AGENDA
City of Monte Sereno
Tuesday, August 1, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Approve the Minutes of the July 18, 2023 Special City Council Meeting Staff recommends approval of the Minutes of the July 18, 2023 Special City Council Meeting.
Staff Report - SR-23-157 - Pdf
6 - 9
2. Accept the Treasurer's Report for the Period Ending March 31, 2023 Staff recommends the City Council accept the Treasurer's Report for the period ending March 31, 2023
Staff Report - SR-23-160 - Pdf
10 - 28
3. Approve Warrant List Dated August 1, 2023 in the Amount $164796.99 Staff recommends the City Council approve the Warrant List.
Staff Report - SR-23-161 - Pdf
29 - 32
4. Consideration to Approve and Authorize the City Manager to Execute a Contract with Metropolitan Planning Group (M-Group) for Staff Support of the Housing Element Preparation and Implementation of Programs Not to Exceed $50,000.
Staff recommends that City Council approve and authorize the City Manager to execute Contract with Metropolitan Planning Group (MGroup) for staff support of the Housing Element preparation and implementation of programs not to exceed $50,000.
Staff Report - SR-23-159 - Pdf
33 - 47
5. Award of contract to O’Grady Paving, Inc. for the Fiscal Year 2023-24 Pavement Improvement Project in Total Amount Not to Exceed $394,365 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
Staff recommends the City Council:
1. Adopt a resolution accepting the lowest responsive and responsible bid for the Fiscal Year 2023-2024 Pavement
Management Program and determining project exempt from
CEQA; and
2. Authorize the City Manager to award the construction contract to the lowest responsive and responsible bidder after receipt of the required contract documents, execute contract documents, and approve potential contract changes in aggregate amount not exceeding 10% of the contract award amount.
Staff Report - SR-23-162 - Pdf
48 - 79
PUBLIC HEARINGS
1. Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges
Consider objections to the 2023 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing collection of the assessment charges.
Staff Report - SR-23-154 - Pdf
80 - 94
UNFINISHED BUSINESS
1. Housing Element Update – Discuss Sites to Consider for SB10 Rezoning for Multifamily Housing
Staff recommends that the City Council discuss sites to consider for SB10 rezoning allow for multifamily housing and provide direction to staff.
Staff Report - SR-23-158 - Pdf
Public Comments Received
95 - 107
2. Consider a Resolution Expanding the Membership of the Community Center Committee by Two Members, Including the Capital Campaign for the Community Center Project as a Responsibility of the Committee and Appoint Two (2) Residents of Monte Sereno to Community Center Committee
Staff recommends that City Council consider the following three (3) applications received and appoint two (2) of the three (3) residents of Monte Sereno to form part of the City of Monte Sereno Community Center Committee (currently three members of the public to five members of the public), and for the City Council to consider and adopt a 108 - 121
resolution that clarifies the membership and responsibilities of the Community Center.
Staff Report - SR-23-156 - Pdf
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.
Last Meeting Next Meeting
Craig
Monte Sereno Youth Commission 05/16/23 09/12/23
Santa Clara County Library JPA 06/01/23
Ellahie
Cities Association – Board of Directors 05/11/2308/10/23 Cities Association – Legislative Action Committee 05/11/23 08/10/23 Joint Venture Silicon Valley Network
Turner
West Valley Sanitation District 05/10/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study
Wolsheimer
Silicon Valley Animal Control Authority 07/26/23
Santa Clara Valley Water District Commission 04/12/23 10/25/23 Mekechuk
Valley Transportation Authority Policy Advisory Committee 06/08/23 07/08/23 West Valley Clean Water Board 05/04/23 09/07/23
West Valley Solid Waste/ Recycling JPA 05/04/23 09/07/23 Silicon Valley Clean Energy Authority 06/14/23 08/14/23 Association of Bay Area Governments 03/16/23 06/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 05/24/23 6/28/23
Cities Selection Committee 05/12/23 TBD in 2024
Mayor of Santa Clara County June 2023
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the July 18, 2023 Special City Council Meeting Recommendation(s):
Staff recommends approval of the Minutes of the July 18, 2023 Special 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:
07-18-23 Special Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
SPECIAL MEETING
3:45 p.m.
July 18, 2023
MEETING CALLED TO ORDER
At 3:46 p.m., Mayor Mekechuk called the meeting to order.
ROLL CALL
Present – Chambers: Councilmember Ellahie, Councilmember Craig, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: Councilmember Turner
Staff: City Engineer/ Public Works Director Jordan, City Planner Perkins, City Attorney Powell, and City Clerk Gonzalez-Langarica
CONSENT CALENDAR
1. Approve the Minutes of the July 11, 2023 Special City Council Meeting Mayor Mekechuk opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.
MOTION: Motion by Councilmember Ellahie to approve the Consent Calendar.
Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed. (4-0-1 Absent: Turner)
NEW BUSINESS
1. Consider Approval of the Community Center Design as Recommended by the Community Center Committee
City Planner Perkins provided a staff report and answered questions from the Council.
Kohlsaat & Associates Jaclyn Greenmyer was present and assisted with answering questions from the Council.
Mayor Mekechuk opened the item for Public Comment. With no one else wishing to speak, Mayor Mekechuk closed Public Comment.
MOTION: Motion by Councilmember Ellahie to approve the Community Center
Design as Recommended by the Community Center Committee.
Seconded by Councilmember Craig.
VOTE: Motion passed. (4-0-1 Absent: Turner)
NEW BUSINESS
1. Consider Expanding the Number of Public Members on the Community Center Committee by Two (2) and the Responsibilities of the Community Center Committee City Attorney Powell provided comments on the current Item and answered questions from Council.
Mayor Mekechuk opened the item for Public Comment. With no one else wishing to speak, Mayor Mekechuk closed Public Comment.
Council provided staff with direction to advertise for the newly created positions to form part of the Community Center Committee. Also, staff was directed to bring back a resolution defining the Community Center Committee, clarifying the membership and responsibilities of the Community Center Committee.
2. Consider Changing the Charter of the Community Center Committee In combination with Item #1 City Attorney Powell provided comments on the present items and answered questions from Council.
Mayor Mekechuk opened the item for Public Comment. With no one else wishing to speak, Mayor Mekechuk closed Public Comment.
Informational only, no action was taken.
3. Consider Authorizing the Mayor to Invite Elected Local, State and Federal Officials of Monte Sereno to the Annual City Picnic
Mayor Mekechuk provided comments on this item. He opined that getting more people involved and creating community in Monte Sereno may help to increase awareness of the City of Monte Sereno by elected Officials.
Mayor Mekechuk opened the item for Public Comment. With no one else wishing to speak, Mayor Mekechuk closed Public Comment.
MOTION: Motion by Councilmember Ellahie to approve authorizing the Mayor to Invite Elected Local, State and Federal Officials of Monte Sereno to the Annual City Picnic. Seconded by Councilmember Craig.
VOTE: Motion passed. (4-0-1 Absent: Turner)
ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 4:18 p.m.
Bryan Mekechuk, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending March 31, 2023 Recommendation(s):
Staff recommends the City Council accept the Treasurer's Report for the period ending March 31, 2023
Background Information:
In compliance with Government Code, Section 41004 California Government Code section 41004 states: "Regularly, at lease once each month, the City Treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
City staff has provided the new compliant monthly Treasurer's Report in four parts:
Compliant Treasurer's Report
• Part 1 - Receipts and Disbursement Report
• Part 2 - Significant Variances Actuals versus Budget Narrative • Part 3 - Demand Account Report
• Part 4 - LAIF Investment Fund and Wells Fargo Custodian Report 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:
Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21- 2023)
Part 2 - SIGNIFICANT VARIANCES TO BUDGET NARRATIVE 2023 03 31 (Final 07-21-2023) Part 3 - DEMAND ACCOUNT REPORT 2023 03 31 (Final 07-21-2023) Part 4 - LAIF Investment Report 2023 03 31 (Final 07-21-2023)
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
REVENUES
PROPERTY TAX
LICENSE & PERMITS
FRANCHISE TAX
INTERGOVERNMENTAL
OTHER REVENUE
GAS TAX
INTEREST
REAL PROPERTY TAX
SALES TAX
FEDERAL RELIEF FUNDS AND OTHER
FINES
TOTAL REVENUE
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,326,700 235,174 1,766,470 (560,230) 75.9%
914,100 16,489 566,372 (347,728) 62.0%
310,000 36,138 225,822 (84,178) 72.8%
236,485 12,225 152,237 (84,248) 64.4%
280,700 347 154,683 (126,017) 55.1%
191,000 13,714 119,970 (71,030) 62.8%
11,200 0 51,715 40,515 461.7%
145,000 0 64,133 (80,867) 44.2%
12,000 6,124 11,432 (568) 95.3%
772,100 0 409,905 (362,195) 53.1%
3,000 100 1,349 (1,651) 45.0%
5,202,285 320,312 3,524,088 (1,678,197) 67.7%
Page: 1 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 12 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
PROPERTY TAX
01-202 Secured
01-204 Unsecured
01-210 Homeowners Exemption
01-214 SB 813 Supplemental
03-316 Law Enforcement Tax (See Notes
Below)
40-366 Secured
40-368 Unsecured
40-370 Homeowners Exemption
40-378 Homeowner Exempt/SB813
50-402 Assessment
TOTAL PROPERTY TAX
Notes to Law Enforcement Tax - $89,000
03-316
Police Special Tax Assessment
per Assessor's Report May 5,
2022 - Total $89,000
SALES TAX
01-296 Sales and UseTax
TOTAL SALES TAX
01-298 Coronavirus Relief Fund (State)
TOTAL FEDERAL RELIEF FUNDS
Notes to Relief Funds (Federal & Other) $772k
01-298 Silicon Valley Clean Energy ($18k) -
Secured if usd for solar panel/battery
Prop 68 Per Capita Program ($180k) -
Secured if expended by 12/31/2023
Federal Relief Funds ($409.5k) -
Awarded Coronavirus State and local
Fiscal Recovery Funds.
Unidentified energy, Parks, or
Rescue Funding ($164k) - To be
determined
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,108,700 230,450 1,507,948 (600,752) 71.5%
89,000 0 90,605 1,605 101.8%
5,000 0 2,690 (2,310) 53.8%
35,000 4,416 51,574 16,574 147.4%
89,000 0 111,842 22,842 125.7%
0 303 1,631 1,631 N/A
0 0 119 119 N/A
0 0 2 2 N/A
0 6 59 59 N/A
0 0 0 0 N/A
2,326,700 235,174 1,766,470 (560,230) 75.9%
12,000 6,124 11,432 (568) 95.3%
12,000 6,124 11,432 (568) 95.3%
772,100 0 409,905 (362,195) 53.1%
772,100 0 409,905 (362,195) 53.1%
Page: 2 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 13 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
GAS TAX
12-328 Gas Tax
12-333 Gas Tax (SB-1)
TOTAL GAS TAX
FRANCHISE TAX
01-262 Gas
01-263 Electricity
01-264 Water
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-268 Cable TV
TOTAL FRANCHISE TAX
REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX
LICENSE AND PERMIT FEES
01-231 SB1186 Fees
01-232 Business License
01-234 ConstructionTax
01-235 SMIP
01-236 Construction Permits
01-237 Grading Permits
01-238 SB1473 (BSASRF)
01-240 Subdivision Fee
01-241 Site Development\Use\Variance\
01-242 Zoning Fees
01-243 Planning Miscellaneous
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
109,000 7,521 62,981 (46,019) 57.8%
82,000 6,193 56,989 (25,011) 69.5%
191,000 13,714 119,970 (71,030) 62.8%
17,600 0 0 (17,600) 0.0%
38,000 0 0 (38,000) 0.0%
38,400 0 36,101 (2,299) 94.0%
130,000 32,039 109,092 (20,908) 83.9%
36,000 4,099 25,838 (10,162) 71.8%
50,000 0 54,792 4,792 109.6%
310,000 36,138 225,822 (84,178) 72.8%
145,000 0 64,133 (80,867) 44.2%
0 0 0 0 N/A
145,000 0 64,133 (80,867) 44.2%
680 52 884 204 130.0%
12,320 1,057 15,865 3,545 128.8%
36,000 0 20,067 (15,933) 55.7%
6,300 3 2,885 (3,415) 45.8%
697,000 13,810 415,618 (281,382) 59.6%
50,000 0 28,883 (21,117) 57.8%
3,000 1 972 (2,028) 32.4%
200 0 0 (200) 0.0%
8,500 0 13,460 4,960 158.4%
0 0 0 0 N/A
100 0 1,699 1,599 1699.2%
40,000 1,160 21,433 (18,567) 53.6%
60,000 406 44,604 (15,396) 74.3%
914,100 16,489 566,372 (347,728) 62.0%
Page: 3 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 14 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)
TOTAL FINES
INVESTMENT INCOME
01-282 Interest - General (See Notes
Below)
12-332 Gas Tax Interest
. TOTAL INTEREST
.
Notes to Interest - General - $11,200
01-282
LAIF interest payment received in
arrears - Estimated $11,200 FY
2023.
INTERGOVERNMENTAL
01-287 AB939 (recycle incentive)
01-288 Abandoned Vehicle Abatement
01-300 Motor vehicle (state)
01-305 Miscellaneous
03-318 COPS grant revenue
05-323 Miscellaneous (Measure B &VRF)
See Notes Below
TOTAL INTERGOVERNMENTAL
Notes to Miscellaneous (05-323) - $129,185
05-323
Measure B - Pavement
Management Program (Annual) -
$80,685
05-323
TDA - Highway 9 Safety
Improvement Gap Closure -
$26,500
05-323 VRF - To be determined
allocation - $22,000
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 0 500 500 N/A
3,000 100 849 (2,151) 28.3%
3,000 100 1,349 (1,651) 45.0%
10,000 0 46,469 36,469 464.7%
1,200 0 5,245 4,045 437.1%
11,200 0 51,715 40,515 461.7%
1,100 0 729 (371) 66.3%
2,000 316 1,980 (20) 99.0%
4,200 3,576 3,576 (624) 85.2%
0 0 0 0 N/A
100,000 8,333 115,289 15,289 115.3%
129,185 0 30,663 (98,522) 23.7%
236,485 12,225 152,237 (84,248) 64.4%
Page: 4 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 15 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
. OTHER REVENUE
01-246 Road Impact fees
01-290 BCJPIA/State fund Ins. rebate
01-291 Microfilm Fee
01-292 Miscellaneous (See Notes Below)
01-294 Reimb. Publication
01-295 Election Candidate Fees
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance
TOTAL OTHER REVENUE
Notes to Miscellaneous (01-292) $283,600
01-292 Secured Grant for Annex Building
Project $198,600 (Budget)
01-292 Housing Element - Leap Grant
$65,000 (Budget)
01-292 Housing Element - Reap Grant
$20,000 (Budget)
TOTAL REVENUE
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
170,000 125 109,430 (60,570) 64.4%
500 0 0 (500) 0.0%
7,200 215 6,880 (320) 95.6%
85,000 7 30,007 (54,993) 35.3%
0 0 0 0 N/A
0 0 2,770 2,770 N/A
18,000 0 5,596 (12,404) 31.1%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
280,700 347 154,683 (126,017) 55.1%
5,202,285 320,312 3,524,088 (1,678,197) 67.7%
Page: 5 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 16 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
EXPENDITURES
PERSONNEL
LAW ENFORCEMENT
CONSTRUCTION
GENERAL GOVERNMENT
MAINTENANCE
ADMINISTRATION
CITY ATTORNEY
BUILDING MAINTENANCE
EQUIPMENT AND IMPROVEMENT
BUILDING AND IMPROVEMENT
CITY AUDIT
ENGINEERING
SPECIAL DISTRICTS
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,506,832 115,263 955,089 (551,743) 63.4%
1,110,604 92,550 764,007 (346,597) 68.8%
1,000 7,381 21,958 20,958 2195.8%
456,000 24,429 325,807 (130,193) 71.4%
975,000 11,584 481,963 (493,037) 49.4%
528,660 34,727 417,022 (111,638) 78.9%
249,550 7,652 59,248 (190,302) 23.7%
30,000 769 43,621 13,621 145.4%
89,600 2,585 31,653 (57,947) 35.3%
725,000 9,975 24,232 (700,768) 3.3%
54,600 14,463 19,203 (35,397) 35.2%
33,272 0 11,247 (22,025) 33.8%
2,980 403 1,615 (1,365) 54.2%
5,763,098 321,781 3,156,665 (2,606,433) 54.8%
(560,813) (1,468) 367,423 928,236 -65.5%
Page: 6 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 17 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
EXPENDITURES
GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol
01-506 Youth Commission Programs
01-507 Community Interface
01-515 Council Memberships
01-520 Elections
01-521 Municipal Code Revision
01-522 Environmental Services
01-523 GIS Mapping
01-531 Disbursement SMIP
01-532 SB1473 (BSASRF)
01-533 Disbruse SB1186 Fees
01-535 Professional Services
01-540 Insurance & Bonding
01-545 Code Enforcement
01-550 Community Based Organizations
01-555 Emergency Services
01-560 Annexation
01-565 Legal Ads/Notices/Recording fees
01-570 General Plan Revise
01-575 Misc/Refunds
01-576 Sales Tax
01-585 Animal Control
TOTAL GENERAL GOVERNMENT
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,000 0 17,681 15,681 884.0%
3,000 0 0 (3,000) 0.0%
15,000 303 13,841 (1,159) 92.3%
2,000 0 0 (2,000) 0.0%
15,000 0 2,770 (12,230) 18.5%
3,000 0 0 (3,000) 0.0%
12,000 10 3,274 (8,726) 27.3%
15,000 0 0 (15,000) 0.0%
6,300 7,104 7,104 804 112.8%
0 2,080 2,080 2,080 N/A
0 0 0 0 N/A
215,000 3,898 87,199 (127,801) 40.6%
89,000 1,775 95,421 6,421 107.2%
0 690 38,763 38,763 N/A
20,000 0 21,000 1,000 105.0%
12,500 0 0 (12,500) 0.0%
0 0 0 0 N/A
10,000 593 4,768 (5,232) 47.7%
0 0 0 0 N/A
200 0 2 (198) 1.1%
0 0 0 0 N/A
36,000 7,976 31,903 (4,097) 88.6%
456,000 24,429 325,807 (130,193) 71.4%
Page: 7 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 18 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
PERSONNEL
01-605 Regular Full Time
01-615 Part Time
01-620 Long Term Disablity Ins
01-625 Retirement Employer
01-627 Retirement Employee
01-630 Health Insurance
01-635 Dental Insurance
01-636 Vision Care
01-642 Workers Comp. Insurance
01-645 Social Security
01-647 Medicare
01-650 Unemployment
01-660 Deferred Compensation
01-665 Benefits Allowance
TOTAL PERSONNEL
ADMINISTRATION
01-705 Office Utilities
01-710 Office Supplies
01-711 Postage
01-715 Office Equip Maintenance
01-718 Bank Fee Finance Charge
01-720 Communications
01-725 Reproduction/Printing
01-740 Mtgs/Trvl/Mileage reimb.
01-745 Publications/Memberships
01-755 Professional Services
01-765 Contract Services
01-770 Training
01-775 Miscellaneous
01-885 Horticultural/Arborist Services
01-999 City Mangers Revolving Account
TOTAL ADMINISTRATION
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,091,235 75,493 701,587 (389,649) 64.3%
0 0 0 0 N/A
0 0 0 0 N/A
95,593 6,563 57,499 (38,094) 60.1%
24,824 1,087 12,837 (11,987) 51.7%
135,177 22,448 95,543 (39,633) 70.7%
7,260 587 5,287 (1,973) 72.8%
447 447 447 N/A
8,400 1,400 5,769 (2,631) 68.7%
68,877 4,730 39,979 (28,899) 58.0%
16,143 1,106 10,436 (5,707) 64.6%
336 0 378 42 112.5%
38,586 1,402 15,727 (22,859) 40.8%
20,400 0 9,600 (10,800) 47.1%
1,506,832 115,263 955,089 (551,743) 63.4%
8,800 767 6,598 (2,202) 75.0%
14,580 1,431 26,116 11,536 179.1%
1,500 0 0 (1,500) 0.0%
40,760 1,185 8,330 (32,430) 20.4%
250 0 0 (250) 0.0%
24,300 1,401 25,249 949 103.9%
7,100 675 13,767 6,667 193.9%
19,700 3,150 13,086 (6,614) 66.4%
22,470 850 20,072 (2,398) 89.3%
0 0 0 0 N/A
361,000 25,088 295,892 (65,108) 82.0%
18,700 0 7,734 (10,966) 41.4%
0 180 180 180 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
528,660 34,727 417,022 (111,638) 78.9%
Page: 8 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 19 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
EQUIPMENT/IMPROVEMENTS
01-805 Office
01-810 Field
01-811 Computer, Hard/Software
TOTAL EQUIPMENT / IMPROVEMENTS
BUILDING/IMPROVEMENTS
01-814 Building Acquisition
01-815 Building Improvements
TOTAL EQUIPMENT / IMPROVEMENTS
Notes to Building Improvement (01-815) $725k
01-815 Annex Building Project $600,000
(Budget)
01-815 City Hall Retrofit Parking Lot
$125,000 (Budget)
LAW ENFORCEMENT
03-545 Police Services
01-546 Booking & CAL-ID
03-548 Disburse COPS grant funds
TOTAL LAW ENFORCEMENT
BUILDING MAINTENANCE
01-860 Building & Ground Maint
01-920 Building & Ground Const
TOTAL BUILDING MAINTENANCE
MAINTENANCE
01-845 Pavement Management Program
12-845 Pavement Management Program
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
12-865 Street Sweeping
25-850 Storm Drain Maintenance
TOTAL MAINTENANCE
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
15,000 0 0 (15,000) 0.0%
0 0 0 0 N/A
74,600 2,585 31,653 (42,947) 42.4%
89,600 2,585 31,653 (57,947) 35.3%
0 0 0 N/A
725,000 9,975 24,232 (700,768) 3.3%
725,000 9,975 24,232 (700,768) 3.3%
1,010,604 84,217 673,736 (336,868) 66.7%
0 0 0 0 N/A
100,000 8,333 90,271 (9,729) 90.3%
1,110,604 92,550 764,007 (346,597) 68.8%
30,000 769 34,001 4,001 113.3%
0 0 9,620 9,620 N/A
30,000 769 43,621 13,621 145.4%
310,000 0 400,974 90,974 129.3%
0 0 0 0 N/A
0 11,160 11,160 11,160 N/A
627,000 233 46,059 (580,941) 7.3%
12,000 0 890 (11,110) 7.4%
3,000 191 882 (2,118) 29.4%
11,000 0 5,498 (5,502) 50.0%
12,000 0 16,500 4,500 137.5%
975,000 11,584 481,963 (493,037) 49.4%
Page: 9 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 20 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-905 Traffic Safety Project
05-925 Traffic Safety Misc Bike/Ped Improv
12-915 Gas Tax Road Project
25-910 Storm Drain Project
TOTAL CONSTRUCTION
ENGINEERING
Mapping and Records System
12-875 Congestion Management
25-805 WV Clean Water Administration
TOTAL ENGINEERING
SPECIAL DISTRICTS
40-935 Loma Serena Lighting
50-945 Rose/Andrews Lighting
TOTAL SPECIAL DISTRICTS
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 0 0 0 N/A
0 0 0 0 N/A
0 0 1,810 1,810 N/A
0 536 13,303 13,303 N/A
0 6,845 6,845 6,845 N/A
1,000 0 0 (1,000) 0.0%
1,000 7,381 21,958 20,958 2195.8%
0 0 0 0 N/A
0 0 0 0 N/A
33,272 0 11,247 (22,025) 33.8%
33,272 0 11,247 (22,025) 33.8%
2,040 356 1,242 (798) 60.9%
940 47 373 (567) 39.7%
2,980 403 1,615 (1,365) 54.2%
Page: 10 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 21 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
CITY ATTORNEY
01-425 Retainer
01-427 Litigation
01-430 City Attorney litigation
01-435 Mtg, Trv, Prot.
TOTAL CITY ATTORNEY
CITY AUDIT
01-470 Audit
12-472 Gas Tax Audit
01-480 Misc/Bank charges
TOTAL CITY AUDIT
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
84,550 7,145 53,134 (31,416) 62.8%
165,000 507 6,114 (158,886) 3.7%
0 0 0 0 N/A
0 0 0 0 N/A
249,550 7,652 59,248 (190,302) 23.7%
45,300 14,050 14,750 (30,550) 32.6%
3,000 0 0 (3,000) 0.0%
6,300 413 4,453 (1,847) 70.7%
54,600 14,463 19,203 (35,397) 35.2%
5,763,098 321,781 3,156,665 (2,606,433) 54.8%
(560,813) (1,468) 367,423 928,236 -65.5%
Page: 11 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 22 of 121
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
March 2023
75.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
TOTAL FUND RESERVES
WARRANT CHECKING ACCOUNT
01-010 TOTAL WARRANT CHECKING
SAVINGS ACCOUNT
01-015 General
03-015 Law Enforcement
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
TOTAL SAVINGS
TOTAL DEMAND ACCOUNTS
LAIF GENERAL FUND ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
01-025 Subtotal Unrestricted Reserve
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
40-024 Loma Serena Lighting District
Subtotal Restricted Reserve
TOTAL GENERAL FUND RESERVE
TOTAL ALL FUNDS
FY 2022-23
Adopted Budget
CURRENT MONTH
March 2023
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
Actual Year End
Balances
June 30, 2022
117,450 (9,814) 211,856 94,406 180.4%
83,711 (12,692) 306,069 222,358 365.6%
241,391 8,333 262,048 20,657 108.6%
630 100 32,141 31,511 5103.4%
242,274 13,714 362,244 119,970 149.5%
69,524 0 69,524 0 100.0%
73 0 73 0 100.0%
2,805 308 4,617 1,811 164.6%
39 0 39 0 100.0%
640,447 9,763 1,036,755 396,308 161.9%
757,897 (50) 1,248,610 490,713 164.7%
647,671 0 194,140 (453,531) 30.0%
3,500,000 0 3,500,000 0 100.0%
500,000 0 500,000 0 100.0%
200,000 0 200,000 0 100.0%
0 0 0 0 N/A
4,847,671 0 4,394,140 (453,531) 90.6%
0 0 0 0 N/A
131,506 0 136,752 5,245 104.0%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6,751 0 100.0%
186,300 0 191,545 5,245 102.8%
5,033,970 0 4,585,685 (448,285) 91.1%
5,791,868 (50) 5,834,296 42,428 100.7%
Page: 12 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 03 31 (Final 07-21-2023) Page 23 of 121 1 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 March 2023
75.0% of FY 2022-23 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Revenues $3.5 Million (67.7% of FY 2022-23 Adopted Budget FULL YEAR) - Property Tax $1,766.5 Thousand, 75.9% of FY 2022-23 Adopted Budget FULL YEAR: Received Secured Property Tax 1st Advance ($125.8k) and 2nd Advance ($101.6k).
- Licenses and Permits $566.4 Thousand, 62.0% of FY 2022-23 Adopted Budget FULL YEAR: In March, thirteen new business licenses processed and received $13.8k in construction permits including major projects on Granview Ave ($6k); Via Pinto ($1k) and Bancroft Ave ($1k). - Franchise Fees $255.8 Thousand, 72.8% of FY 2022-23 Adopted Budget FULL YEAR: Received franchise fees from City of Campbell, JPA ($2.5k) and West Valley Collection ($33.6k). - Intergovernmental $152.2 Thousand, 64.4% of FY 2022-23 Adopted Budget FULL YEAR: In March, received FY 2023 COPS ELEAS pass-thru for January 2023 ($8.3k),
- Other Revenues $154.7 Thousand, 55.1% of FY 2022-23 Adopted Budget FULL YEAR: none - Gas Tax $120.0 Thousand, 62.8% of FY 2022-23 Adopted Budget FULL YEAR: Received Gas Tax revenue SB-1 revenue ($6.2k) and Gas Tax ($7.5k).
- Real Property Tax $64.1 Thousand, 44.2% of FY 2022-23 Adopted Budget FULL YEAR: none - Sales and Use Tax $11.4 Thousand, 95.3% of FY 2022-23 Adopted Budget FULL YEAR: Received ($6.1k) sales tax from Board of Equalization.
- Federal Relief Funds and Other $409.9 Thousand, 53.1% of FY 2022-23 Adopted Budget Full Year: Already received $409.9k Corona Virus Fiscal Recovery 2021 Budget Act YTD. - Investment Income/Interest $51.7 Thousand, 461.7% of FY 2022-23 Adopted Budget FULL YEAR: In March 2023, none received.
2 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 March 2023
75.0% of FY 2022-23 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Expenditures $3.2 Million, 54.8% of FY 2022-23 Adopted Budget FULL YEAR - Personnel $955.1 Thousand, 63.4% of FY 2022-23 Adopted Budget FULL YEAR: Slightly below budget with delayed hiring of combined Building Inspector/Enforcement Officer position – Filled December 17, 2022 by Alan Cunningham. City Engineer resigned September 30, 2022 and City Clerk resigned October 14, 2022 and promoted Deputy City Clerk to City Clerk November 2022. No change in FTE (Full-time Equivalent) in March 2023.
- Law Enforcement $764.0 Thousand, 68.8% of FY 2022-23 Adopted Budget FULL YEAR: Paid monthly police services ($84.2k) and disbursement of COPS ELEAS pass-thru Grant ($8.3k). - Construction $22.0 Thousand, 2196% of FY 2022-23 Adopted Budget FULL YEAR: In March, paid Project Management and Staff Augmentation Support ($6.8k)
- General Government $325.8 Thousand, 71.4% of FY 2022-23 Adopted Budget FULL YEAR: In March, paid SMIP Disbursement pass-thru ($7.1k); California Building Standards pass-thru ($2.1k); Dicar Networks Monthly Managed Care Services ($1.3k), and EMC Planning Group Consultants for Housing Element Project ($2.6k) and Animal Control Center quarterly charge ($8.0k).
- Maintenance $482.0 Thousand, 49.4% of FY 2022-23 Adopted Budget FULL YEAR: In March, paid $11.2k to Mello Pipelines Inc. for Withey Road storm clean up.
- Administration $417.0 Thousand, 78.9% of FY 2022-23 Adopted Budget FULL YEAR: Paid contract services for City Engineer Consultant ($12.2k); Building Official Plan Check Consultant ($6.4k) and ePermit development Consultant ($6.5k).
- City Attorney $59.3 Thousand, 23.7% of FY 2022-23 Adopted Budget FULL YEAR: In March, paid $7.1k for City Attorney Services.
- City Audit $19.2 Thousand, 35.2% of FY 2022-23 Adopted Budget FULL YEAR: Paid Maze & Associates $14.1k for work in progress for FY 2022 Audit.
- Equipment / Improvements $31.7 Thousand, 35.3% of FY 2022-23 Adopted Budget FULL YEAR: Paid total of ($2.6) for Microsoft Office / software licenses renewal.
DEMAND ACCOUNT REPORT For the period ending
March 31, 2023
Treasurer's Report - Part 3 of 4
March 31, 2023 February 28, 2023 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $1,248,660.95 ($50.48) $1,248,711.43
Receipts and Interest Earned
Receipts for the period 320,377.87 235,351.84 $85,026.03 In March 2023, received Secured Property Tax 1st Advance ($125.8k) & 2nd Advance ($104.6k); West Valley Collection franchise fee ($33.6k); FY 2022-23 COPS ELEAS Jan 2023 pass-thru ($8.3k); Gas Tax Revenue ($7.5k); SB-1 Revenue ($6.2k); Permit Fee from property on Grandview Ave ($6k); Sales Tax ($5.9k), SB813 Supplemental Property Tax ($4.4k) and Vehicle License Fee ($3.6k).
Investment receipts during the period $0.00
Interest earned $0.00
Total Receipts and Interest Earned $320,377.87 $235,351.84 $85,026.03 Less: Disbursements
Cash disbursements during the period $262,589.29 $281,162.20 ($18,572.91) In March 2023, Police Services ($84.2k); Net Pay to Staff employees ($50.1k); CalPERS Health premium ($22.5k); Maze & Associates parital billing on FY 2022 Audit ($14.1k); Plan Check Consultant ($12.9k); City Engineer Consultant ($12.2k); Mellow Pipelines for Withy Road Storm Clean-up ($11.2k); Gary Kohlsaat Architect ($10k); COPS ELEAS Grant pass-through from October 2022 disbursement ($8.3k); Silicon Valley Animal Control quarterly ($8.0k); Project Management and Staff
Augmentation Support ($6.9k); and City Attorney services ($7.2k).
Invested during the period $0.00
GASB 68 Report & SSA fee $0.00
EFT(PERS retirement) $11,216.33 $10,852.31 $364.02
EFT (payroll taxes) $19,865.58 $19,880.54 ($14.96)
EFT (PERS health) $22,471.09 $13,806.53 $8,664.56 Retroactive CalHealth premium for two staff rejoining CalPERS Plan - two months each ($8.7k).
EFT (EDD payroll taxes) $4,286.06 $4,286.02 $0.04
Bank fees $0.00
Total Disbursements $320,428.35 $329,987.60 ($9,559.25) ENDING BALANCE $1,248,610.47 ($94,686.24) $1,343,296.71
BALANCE IN DEMAND ACCOUNTS
Checking $211,855.74 $221,669.67 ($9,813.93)
Savings $1,036,754.73 $1,026,991.28 $9,763.45
TOTAL DEMAND ACCOUNTS $1,248,610.47 $1,248,660.95 ($50.48)
FUND DISTRIBUTION IN DEMAND ACCOUNTS
General $517,925.08 $540,431.16 ($22,506.08) Refer to detail above for cash disbursements.
Law Enforcement $262,047.76 $253,714.43 $8,333.33 Received FY 2022-23 COPS ELEAS January 2023 ($8.3k) Traffic Safety $32,140.98 $32,040.74 $100.24 Received Bails and Fines - January 2023 ($100) Gas Tax (2107) $362,244.29 $348,530.67 $13,713.62 Received SB-1 Revenue ($6.2k) and Gas Tax Revenue ($7.5k).
Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $4,616.81 $4,308.40 $308.41
Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $1,248,610.47 $1,248,660.95 ($50.48)
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
March 31, 2023
Treasurer's Report - Part 4 of 4
ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits
(OPEB)
01-025 Subtotal Unrestricted Reserves
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
Building Fund
40-024 Loma Serena Ltg.
Subtotal Restricted Reserve
Total General Fund Reserve -
LAIF
2/28/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
3/31/2023 Comments
194,140.10 194,140.10
3,500,000.00 3,500,000.00
500,000.00 500,000.00 No Activity
200,000.00 200,000.00
0.00 0.00
4,394,140.10 0.00 0.00 0.00 4,394,140.10
0.00 0.00
136,751.55 136,751.55
21,000.00 21,000.00 No Activity
27,042.53 27,042.53
0.00 0.00
6,751.00 6,751.00
191,545.08 0.00 0.00 0.00 191,545.08
4,585,685.18 0.00 0.00 0.00 4,585,685.18
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
March 31, 2023
Treasurer's Report - Part 4 of 4
ALL FUNDS REPORT
SAVINGS ACCOUNT #5508
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
Total
WARRANT CHECKING ACCOUNT #2153
01-010 Total
Total All Funds
2/28/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
3/31/2023 Comments
318,761.49 297,922.27 (310,614.42) 306,069.34
In March 2023, received Secured Property Tax 1st Advance ($125.8k) & 2nd Advance ($104.6k); West Valley Collection franchise fee ($33.6k); Permit Fee from property on Grandview Ave ($6k); Sales Tax ($5.9k), SB813 Supplemental Property Tax ($4.4k) and Vehicle License Fee ($3.6k).
253,714.43 8,333.33 262,047.76 Received FY 2022-23 COPS ELEAS Jan 2023 pass-thru ($8.3k) 32,040.74 100.24 32,140.98 Received Bails and Fines - January 2023 ($100) 348,530.67 13,713.62 362,244.29 Received Gas Tax Revenue ($7.5k); SB-1 Revenue ($6.2k) 69,523.86 0.00 69,523.86
72.75 0.00 72.75
4,308.40 308.41 4,616.81 Received Secured Property Tax 1st Advance & 2nd Advance payments ($308).
38.94 38.94
1,026,991.28 320,377.87 (310,614.42) 0.00 1,036,754.73
221,669.67 (320,428.35) 310,614.42 211,855.74
In March 2023, Police Services ($84.2k); Net Pay to Staff employees ($50.1k); CalPERS Health premium ($22.5k); Maze & Associates parital billing on FY 2022 Audit ($14.1k); Plan Check Consultant ($12.9k); City Engineer Consultant ($12.2k); Mellow Pipelines for Withy Road Storm Clean-up ($11.2k); Gary Kohlsaat Architect ($10k); COPS ELEAS Grant pass-through from October 2022 disbursement ($8.3k); Silicon Valley Animal Control quarterly ($8.0k); Project Management and Staff Augmentation Support ($6.9k); and City Attorney services ($7.2k). 5,834,346.13 (50.48) 0.00 0.00 5,834,295.65
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated August 1, 2023 in the Amount $164796.99 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 08 01 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
August 1, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20401 Wells Fargo Bank
Office supplies ($1544); Office phone system ($308) Sage Accounting Software license ($970); Bluebeam software ($720); LTI Language test for City Clerk ($142); Survey Monkey ($468) 4,702.18
01-710
01-711
01-720
01-745
01-770
01-811
01-860
20402 Hector Flores
City Hall - powerwash and cleanup all gutters, parking lot, garbage cleanup from Saratoga Rd. install new beam post on Winchester Rd., paint two walls at City Hall, repair fence, trim outgrowth trees.
3,150.00 01-860
20403 4X Engineering, Inc. Retainer payment for City of Monte Sereno Community Center 2,000.00 01-815 20404 Alamo Landscaping &
Maintenance Landscape maintenance at City Hall 530.00 01-860 20405 Alana Consulting, LLC Building Official Consultant hourly services (07/03/2023 to 07/30/2023) $5808 and e-Permit Development ($5865). 11,672.50 01-765 20406 Apex Asphalt Paving Asphalt removal and installation at Vista and San Benito. 5,600.00 01-845 20407 BMI Imaging Systems Web Hosting 225.00 01-715
20408 California Building
Standards Commision
Quarterly payment to Building Standards Administration Special Revolving Fund (BSASRF) quarter ending June 30, 2023 368.00 01-532 20409 Chrisp Company Refresh stripe and pavement markings on Daves Ave from Winchester 14,995.00 05-870
20410 Cinnamon Energy Refund Busiess License fees paid twice. 63.68 01-232 20411 City of Campbell -
Finance Department
West Valley Solid Waste Management 1st Quarter FY 2024
charge. 7,023.93 01-522
20412 CLEAR GOV INC. Capital Budget Suite and Operational Budget Suite bundle package 11,602.50 01-811
20413 COMCAST Internet service for City Hall 106.67 01-720 20414 Corodata Records
Management, Inc
Standard record storage carton, 3" blueprint tube carton and plan cartons. 116.49 01-710
20415 Corodata Shredding Inc. Container rental fee 10.00 01-522 20416 Cotton, Shires &
Associates
18792 Withey Road - pear review plans and report, complete site recnnaissance, review maps and aerial photos and prepare peer review letter.
3,585.00 01-765
20417 County of Marin/CALSLA
Annual membership dues to California City-County Street Light Association (CALSLA). 315.00 01-745
20418 Crystal Springs Water Co Bottled drinking water service for City Hall. 44.75 01-710 1 of 3 Page 30 of 121
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
August 1, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20419 CSG Consultants, Inc
Project Management and Staff Augmentation Support ($4348)- April 2023; same through June 2023 ($43383) and Engineering Services through June 2023 ($7145).
54,875.00 01-765
20420 Delta Dental of California Dental insurance premiums 704.94 01-635 20421 Department of
Conservation
Pass-thru fees paid for Strong Motion Instrumentation and Seismic Hazard Mapping Fee. 1,269.00 01-531
20422 EMC Planning Group,
Inc. Housing Element Project consultants. 9,894.61 01-535 20423 Folger Graphics June 2023 Mid-Year Newsletter Special Edition ($1587) and Picnic postcard mailers ($1077). 2,664.83 01-725
20424 Frontier Communications Dedicated landline for two months. 131.99 01-720 20425 Hanna-Brunetti Topographic survey at 18041 Saratoga-Los Gatos Road. 4,500.00 01-815 20426 Hillview Design Print
Media Business cards and building permit forms. 488.38 01-725 20427 Local Agency Formation
Commission
Local Agency Formation Commission Share of Costs FY 2023- 24 with 15 cities, the County and 17 independent special districts.
212.64 01-745
20428 Liebert Cassidy Whitmore Negotiation services 1,020.00 01-427 20429 Logan & Powell, LLP Padgett case 385.00 01-427
20430 Maze & Associates FY 2022 Audit Fees balance due. 14,050.00 01-470 20431 Pacific Gas & Electric City Hall utilities-electricity services. 850.03 01-705 20432 Reynold Samoranos Reimbursement for payment of Annual Bulk Mailing permit #7009 for the City of Monte Sereno. 310.00 01-710
20433 RICOH USA, INC. Office copier rental fee for two months. 960.46 01-715 20434 RICOH USA, INC. Copier printing cost for B/W and coler copies. 479.42 01-725 20435 Ridley Master Joseph Padgett case 164.50 01-427
2 of 3 Page 31 of 121
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
August 1, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20436 State Compensation Ins
Fund Workers' Compensation insurance premium 792.11 01-642 20437 Sweeping Corp of
America Residential street sweeping services 1,832.80 12-865 20438 Titanium Fence Inc. Staighten gate frame, add cane bolts on both sides of double gate, raise them up adjust properly on iron gate. 1,200.00 05-870 20439 TL Engineering Update design plans for project 23-010. 1,495.00 01-905 20440 Twinkie Dee Star Deposit for face painting and balloons entertainment at 2023 Annual Picnic 182.00 01-507
20441 Vision Service Plan (CA) Vision care insurance premium 223.58 01-635 TOTAL WARRANT LIST $164,796.99
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.
3 of 3 Page 32 of 121
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consideration to Approve and Authorize the City Manager to Execute a Contract with Metropolitan Planning Group (M-Group) for Staff Support of the Housing Element Preparation and Implementation of Programs Not to Exceed $50,000.
Recommendation(s):
Staff recommends that City Council approve and authorize the City Manager to execute Contract with Metropolitan Planning Group (M-Group) for staff support of the Housing Element preparation and implementation of programs not to exceed $50,000.
Background Information:
The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law.
The city has recently submitted the third revised draft Housing Element to HCD for their review. M-Group provided support to staff on these revisions under the City Manger’s authority to approve consultant agreements up to $15,000. M-Group has extensive experience in working with other local jurisdictions on the current Housing Element updated, including one that has received certification from HCD.
This agreement will provide additional support to staff for the completion of the revised Housing Element and for any future on-going support needed to implement the required programs in the Housing Element. These support services are available on an as-needed basis if additional staff support is necessary.
Fiscal Impact:
Funding for the updated Housing Element is included in the FY 2023-2024 budget. Staff anticipates that the current budget will be sufficient to cover the scope of work for this agreement. If any additional budget allocation is needed to support the on-going activities
required for implementation of the Housing Element, that will be requested in the FY 24/25 budget for Council’s consideration.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
1. Consultant Agreement M-Group
1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (“Agreement”) is made and entered into as of ____________ by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as “City”, and Metropolitan Planning Group (M-Group), a California 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 outlined in the Scope of Work attached hereto and incorporated herein as Exhibit A.
Consultant’s work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance.
2. Responsible Personnel: City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Primary personnel responsible for Consultant’s completion of the work described in this Agreement shall be Geoff Bradley, AICP.
3. Scope of Work: Consultant shall perform the services as specified in Exhibit A in a professional manner. Optional tasks listed shall not be performed by Consultant unless separately requested and prior authorization is provided in writing by the City Manager. Proceeding with such additional work without express authorization, or undertaking any other work not listed in Exhibit A, shall be at Consultant’s sole risk. 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 this Agreement is amended or terminated.
5. Compensation: Compensation shall be made for services performed as set forth in Section 3, but not to exceed $50,000. Periodic payments to Consultant shall be made upon
2 submittal of invoices by Consultant to City for review and approval by the City Manager or his designee. Invoices will be paid by City within a reasonable time after the invoices are received and approved. For purposes of this Agreement, a 30-day period shall be deemed a reasonable period.
6. Insurance: Consultant agrees to have and maintain, for the duration of the Agreement, the following minimum insurance requirements. Prior to the execution of the Agreement, Consultant shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a 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:
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).
3 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 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
4 and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant.
In the event of termination, Consultant shall deliver as a condition to the payment of the compensation provided for above, or otherwise make available to City, all research data, reports, estimates, summaries, and other such information and materials as may have been accumulated by Consultant in performing this Agreement, whether completed or in process in accordance with Section 9 of this Agreement.
9. Documents: Notes, studies, chain, computations, electronic files, and other data and information obtained by Consultant for this project shall, upon receipt of payment for services rendered, be made available to City by Consultant at City's request and shall become the property of City. In the event City alters the document, City agrees Consultant shall have no responsibility whatsoever for any claim arising out of, or alleged to have risen out of, use of the altered document,
All plans, studies, documents, charts, computations, and electronic files prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.
10. Independent Contractor: Consultant is an independent contractor retained by City to perform the work described herein. All personnel employed by Consultant are not and shall not be deemed to be employees of City. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to such rights. Consultant shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of 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.
5 12. Assignment: The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such contractor other than as otherwise required by law.
13. Binding on Successors: This Agreement is binding on the heirs, successors and assigns of the parties hereto.
14. Amendment: This Agreement may be amended, modified or changed by the parties, provided that said amendment, modification or change is in writing and approved by the authorized representative of the parties.
15. Applicable Law and Attorney's Fees: This Agreement shall be construed and enforced in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Santa Clara. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision of the Agreement, the prevailing party of such action shall be entitled to recover its reasonable litigation expenses, including attorney fees.
16. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. All provisions of this Agreement are expressly made conditions. For all purposes this Agreement shall be deemed to have been drafted jointly by all parties.
17. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.
18. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
19. Equal Employment Opportunity. Consultant is, and warrants to the City that they shall be during the term of the Agreement, an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action
6 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.
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 Monte Sereno 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 _______________, 2023, at Monte Sereno, California.
CONSULTANT: CITY OF MONTE SERENO:
7 ___________________________ ____________________________ By: Geoff Bradley, AICP Steve Leonardis, City Manager
Metropolitan Planning Group
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Kirsten Powell, City Attorney Gloisy Gonzalez-Langarica, City Clerk
8 EXHIBIT “A”
SCOPE OF WORK AND RATE SHEET
a new design on urban planning
policy planning urban design environmental review historic preservation community engagement staffing solutions m-group.us 51 E Campbell Avenue #1247, Campbell, CA 95009 408.340.5642 7/20/2023
Diana Perkins, City Planner
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
RE: City of Monte Sereno – Housing Element Update Review Dear Ms. Perkins,
M-Group is pleased to provide a detailed scope of work in response to Monte Sereno’s request for a proposal to help achieve substantial regulatory compliance for its Housing Element Update for the 2023-2031 planning period.
The scope is comprised of four components:
• Task 1 – Staff Collaboration and Project Management
• Task 2 – Revisions to the Prior Draft Housing Element • Task 3 – HCD Iterative Collaboration
• Task 4 – Housing Element Implementation
STAFF COLLABORATION
M-Group will communicate with City staff via telephone, video conferencing, and email throughout the project to ensure objectives and milestones are met in a timely manner.
M-Group and City staff will maintain an online file transfer folder on a prior agreed-to cloudbased file-sharing platform for all project materials, which will be accessible to City staff and consultants.
Deliverable(s): N/A
REVISIONS TO THE PRIOR DRAFT HOUSING ELEMENT
M-Group will update the January 2023 Housing Element after conducting an in-depth review and responding in the City’s proprietary response-tracking spreadsheet. M-Group shall work with the City to ensure the document contains necessary program updates and other
m-group.us 51 E Campbell Ave. #1247, Campbell, CA 95009 408.340.5642 detailed analyses required to achieve substantial compliance with HCD’s applicable laws.
These changes will address the unique needs of the City, using the HCD’s prior given feedback as an anchor for review.
In this Task, M-Group will collaborate with City staff to address any data, analysis, and resource needs in order to meet substantial compliance.
Deliverable(s):
• One (1) electronic (.docx) copy of a draft Revised Housing Element • A complete response to the tasks noted in the City’s proprietary response-tracking spreadsheet
HCD ITERATIVE COLLABORATION
M-Group will coordinate and collaborate with the California Department of Housing and Community Development (HCD) for the duration of the project to ensure the Housing Element meets substantial compliance according to the state agency.
Deliverable(s): N/A
HOUSING ELEMENT IMPLEMENTATION
M-Group will assist the Town on certain programs in the adopted, certified, final Housing element over the 8-year planning period. M-Group will work with Town staff to identify programs for which the firm’s assistance will be crucial, and work collaboratively to ensure program implementation occurs according to the timeline offered in the Housing Element.
Deliverable(s): N/A
The core M-Group team for this project are:
• Geoff I. Bradley, AICP
• Asher Kohn, AICP
For the purposes of this proposal, Geoff I. Bradley is the Principal-in-Charge with Asher Kohn as the Project Manager and primary point of contact. M-Group is partnering with Karen Warner & Associates, a housing element specialist, who will assist with achieving HCD certification.
This proposal is valid for 30 days from the date of its submittal. If you have any questions or would like to discuss any aspect of our proposal, please do not hesitate to contact us.
m-group.us 51 E Campbell Ave. #1247, Campbell, CA 95009 408.340.5642 Sincerely,
GEOFF I. BRADLEY, AICP ASHER KOHN, AICP
Principal + President Senior Planner + Primary Point of Contact [email protected] [email protected]
408.340.5642 ext. 102 510.473.3085 ext. 305
ATTACHED: M-Group 2023-2024 Rate Sheet
M-G R O U P |
* Hourly rates are subject to annual adjustment on January 1st. * M-Group adds a 10% administration fee to Sub-consultant rates.
M-GROUP STAFF HOURLY RATE
2023 2024
Admin Analyst
Planning Tech $90 $95
Assistant Planner
Assistant Urban Designer $110 $115
Social Media Coordinator
$140 $145
Associate Planner
Associate Urban Designer
GIS Services
Environmental Planner
Historic Preservation Specialist $155 $160
Public Art Specialist
Senior Planner
Senior Urban Designer
$165 $175
Senior Environmental Planner
Project Manager
Principal Planner
Principal Environmental Planner
Principal Policy Planner
Director of Urban Design
$185 $195
Principal $265-$285 $280-$300
M-G R O U P |
* Hourly rates are subject to annual adjustment on January 1st. * M-Group adds a 10% administration fee to Sub-consultant rates.
M-GROUP STAFF HOURLY RATE
2023 2024
Admin Analyst
Planning Tech $90 $95
Assistant Planner
Assistant Urban Designer $110 $115
Social Media Coordinator
$140 $145
Associate Planner
Associate Urban Designer
GIS Services
Environmental Planner
Historic Preservation Specialist $155 $160
Public Art Specialist
Senior Planner
Senior Urban Designer
$165 $175
Senior Environmental Planner
Project Manager
Principal Planner
Principal Environmental Planner
Principal Policy Planner
Director of Urban Design
$185 $195
Principal $265-$285 $280-$300
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Daryl Jordan, City Engineer
Department: City Engineer
Title: Award of contract to O’Grady Paving, Inc. for the Fiscal Year 2023-24 Pavement Improvement Project in Total Amount Not to Exceed $394,365 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
Recommendation(s):
Staff recommends the City Council:
1. Adopt a resolution accepting the lowest responsive and responsible bid for the Fiscal Year 2023-2024 Pavement Management Program and determining project exempt from CEQA; and
2. Authorize the City Manager to award the construction contract to the lowest responsive and responsible bidder after receipt of the required contract documents, execute contract documents, and approve potential contract changes in aggregate amount not exceeding 10% of the contract award amount.
Background Information:
The 2023 Annual Pavement Improvement Project was prepared consistent with City policy and practice including:
1. City policy adopted in 2022 established a target expenditure of $310,000 each year, adjusted for inflation, for the upkeep of City roadways.
2. Potential street improvements were identified from the 2022 Pavement Assessment Report. Initially, streets with the lowest pavement condition index (PCI) were selected as candidates.
3. Candidate streets were then evaluated for inclusion in the 2023 pavement improvement project based upon actual current condition, traffic volumes, and the potential for continued deterioration. Constitution Avenue east of Seebree Lane was determined to be the primary candidate due to significant pavement damage incurred during the 2022- 2023 Winter. The second candidate street was Greenwood Road south of Greenwood Lane due to pavement deterioration.
4. Due to budget limitations, the Greenwood Road work was divided into two “added alternate” bids to be awarded if funding was available: reconstruction of the nonstandard cul-de-sac, and a rubberized cape seal from Greenwood Lane to the culde-sac area.
5. A report was provided to the Better Streets Commission BSC) discussing the above process and proposal. BSC supported the staff recommendation.
6. $331,700 was included in the 2023-2024 City budget and approved by the City Council on June 20, 2023.
7. Final plans and bid-contract documents were prepared during the late Spring and the project was advertised on July 14, 2023, and bids opened on July 25, 2023.
The 2023 Annual Pavement Improvement Project consists of various forms of pavement maintenance applications on several public streets (See Table 1).Depending upon the existing condition of the street and any special circumstances, the project includes grinding existing pavement, construction of concrete curb and gutter, construction of asphalt pavement, adjusting utility boxes, and manholes, installing monument boxes, traffic control and installation of pavement markings and striping.
To provide flexibility in dealing with funding constraints, the bid schedule was divided into a base bid and two bid alternates. For award, the determination of lowest bid is based upon the Base Bid alone. Council may award the Base Bid only, or may award the Total Base Bid plus a combination of any or all of Bid Alternates A and/or B. The Engineer’s estimate is:
Table 1. List of Streets for 2023 PMP
STREET ENGINEERS ESTIMATE PCI
BASE BID
CONSTITUTION AVENUE $229,100 46*
ADDED ALTERNATE A
GREENWOOD ROAD – CUL DE
SAC $46,600 42
ADDED ALTERNATE B
GREENWOOD ROAD – LANE TO
CUL DE SAC $51,300 42
TOTAL $327,000
*The PCI rating from 2022 analysis was 46. Damage to Constitution during the 2022-23 Winter significantly damaged pavement east of Seebree Lane, further reducing the PCI rating.
The construction bid documents require that the time for construction completion is 90 calendar days following approval of the contract agreement and the date specified in the City’s Notice to Proceed.
Analysis:
City staff invited sealed bidding in accordance with requirements under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). On July 14, 2023, staff advertised the project in the Los Gatos Weekly Times. Notice of Inviting bids was also sent directly to ten potential bidders and to four builders exchanges with a bid opening date of July 25, 2023. The city received three sealed bids at the scheduled bid opening on July 25, 2023. A summary of the base bid results is shown below:
Table 2. Base Bid Summary
Rank Contractor Base Bid Total
1 O’Grady Paving, Inc. $ 334,515.00
2 Radius Earthwork, Inc. $ 389,254.25
3 McKim Corporation $ 397,550.88
Staff checked the accuracy of all bids and determined that the lowest responsive and responsible Base Bid was submitted by O’Grady Paving, Inc. who also submitted the lowest bid for Added Alternative B in an amount of $59,850.
The Base Bid provides reconstruction of Constitution Avenue east of Seebree Lane due to serious pavement failure and erosion along the lateral edges of the roadway, worsened by last year’s hard Winter. In addition to these condition issues, recent construction of curb and gutter along the frontage of 18165 Constitution as required by conditions of approval for a new home has evoked neighborhood support for curb & gutter in this area.
Added Alternative B was designed for Greenwood Road to address significant pavement failure from Greenwood Lane to the cul-de-sac and the relatively light traffic volume. Rubberized asphalt cape seal has been shown to be cost effective and provides a suitably smooth final surface for this residential area. While the low PCI for this segment of the road (42) alone warrants treatment, heavy rains this upcoming Winter could accelerate failure of the fractured pavement and require full pavement replacement, a process costing more than two times as much. By installing the rubberized cape seal now, the PCI will be raised to 90 with an anticipated design life of at least ten years. O’Grady Paving’s bid for Added Alternate B was the low bid for this work as follows.
Table 3. Bid Results for Added Alternates
Bidder Added Alternate A Added Alternate B
O’ Grady Paving $107,870 $59,850
Radius Earthwork $73,270 $109,130
McKim Construction $106,949 $151,020
Staff recommends the City Council accept the O’Grady Paving, Inc. Base Bid and its Added Alternate B bid and authorize the City Manager to award the construction contract with O’Grady Paving, Inc., execute the contract after receipt of the required contract documents, and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount.
California Environmental Quality Act:
Based on the scope of work, staff have determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 for repair and maintenance of existing streets, sidewalks, gutters, and similar facilities, as the project involves negligible or no expansion of existing or former use, and none of the exceptions to the use of a categorical exception as set forth in CEQA Guidelines section 15300.2 apply to this project.
Fiscal Impact:
The City Council-approved budget for Fiscal Year 2023-2024 includes $331,700 for this project.
The recommended construction contract award for the Base Bid is $334,515. If Added Alternate B in the amount of $59,850, is also awarded, the total project contract amount would be $394,365. Adding a 10% contingency of $39,437 increases the total amount to $433,802.
Thus, in order to fund the recommended work, Council would need to approve an additional expenditure of $102,102 from reserves for this year’s Budget.
Staff recommends funding the remainder of this project with General Fund reserves.
Alternatives:
Alternate actions the Council may wish to consider include:
1. Awarding a construction contract for the Base Bid only in the amount $334,515 and approve a construction contingency not exceeding 10% of the contract award amount, for a total of $367,967; requiring $36,267.00 from reserves.
2. Awarding a construction contract for the Base Bid and Added Alternate B in the amount $394,365 and a construction contingency not exceeding 10% of the contract award amount, for a total of $433,802; requiring $102,102 from reserves. (Staff Recommendation)
3. Awarding a construction contract for the Base Bid and Added Alternates A and B in the amount $502,235 and a construction contingency not exceeding 10% of the contract award amount, for a total of $552,459; requiring $220,759 from reserves.
4. Rejecting all bids and rebid the project.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Drafted Resolution
Exhibit A - Public Works Agreement
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE MONTE SERENO CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO AWARD THE CONSTRUCTION CONTRACT TO THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, O’GRADY PAVING, INC.
FOR THE 2023 PAVEMENT IMPROVEMENT PROJECT AND DETERMINING THE
PROJECT EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15301
WHEREAS, consistent with the Public Contract Code, an invitation for bids for the 2023 Pavement Improvement Project (the “Project”) was posted and published on July 14, 2023; and WHEREAS, the City received three sealed bids for the Project and staff reviewed the bids and determined that the lowest responsive and responsible base bid was submitted by O’Grady Paving of Mountain View, California, in the total amount of $334,515.00; and WHEREAS, the plans and specifications for the Project were approved by the City Engineer; and
WHEREAS, the staff recommends the City Council accept the bids received and authorize the City Manager to award the construction contract to the lowest responsible bidder for the Base Bid and Alternative B in the amount of $394,365, and further authorizes the City Manager to execute its related contract documents and including a construction contingency not to exceed 10% of the contract award amount; and directs the Finance Director to make appropriations of an additional $102,102 from General Fund (01-015).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno as follows:
1. The above recitals are true and correct and material to this Resolution. In making its findings, the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports, and all other related materials.
2. The City Council determines that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and that none of the exceptions in CEQA Guidelines Section 15300.2 apply, as this project consists of repair of existing public streets, with negligible or no expansion of existing use.
3. The plans and specifications for the Project on file with the City Clerk, are hereby approved and adopted.
4. In accordance with California Public Contract Code Section and any other applicable laws, the City Council of the City of Monte Sereno hereby finds the bid of $334,515 for the Project to be the lowest, responsive and responsible bid and waives any irregularities in such bid in accordance with applicable law.
5. The City Manager is hereby authorized and directed to execute the contract with O’Grady Paving, Inc. in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of $394,365 for construction of the Project in accordance with the bid documents and applicable law upon submission by O’Grady Paving, Inc. of all bonds and related documents required pursuant to the Project bid
documents.
6. The City Manager is hereby authorized to execute change orders in an amount not to exceed 10 % of the base bid, or $39,347.
7. City staff is hereby directed to issue a Notice of Award to O’Grady Paving, Inc. for this project.
I hereby certify that the foregoing is full, true, and correct copy of a Resolution duly passed and adopted by the City Council of the City of Monte Sereno, Santa Clara County, California, at a meeting thereof held on the 1st day of August, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Brian Mekechuk, Mayor
ATTEST:
__________________________________________
Gloisy Gonzalez-Langarica, City Clerk
EXHIBIT A
O'Grady Paving, Inc. General Engineering
August 1
394,365.00
O'Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
Attn: Craig E. Young, Vice President
650-966-1926
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges
Recommendation(s):
Consider objections to the 2023 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing collection of the assessment charges.
Background Information:
On December 20, 2022, the City of Monte Sereno Council passed Resolution 2022-3871 declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting February 21, 2023 as a public hearing date for the annual program. The County mailed property owners a notice of the February 21, 2023 Public Hearing for the Monte Sereno jurisdiction along with guidelines on the Monte Sereno Weed Abatement Program. Since that time the Cit has now completed the actual abatement on those properties that did not comply with the order to abate the nuisance. A report has been prepared summarizing the work completed and the costs incurred.
Now that the work has been completed, pursuant to Monte Sereno Municipal Code section
8.02.110, the City Council needs to consider the report, hear any objections raised by the affected property owners and accept the report. The affected property owners have the right to raise objections and the City Council may modify the proposed assessments if it deems it reasonable and necessary, after which time the report and assessment list shall be confirmed.
If confirmed, the amount of the cost of abating the nuisance on the lots in the report shall constitute special assessments against the respective lots and shall be a lien against such property until paid.
Analysis:
The 2023 Weed Abatement Assessment Report list includes assessment charges for the annual compliance inspection fee of $92, and any additional inspection, administrative, and abatement fees. The attached resolution affirms these costs and acknowledges the costs will be assessed by the County Tax Collector against the respective properties.
The City of Monte Sereno mailed property owners a notice of the August 1, 2023 Public Hearing, including detailed information on the assessment charges and contact information for potential questions pertaining to the assessments. This public hearing is an opportunity to allow property owners who are on the assessment report to object to the assessment.
Alternatives:
An alternative would be to modify the proposed assessments if deemed reasonable and necessary.
Conclusion:
Staff recommends that the Council conduct a public hearing to consider objections to the 2023 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing collection of the assessment charges.
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 Weed Abatement Program Assessment Report
Drafted Resolution
Resolution No. 22-3871 Declaring Hazardous Weeds a Public Nuisance County Letter to Property Owners
City Letter to Property Owners (July).docx
TRA
2023 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF MONTE SERENO
Situs APN OWNER ADDRESS
TAX ROLL
AMT
Exhibit A
1 15301 Robin Anne 409-41-026 Mehrany, Anahita Trustee & Et Al 15301 Robin Anne Ln MONTE SERENO 95030-2236 $92.00 16003 2 16215 Seaborn 410-20-047 Highway 9 Ventures Llc 111 Market St N #300 SAN JOSE 95113 $611.00 16002 3 16219 Seaborn 410-20-048 Highway 9 Ventures Llc 111 Market St N #300 SAN JOSE 95113 $92.00 16002 4 16221 Seaborn 410-20-049 Highway 9 Ventures Llc 111 Market St N #300 SAN JOSE 95113 $92.00 16002 5 0 Becky 410-42-013 Wong, Gilbert Trustee P O Box 700005 SAN JOSE 95170 $92.00 16001 6 15136 Via Lomita 410-43-018 Khan, Zulki Trustee & Et Al 15136 Via Lomita MONTE SERENO 95030-2138 $92.00 16001 7 15890 Matilija 510-07-038 Miller, Ronald J And Joan T Trustee 15890 Matilija Dr MONTE SERENO 95030-3073 $92.00 16004 8 16005 Greenwood 510-10-041 26455 St Francis Llc 18640 Sutter Bl Ste 100 MORGAN HILL 95037-0000 $92.00 16004 9 18240 Bancroft 510-12-002 Massih, Maliheh 17260 Nalor Ct LOS GATOS 95032-0000 $92.00 16005 10 16301 Ridgecrest 510-21-036 Farzanfar, Samad Trustee & Et Al 14302 Crystal Tr RIVERSIDE 92508 $92.00 16005 11 16363 Ridgecrest 510-21-069 Banda, Sumanth And Reddy, Pavani 2212 Coronet Dr SAN JOSE 95124-6003 $92.00 16005 TOTAL $1,531.00
Report Date: 7/20/2023 (List Sorted by APN) Page 1 Page 82 of 121 RESOLUTION NO. 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
CONFIRMING A WEED ABATEMENT REPORT AND ASSESSMENT LIST FILED BY
THE COUNTY FIRE MARSHAL AND REMANDING SAME TO SAID FIRE
MARSHAL TO BE ENTERED ON THE TAX ASSESSMENT ROLL
WHEREAS, the County Fire Marshal filed a Report and Weed Abatement Assessment List with the City Clerk on July 11, 2023 in conformance with Chapter 2 of Title 8, entitled “Public Works”, of the Monte Sereno Municipal Code; and WHEREAS, a hearing was held on said Report and Assessment List on August 1, 2023, which hearing concluded,
NOW, THEREFORE, BE IT ORDERED AND DETERMINED by the City Council of the City of Monte Sereno as follows:
1. That the Report and Assessment List of said County Fire Marshal is hereby confirmed.
2. That the Assessment List is hereby remanded to said County Fire Marshal to be entered on the Tax Assessment Roll as provided by Chapter 2 of Title 8 of the Monte Sereno Municipal Code.
REGULARLY PASSED AND ADOPTED by the CITY COUNCIL of the CITY OF MONTE SERENO this 1st day of August, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT: APPROVED:
By: Bryan Mekechuk, Mayor
ATTEST:
By
Gloisy Gonzalez-Langarica, City Clerk
DocuSign Envelope ID: 0E8C3F2D-FE15-4EA8-9734-5FD884424E89 RESOLUTION NO. 22-3871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO DECLARING NOXIOUSAND
DANGEROUS WEEDS AND RUBBISH, REFUSE, AND DIRT TO BE A PUBLIC NUISANCE WHEREAS, certain weeds, dirt, rubbish, and other hazardous material are growing, located, or existing upon private property or properties, and in sidewalks, streets, or alleys within the City of Monte Sereno, more specifically identified by address or parcel set forth in Exhibit A, hereby incorporated into this resolution; and
WHEREAS, said weeds are of a kind which, when mature, bear wingy or downy seeds and which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and which weeds are seasonal and recurrent nuisances; and WHEREAS, said weeds, dirt, rubbish and other hazardous material constitutes a public nuisance and require the abatement thereof as provided by law; and WHEREAS, in accordance with Government Code sections 39501 and 39502, Monte Sereno Municipal Code Chapter 8.02 sets forth the process and the authority for the abatement of weeds within the City of Monte Sereno and for the assessment of the costs of removal by lien.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Monte Sereno, as follows:
1. That the weeds, dirt, rubbish, and other hazardous material constitute a public nuisance and that the said public nuisance should be abated in the manner provided inChapter 8.02 “Weed Abatement” of the Monte Sereno Municipal Code.
2. In accordance with Monte Sereno Municipal Code Section 8.02.050, the nuisances identified in this resolution must be abated by the property owner within thirty (30) days after the adoption of this resolution, or within such other time as may be established by written agreement with the Fire Marshal or City Engineer. If not abated within such time as set forth herein, the City of Monte Sereno shall cause such nuisance to be abated, and the expense of such abatement assessed upon the property requiring weed removal.
3. After passage of this resolution, the City Clerk shall mail notice to the affected property owners as soon as practicable and cause notice of its passage to be conspicuously posted in three (3) prominent places in the City of Monte Sereno at least ten days prior to the time fixedby the City Council for hearing objections, and which notice shall be in form prescribed inSection
8.02.060 of the Monte Sereno Municipal Code.
4. The City Council shall hear and consider all objections to the proposed destruction or removal of weeds, dirt, rubbish, or other hazardous material at a public hearing to be held virtually and in person at 7:00 p.m. on the 21st day of February 2023 via the Zoom application and in the Council Chambers, City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California. By motion or resolution at the conclusion of said hearing, the City Council shall either allow or overrule any objections.
DocuSign Envelope ID: 0E8C3F2D-FE15-4EA8-9734-5FD884424E89 APPROVED:
Bryan Mekechuk, Mayor
5. If objections have not been made, or after the City Council has disposed of those objections made, the City Council shall order by resolution that the City Manager or the City Engineer, or their designated representatives, abate any nuisance caused by weeds that have not yet been abated by the property owner, and that the expense of abatement be assessed uponthe property requiring such abatement.
REGULAR ADOPTED AND PASSED this 20 day of December 2022, by the following roll call vote:
AYES: CRAIG, ELLAHIE, TURNER, WOLSHEIMER AND MEKECHUK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
(over)
TRA 16
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 20, 2022, pursuant to the provisions of the Monte Sereno City Municipal Code Section 8-2.05, the City Council passed a resolution declaring that all weeds, dirt, rubbish and other hazardous material growing, located or existing upon any private property or in any street, sidewalk or alley constitute public nuisance, which nuisance must be abated by the destruction or removal thereof, otherwise they will be removed and the nuisance abated by the City and the cost of the removal shall be assessed upon the lots and lands from which, or from the front or rear of which, such weeds, dirt, rubbish or other hazardous material shall have been removed and such cost will constitute a lien upon such land until paid.
All property owners having any objections to the proposed destruction or removal of such weeds, dirt, rubbish or other hazardous material are hereby notified to attend a meeting of the City Council of the City of Monte Sereno at 18041 Saratoga-Los Gatos Rd., Monte Sereno, California, to be held on Tuesday, February 21, 2023, at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.
The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.
(over)
MONTE SERENO WEED ABATEMENT PROGRAM SCHEDULE
February 21, 2023 Public hearing to consider objections to Abatement List.
April 15, 2023 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.
July/August, 2023 Assessment Hearing date to be scheduled by City Council.
2023 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $92.00 per parcel.
Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $519.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.
Should the abatement work be performed by a county contractor, you will be assessed the contractor’s charges plus a County administrative fee of $891.00 per parcel. 2023 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $412.39 $165.79 $578.18
12,501sq.ft.- 43,560sq.ft. $412.39 $165.79 $578.18
Larger than 1 Acre $299.56 $146.30 $445.86 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.
B) HANDWORK $5.57 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.11 PER 1,000 SF
MOWING 12 Foot Mower $7.11 PER 1,000 SF
D) LOADER WORK $170.40 PER HOUR
E) DUMP TRUCK $157.29 PER HOUR
F) BRUSH WORK $5.32 PER 100 SF
G) DEBRIS REMOVAL $58.52 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.
Sample
MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program
1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]
1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.
2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.
3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.
4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.
5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.
6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.
7. Keep vegetation cleared from under the eaves of houses.
8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.
9. Clear leaves, pine needles and debris from roof and gutters.
The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.
Trees:
African Sumac
California Pepper
Shrubs:
Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:
Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)
The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.
The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.
This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.
Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.
Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.
Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.
Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.
Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.
Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.
Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.
More FAQ:
Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.
Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.
Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.
Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.
Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.
You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.
Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.
Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.
July 21, 2023
RE: NOTICE OF PUBLIC HEARING ON AUGUST 1, 2023, AT 7:00 P.M. TO CONSIDER THE 2023
WEED ABATEMENT PROGRAM ASSESSMENT REPORT AND ADOPT A RESOLUTION
CONFIRMING THE REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT CHARGES You are receiving this letter because you own a parcel that is included in the 2023 Weed Abatement program. On December 20, 202, the City of Monte Sereno Council authorized the initiation of the annual Weed Abatement program.
The Monte Sereno City Council has scheduled a public hearing on August 1, 2023, to consider the 2023 Weed Abatement Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges.
The attached Assessment Report reflects the charges that will be assessed on your tax roll.
A copy of the letter you received in December 2022 describing the charges is attached for your reference.
If you have questions about the program or proposed charges, we encourage you to contact the Santa Clara County Weed Abatement Department PRIOR to the public hearing at 408-282-3145. By contacting the County (who manages the program for the City of Monte Sereno), you will be able to discuss any concerns you may have, with the intent of achieving resolution prior to the public hearing procedure.
All INTERESTED PERSONS are encouraged to appear at the Public Hearing and be heard. If anyone wishes to challenge the action on the above application, they may be limited to raising only those issues they or anyone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing.
Sincerely,
Gloisy Gonzalez-Langarica, City Clerk
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org
DocuSign Envelope ID: BE156DDA-020D-4FA8-B3AB-775534C9E063
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Housing Element Update – Discuss Sites to Consider for SB10 Rezoning for Multifamily Housing
Recommendation(s):
Staff recommends that the City Council discuss sites to consider for SB10 rezoning allow for multifamily housing and provide direction to staff.
Analysis:
The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law. Monte Sereno’s current Housing Element was adopted on January 31, 2023, however, HCD provided comments on March 31, 2023 finding that further revisions were required to the adopted Housing Element in order to reach substantial compliance with Housing Element law.
Requirement to Zone for Multifamily Rental Housing
Government Code sections 65583 and 65583.2 require that Housing Elements provide for a variety of housing types including multifamily rental housing, factory-built housing, mobile homes, supportive housing, single-room occupancy units, emergency shelters and transitional housing. Specific to multifamily rental housing, Government Code section 66583(c)(1) states the following:
“Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.” As noted on HCD’s web page, Zoning for a Variety of Housing Types (https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks/zoning-variety-of-housing-types), the housing element must identify sites with zoning and development standards that will allow and encourage multifamily rental housing opportunities. The analysis should identify zoning that permit multifamily rental development and evaluate whether development standards and permit procedures encourage multifamily opportunities.
Draft Housing Element Program
The third version of the 2023-2031 Housing Element was submitted to HCD for their review on July 25, 2023. In considering the previous comments provided by HCD, the City Council has committed to rezoning a minimum of two sites to multifamily zoning. In accordance with State Housing Element law, such rezoning needs to be completed by January 31, 2024.
At the June 20, 2023 City Council meeting, the Council directed staff suggest properties for consideration of potential rezoning to allow for multifamily housing. Council also stated a preference for sites along Winchester Boulevard as the location seems appropriate for multifamily housing.
The City Council also directed staff to consider rezoning using the SB10 law.
SB10 – California Government Code Section 65913.5
SB10 is legislation that was approved by Governor Newsom on September 16, 2021 and effective on January 1, 2022. This legislation allows a local jurisdiction to rezone specific parcels to allow for up to 10 residential units on a single parcel. As part of this action, the local jurisdiction can set development standards for the specific parcel such as building setbacks, size, height, and landscape requirements can all be determined for a specific property, which may assist in mitigating impacts of a multifamily development on neighboring properties.
SB10 is permitted to be used on parcels that are located within a Transit-Rich Area or an Urban In-Fill site. Monte Sereno is not considered a Transit-Rich Area in that properties are not located within one-half mile of a major transit stop or a parcel on a high-quality bus corridor (average service interval of 15 minutes, 20 minutes, or 30 minutes depending on days and times). Monte Sereno does qualify as an Urban In-Fill site meeting all of the following requirements:
• A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
• A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. • A site that is zoned for residential use or residential mixed-use development or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
Monte Sereno is part of the San Jose Urbanized Area according to the 2020 census. The parcels under consideration are adjacent to other parcels developed with urban uses (which includes single family residential) for more than 75% of their perimeter. And the sites are all zoned for residential use.
Potential Sites for Multifamily Rezoning
The following factors were analyzed in determining the sites that the City Council may want to consider for multifamily rezoning:
• Vacant Sites or significantly underutilized sites were identified as possible sites. • Properties on dead-end streets were excluded due to concerns regarding emergency evacuation.
• Properties listed on the Historic Inventory were excluded. • Properties located in the Very High Fire Hazard Severity Areas were discouraged, but not eliminated (16121 Rose Avenue is in such an area).
• Properties on Winchester Boulevard were prioritized based on direction from Council.
Staff has identified a total of four properties that Council may want to consider for potential rezoning. Following is a summary of these sites:
APN Address Lot Size Zoning
District
Existing Site
Conditions
Currently
Allowed Units
409-40-006 15191 Karl
Av
10.53 acres
458,686 SF
R-1-44 House with
ADU built in
2011 and
accessory
buildings
1 Main
House
1 ADU
1 JADU
1 SB9 Unit
410-20-022 16121 Rose
Av
1.86 acres
81,021 SF
R-1-8 One house
built in 1900
and
accessory
structures
1 Main
House
1 ADU
1 JADU
1 SB9 Unit
410-10-045 15785
Winchester
Bl
0.4 acres
17,543 SF
R-1-8 One house
and detached
1 Main
House
1 ADU
APN Address Lot Size Zoning
District
Existing Site
Conditions
Currently
Allowed Units
garage built
in 2008
1 JADU
1 SB9 Unit
410-10-046 15791
Winchester
Bl
0.394 acres
17,287 SF
R-1-8 One house
built in 2008
1 Main
House
1 ADU
1 JADU
1 SB9 Unit
Staff mailed a letter to each of these property owners to provide them with background information about the Housing Element, need for multifamily rezoning, and asking the property owner if they are interested in considering their property for potential rezoning. Staff has not received a response from any of the property owners.
Council can consider the appropriateness of the sites identified above and direct staff to continue outreach to these property owners. Additionally or alternatively, Council can direct staff to look at alternative sites for potential multifamily rezoning.
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.
The draft Housing Element that was reviewed HCD is available on the Housing Element website at www.AtHomeinMonteSereno.com.
Attachments:
1. California Government Code Section 65913.5 (SB10)
2. Potential Sites for SB10 Rezoning
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
65913.5.
GOVERNMENT CODE - GOV
CHAPTER 4.2. Housing Development Approvals [65913 - 65914.7] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
(a) (1) Notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction that limit the legislative body’s ability to adopt zoning ordinances, including, subject to the requirements of paragraph (4) of subdivision (b), restrictions enacted by local initiative, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following:
(A) A transit-rich area.
(B) An urban infill site.
(2) A local government shall not adopt an ordinance pursuant to this subdivision on or after January 1, 2029. However, the operative date of an ordinance adopted under this subdivision may extend beyond January 1, 2029. (3) An ordinance adopted in accordance with this subdivision, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (4) Paragraph (1) shall not apply to either of the following:
(A) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(B) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes. (b) A legislative body shall comply with all of the following when adopting a zoning ordinance pursuant to subdivision (a):
(1) The zoning ordinance shall include a declaration that the zoning ordinance is adopted pursuant to this section. (2) The zoning ordinance shall clearly demarcate the areas that are zoned pursuant to this section. (3) The legislative body shall make a finding that the increased density authorized by the ordinance is consistent with the city or county’s obligation to affirmatively further fair housing pursuant to Section 8899.50. (4) If the ordinance supersedes any zoning restriction established by a local initiative, the ordinance shall only take effect if adopted by a two-thirds vote of the members of the legislative body.
(c) (1) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from Division 13 (commencing with Section 21000) of the Public Resources Code, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) This subdivision shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section. (3) The creation of up to two accessory dwelling units and two junior accessory dwelling units per parcel pursuant to Sections 65852.2 and 65852.22 of the Government Code shall not count towards the total number of units of a residential or mixed-use residential project when determining if the project may be approved ministerially or by right under paragraph (1). (4) A project may not be divided into smaller projects in order to exclude the project from the prohibition in this subdivision. (d) (1) An ordinance adopted pursuant to this section shall not reduce the density of any parcel subject to the ordinance. (2) A legislative body that adopts a zoning ordinance pursuant to this section shall not subsequently reduce the density of any parcel subject to the ordinance.
(e) For purposes of this section:
(1) “High-quality bus corridor” means a corridor with fixed route bus service that meets all of the following criteria:
(A) It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday. (B) It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 p.m., inclusive, on Monday through Friday.
(C) It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
(2) “Transit-rich area” means a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor. (3) “Urban infill site” means a site that satisfies all of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(f) The Legislature finds and declares that provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2021, Ch. 163, Sec. 1. (SB 10) Ef ective January 1, 2022.)
Poten�al Sites for SB10 Rezoning
15191 Karl Avenue
Address 15191 Karl Avenue
APN 409-40-006
Lot Size 452,630 square feet – 10.3 acres
Zoning District R-1-44
Exis�ng Buildings Main house, ADU, and detached garage with hobby room built in 2011.
Maximum Number of
Dwelling Units Currently
Allowed
Based on the lot size and assumed slope, the property could be subdivided into five lots. Each lot could include a main house (6,600 square feet, an ADU (1,200 square feet), JADU (500 square feet), and an SB9 unit (800 square feet).
SB10 Poten�al Dwelling
Units
Maximum of 10 addi�onal units on the property.
Poten�al Sites for SB10 Rezoning
16121 Rose Avenue
Address 16121 Rose Avenue
APN 409-20-022
Lot Size 80,382 square feet – 1.84 acres
Zoning District R-1-8
Exis�ng Buildings Appears to have one single family house built in 1900 and miscellaneous accessory buildings.
Maximum Number of
Dwelling Units Currently
Allowed
Based on the lot size, the property could be subdivided into ten lots. Each lot could include a main house (3,300 square feet, an ADU (1,000 square feet), JADU (500 square feet), and an SB9 unit (800 square feet).
SB10 Poten�al Dwelling
Units
Maximum of 10 addi�onal units on the property.
Poten�al Sites for SB10 Rezoning
15785 Winchester Bl
Address 15785 Winchester Bl
APN 410-10-045
410-10-046
Lot Size 17,543 square feet – 0.40 acres
17,287 square feet – 0.39 acres
Zoning District R-1-8
Exis�ng Buildings Each lot has one main house, each built in 2008.
Maximum Number of
Dwelling Units Currently
Allowed
Each lot could include a main house (3,300 square feet, an ADU (1,000 square feet), JADU (500 square feet), and an SB9 unit (800 square feet).
SB10 Poten�al Dwelling
Units
Maximum of 10 units on each property.
From: Vesta Walker
To: Rowena Turner
Cc: City Clerk
Subject: City council meeting august 1, 2023
Date: Tuesday, August 1, 2023 4:40:49 PM
Please inform the City Council and City Clerk that we are opposed to any multiple family housing that is being considered for Monte Sereno both between Rose and Viewfield as well as the area off Karl Avenue.
We are opposed to any rezoning of these areas.
Thank you
Lee and Vesta Walker
18367 Twin Creeks Road
Steven Walker
15516 Kavin Lane
Sent from my iPad
From: Vesta Walker
To: City Clerk
Subject: City Council Meeting August 1, 2023
Date: Tuesday, August 1, 2023 4:59:43 PM
Please be informed that we do not support any rezoning of the properties between Rose Avenue and Viewfield and the properties off of Karl Avenue.
Multiple family zoning in these areas is unacceptable.
Lee and Vesta Walker
18367 Twin Creeks Road
Steven Walker
15516 Kavin Lane
Sent from my iPad
From: Liz Walker
To: Building Department; City Planner
Subject: Objection and Concerns about High Density Housing Date: Tuesday, August 1, 2023 4:17:05 PM
Hello,
I’m writing to object to the planning of high density housing between Rose and Viewfield. We have such a huge issue with traffic already due to school traffic (including that going to/from West Valley) and summer beach traffic. Last weekend I had to get to 17 via Daves Avenue from my house on Grandview and it took 20 minutes to get to Winchester. This is a huge problem that has not been adequately resolved. There is also a life safety risk if/when there is a catastrophic event such as fire and mass evacuation is needed (especially on a high traffic day).
These same concerns should also be applied to each place you are considering this type of development. Anything developed should not further complicate an existing on-going problem.
Thank you for your consideration,
Lee and Liz Walker
STAFF REPORT
Meeting: City Council - Aug 01 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consider a Resolution Expanding the Membership of the Community Center Committee by Two Members, Including the Capital Campaign for the Community Center Project as a Responsibility of the Committee and Appoint Two (2) Residents of Monte Sereno to Community Center Committee
Recommendation(s):
Staff recommends that City Council consider the following three (3) applications received and appoint two (2) of the three (3) residents of Monte Sereno to form part of the City of Monte Sereno Community Center Committee (currently three members of the public to five members of the public), and for the City Council to consider and adopt a resolution that clarifies the membership and responsibilities of the Community Center.
Background Information:
City Council formed the Community Center Committee at a special meeting on January 4, 2023. City Council approved the formation of the Community Center Committee and appointed Mayor Mekechuk and Vice Mayor Wolsheimer to the Community Center Committee.
Monte Sereno Site and Architectural Commission held a special meeting on January 4, 2023 and appointed two Commissioners, Allison Zeidler and Steve White, to the Community Center Committee.
At a special meeting on January 17, 2023, City Council appointed a Public Member, Heather Harrington, to the Community Center Committee and directed staff to come back with a future agenda item to expand the size of the Community Center Committee and appoint more Public Members.
At the regular City Council meeting on February 21, 2023, City Council appointed two Public Members, Vidya Rangasayee and Mary Allan, to the Community Center Committee.
At a special meeting on July 18, 2023, City Council directed staff to proceed with advertising for the newly created positions to expand the Community Center Committee and also to prepare a resolution clarifying the membership and responsibilities of the Community Center.
The scope of responsibilities of the Committee is to help guide the project from design phase to completion. To date, the Committee has recommended the final design of the Community Center. On July 18, 2023, the Council also directed staff to include managing the capital campaign for the Community Center project as a duty of the Committee.
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:
Applications Received
Drafted Resolution
JUL2 4 2073
CITY OF MONTE SERENO
COMMUNITYCENTERCOMMITTEEAPPLICATION
Term Ending 12/31/2024
Submit to: Office of the City Clerk
18041 Saratoga-Los Gatos Road
Telephone: (408) 354-498-5284 0 Email: cityolerkgvcityofmontesereno.orgr SubmittalDeadline — 5:00 p.m., July 28, 2023
Please type or print legibly
Last Name: W/4}K\.b First Name: .T;{]41 g‘
Address: . City:/V/0/I/'7"; 51%{/14} Zip: £50 33
Phone: Email: [,3’ T”?J(lz./C2 /V’51/; C0 /4
Length of Residency in Monte Serene: j?é %%L,<f ( /A‘ 5W”‘<‘-'507715; Previously Held ElectedorAppointed Position/Of?ce H61d Dates Governmental Positions Civic or Charitable Organizations . . You Have Belonged To Position/Office Held Cmmizrmu(Ema.A/564»/«W/5%?/i M74 OM/0
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\ QUESTIONSFOR COMMUNITY CENTER COMMITTEE APPLICANTS
1. Why do you want to be on theCommunity Center Committee? 3;, ?gmwqwpl./7, (5%/loaf 277,»),/gJL$<ma /(P//7 , 2. 4. /€x€?7?!&//at//éié 4 //;M%~« W1AQM Imazuéai /4,4:V5035:21
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2. Have you been on Monte Sereno Site & Architectura Commission or a planning commissionin another jurisdiction? If so, please describe your role on that commissionand the length of time that you served. /1/0
3. Describeyour experienceworking with site development plans, building envelopes and setbacks, topographicalsurveys, building ?oorplans, elevations,cross sections,roof plans, landscaping plans and three dimensionalbuilding models. , V7,; 5;;//Jr/“pew, at/(,e7/J/?,[@//I,/_{(.’?.g§ :g;?é[4/k..941/t Xonxsam} 5 3?y M (9? ,eg — 727a—Zé//é?n/5&4» @//(zau!/i:,/ZM// cmmw/n Smog 1):, tr Jazz/My//l/0G’4*J.Z4/:4v9 ~/Was? ¢//I/yam X «
4. The Community Center Committee will meet several times during the design phase, expected to be from 7‘ 2 January l8 to February 28, 202%Subsequent meetings will be less frequent until the project is _,./’ completed. All meetings will be noticed 72 hoursin advance. Will your current commitments allow you to participate in these meetin s? ..
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5. What do you see as key issuesto be considered in the design of onte Sereno’s Co munity Center? 222'M\ 5/2 W» 44 E?xurfér V/4’/\»/./Z{/<‘ e? mm; 3“144755%/A(/,5/;{1“‘/91.4 (ML///&4{ X awe‘:/:. ;/52M9%,¢f?L cm. Zmy/2 we Lu M14.,, &/L4. 1 6"’o’2/2‘/547%/aoom5=~ 0465gg?s//4&6‘ f‘ /9‘; ér/¢C(/ C1‘C’--/£114.53? /U/be 77xo/73:» r
6. How ong have you resided in Monte Sereno? Based on your knowledge of the City and itsresidents, what do you believe theunmet needs, if any, of the City are that the communitycenter needsto ful?ll? I%%4'welow,///W1 7/Wop? -31?/L£5/)\¢vK //zgpatzs‘ , I?ggz/g /M./Q-A» ,4t.t,,,4z /Ni wea?sa? 0 W.,,,W.~..z., ca-/Zrm /1/Vévt7/“'7/um//2/~ MM:
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7. Whatstrengths do you possess that you believe willmaheyou a successful representative of the residentsof the City of Monte Serenoto serve on the Community Cen r Commi ee? 772,7, ?.£'s%«:s/w ,9"/rL‘S),,£)/L /5 /2641; A/5 +1_-‘/\/ - ;,;,'// /ak,,a (pd/7 . .______,. .401/Wzcé/Lam»? ,¢m.p /we x‘a 2 'a4«¢/5>cx/wmida (7e’&//L97//lL £(/”5i/’E
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CITYOF MONTESERENO
COMMUNITYCENTERCOMMITTEEAPPLICATION
Term Ending 12/31/2024
Submitto: Officeof the City Clerk
18041 Saratoga-LosGatos Road
Telephone: (408)354-498-5284 in Email: ,
SubmittalDeadline ~ 5:00 p-.m.,July 28, 2023
Please type or print legibly
Last Name: AL L R N _ First Name: L (3 '\/
‘
Address:_
_ City: 3' Zip: 37’: C’
Email: £.L‘>:\lALLAN g ,zLr>o o, can/\
Phone:
Length of Residency in Monte Serene: '‘l'4 VFmu’
PreviouslyHeldElectedor Appointed
GovernmentalPositions
Position/Of?ceHeld
$6; APT'rK_C”MFv it’
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You Have Beloned To
Position/Of?ceHeld
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Signature: Date:
Attachment # 1: Previously HeldElected or Appointed Government Positions
1. Monte Sereno City Council. Councilmember andMayor
201Sf~16
2. Monte Sereno S&ACommission. Commissioner and CommissionChair 201 0201 3
3. Santa Clara County CivilGrand Jury. Juror and CommitteeChair 2018-19
4. Santa Clara County Juvenile Justice Commission. Commissionerand Committee Chair 2019-2023
5. Santa Clara County Board of Parole Commissioners. PublicMember appointed by Presiding Judge of Superior Court 2022 to present
Attachment# 1. Civic or Charitable OrganizationsYou Have Belonged To
1. San Jose Museumof Art. Trustee and Vice President. 6 year period during the 19805 2, San Jose/SiliconValley Chamber of Commerce. Director and Vice President. 6 year period during the 19803/19903
3, KTEHPublicTelevisionstation Channel54. Directorand Board Chair, 17year period during the 1980s/19903
4. VillaMontalvoArtsCenter. Directorand BoardChair. 1986-2000
5. The HarkerSchool. Trustee and BoardChair. 1996-2010
6. Silicon Valley Directors Exchange. Director and BoardChair. 2003 to 2018 Emeritus Chairsince 2018
Attachment# 3. Education
1. Universite de Paris, Certi?cat (1er degre). 1964
2. University of Michigan. AB in PoliticalScience. 1965
3. Stanford Law School. JD 1968
Questions For Community Center Committee Applicants
1. Why do you want to be on the Community Center Committee? Mary and l have livedhere for 44 years and have missed having anyplace for residents to meet socially in order to have areal sense of community. The proposed Community Center would provide such a much-neededvenue.
2 Have you been on Monte Sereno’s Site &ArchitecturalCommission? Ifso, please describe your role of that commissionand the length of time that you served.
Yes. iwas a Commissioner and later the Chair of the S&ACommissionfrom 2010 to 2014, active in all aspects of land use issues.
3. Describeyou experience working with site development plans, building envelopes and setbacks, topographical surveys, building floorpans, elevations, cross sections, roof plans, landscaping plans and three dimensional building models.
As referenced in item 2, above, these issues werethe substance of my responsibilitieswhen l served on the S&ACommission. in addition, Iserved 8 years as Board Chair of the Harker School which engaged in severai major building projects withwhich I was heavily involved.
4. The Community Center Committee willmeet several times.... Allmeetings willbe noticed 72 hours in advance. Willyour current commitmentsallow you to participate inthese meetings?
Yes, I elected inactive Status with the State Bar of Caiiforniain January, 2019, so I am now fully retiredfrom law practice.
5. What do you see as key issues to be consideredin the design of Monte Sereno’s Community Center?
The Center must be an inviting venue for residents of all ages to use for all community—based activities.
6. How long have you resided in Monte Serene? Based on your knowledge of the City and its residents, what do you believe the unmet needs, it any, of the City are that the community center needs to fulfill?
Mary and I have lived in our home here in Monte Serene for 44’years.
The City has no non-residentialareas other than the Daves Ave School, the Baptist Church and the City Hall. There is no place for residents to congregate for social or culturalpurposes.
Mary and l have felt this lack of a community meeting place these past 44 years.
7, What strengths do you possess that you believe willmake you a successfulrepresentative of the residents of the City to serve on the Community Center Committee? In additionto my experience on the S&ACommission and the City Council, I have sewed on more than a dozen corporate boards and an equal number of non—profitboards. Bottom line:
I am a good listener.
Crrv ourMON'rl«; S ERENO
C()MMlIN|’I‘\‘ (fr-:N'n~:u (Z()MMrrrI-:1-1 APPLICATION
Term Emling I2/3|/2024
Submil lo: ()lTIcc uflhc City Clerk
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Tolcplmncz(408) 354-498-5284n Ismail:
Submittal Dcadlinc — 5:00 p.m., July 28, 2023
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LastName: E33Ch
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Lengtll of Residencyin Monte Sereno: 12/$15
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QUESTIONSFOR COMMllNl'l‘Y Cl'iN'l‘l‘£R COMMITTEEAPPLICANTS l. Whydo you want to he on the (‘otntnunityCenter (‘.oIttInitlcc'I , /1”; /j,»m/22z.>r2/ 24_&y,zkK4azLZ zA&
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Have you been on MonteScreamSite& ArcltitccturnlCommissionor a planningcommissionin another jt|l‘i.\‘\ilt‘|i0tt?lt‘sn.pleasedescribeyour roleon thancommissionandthe lengthof timethatyou served. . J45./:m;a‘_t.ui/.u;41<t2AJ¢«.eAJ¥;.3t2a
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4. The CommunityCenterCommitteewillmeet severaltimes(luringthe designphase,expectedto be from Januaryl8 to February28, 2023. Subsequentmeetingswillbe lessfrequentuntilthe projectis completed.Allmeetingswillbe noticed72 hoursinadvance.Willyour current commitmentsallowyou to participatein thesemeetings? \//é
5. Whatdo you see as keyissuesto beconsideredinthedesignof MonteSereno's CommunityCenter? - _
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lingo3 of .1 Page 119 of 121
RESOLUTION NO. XXX23-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MONTE SERENO CONFIRMING THE ESTABLISHMENT OF THE
COMMUNITY CENTER COMMITTEE, EXPANDING THE MEMBERSHIP AND
MODIFYING THE RESPONSIBILITIES OF THE COMMITTEE
WHEREAS, the City Council may establish standing committees to address topics or issues affecting the City; and
WHEREAS, on January 4, 2023, the City Council formed the Committee Center Committee, which consisted of 5 members, for the purpose of advising the City Council on the design and construction of the Community Center (the “Committee”); and WHEREAS, on February 21, 2023, the City Council expanded the Committee to 7 members; and
WHEREAS, the Committee has approved a final design for the Community Center and made such recommendation to the City Council; and
WHEREAS, due to recent additions to City staff, the City Engineer and Project Manager will now be responsible for all stages of the bidding process for the Community Center, minor change orders and will work with the Committee and the City Council on fixtures and finishes for the Community Center; and
WHEREAS, the City intends to embark on a capital campaign to help fund the Community Center and would like the assistance of the Committee; and WHEREAS, the City Council has determined that 2 additional members on the Committee could assist with, among other things, the capital campaign.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Community Center Committee is hereby expanded to be made up of 2 City Council Members, 2 Site & Architectural Commission Members and up to 5 City residents.
BE IT FURTHER RESOLVED AND ORDERED that the Community Center Committee shall perform the following functions:
1. Act as an advisory body to the City Council on the design of the Community Center.
2. Operate a capital campaign to raise funds for the construction of and furniture for the Community Center, which may include donation targets, commemorative plaque and signage, and fundraising events based on direction from City Council.
3. Establish subcommittees to perform any of the responsibilities within the purview of the Community Center Committee.
4. Act as an advisory body to the City Council on the operations of the Community Center, including, but not limited to, policies for scheduling events, usage fees, rental requirements and parking regulations.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 1st day of August, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:_____________________________
Bryan Mekechuk, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk