot.
The impervious coverage limits for each single-family zoning district are as follows:
Zoning District Impervious Coverage
(percent of lot area)
Minimum Lot Size
R-1-8 60% 8,000 square feet
R-1-20 40% 21,780 square feet
R-1-44 30% 43,560 square feet
As directed by City Council, staff will return to Council at a future meeting to provide information about the effect of removing swimming pools and spas from structural coverage and recommend any necessary changes to impervious coverage to ensure no significant change in pool size or impervious area will result from changes in the attached draft ordinance.
Clarification of Definitions
The definition of a ‘structure’ in the Municipal Code currently serves two primary purposes; one is to specify what features/elements on a lot that are required to meet setbacks from property lines and the other is to identify the features/elements that are included in the Structural Coverage.
The current definitions of ‘structure’ and ‘coverage, structural’ are very broad and can be interpreted to include at-grade paved surfaces such as sidewalks, patios, and decks. Current administrative practice is to not include such features as structures for purposes of determining setbacks or structural coverage. These types of features are included when determining the impervious coverage on a parcel, as these elements are included in the definition of ‘coverage, impervious’ in the Municipal Code.
Revising these definitions to clarify that at-grade improvements are not included as a ‘structure’ or ‘coverage, structural’ will remove current overlapping requirements and ensure consistent application of the code provisions.
California Environmental Quality Act:
This ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
Public Noticing:
This 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 Ordinance No. NS-234
ORDINANCE NO. NS-234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 10.01.020 (DEFINITIONS – SPECIFIC TERMS) WHEREAS, the City Council of the City Monte Sereno desires to amend the definitions of ‘coverage, structural,’ ‘coverage, impervious,’ and ‘structure’ in the zoning in the Monte Sereno Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Section 10.01. Section 10.01.020.K of Chapter 10.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
K. "Coverage, structural" means the area, measured in a horizontal plane, covered by all buildings or other structures on a parcel of property or a lot, as the case may be, excluding features permitted to extend beyond the walls of the building or other structure, by any other provision of this Chapter. However, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installations, ground-mounted antennas or satellite dishes accessory to residential uses will not be included in structural coverage.
Section 2. Amendment to Section 10.01. Section 10.01.020.L of Chapter 10.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
L. "Coverage, impervious" means the area covered by all buildings or other structures; decks; driveways; patios; paved parking or storage areas; and swimming pools and spas whether constructed above or below grade, which are capable of holding water to a depth of two (2) feet or more on a parcel of property or a lot, as the case may be.
SECTION 3. Amendment of Section 10.01. Section 10.01.020.AU of Chapter 10.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
AU. "Structure" means anything constructed or erected that requires location on the ground or attachment to something having location on the ground. For purposes of this definition, a structure shall include any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installation, ground-mounted antenna or satellite dish, and tree house, but shall not include sport courts, sidewalks, patios, decks, pathways, paving, and other paved improvements installed at grade, such as outdoor stairs.
SECTION 3. Environmental Review.
This ordinance is not a “project” as defined by the CEQA guidelines Section 15378:
“Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
SECTION 4. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 5. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 6. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
This Ordinance was introduced at the meeting of the City Council on the 21st day of March 2023, and was adopted at a regular meeting of the City Council on the _____ day of ____________, by the following vote:
AYES:
NOES:
ABSENT:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Sergio Rudin, City Attorney
From: Liz Lawler
To: Bryan Mekechuk; Gloisy Gonzalez-Langarica
Cc: Javed Ellahie; Rowena Turner; Burton Craig; Evert Wolsheimer Subject: UNFINISHED BUSINESS AGENDA ITEM #1
Date: Tuesday, March 28, 2023 1:16:23 PM
Dear Mayor and Council,
I ask that you please continue Item #1 under Unfinished Business, on tonights agenda, to a future date, so that the full analysis requested by Mayor Mekechuk at the last meeting can be presented to Council.
Council thoughtfully discussed this item last fall, and not only did the majority of Council vote to keep pools as “structural coverage” and clarify definitions within our code, the Site and Architecture Committee recommended and affirmed the same action to Council with a unanimous 5-0 vote.
As I mentioned at the November 15th meeting, I believe that shifting “pools” from “structural” to “impervious” coverage requires at least a full examination of compensating square footage elsewhere, to prevent excessive coverage that could alter our neighborhoods and have negative environmental impacts.
Having the full analysis on this would enable Council to make a better and fully informed decision for our City and our residents, whatever that decision may be, and address ahead of time, any potential negative impacts such a decision may have.
Respectfully,
Liz Lawler
STAFF REPORT
Meeting: City Council - Mar 28 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Discuss Installation of a Neighborhood Incident Command Post (NICP) for the Community Emergency Response Team (CERT)
Recommendation(s):
Staff recommends the Monte Sereno City Council discuss installation of a NICP for CERT.
Background Information:
CERT is an all-volunteer community-based emergency preparedness organization supported by the Los Gatos Monte Sereno Police Department. The primary mission is to provide support and emergency services personnel during disasters or emergencies. CERT provides a 21- hour training course in disaster response and recovery skills to a volunteers in the community.
To supply CERT operations, incident command centers are used. They are called NICP’s and are outfitted with supplies, bottled water, and radio equipment. The NICPS are strategically placed throughout communities they support.
Monte Sereno staff met with members of the CERT team in Los Gatos and Monte Sereno.
Two NICP’s were visited. It was discussed at the staff level a possible CERT NICP could be located at the City of Monte Sereno city hall parking lot. The size of the NICP is a 10 X 12 shed.
If the Monte Sereno City Council decides to proceed with installing a NICP at Monte Sereno City Hall, an ideal location needs to be determined. In addition, the Monte Sereno City Hall location has two pending projects which need to be scheduled in conjunction with any potential installation. These projects are the Community Room and the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The SCVURPPP project may require removal and replacement of the entire asphalt parking lot at Monte Sereno City Hall.
Fiscal Impact:
If the City Council decides to acquire and host a NICP, the City Council should budget $10K for the acquisition and installation. This figure represents approximately $5K for acquiring the shed, and $5K expenses for siting and installation. The $10K figure does not include fencing or barriers around the shed. Ongoing maintenance and supplies for the NICP shed should be
discussed with CERT. The cost of a NICP can be included in the City of Monte Sereno FY2023-24 Budget.
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 - Mar 28 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Consideration of Two (2) Applications to Fill One (1) Vacancy on the Monte Sereno Better Streets Commission for an Unexpired Term Ending December 31, 2023
Recommendation(s):
Staff recommends the City Council consider and appoint one (1) applicant for the Better Streets Commission to fill one (1) vacancy on the Monte Sereno Better Streets Commission for an unexpired term ending December 31, 2023.
Background Information:
On February 21, 2023, the City received the resignation of Shalini Saxena on the Better Streets Commission. Per California Government Code Section 54974, a Notice of Unscheduled Commission Vacancy (attached) was posted in the cabinet outside of City Hall, on the City's website, and was distributed on the City's various social media outlets. The Notice was posted no later than twenty (20) days after the vacancy occurred as required by law and final appointment to the Commission shall not be made by the City Council for at least ten (10) working days after posting.
As a result of the City's recruitment to fill the seats, applications were received from two (2) qualified residents:
• Omar Billawala
• Nancy Pearson
Fiscal Impact:
There are no unbudgeted fiscal impacts with this staff report.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website. In addition, recruitment notices were posted on the City website, sent to our e-mail distribution list, and posted on the Nextdoor social media website.
Attachments:
Notice of Unscheduled Commission Vacancy
O. Billawala
N. Pearson
NOTICE OF UNSCHEDULED COMMISSION VACANCY
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that one (1) unscheduled vacancy has occurred on the BETTER STREETS COMMISSION. The term period isthrough December 31, 2023. Applicants must be residents of the City of Monte Sereno and registered voters of the City of Monte Sereno and shall have backgrounds, experience, and/or interest in traffic, bicycle, pedestrian safety, street standards, storm water management, and/or sustainable infrastructure.
Additional information can regarding the appointment can be found at https://www.montesereno.org/2192/City-Clerk or by contacting the City Clerk at [email protected]. To be considered for this vacancy, please complete a Commission Application submit to the City Clerk, by 5:00pm Monday, March 6, 2023.
This NOTICE was duly posted no later than twenty (20) days after the vacancy occurred as required by law. Final appointment to the Commission shall not be made by the City Council for at least ten (10) working days after posting this notice in the City Clerk’s Office.
February 22, 2023
Gloisy Gonzalez-Langarica
City Clerk
DocuSign Envelope ID: A56DD9F0-3B53-44A4-BBD3-789691429420
City of Monte Sereno
Commission Application
Date Received: February 27, 2023
Applying for: Better Streets Commission
Name: Omar Billawala
Previously Held Elected or
Appointed Governmental
Positions:
Monte Sereno Vision Committee
Education: U.C. Berkeley -- BA Math, BA Computer Science 1981 Stanford -- MS Operations Research 1985
Santa Clara University -- JD 1996, MBA 1997
West Valley College -- AA Economics 2022
Why do you want to be on the
selected Commission?:
I am interested in our streets and walkability in the City.
Please list your current
commitments:
Work, Family
What strengths do you possess
that you believe will make you a
successful commissioner?:
I am a good problem solver.
What strengths do you possess
that you believe will make you a
successful commissioner?:
I am a good problem solver.
Tell us about your background,
experience and/or interest in
traffic, bicycle, and pedestrian
safety, street standards, storm
water management, or
sustainable infrastructure that
you feel would assist us in
considering your application:
I have experience living in the "boondocks" of Monte Sereno--the area off of Bicknell Road that is not "contiguous" (at least from a walking- or bicycling-safely perspective) with the rest of Monte Sereno.
What do you see as important
streets or traffic-related issues in
Monte Sereno?:
Street maintenance, walkability, summer beach traffic.
From: Lionel Allan
To: Bryan Mekechuk; Evert Wolsheimer; Rowena Turner; Javed Ellahie; Burton Craig Cc: Steve Leonardis; Gloisy Gonzalez-Langarica
Subject: Better Streets Commission
Date: Monday, March 27, 2023 3:09:02 PM
Dear Council
May I respectfully recommend Nancy Pearson for the open seat on the Better Streets Commission?
Lon Allan
LIONEL M. ALLAN
O: 408 354 8854
C: 408 421 8170
[email protected]
www.lonallan.com
From: Liz Lawler
To: Bryan Mekechuk; Evert Wolsheimer; Javed Ellahie; Rowena Turner; Burton Craig Cc: Gloisy Gonzalez-Langarica
Subject: BSC appointment
Date: Tuesday, March 28, 2023 10:00:27 AM
Dear Mayor and Council,
As current Chair of the Better Streets Commission, I humbly submit my endorsement of Nancy Pearson to the BSC.
My reasoning is, given I have returned after a four year hiatus, and given that Nancy has served on the BSC during that time, and given that Jessica Kahn recently left the city, (and our current engineer having to come in with little knowledge of the BSC) it would be very helpful to me and the existing commissioners to have someone who is already familiar with what the BSC has been working on, and provide continuity for efficiency purposes.
Thank you,
Liz Lawler
Chair
Better Streets Commission
City of Monte Sereno