AGENDA
City of Monte Sereno
Saturday, April 1, 2023
Special Meeting of the City Council
9:30 AM
Monte Sereno City Council Chambers
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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Page
CALL TO ORDER
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.
ROLL CALL
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
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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.
1. Public Comment Received
Public Comment Received on 3.30.2023
3 - 5
NEW BUSINESS
1. Annual Council Goal Setting Session for Fiscal Year 2023-2024 After Monte Sereno City Council discussion, Council may select and categorize work items Council would like to pursue in fiscal year 2023- 2024.
Staff Report - SR-23-075 - Pdf
6 - 23
ADJOURN
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From: Allison Zeidler
To: Gloisy Gonzalez-Langarica
Subject: Fwd: Updating Tree Code for Public Safety
Date: Thursday, March 30, 2023 7:34:36 AM
Hi Gloisy. I'm copying you also on my "public comment." Sorry I should have put you on the original email.
Allison
---------- Forwarded message ---------
From: Allison Zeidler <[email protected]>
Date: Thu, Mar 30, 2023 at 7:28 AM
Subject: Updating Tree Code for Public Safety
To: <[email protected]>, Javed Ellahie <[email protected]>, Rowena Turner <[email protected]>, <[email protected]>, <[email protected]>
CC: Diana Perkins <[email protected]>, Lon Allan <[email protected]>, Steve Leonardis <[email protected]>
Dear City Council:
Given the increasing strength of storms and wildfires, it seems like a good time to revisit our tree ordinances.Historically, the Monte Sereno Municipal Code has focused on tree preservation and been largely silent on preventative tree maintenance.In recent storms, many dead, diseased and unsuitable trees fell, causing property damage and blocking roadways around Monte Sereno. The City may want to update our Municipal Code to differentiate between trees to preserve and those to remove or trim for public safety.
Three areas of potential revision include tree removal permitting, abatement, and public roadway maintenance.
Permitting - First, we could consider suspending or eliminating permit requirements for removal of dead or unsuitable trees.Unsuitable trees under our Code include certain Eucalyptus, Acacia, Palm, Monterey Pine, and a few other varieties.We could also send a flyer notifying residents of any change to encourage removal of such dead or unsuitable trees.
Abatement - Second, we could add “Hazardous Trees” to our weed and brush abatement statute.Chapter 8.02 of the Code requires that residents remove dry brush, weeds, fallen limbs and other hazards from their property.We could require that residents also abate Hazardous Trees, defined as those that are dead, severely diseased, or deemed hazardous by an ISA Certified Arborist.The City could have the ultimate determination in the case of competing arborist opinions.
Public Roadway Maintenance - Third, we could add provisions that require residents to keep the trees on their property from interfering with public roadways.Los Gatos does.
Following are a few provisions from Chapter 26 of the Los Gatos Town Code that we might tailor and add to the Monte Sereno Municipal Code:
Los Gatos Town Code Sec. 26.10.055. – “Certain trees, etc., declared a public nuisance.” “(a)Any tree, shrub, plant or part thereof growing in, or overhanging, a public street or right-of-way interfering with the use of any public street or public place in the Town, or tree which, in the opinion of the Director, endangers the life, health, safety, comfort or property of any persons using such public street, or in such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance.” . . .
Los Gatos Town Code Section 26.30.010. “Notice to property owner to remove, trim, etc”
“When any tree, or part of a tree appears to be dead, decayed, injured, insecurely rooted, or for any other reason likely to break apart or fall, and the tree is either located on a public street or any other public property, or overhangs or is likely to fall upon any public street or other public property, the Director shall notify the owner or person in possession of the property to cut down, trim or remove the tree, as the extent of the apparent damage and hazard may require. Where a tree or part of a tree is in the condition described in this section, and constitutes an immediate danger to members of the public using a public street or any other public property, the Director may, taking only such steps as are reasonable under the circumstances to notify the owner or occupant of the property, cut down, trim or remove the tree, as reasonably necessary to alleviate the hazard.” Los Gatos actively maintains its City trees.We may not have sufficient budget.If we were to adopt a similar provision instead of “the Director shall notify” we might state “the City may notify.”Further, we could add the language Los Gatos uses that clarifies the liability remains with the property owners, as follows:
Los Gatos Town Code Sec. 26.10.060. – “Maintenance and removal of trees.” Subsection (d) provides,“Nothing in this chapter shall be deemed to impose any liability upon any member of the Town Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of any private property from the duty to keep the property, and the sidewalks and parkway in front of the property in a safe condition, and not hazardous for public travel.”
In summary, Monte Sereno might enhance public safety by updating its Code with respect
to tree removal permitting, abatement and public roadway maintenance.
Regards,
Allison Zeidler, Resident
p.s., The foregoing shall not be construed as provision of legal advice.It’s solely my opinion as a private resident.
STAFF REPORT
Meeting: Special Meeting of the City Council - Apr 01 2023 Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Annual Council Goal Setting Session for Fiscal Year 2023-2024 Recommendation(s):
After Monte Sereno City Council discussion, Council may select and categorize work items Council would like to pursue in fiscal year 2023-2024.
Background Information:
The City Council of Monte Sereno meets every fiscal year to establish a work plan prior to adopting its annual budget. This process is known as council’s Annual Goal Setting Session.
Monte Sereno City Council decides how best to allocate city resources to provide service delivery to Monte Sereno residents. Upon completion of the public hearing, the city manager will work with city staff to establish the annual operating budget in conjunction with the work plan established by council. Throughout the coming fiscal year (FY 2023-2024), Monte Sereno City Council and city staff work together to complete the workplan and adapt and update the workplan to achieve established goals.
Analysis:
In 2017, Monte Sereno adopted a “City Council Role, Vision and Values Document” (Attachment 1). The City Council Role, Vision and Values Document has been used as a prelude to the annual goal setting session since 2017. Council values listed as Integrity and Professionalism, Transparency and Openness, Performance Accountability, Effective and Efficient Services, Fiscal Responsibility and Quality of Life for all Residents help guide Monte Sereno City Councilmembers’ in achieving goals.
Council Vision is written “The Monte Sereno City Council will continue to strengthen community and promote a strong sense of unity. Monte Sereno City Council strives to maintain the unique character and beauty of Monte Sereno and aspires to lead regionally as a desirable place to reside.”
Council instructed staff to update the Vison and Values document in 2020 to make the statement more inclusive, by adding language to the last paragraph as stated: “We promote
inclusiveness and non-discrimination.” Council further instructed staff to amend the Vison and Values statement for 2021-2022.
In November of 2020, Monte Sereno City Council adopted a Code of Conduct Policy. This policy is included in the report (Attachment 2).
In Fiscal 2022-2023, The Monte Sereno City Council established five goal categories derived from the Monte Sereno General Plan. These categories are as follows:
1. Quality Public Services
2. Community Character
3. Enhanced Mobility
4. Community Safety
5. Environmental Sustainability
In each category of the FY 2022-2023 goals, there existed a subcategory of tasks or actions for Monte Sereno City staff to complete. Provided is a summary (Attachment 3) of this report of the goals, subcategories, and status of completed work items for FY 2022-2023. To date, significant progress has been achieved in completing the FY 2022-2023 work plan. There are “in progress” work items which may be delivered soon. The work plan is an evolving document.
For this year’s goal setting session, Monte Sereno City staff recommends continuing adoption of the same “top level goals” derived from the Monte Sereno General Plan. Subcategories of Fiscal Prudence, Governance/Operations and Community Engagement are listed under Quality Public Services. The purpose of these subcategories is to further define goals outside the spectrum of a land use document.
Attachment 4 represents a “starter list” for council to begin discussion to add new goals.
These work items can be modified, eliminated, or pursued as drafted based on results of Monte Sereno City Council discussion.
When completed, the proposed new list of Items chosen by council can be merged with the previous carry over items. Items marked in red are recommended by staff for elimination.
Items marked in green are ongoing and may remain in process scheduled for continued pursuit in 2023-2024. Items marked in blue require additional resources outside of staff’s capabilities.
Business consultants, special project contractors, and or council ad-hoc committees should be considered. Items lined out are accomplishments to be removed from the list.
Proposed work items are included in Attachment 5. These documents are provided as examples for discussion purposes and support subcategories of goals. Work items brought forth by staff, the public and councilmembers during FY-2022-2023 are included in the list.
Fiscal Impact:
Depending on adoption of goals, Monte Sereno City Council will have to direct associated budget adjustments before adoption of the Annual City of Monte Sereno Budget by June 20, 2023.
Alternatives:
1. Adopt proposed goals and work items.
2. Modify goals and work items and adopt those modifications.
3. Take no action on goals and related items in this report.
Conclusion:
Monte Sereno City Council has an opportunity to create a solid work plan for FY 2023-2024 whilst meeting goals and objectives and enhancing service delivery to residents.
Accomplishing a successful work plan each fiscal year will allow The City of Monte Sereno to achieve progress towards all five guiding principles (goals) in the Monte Sereno General Plan in a fiscally responsible way. Those principles are Quality Public Service, Community Character, Enhanced Mobility, Community Safety, and Environmental Sustainability.
Public Noticing:
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:
Council Role, Mission, Vision and Values Document
Council Code of Conduct Policy
FY 2022-2023Goals
Starter List
Proposed Goals
Monte Sereno City Council Role, Mission, Vision & Values:
March 2022
Overview
A Monte Sereno City Council Ad Hoc Committee on Governance developed the Role, Vision, and Value statements below in 2017. Monte Sereno City Council updated the items in March 2019 and May 2020 at their Annual Goal Setting Sessions, including adding a Mission Statement in 2020. Suggested revisions from 2021 have been added and highlighted in yellow.
Monte Sereno Council Role
The Monte Sereno City Council is the governing body of the City of Monte Sereno, vested with policy, fiduciary, legislative and quasi-judicial authority. The City Council of Monte Sereno operates under a Council-Manager form of government. Five councilmembers are elected at large by Monte Sereno voters. Those councilmembers direct policy which is implemented by the City Manager of Monte Sereno.The Monte Sereno City Council serves all of Monte Sereno, establishing policy and making decisions designed to benefit the community. As part of its leadership role, Monte Sereno City Council advocates, regulates, forms partnerships, provides direction, and monitors achievement. Members of the Monte Sereno City Council lead in their roles and responsibilities through relationships they have with each other, the public, and city staff, and by following all applicable regulations, ordinances, and laws. Monte Sereno City Councilmembers adhere to and model the Monte Sereno Council Mission, Vision & Values.
Monte Sereno Council Mission
The Mission of the City of Monte Sereno is to provide high-quality services to residents in an efficient, transparent, and fiscally responsible manner that preserves and enhances the unique residential character of Monte Sereno, protects natural resources, and minimizes resident impacts to the environment, and protects and enhances the health, safety, mobility, and welfare of residents.
Monte Sereno Council Vision
The Monte Sereno City Council will continue to strengthen community and promote a strong sense of unity. Monte Sereno City Council strives to maintain the unique character and beauty of Monte Sereno and aspires to lead regionally as a desirable place to reside.
Monte Sereno Council Values
▪ Integrity and Professionalism: The Monte Sereno City Council shall work together to serve the community by respecting and trusting each other. We honor our word and keep our commitments. We seek to earn the public’s trust and confidence. We accept responsibility and take ownership for our actions.
▪ Transparency and Openness: We listen to all ideas and viewpoints. We establish clear direction, priorities and clearly communicate intentions and expectations. The Monte Sereno City Council decision-making process is transparent, open, and available to all participants equally and without exception.
▪ Performance Accountability: We act in the best interest of the City of Monte Sereno. We set measurable performance goals, which support the priorities of the City of Monte Sereno and our individual work groups.
▪ Effective and Efficient Services: We deliver effective and efficient services both internally and through partnerships with other agencies to maximize City of Monte Sereno resources.
We strive to set a standard of excellence.
▪ Fiscal Responsibility: We conduct short and long-range strategic budgeting and financial planning to maximize service delivery and to build the economic stability of the City of Monte Sereno. We practice sound fiscal management to protect our financial resources. • Quality of Life for all Residents: We are committed to continually enhancing the quality of life in Monte Sereno. We safeguard the value and economic vitality of our community. We promote inclusiveness and non-discrimination.
I. Provide Quality Public Services
A. Maintain Fiscal Prudence
1. Increase property tax allocation for Monte Sereno from current 6% to a higher percentage
2. Investigate additional funding for street specific maintenance
3. Study User and Regulatory Fees (city resource vs recovery methodology)
4. Consider developing a funding plan to maintain City Hall and future City facilities
5. Develop requirements and review annexation of County pockets into the city on an opportunistic basis
B. Improve Governance and Operations
1. Hire Building Inspector/Code Enforcement Officer
2. Develop a business continuity plan, which may include Informational Technology and Succession Planning
3. Define and continue Operational Excellence Plan and Develop Operational Metrics C. Engage Community Members
1. Update Boards and Commissions attendance rules
2. Recognition Program (commissioners and residents)
3. Continue “Citizen of the Year” award program
4. Implement Annual City Survey and resident service/feedback
5. Develop a Veteran’s Memorial
II. Maintain Community Character
A. Historical preservation guidelines
B. Update General Plan/Housing Element/Objective Standards C. Focus on an Inclusive Community
D. SB9 Ordinance updates
III. Enhance Mobility for Residents
A. Complete Highway 9 sidewalk gap project
B. Update the Bicycle and Pedestrian Plan for the City of Monte Sereno IV. Maintain Community Safety
A. Additional NICP for Monte Sereno
B. Update the City of Monte Sereno Wireless Ordinance
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org
V. Enhance Environmental Sustainability
A. Evaluate and consider updating Reach Codes in 2022
B. Meeting “green” requirements – Water conservation, develop Climate Change Resolution/encourage and support the move to lower carbon emissions in Monte Sereno C. Review and implement Urban Forestry Alliance
D. Review opportunities to improve drainage and enhance flood control E. Promote low-water and low-fire landscaping alternatives for residents F. Promote electric vehicle chargers for residents to promote electric vehicle adoption
2023-2024 Goal Ideas/Tasks
2023-2024 Goals for Engineering/Public Works
1. Investigate additional funding for street-specific maintenance.
A goal for 2022-2023 was “Investigate additional funding for street-specific maintenance.” For whatever reason, it does not appear work on this goal was completed. Given the needs for maintenance and upgrade of streets in the city coupled with the deficit in funding to meet those needs, focus on establishing new funding sources is important to the long-term viability of the city-street assets. Current “Neighborhood Improvement Projects (NIP)” are not funded. Other NIP’s are needed for substandard and deteriorating streets. This goal should be defined, re-established for 2023-2024, and a means for accomplish it understood and undertaken.
2. Study User and Regulatory Fees (City resource vs recovery methodology).
A goal for 2022-2023 was “Study User and Regulatory Fees (city resource vs recovery methodology) = In process”. It does not appear that work on this goal was completed. Goal # 1 above and justification for continuing the city’s existing “Road Impact Fee” should be included.
3. Hire a new City Engineer.
Hired in 2018, City Engineer Jessica Kahn left city employment in late September 2022. Since that time, the city has employed a part-time Engineer to perform City Engineer/Public Works manager duties. The city needs to recruit a full-time City Engineer as soon as possible to ensure that city services are delivered, and responsibilities met. Given the unique suite of duties this person will need to address, a plan for orderly transition with the Interim Engineer needs to be implemented.
In the past, “Engineering” has been the name for singular budget category for what is Engineering AND Public Works. I believe it would be useful and informative for staff, City Council, and the public to understand that financial information is for both these areas of city activity; whether merged as one and only retitled or as two program areas. Engineering responsibilities and tasks are different from Public Works responsibilities.
The former is generally performed by a licensed civil engineer and the latter by a suitably person suitably educated, experienced, and knowledgeable in the field of municipal public works.
2023-2024 Goal Ideas/Tasks
4. Organize and fund the City’s Storm Water pollution prevention program to include administration, development and construction project review, and field observation and enforcement.
State mandated storm water pollution regulations have steadily expanded since they were first initiated in the 1980’s. As time has gone on, the State of California, through its State Water Board and its regional divisions, has aggressively pursued more restrictive goals, regulations, and enforcement.
A notable example is the $4.6M fine imposed on the City of San Diego by the San Diego Regional Water Quality Board for its alleged failure to enforce mandated construction standards and inspection thereof. New regulations, new organizations have emerged such as the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and the West Valley Clean Water Authority (WVCWA). While these local organizations are “here to help” and do some work for the city, they also create more work for the city staff. It is important to remember that the city is a permittee of the State of California, holding its own permit for discharge of storm water. To date, the city has reacted to regulations and gotten by. Increased regulations and scrutiny of the city’s compliance warrants a more proactive approach. The city needs to proactively organize, train and implement those responsibilities is accrues from state, regional, and local organizations.
5. Update the 5-year Capital Improvement Program.
In the past, the city has established and updated a 5-year Capital Improvement plan. With input from the Better Streets Commission, a fiveyear CIP for public infrastructure needs to be developed.
6. Seek City Council Approval and implement a 2023-24 Capital Improvement Budget.
A Capital Improvement Plan for 2023-2024 should be developed and approved. Projects proposed to be included are:
a. Accomplish a pavement improvement project for 2023-2024.
The city has had a policy and practice of completing a pavement improvement project each year with the goal of keeping its pavement condition index rating at or above 70. A 2023-2024 project should be defined and accomplished with a budget around $300K.
b. Community Center Building Project
Design, construct, and commission a new community center building that will incorporate the now-vacant City of Monte Sereno Office-Post
2023-2024 Goal Ideas/Tasks
Office building at corner of Rose Avenue and SR-9. A new community center building is currently being designed and funding pursued for construction of this new building in 2023-2024. A suitable project manager will be required to accomplish this project and the community center parking lot. Current estimated cost for the new building is $600K. This estimate will need updating to conform with the new design currently underway.
c. Community Center Parking Lot Project
Design, construct, and commission the rebuilding of the city office parking lot as a “green stormwater infrastructure” (GSI) project. The project must meet requirements as contained in the 2019 GSI Project plan. Current estimated cost for the renovated parking lot is $125K.
This estimate will need updating to conform with the new design. d. Procure a properly equipped City vehicle for use by City Staff.
City staff perform a variety of duties in the city, on its roads and private property, interacting with other roadway users, contractors and suppliers and property owners. In the past, city staff has used their private vehicles to perform the various tasks. While this practice has financial benefits to the city, it exposes the city staff to hazards, exposes private vehicles to damage, and creates difficulty for the community and service providers to identify city staff working on streets and entering onto private property during the day and at night. The vehicle is intended for shared use by the City Engineer, Public Works Manager, Building Inspector/Code Enforcement officer. A utility vehicle that can be equipped with emergency flashing lights (yellow) and able to carry street maintenance equipment and supplies. The budget proposal of $45K will made to provide funding for purchase of a Ford Ranger XLT Super-cab, 4-cylinder turbocharged engine, midsize pickup truck (or equivalent) and to purchase and install after-market safety equipment. e. Accomplish a City-wide storm drain catch basin cleaning project.
It has been several years since catch basins in the city storm drain system have been cleaned. As debris accumulates in catch basins there is an increased potential for flooding. A 2023-2024 project should be accomplished. A budget estimate for the project is $100,000.
2023-2024 Goals for Fiscal Stability
Monte Sereno should consider developing a Bi-Annual budget process. Presently Monte Sereno employs and annual budget
2023-2024 Goal Ideas/Tasks
process. Greater efficiency can be obtained by creating a budget process which covers two fiscal years. This is a perfectly legitimate practice in local government agencies.
Monte Sereno should also consider modification of its investment policies to achieve greater financial returns on savings. Treasury bills and certificates of deposit should be considered as alternatives to LAIF funds and regular checking account returns. Increased investment returns of course will ad to the City of Monte Sereno’s General Fund Reserves.
2023-2024 Goals for Community Character and Public Safety Monte Sereno may consider amending the city’s tree ordinance. Due to recent storms, there have been new concerns raised about privately owned large trees which, when not properly maintained, can impede the progress of residents in the event of an evacuation. The city may consider new policy language to aid residents in caring for their large private trees which may pose a hazard for themselves or others.
Monte Sereno has in past years employed an Arts Commission.
Small public arts projects have been proposed to staff and council in recent years.
Council may decide small public arts projects like utility box wraps, birdhouses, and “free little libraries” add value to the city’s landscape. A previous community art project located at the Wimberly Walkway was installed by residents without any city direction.
The wall and sidewalk on Winchester Boulevard which hosts the Billy Jones plaque represents an opportunity for improvement. The wall can be structurally repaired or replaced. The sidewalk in front of the wall needs to be replaced.
The wall can be potentially used as a location for a mural. Cost for various solutions for the wall and sidewalk would require bids.