Agenda — Monte Sereno City Council, August 15, 2023

AGENDA
City of Monte Sereno
Tuesday, August 15, 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

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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.

ANNOUNCEMENTS

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.

1. Received Written Communication 6 - 10

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 August 1, 2023 Regular City Council Meeting
Staff recommends approval of the Minutes of the August 1, 2023 Regular City Council Meeting.

Staff Report - SR-23-170 - Pdf
11 - 16

2. Approve Warrant List Dated August 15, 2023 in the Amount $138,086.54
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-23-169 - Pdf
17 - 19

3. Accept the Treasurer's Report for the Period Ending April 30, 2023 Staff recommends the City Council accept the Treasurer's Report for the period ending April 30, 2023
Staff Report - SR-23-172 - Pdf
20 - 38

4. Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2023-2024
39 - 48

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Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2023-2024.

Staff Report - SR-23-171 - Pdf

PUBLIC HEARINGS

1. Application 2023-3049 for a Use Permit at 18041 Saratoga Los Gatos Road to allow an existing building to be used as a community center and determine that the project is exempt from CEQA per CEQA Guidelines section 15303 – New Construction or Conversion of Small Structures.

Staff recommends that the City Council adopt the draft Resolution and approve the Use Permit.

Staff Report - SR-23-163 - Pdf
49 - 66

UNFINISHED BUSINESS

1. Introduction and Waiver of First Reading of Ordinance No. NS-236, an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors) and Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage
Staff recommends the City Council introduce and waive the first reading of Ordinance No. NS-236.

Staff Report - SR-23-166 - Pdf
67 - 82

2. Update from Public Works Director/City Engineer on Capital Porjects Informational only. No action needed.

NEW BUSINESS

1. Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Staff Report - SR-23-173 - Pdf
83 - 92

2. Discuss and Consider Nominees for Monte Sereno Citizen of the Year Nominee(s) and Make Appointment
Staff recommends that the City Council consider the nominee(s) for Citizen of the Year and make an appointment.

Staff Report - SR-23-106 - Pdf
93 - 101

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3. Designation of Voting Delegates and Alternates
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Staff recommends the City Council appoint a voting delegate and up to two voting alternates to attend the League of California Cities 2023 Annual Conference.

Staff Report - SR-23-168 - Pdf
102 - 108

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
Mayors of Santa Clara County October 2023

1. Mayor Mekechuk Council Report 109 - 111

COUNCIL MEMBER COMMENTS

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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]

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From: Allison Zeidler
To: Diana Perkins; Gloisy Gonzalez-Langarica
Subject: Fwd: Trees Pulling Power Lines Down
Date: Tuesday, August 15, 2023 9:31:28 AM
Hi Gloisy and Diana,
Can you please add my email below as a written public comment for items not on the agenda for the City Council meeting tonight?
Thanks,
Allison
---------- Forwarded message ---------
From: Allison Zeidler <[email protected]>
Date: Tue, Aug 15, 2023 at 8:55 AM
Subject: Trees Pulling Power Lines Down
To: Bryan Mekechuk <[email protected]>, Burton Craig <[email protected]>, Evert Wolsheimer <[email protected]>, Javed Ellahie <[email protected]>, Rowena Turner <[email protected]>, Steve Leonardis <[email protected]> City Council,
There are trees pulling down on the power lines within a block of City Hall. Can we call PG&E today? In my view, this is emergent. The fact that a fire hasn't started yet is our only advantage.

Regards,
Allison Zeidler

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the August 1, 2023 Regular City Council Meeting Recommendation(s):

Staff recommends approval of the Minutes of the August 1, 2023 Regular City Council Meeting.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

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

Attachments:
08-01-23 Regular Meeting Minutes DRAFT

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MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

August 1, 2023

MEETING CALLED TO ORDER
At approximately 7:01 p.m., Mayor Mekechuk called the meeting to order.

PLEDGE OF ALLEGIANCE
Scout Troop 2 conducted the Pledge of Allegiance.

Councilmember Ellahie stated participating at tonight’s meeting remotely under “Just Cause” circumstance and confirmed there was nobody over the age of 18 in the same room as him.

ROLL CALL
Present – Chambers: Councilmember Craig, Councilmember Turner, Vice Mayor Wolsheimer and Mayor Mekechuk
Present – Remote: Councilmember Ellahie

Absent: None
Staff: City Attorney Powell, City Planner Perkins, Finance Officer Samoranos, City Engineer/ Public Works Director Jordan, City Manager Leonardis and City Clerk Gonzalez-Langarica

ORDERS OF THE DAY
Mayor Mekechuk requested Item #1 under Unfinished Business be after the Consent Calander

PRESENTATIONS
None.

ORAL COMMUNICATIONS
Resident Shevelyor expressed frustration with the power outages that have occurred since the beginning of the year. He shared he reached out to PG&E and was encouraged to reach out to the City of Monte Sereno and start a petition that can then lead to the State of California to accelerate the remediation of the issue with PG&E. He was informed there are two actionable things that can be done. One is the known legacy issues with the electricity connectivity in Los Gatos to the main power grid and two, it can be requested to prioritize the power lines being moved underground.

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Former Mayor Lucas came to thank the City Council on behalf of the Board of Directors of the Los Gatos Community Concert Association for the City’s support. He provided City Clerk GonzalezLangarica with complimentary tickets for a concert to be distributed to the Councilmembers.

WRITTEN COMMUNICATIONS
None.

CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve the Minutes of the July 18, 2023 Special City Council Meeting

2. Accept the Treasurer's Report for the Period Ending March 31, 2023

3. Approve Warrant List Dated August 1, 2023 in the Amount $164796.99

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

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
Councilmember Turner requested to pull Items #1 and #4
Mayor Mekechuk opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Councilmember Craig to approve the Consent Calendar items #2, #3 and #5. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion passed. (5-0-0)
Councilmember Craig requested to move Item #2 under Unfinished Business before #1 and then move on to Public Hearing.

UNFINISHED BUSINESS

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
City Clerk Gonzalez-Langarica provided a staff report and answered questions from the Council.

Discussion commenced.

Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Councilmember Ellahie to approve the Resolution Expanding the Membership of the Community Center Committee by Two Members and an Alternate, Including the Capital Campaign for the Community Center Project as a Responsibility of the Committee. Seconded by Councilmember Craig.

VOTE: Motion passed. (5-0-0)

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Applicant Spoke
▪ Lon Allan
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Councilmember Craig to nominate Lon Allon and Jennifer Krach as the two new Member of the Public to Community Center Committee and Jane Ward as the alternate. Seconded by Councilmember Ellahie.

VOTE: Motion passed. (5-0-0)

1. Housing Element Update – Discuss Sites to Consider for SB10 Rezoning for Multifamily Housing Mayor Mekechuk stated he lives within a radius of 500 ft from one of the properties being mentioned in this item; therefore, he recused himself.

City Planner Perkins provided a staff report and answered questions from the Council.

City Attorney Powell provided assistance with answering questions from the Council.

Vice Mayor Wolsheimer opened the item for Public Comment.

Public Comment
▪ Resident Kelly Weisberg
▪ Resident Peter Leavy
▪ Resident Garry Niva
▪ Former Mayor Lon Allan
▪ Resident George Blumenthal
▪ Resident Ed
▪ Resident Allison Zeidler
▪ Resident Clay Zeidler
▪ Resident Debrah
With no one else wishing to speak, Vice Mayor Wolsheimer closed Public Comment.

MOTION: Motion by Councilmember Craig to consider parcels Winchester Blvd and Karl Avenue for SB10 consideration. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion Failed. (2-2-1; Noes Ellahie, Turner; Recused Mekechuk) MOTION: Motion by Councilmember Craig to consider parcel Karl Avenue for SB10 consideration. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion Failed. (2-2-1; Noes Ellahie, Turner; Recused Mekechuk) MOTION: Motion by Councilmember Craig to consider parcel Rose Avenue for SB10 consideration. No Seconded.

VOTE: Motion Failed.

MOTION: Motion by Councilmember Craig to consider parcels on Winchester Blvd

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for SB10 consideration. Seconded by Councilmember Ellahie.

VOTE: Motion passed. (4-0-1; Recused Mekechuk)

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 City Clerk Gonzalez-Langarica provided a staff report.

A Weed Abatement Inspector was present to assist with questions from the Council.

Discussion commenced.

Mayor Mekechuk opened the item for Public Hearing. With no one wishing to speak, Mayor Mekechuk closed Public Hearing.

MOTION: Motion by Councilmember Craig to Accept the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Weed Abatement Report and Assessment List Filed by the County Fire Marshal and Remanding same to Fire Marshal to Be Entered on the Tax Assessment Roll. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion passed. (5-0-0)

CONSENT CALENDAR

1. Approve the Minutes of the July 18, 2023 Special City Council Meeting Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Vice Mayor Wolsheimer to Approve the Minutes of the July 18, 2023 Special City Council Meeting. Seconded by Councilmember Craig.

VOTE: Motion passed. (5-0-0)

Discussion commenced.

Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Councilmember Craig to Approve and Authorize the City Manager to Execute a Contract with Metropolitan Planning Group (MGroup) for Staff Support of the Housing Element Preparation and Implementation of Programs Not to Exceed $50,000. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion passed. (5-0-0)

COMMITTEE/COMMISSION REPORTS

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Councilmember Craig stated having nothing to report.

Councilmember Ellahie stated having nothing to report.

Councilmember Turner shared attending the CERT event this afternoon. She shared they have a new NICP that is state of the art that is located at the Jewish Community Center. Los Gatos is putting in 4 new NICP’s. Los Gatos has 18 today and by the end of the year will have 22.

Vice Mayor Wolsheimer stated having nothing to report.

Mayor Mekechuk shared most meetings were cancelled in the month of July. There is an upcoming meeting of Silicon Valley Clean Energy on the 14th of August. Mayor Matt Mahan is having another meeting of the Santa Clara County Mayors in October.

COUNCILMEMBER COMMENTS
None.

CITY MANAGER’S REPORT
City Manager Leonardis shared he is working on scheduling a team building exercise with Kevin Dugan in the near future with the Councilmembers. Lastly, he did a friendly reminder for folks to RSVP for the City Picnic.

FUTURE AGENDA ITEMS
Councilmember Ellahie suggested PG&E be considered for an agenda item to see what can be done in regards to the outages.

Mayor Mekechuk expressed interest in seeing in the August 15th meeting a staff report on how to move forward with a concealed carryon weapons permit. Los Gatos is moving ahead with a permitting system, and he would like to see the City of Monte Sereno moving in parallel with the Town of Los Gatos.

ADJOURN
Mayor Mekechuk adjourned the meeting at approximately 9:03 p.m.

Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated August 15, 2023 in the Amount $138,086.54 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 15 Warrants List

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CITY OF MONTE SERENO

August 15, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20442 Nina Dees Deesigns Face painting, balloons for the August 2023 Picnic.Festival 350.00 01-507 20443 Deco Kitchen Cabinet &
Bath In Kitchen cabinet fixtures for kitchen City Hall remodel 8,000.00 01-816 20444 Association of Bay Area
Government Utilities natural gas for City Hall 180.00 01-705 20445 Bay Area News Group Classified publication for the 2023 annual pavement improvement project. 925.04 01-565
20446 Building Services Group,
Inc. Refund for double payment of business licensing fees. 109.00 01-232 20447 Century Graphics Eight North Face black jackets with Monte Sereno logo for Staff. 1,161.70 01-710 20448 COMCAST Internet services for City Hall 116.67 01-720 20449 Corodata Records
Management In Standard record storage plan cartons 162.18 01-710 20450
County of Santa Clara -
Technology Services and
Solutions
FY 2024 Annual GIS services 1,000.00 01-745
20451 Crystal Springs Water Co Bottled drinking water services for City Hall 62.25 01-710 20452 Frontier Communications Two dedicated landlines for City Hall 247.53 01-720 20453 Heidi's Commercial
Cleaning Weekly cleaning services for City Hall 750.00 01-860 20454 Hillview Design Print
Media
Business cards for City Engineer/Public Works Director and Project Manager for Annex Building Project. 169.27 01-725 20455 Los Gatos Monte Sereno
Safe Route to School
Measure B reimbursement: Bike Education classes ($978); BMX Assemblies ($4985); Outreach & Communication Events
($1253); Encouragement Events ($2299) and QR Code
scanning ($250)
9,765.00 05-870
20456 Natalie Ladd
Photography
Photography services for August 2023 Monte Sereno Picnic ($1900) and three headshots for City Engineer; Project Manager on Annex Building Project and Maintenance support person ($1800)
3,700.00 01-507
01-710
20457 National Pen Co, LLC 100 mineral alpha touch pen with rose trim and City Monte Sereno name. 131.98 01-710
1 of 2 Page 18 of 111

CITY OF MONTE SERENO

August 15, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20458 Pacific Gas & Electric
(Fresno
Return PG&E check originally issued to City of Modesto and inadvertenly deposited by Monte Sereno - cash receipt #228869 July 7, 2023
2,164.00 01-236
20459 Void Void Void Void
20460 State Compensation Ins
Fund Workers' Comp insurance premiums 1,651.86 01-642
20461 The A.I.M.S. Corporation Consulting Engineer for the City July 3, 2023 through July 31, 2023 11,850.00 01-765
20462 Town of Los Gatos
Finance Department Police services 84,217.00 03-545
20463 Vision Service Plan (CA) Vision care insurance premiums 223.58 01-636 20464 Wells Fargo Bank
CookiesNCreams Vendor for 2023 MS Picnic ($1000); Desk for City Engineer ($1382); Chairs for City Engineer office ($815); Office supplies ($952); California Building of Sacramento dues ($160); Software license renewal ($440); Kitchen cabinet deposit for MS Kitchen remodel ($1699) and City Hall general maintenance / supplies for repairs ($29)
8,362.16
01-507
01-710
01-745
01-811
01-816
01-860
20465 Association of Bay Area
Government
FY 2023-24 Association of Bay Area Government (ABAG)
membership dues 1,831.00 01-745
20466 Alamo Landscaping &
Maintenance Landscape maintenance at City Hall - July 2023 530.00 01-860 20467 Pacific Gas & Electric
Utitilities electricity services for Loma Serena Ltg District ($182); Rose Andrews Ltg District ($49) and Monte Sereno street and Highway lighting ($196)
426.32
40-935
50-945
05-890
TOTAL WARRANT LIST $138,086.54

I, REYNOLD SAMORANOS, FINANCE OFFICER DO HEREBY CERTIFY THAT THE

PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
2 of 2 Page 19 of 111

STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending April 30, 2023 Recommendation(s):

Staff recommends the City Council accept the Treasurer's Report for the period ending April 30, 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 04 30 (Final 08-08- 2023)
Part 2 - SIGNIFICANT VARIANCES TO BUDGET NARRATIVE 2023 04 30 (Final 08-08-2023)

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Part 3 - DEMAND ACCOUNT REPORT 2023 04 30 (Final 08-08-2023) Part 4 - LAIF Investment Report 2023 04 30 (Final 08-08-2023)

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THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
2,326,700 673,604 2,440,074 113,374 104.9%
914,100 73,110 639,482 (274,618) 70.0%
310,000 79,169 304,991 (5,009) 98.4%
236,485 29,682 181,920 (54,565) 76.9%
280,700 13,917 168,601 (112,099) 60.1%
191,000 12,954 132,924 (58,076) 69.6%
11,200 30,906 82,621 71,421 737.7%
145,000 6,169 70,302 (74,698) 48.5%
12,000 126 11,557 (443) 96.3%
772,100 0 409,905 (362,195) 53.1%
3,000 298 1,646 (1,354) 54.9%
5,202,285 919,935 4,444,023 (758,262) 85.4%
Page: 1 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 22 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
2,108,700 657,633 2,165,581 56,881 102.7%
89,000 7,992 98,598 9,598 110.8%
5,000 0 2,690 (2,310) 53.8%
35,000 7,454 59,028 24,028 168.7%
89,000 0 111,842 22,842 125.7%
0 514 2,145 2,145 N/A
0 0 119 119 N/A
0 0 2 2 N/A
0 10 69 69 N/A
0 0 0 0 N/A
2,326,700 673,604 2,440,074 113,374 104.9%
12,000 126 11,557 (443) 96.3%
12,000 126 11,557 (443) 96.3%
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 04 30 (Final 08-08-2023) Page 23 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 6,368 69,349 (39,651) 63.6%
82,000 6,586 63,575 (18,425) 77.5%
191,000 12,954 132,924 (58,076) 69.6%
17,600 26,950 26,950 9,350 153.1%
38,000 47,301 47,301 9,301 124.5%
38,400 0 36,101 (2,299) 94.0%
130,000 2,089 111,180 (18,820) 85.5%
36,000 2,830 28,668 (7,332) 79.6%
50,000 0 54,792 4,792 109.6%
310,000 79,169 304,991 (5,009) 98.4%
145,000 6,169 70,302 (74,698) 48.5%
0 0 0 0 N/A
145,000 6,169 70,302 (74,698) 48.5%
680 40 924 244 135.9%
12,320 744 16,610 4,290 134.8%
36,000 2,603 22,670 (13,330) 63.0%
6,300 308 3,194 (3,106) 50.7%
697,000 60,417 476,035 (220,965) 68.3%
50,000 956 29,839 (20,161) 59.7%
3,000 95 1,067 (1,933) 35.6%
200 0 0 (200) 0.0%
8,500 0 13,460 4,960 158.4%
0 0 0 0 N/A
100 100 1,799 1,699 1799.2%
40,000 2,370 23,803 (16,197) 59.5%
60,000 5,477 50,081 (9,919) 83.5%
914,100 73,110 639,482 (274,618) 70.0%
Page: 3 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 24 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
3,000 298 1,146 (1,854) 38.2%
3,000 298 1,646 (1,354) 54.9%
10,000 29,973 76,442 66,442 764.4%
1,200 933 6,178 4,978 514.9%
11,200 30,906 82,621 71,421 737.7%
1,100 221 950 (150) 86.3%
2,000 0 1,980 (20) 99.0%
4,200 0 3,576 (624) 85.2%
0 0 0 0 N/A
100,000 29,462 144,751 44,751 144.8%
129,185 0 30,663 (98,522) 23.7%
236,485 29,682 181,920 (54,565) 76.9%
Page: 4 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 25 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 11,612 121,043 (48,957) 71.2%
500 0 0 (500) 0.0%
7,200 525 7,405 205 102.8%
85,000 0 30,007 (54,993) 35.3%
0 0 0 0 N/A
0 0 2,770 2,770 N/A
18,000 1,780 7,376 (10,624) 41.0%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
280,700 13,917 168,601 (112,099) 60.1%
5,202,285 919,935 4,444,023 (758,262) 85.4%
Page: 5 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 26 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
1,506,832 108,402 1,063,491 (443,341) 70.6%
1,110,604 84,217 848,224 (262,380) 76.4%
1,000 6,190 28,148 27,148 2814.8%
456,000 1,425 327,232 (128,768) 71.8%
975,000 21,845 503,808 (471,192) 51.7%
528,660 73,406 490,428 (38,232) 92.8%
249,550 7,544 66,792 (182,758) 26.8%
30,000 1,452 45,073 15,073 150.2%
89,600 333 31,986 (57,614) 35.7%
725,000 0 24,232 (700,768) 3.3%
54,600 3,575 22,778 (31,822) 41.7%
33,272 0 11,247 (22,025) 33.8%
2,980 228 1,843 (1,137) 61.8%
5,763,098 308,617 3,465,283 (2,297,815) 60.1%
(560,813) 611,317 978,740 1,539,553 -174.5%
Page: 6 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 27 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 74 17,754 15,754 887.7%
3,000 0 0 (3,000) 0.0%
15,000 0 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 0 3,274 (8,726) 27.3%
15,000 0 0 (15,000) 0.0%
6,300 895 7,999 1,699 127.0%
0 261 2,341 2,341 N/A
0 0 0 0 N/A
215,000 0 87,199 (127,801) 40.6%
89,000 0 95,421 6,421 107.2%
0 0 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
10,000 196 4,964 (5,036) 49.6%
0 0 0 0 N/A
200 0 2 (198) 1.1%
0 0 0 0 N/A
36,000 0 31,903 (4,097) 88.6%
456,000 1,425 327,232 (128,768) 71.8%
Page: 7 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 28 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 75,493 777,079 (314,156) 71.2%
0 0 0 0 N/A
0 0 0 0 N/A
95,593 7,265 64,764 (30,829) 67.7%
24,824 1,087 13,924 (10,901) 56.1%
135,177 15,251 110,794 (24,382) 82.0%
7,260 705 5,992 (1,268) 82.5%
224 671 671 N/A
8,400 1,108 6,877 (1,523) 81.9%
68,877 4,730 44,709 (24,169) 64.9%
16,143 1,106 11,542 (4,601) 71.5%
336 0 378 42 112.5%
38,586 1,433 17,161 (21,426) 44.5%
20,400 0 9,600 (10,800) 47.1%
1,506,832 108,402 1,063,491 (443,341) 70.6%
8,800 695 7,293 (1,507) 82.9%
14,580 1,318 27,433 12,853 188.2%
1,500 0 0 (1,500) 0.0%
40,760 225 8,555 (32,205) 21.0%
250 0 0 (250) 0.0%
24,300 615 25,865 1,565 106.4%
7,100 20 13,787 6,687 194.2%
19,700 800 13,886 (5,814) 70.5%
22,470 365 20,437 (2,033) 91.0%
0 0 0 0 N/A
361,000 68,919 364,810 3,810 101.1%
18,700 450 8,184 (10,516) 43.8%
0 0 180 180 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
528,660 73,406 490,428 (38,232) 92.8%
Page: 8 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 29 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
74,600 333 31,986 (42,614) 42.9%
89,600 333 31,986 (57,614) 35.7%
0 0 0 N/A
725,000 0 24,232 (700,768) 3.3%
725,000 0 24,232 (700,768) 3.3%
1,010,604 84,217 757,953 (252,651) 75.0%
0 0 0 0 N/A
100,000 0 90,271 (9,729) 90.3%
1,110,604 84,217 848,224 (262,380) 76.4%
30,000 1,452 35,453 5,453 118.2%
0 0 9,620 9,620 N/A
30,000 1,452 45,073 15,073 150.2%
310,000 4,070 405,044 95,044 130.7%
0 0 0 0 N/A
0 17,180 28,340 28,340 N/A
627,000 402 46,461 (580,539) 7.4%
12,000 0 890 (11,110) 7.4%
3,000 193 1,075 (1,925) 35.8%
11,000 0 5,498 (5,502) 50.0%
12,000 0 16,500 4,500 137.5%
975,000 21,845 503,808 (471,192) 51.7%
Page: 9 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 30 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 6,190 19,493 19,493 N/A
0 0 6,845 6,845 N/A
1,000 0 0 (1,000) 0.0%
1,000 6,190 28,148 27,148 2814.8%
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%
2,040 180 1,422 (618) 69.7%
940 47 421 (519) 44.8%
2,980 228 1,843 (1,137) 61.8%
Page: 10 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 31 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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 60,278 (24,272) 71.3%
165,000 400 6,514 (158,486) 3.9%
0 0 0 0 N/A
0 0 0 0 N/A
249,550 7,544 66,792 (182,758) 26.8%
45,300 0 14,750 (30,550) 32.6%
3,000 2,996 2,996 (4) 99.9%
6,300 579 5,032 (1,268) 79.9%
54,600 3,575 22,778 (31,822) 41.7%
5,763,098 308,617 3,465,283 (2,297,815) 60.1%
(560,813) 611,317 978,740 1,539,553 -174.5%
Page: 11 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 32 of 111

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
April 2023

83.3% 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
April 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
117,450 150,909 362,765 245,315 308.9%
83,711 387,624 693,694 609,983 828.7%
241,391 29,462 291,510 50,118 120.8%
630 298 32,439 31,809 5150.7%
242,274 12,954 375,198 132,924 154.9%
69,524 0 69,524 0 100.0%
73 0 73 0 100.0%
2,805 524 5,141 2,336 183.3%
39 0 39 0 100.0%
640,447 430,862 1,467,617 827,170 229.2%
757,897 581,772 1,830,382 1,072,485 241.5%
647,671 29,973 224,113 (423,558) 34.6%
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 29,973 4,424,113 (423,558) 91.3%
0 0 0 0 N/A
131,506 933 137,684 6,178 104.7%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6,751 0 100.0%
186,300 933 192,478 6,178 103.3%
5,033,970 30,906 4,616,591 (417,380) 91.7%
5,791,868 612,677 6,446,973 655,105 111.3%
Page: 12 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 04 30 (Final 08-08-2023) Page 33 of 111 1 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 April 2023

83.3% of FY 2022-23 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE • Revenues $4.4 Million (85.4% of FY 2022-23 Adopted Budget FULL YEAR) - Property Tax $2,440.1 Thousand, 104.9% of FY 2022-23 Adopted Budget FULL YEAR: In April 2023, received secured property tax 3rd advance ($293k); VLF SWAP Taxes ($365k); secured property tax 4th advance ($93k).
- Licenses and Permits $639.5 Thousand, 70.0% of FY 2022-23 Adopted Budget FULL YEAR: In April, ten new business licenses processed and received $61k in construction permits including major projects on Palos Verdes Dr. ($17k) and Greenwood Ln ($16k) and Bruce Ave ($8k). - Franchise Fees $305.0Thousand, 98.4% of FY 2022-23 Adopted Budget FULL YEAR: Received franchise fees Pacific Gas & Electric ($74.3k), from City of Campbell, JPA ($1.3k) and West Valley Collection ($3.6k). - Intergovernmental $181.9 Thousand, 76.9% of FY 2022-23 Adopted Budget FULL YEAR: In April, received FY 2023 COPS ELEAS pass-thru for February 2023 ($29.5k), - Other Revenues $168.6 Thousand, 60.1% of FY 2022-23 Adopted Budget FULL YEAR: In April, received Road Impact fees from projects on Palos Verdes Dr. ($10.8k). - Gas Tax $132.9 Thousand, 69.6% of FY 2022-23 Adopted Budget FULL YEAR: Received Gas Tax revenue SB-1 revenue ($6.6k) and Gas Tax ($6.4k).
- Real Property Tax $70.3 Thousand, 48.5% of FY 2022-23 Adopted Budget FULL YEAR: Received real property transfer tax ($6.2k).
- Sales and Use Tax $11.6 Thousand, 96.3% of FY 2022-23 Adopted Budget FULL YEAR: Received Public Safety Sales Tax ($126).
- 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 $82.6 Thousand, 737.7% of FY 2022-23 Adopted Budget FULL YEAR: In April 2023, LAIF interest for the quarter January 1, 2023 to March 31, 2023 ($30.1k).

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2 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 April 2023

83.3% of FY 2022-23 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE • Expenditures $3.5 Million, 60.1% of FY 2022-23 Adopted Budget FULL YEAR - Personnel $1,063.5 Thousand, 70.6% 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 April 2023. - Law Enforcement $848.2 Thousand, 76.4% of FY 2022-23 Adopted Budget FULL YEAR: Paid monthly police services ($84.2k).
- Construction $28.1 Thousand, 2814.8% of FY 2022-23 Adopted Budget FULL YEAR: In April, paid Project Management and Staff Augmentation Support ($6.8k)
- General Government $327.2 Thousand, 71.8% of FY 2022-23 Adopted Budget FULL YEAR: In April, 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 $53.8 Thousand, 51.7% of FY 2022-23 Adopted Budget FULL YEAR: In April, paid ($6.2k) for the Bicycle & Pedestrian Master Plan project
- Administration $490.4 Thousand, 92.8% of FY 2022-23 Adopted Budget FULL YEAR: Paid contract services for City Engineer Consultant ($17.1k); Building Official Plan Check Consultant ($45.0k) and ePermit development Consultant ($6.8k).
- City Attorney $66.8 Thousand, 26.8% of FY 2022-23 Adopted Budget FULL YEAR: In April, paid $7.1k for City Attorney Services.
- City Audit $22.8 Thousand, 41.7% of FY 2022-23 Adopted Budget FULL YEAR: Paid State Controller Office to prepare and file Annual Street Report for FY 2021-22 ($3k). - Equipment / Improvements $32.0 Thousand, 35.7% of FY 2022-23 Adopted Budget FULL YEAR: None.

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DEMAND ACCOUNT REPORT For the period ending
April 30, 2023
Treasurer's Report - Part 3 of 4
April 30, 2023 March 31, 2023 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $1,248,610.47 $1,248,660.95 ($50.48)
Receipts and Interest Earned
Receipts for the period 890,389.06 320,377.87 $570,011.19 In April 2023, received secured property tax 3rd advance ($293k); VLF SWAP Taxes ($365k); secured property tax 4th advance ($93k); FY 2022-23 COPS ELEAS February 2023 pass-thru ($29.5k); PG&E Franchise fees ($74k); Permit fees on Palos Verdes ($37k) & Greenwood Ln ($17k); Bruce Lane ($8k); Unsecured taxes ($8k); Highway users tax ($6k); and Property Transfer tax ($6k).

Investment receipts during the period $0.00
Interest earned $0.00
Total Receipts and Interest Earned $890,389.06 $320,377.87 $570,011.19 Less: Disbursements
Cash disbursements during the period $257,998.46 $262,589.29 ($4,590.83) In April 2023, Police Services ($84.2k); Mello Pipelines Constitution Ave culvert Repair ($8.6k) and Constitution Ave Cul-De-Sac Clean silt and debris, clean out existing manhole and inlet ($8.6k). Net Pay to Staff employees ($50k); CalPERS Health premium ($15.3k); Plan Check Consultant ($11.9k); City Engineer Consultant ($17.1k); City Attorney services ($7.1k).

Invested during the period $0.00
GASB 68 Report & SSA fee $0.00
EFT(PERS retirement) $11,216.33 $11,216.33 $0.00
EFT (payroll taxes) $19,865.52 $19,865.58 ($0.06)
EFT (PERS health) $15,251.12 $22,471.09 ($7,219.97) Retroactive CalHealth premium for two staff rejoining CalPERS Plan - two months each ($7.2k) paid in March 2023.

EFT (EDD payroll taxes) $4,286.06 $4,286.06 $0.00
Bank fees $0.00
Total Disbursements $308,617.49 $320,428.35 ($11,810.86) ENDING BALANCE $1,830,382.04 $1,248,610.47 $581,771.57

BALANCE IN DEMAND ACCOUNTS
Checking $362,765.19 $211,855.74 $150,909.45
Savings $1,467,616.85 $1,036,754.73 $430,862.12
TOTAL DEMAND ACCOUNTS $1,830,382.04 $1,248,610.47 $581,771.57

FUND DISTRIBUTION IN DEMAND ACCOUNTS
General $1,056,458.98 $517,925.08 $538,533.90 Refer to detail above for cash receipts Law Enforcement $291,509.53 $262,047.76 $29,461.77 Received COPS ELEAS Feb 2023 for FY 2022-23 Traffic Safety $32,438.56 $32,140.98 $297.58 Received Bails and Fines - February 2023 Gas Tax (2107) $375,198.16 $362,244.29 $12,953.87 Received SB-1 Revenue ($6.6k) and Gas Tax Revenue ($6.4k).

Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $5,141.26 $4,616.81 $524.45 Received supplemental property tax and secured property tax Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $1,830,382.04 $1,248,610.47 $581,771.57

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City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
April 30, 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
3/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
4/30/2023 Comments
194,140.10 29,972.82 224,112.92
3,500,000.00 3,500,000.00
500,000.00 500,000.00 Received interest for period January 1, 2023 through March 31, 2023 200,000.00 200,000.00

0.00 0.00
4,394,140.10 29,972.82 0.00 0.00 4,424,112.92

0.00 0.00
136,751.55 932.79 137,684.34 Received interest for period January 1, 2023 through March 31, 2023 21,000.00 21,000.00
27,042.53 27,042.53

0.00 0.00
6,751.00 6,751.00
191,545.08 932.79 0.00 0.00 192,477.87
4,585,685.18 30,905.61 0.00 0.00 4,616,590.79
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.

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City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
April 30, 2023
Treasurer's Report - Part 4 of 4

ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT 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
3/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
4/30/2023 Comments
306,069.34 845,832.85 (458,208.40) 693,693.79
In April 2023, received secured property tax 3rd advance ($293k); VLF SWAP Taxes ($365k); secured property tax 4th advance ($93k); PG&E Franchise fees ($74k); Permit fees on Palos Verdes ($37k) & Greenwood Ln ($17k); Bruce Lane ($8k); Unsecured taxes ($8k); and Property Transfer tax ($6k).
262,047.76 29,461.77 291,509.53 Received FY 2022-23 COPS ELEAS February 2023 pass-thru ($29.5k) 32,140.98 297.58 32,438.56 Received Bails and Fines - February 2023 ($298) 362,244.29 12,953.87 375,198.16 Received Gas Tax Revenue ($6.4k); SB-1 Revenue ($6.6k) 69,523.86 0.00 69,523.86

72.75 0.00 72.75
4,616.81 524.45 5,141.26 Received Secured Property Tax 3rd Advance ($390) & 4th Advance ($125) and SB813 Supplemental Tax ($10)

38.94 0.00 38.94
1,036,754.73 889,070.52 (458,208.40) 0.00 1,467,616.85
211,855.74 (307,298.95) 458,208.40 362,765.19
In April 2023, Police Services ($84.2k); Mello Pipelines Constitution Ave culvert Repair ($8.6k) and Constitution Ave Cul-De-Sac Clean silt and debris, clean out existing manhole and inlet ($8.6k). Net Pay to Staff employees ($50k); CalPERS Health premium ($15.3k); Payroll taxes ($24.2k); CalPERS Retirement ($11.2k) Plan Check Consultant ($11.9k); City Engineer Consultant ($17.1k); and City Attorney services ($7.1k).
5,834,295.65 612,677.18 0.00 0.00 6,446,972.83
NOTES:

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2023-2024
Recommendation(s):

Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2023-2024.

Background Information:

The City of Monte Sereno adopted, and the voters approved by more than two-thirds of votes cast at the November 8, 1983 election, Ordinance No. NS-22 which levied a parcel tax for police services. Ordinance NS-22 empowered the City Council to suspend collection of all or part of the adopted and levied tax established and authorized the County of Santa Clara Tax Collector to collect one hundred fifty dollars ($150.00) per parcel. Approval of the proposed resolution would authorize the collection of the parcel tax for Fiscal Year 2023-2024.

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:

NS-22 Establishing Police Tax
Draft Resolution Police Levy Tax FY23-24

Page 39 of 111 ends

ORDINANCE NO. NS- 22

AN ORDINANCE OF THE CITY OF MONTE SERENO LEVYING

AND IMPOSING A SPECIAL REAL PROPERTY TAX FOR POLICE

PROTECTION SERVICES
The City Council of the City of Monte Sereno DOES ORDAIN as follows:

SECTION 1. PURPOSE AND INTENT.

At present the City of Monte Sereno (herein referred to as the "CITY"), provides police protection services by contract with another public agency, namely, the County of Santa Clara and the Office of the Sheriff thereof. As a result of the passage of Proposition 13 in June, 1978, the CITY is unable to increase property tax revenues to meet the anticipated annual increases in the cost of obtaining police protection services, either at the present level of service or better by contract with the County of Santa Clara, or with another public agency, as the case may be.

It is the purpose and intent of this Ordinance to impose a special real property tax pursuant to the provisions of California Government Code Section 53978 on real property, other than property owned by governmental agencies, within the CITY for the purpose of augmenting funding of police protection services in order to continue or improve the present level of service, but only to the extent necessary to balance the budget of CITY without the use of any unappro

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operating and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.

SECTION 2. DEFINITIONS.

The following definition shall apply throughout this Ordinance:
(a) "Parcel of property" shall mean any contiguous unit of improved or unimproved real property held in separate ownership, including, but not limited to any single family residence, or any other unit of real property subject to the California subdivided Lands Act (Bus. and Prof. Code 11000, et seq.).

SECTION 3. SPECIAL TAX LEVY.

There is hereby levied and assessed a special real property tax by the City of Monte Sereno on each parcel of property in the City of Monte Sereno in the sum of One Hundred Fifty Dollars ($150.00) per year for each parcel of property commencing with the fiscal year 1984-85.

The tax imposed by this Section shall be a tax upon each parcel of property, and the tax shall not be measured by the value of the property.

SECTION 4. ALTERATION OF TAX BY CITY COUNCIL.

The City Council, by three (3) affirmative votes, is empowered

Page 41 of 111 ends

accordance with the purposes set ?Xth’h1thisOrdinance, or that such part of said tax is not necessary in order to balance the budget of CITY without the use of any unappropriated reserve funds of the CITY.

Having suspended all or any part of the tax imposed by this Ordinance, the City Council, by three (3) affirmative votes, is empowered to increase the amount of the tax up to the amount stated in Section 3 of this Ordinance. Under no circumstances may the amount of the tax exceed that set forth in Section 3.

SECTION 5. DISBURSEMENT OF TAX.

The revenue raised by the real property tax levied by this Ordinance shall be placed in a special fund to be used only for the purposes of obtaining, furnishing, operating and maintaining police protection equipmentor apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.

SECTION 6. COLLECTION AND ADMINISTRATION.
(a) Liens. The special real property tax imposed under this Ordinance together with all penalties and interest thereon shall constitute a lien on the parcel of property upon which it is levied, in accordance with Revenue and Taxation Code Section 2187 and shall have the same effect as an ad valorem real property tax lien until

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and along with, and shall be subject to the same interest and penalties, as general ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY. The taxes on each parcel of property shall be billed on the secured roll tax bills and shall be collected in the same manner as ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY on the secured roll. Failure to pay when due will result in the imposition of penalties and interest in the same manner as if the taxes were ad valorem property taxes. (c) Recovery of County Costs. The County of Santa Clara shall be entitled to deduct the reasonable costs of collection and administration of this Ordinance before remitting the tax revenues collected to the CITY.
(d) Administrative Regulations. The City Council of the CITY by three (3) affirmative votes may from time to time adopt regulations necessary for the enforcement and administration of the special tax provided for herein, and to implement and make effective this Ordinance.

Such regulations shall be consistent with the purpose and intent of this Ordinance.

SECTION 7. APPEALS.

Any person aggrieved by the real property tax imposed pursuant to this Ordinance may, within the time fixed by the City Council, appeal the determination of the officers of the County of Santa Clara

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SECTION 8. EXEMPTIONS.

The special real property tax imposed by this Ordinance shall not apply to any parcel of property that is exempt from the real property tax imposed by this Ordinance pursuant to any provision of the Constitution or any paramount law.

SECTION 9. OPERATIVE DATE.

This Ordinance shall become operative only if this Ordinance is adopted by a vote of sufficient number of qualified electors as is required by paramount law to impose the real property tax described in this Ordinance.

SECTION 10. The qualified electors of the City of Monte Sereno intend by this Ordinance to satisfy the requirements of Section 4 of Article XIII of the Constitution of the State of California, and without limitation by Section 4 of Article XIII B thereof.

SECTION 11. SEVERABILITY CLAUSE.

If any section, subsection, sentence, phrase, portion or part of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitu

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Sereno in three

INTRODUCED
19th
ADOPTED at a regular meeting of the City Council held this day of JULY
I
AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ATTEST:

CITY CLERK
day of July
, 1983,
(3) public places.
at a regular meeting of the City Council held this
and thereafter PASSED AND
25th
1983, by the following roll call vote:

BAMFORD, CODY, WINCKLER, MAYOR FOLEY
NONE

BURGARD
__7. BY
.YOR
1: S15 A TRUEAND CORRECT .
-::r:»:‘/ or A czw o:.::‘)‘z-M cs‘; HO.(Z£“-2 7"
51'.’

Page 45 of 111 ends

STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.

CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No.

NS-Z2 was adopted by the City Council of the City of Monte Sereno at a regular meeting thereof, held on the 25th day of JULY C C 1983, and that the same was adopted by
9 the following vote:

AYES; Councilmen BAMFORD, copy, WINCKLER, MAYOR FOLEY
NOES: Councilmen NON
ABSENT: Councilmen BURGARD
ABSTAIN: Councilmen
WITNESS my hand and the official seal of said City this 18th day of
‘November
‘ ‘ , 1983.

Page 46 of 111 ends

STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.

CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No. NS-22 was adopted by the People of the City of Monte Sereno, California, by a two~thirds Vote of the qualified electors of the City at a Special Municipal Election held on November 8, 1983, the vote thereon by 583 Yes votes and _ 242 No votes.

WITNESS my hand and the official seal of said City this l8th
day of November , 1983.
5?

FAY FURTADO, CITY CLERK
(SEAL)

Page 47 of 111 ends

RESOLUTION NO. 23-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO ESTABLISHING

AND FIXING THE AMOUNT OF SPECIAL REAL PROPERTY TAX LEVY FOR POLICE

PROTECTION PURPOSES IN MONTE SERENO FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2023 AND ENDING ON JUNE 30, 2024
WHEREAS, the City of Monte Sereno adopted, and the voters approved by more than two-thirds of the votes cast at the November 8, 1983, election, Ordinance No. NS-22 which levied a parcel tax for police services as more specifically set out in Ordinance No.NS-22; and
WHEREAS, Ordinance No. NS-22 empowered the City Council, in its reasonable discretion and fiscal prudence, to suspend collection of all or part of the adopted and levied tax established therein; and
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector for the County of Santa Clara be provided a certified copy of this Resolution and be instructed to collect one hundred fifty dollars ($150.00) per parcel, as provided in Ordinance No. NS-22, in the City of Monte Sereno for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

This Resolution was PASSED and ADOPTED on the 15th day of August, 2023 at a duly held meeting ofthe City Council ofthe City of Monte Sereno, California, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________
Bryan Mekechuk, Mayor
ATTEST:
_________________________________
Gloisy Gonzalez-Gonzalez, City Clerk

Page 48 of 111 ends

STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Application 2023-3049 for a Use Permit at 18041 Saratoga Los Gatos Road to allow an existing building to be used as a community center and determine that the project is exempt from CEQA per CEQA Guidelines section 15303 – New Construction or Conversion of Small Structures.

Recommendation(s):

Staff recommends that the City Council adopt the draft Resolution and approve the Use Permit.

Background Information:

The subject property is located at 18041 Saratoga Los Gatos Road at the corner of Rose Avenue. The subject building is approximately 995 square feet and is located at the corner of the property near the intersection of the two streets. The building had been used by U.S. Post Office until 2016. In addition, the building was used as office space for the West Valley Clean Water Program until 2018. Since that time the building has been vacant.

At the City Council’s Annual Goal Setting Meeting on May 12, 2020, a proposal to repurpose the existing building was discussed. The concept included remodeling the building to allow for various types of community uses such as community interest classes, public or other civic meetings, community service organization meetings, a cooling center in extreme weather conditions, and available for private functions.

A Use Permit was approved by the City Council on November 17, 2020 to use the existing building as a community center. However, as the use did not commence within one year, that Use Permit has expired.

This application for a Use Permit is required by Monte Sereno Municipal Code section

10.05.040.B to use a building as a community center in the R-1-8 zoning district. Municipal Code section 10.10.010 requires that Use Permit applications be considered by the Site and Architectural Commission for a recommendation to the City Council. Final decision on the application will be made by the City Council.

The Site and Architectural Commission reviewed this application for Use Permit at their meeting on August 2, 2023. The Site and Architectural Commission approved a motion to

Page 49 of 111 ends

recommend that the City Council adopt the draft resolution and approve the Use Permit with a 4-0-1 vote with Commissioner Srivastava absent.

Analysis:

The subject building was constructed in the early 1960’s of wood framing and wood exterior siding. The proposal includes an addition to the building of approximately 460 square feet. As the proposed addition is not more than 500 square feet, a Site Development Permit is not required in accordance with Municipal Code section 10.08.040.

The site currently has vehicular access from both Saratoga Los Gatos Road and Rose Avenue. The current location of the driveway along Saratoga Los Gatos Road is less than 150 feet from the intersection of Rose Avenue. Current highway safety standards do not allow for a driveway to be in such close proximity to an intersection. The proposed project will include the closure of the vehicular driveway along Saratoga Los Gatos Road. This will also eliminate the current mailbox located along this driveway. Staff will work with the U.S. Post Office to relocate the mailbox onsite.

The proposed interior improvements will remodel the existing building and add additional square footage to provide meeting and gathering rooms as well as a full kitchen, two bathrooms, and a shower facility. It is anticipated that the maximum occupancy of the building will be 50 people.

The proposed exterior improvements include an approximately 350 square foot covered veranda and a new pedestrian path between Saratoga Los Gatos Road and the parking lot.

With the closure of the vehicular driveway along Saratoga Los Gatos Road, additional parking spaces will be provided along the front of the proposed community center building which will increase the total number on-site parking spaces from 29 to 31. With the existing uses at the site, the parking lot is underused with approximately 75% of the parking spaces unoccupied during business hours (not including current overflow parking temporarily being used by those working at a nearby construction site). The proposed plans also include a conceptual landscape plan for the area along Saratoga Los Gatos Road.

Request for a Use Permit
Pursuant to Monte Sereno Municipal Code section 10.05.040.B, a Use Permit is required to establish a new community center use in the R-1-8 zoning district. Section 10.10.010 of the City of Monte Sereno Municipal Code provides that the City Council, in its discretion, may issue permits for such uses. In considering an application for a Use Permit, the City Council shall consider the recommendation of the Site and Architecture Commission.

In considering Use Permit applications, the City Council is to consider whether:

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

2. The granting of such permit will not, under the circumstances of the particular case, materially affect adversely the health, welfare or safety of persons residing or working in

Page 50 of 111 ends

the neighborhood of the property of the applicant, nor be materially detrimental to the public welfare or injurious to property or improvements in the community.

The Municipal Code also provides specific Findings that must be made by the City Council in order to grant a Use Permit. Following are each of these Findings along with the staff analysis in italics:

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

The existing site is already a public facility and the specific building was previously used as a public facility. The proposed use of a community center is a permitted use within the zoning district subject to a use permit. As the proposed use is a minor expansion of the existing and previous uses on the site, the proposed use will not impair the integrity and character of the zoning district.

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

The proposed use will provide a community benefit and will enhance public health, safety, and generalwelfare through uses such as community/neighborhood meetings, community interest classes, and a cooling facility during inclement weather.

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

The proposed use meets the following guiding principals of the Monte Sereno General Plan:

Community Character – The proposed use maintains the unique residential character of Monte Sereno by maintaining the single-story character of the existing building and provides a community center available for use by residents.

Environmental Sustainability – The proposed use protects natural resources and minimizes impacts on the environment as the building will be all-electric with no natural gas equipment or appliances, thereby reducing carbon emissions from the facility.

Quality Public Service – High-quality services will be provided to Monte Sereno residents with the proposed use as the facility will provide community meeting and gathering space that is currently not available in the city.

Community Safety – The proposed use would also serve as a cooling center for Monte Sereno residents during periods of high temperatures and may provide a place for residents to gather during power outages as the building will have battery back-up facilities. These services will help protect residents from natural or man-made disasters.

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

The proposed use will decrease vehicle miles traveled (VMT) as residents, staff and members of the public currently travel further for gathering spaces and services.

Additionally, the project involves alterations to and expansion of an existing structure and minor landscaping work, all of which is typically exempt from CEQA. There is no reasonable possibility of creating a substantial adverse impact on the environment.

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

To avoid any potential parking impacts on the neighboring streets and properties, scheduling of events at the proposed community center and the existing City Hall will be done in a manner to avoid simultaneous events that could be anticipated to exceed the parking space capacity provided on-site.

Staff recommends that the Site and Architectural Commission recommend the City Council approve the Use Permit as all required findings, as noted above, can be met to grant the application.

California Environmental Quality Act:

This project is categorically exempt from CEQA per CEQA Guidelines section 15303 – New Construction or Conversion of Small Structures (Class 3).

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

Public Noticing:

Page 52 of 111 ends

A public notice was mailed on August 4, 2023 to all property owners and residents within 300 feet of the subject property. A hearing notice was posted at three locations within the City and on the subject property on August 4, 2023. An agenda for this meeting was posted on the City’s webpage on August 11, 2023.

Attachments:

1. Proposed Plans

2. Draft Resolution

Page 53 of 111 ends

REVISIONS
DATE:

SCALE:
51 U
NIV
E
RSIT
Y
AV
E."L" • L
OS G
AT
OS, C
A. • 95030 • (408) 395-2555
N
OTE:
•The
C
ontractor shall v
erify all dimensions,
ele
vations and conditions, prior to starting
any field work.•Any d
e
viation calle
d
by field conditions,
or any conditions different from thoseindicate
d
on the
plans shall b
e
brought
to the
Architect's attention prior to
installation.

S H E E T
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D, M
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S
E
R
E
N
O, C
A

AS SHOWN
A-1
07/13/23

COVER SHEET
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10

COVER SHEET

DEMO SITE PLAN

PROPOSED SITE PLAN
AS-BUILT/DEMO FLOOR PLAN & DEMO CALCUAT…

PROPOSED FLOOR PLAN

AS-BUILT/DEMO & PROPOSED ROOF PLAN

AS-BUILT/DEMO ELEVATIONS

PROPOSED ELEVATIONS

CROSS SECTIONS

INTERIOR VIEWS

PROJECT DATA
PROJECT ADDRESS:

APN#:

ZONING:

OCCUPANCY GROUP:

CONSTRUCTION TYPE:

GROSS & NET SITE AREA:

AVERAGE SLOPE:
18041 SARATOGA-LOS GATOS ROAD
MONTE SERENO, CA 95030
410-17-095
R-1-8
A-3

V-B, SPRINKLERED
26,055 SF
<5%
PROPOSED FLOOR AREAS:

EXISTING FLOOR AREA
EXISTING 3-SIDED COVERED AREA

ADDITION

TOTAL FLOOR AREA

EXISTING COVERED PORCH

NEW VERANDA

DEMOLISHED PORCH
995 SF
10 SF
460 SF
1,465 SF
170 SF
350 SF
151 SF
*
* PREVIOUSLY REPORTED AT 947 SF.

PROJECT DIRECTORY
ARCHITECT:

KOHLSAAT & ASSOCIATES
51 UNIVERSITY AVENUE, SUITE L
LOS GATOS, CA 95030
TEL: (408) 395-2555

SCOPE OF WORK

THE PROJECT AIM IS TO CREATE A MULTI-PURPOSE

COMMUNITY CENTER FOR MONTE SERENO AND IT'S
RESIDENTS. THE EXISTING POST OFFICE BUILDING WILL

UNDERGO A COMPLETE RENOVATION AND ADDITION WHICH

INCLUDES NEW INTERIOR SPACES, EXTERIOR FINISHES,
SEISMIC UPGRADES AND FULL ADA COMPLIANCE. THE

COMMUNITY CENTER WILL ALSO SERVE AS A LEARNING
CENTER SHOWCASING THE LATEST BUILDING TECHNOLOGIES.

SURVEYOR:

ROBERT J. CRAIG
966 ELSIE MAE DRIVE
BOULDER CREEK, CA 95006
TEL: (831) 359-1750

VICINITY MAP SHEET INDEX
SITE

MONTE SERENO COMMUNITY CENTER

Page 54 of 111 ends

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S
E
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N
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A

AS SHOWN
A-2
07/13/23

DEMO SITE
PLAN
22'-6" SIDE SETBACK
3 0'-
0" R
E
A
R
S
E
T
B
A
C
K
15'-0"

SIDE SETBACK
18'-61/2"
995 sq ft

REMOVE EXISTING

DRIVEWAY PAVING

REMOVE EXISTING

DRIVEWAY PAVING
REMOVE

EXISTING

DRIVEWAY
PAVING

REMOVE EXISTING ENTRANCE

EXISTING FENCE

TREE TO BE REMOVED
(E) MONTE SERENO CITY HALL
(R) COMMUNITY
CENTER
SA R A T OGA - L OS GA T OS R OA D (60')
R
O
S
E
A
V
E
N
U
E
450
455
455
455

EXISTING COVERED PORCH
S
3 5° 0
0' W 13

3. 8
5'
N53°00'W 10.69'
S35°00'W 2.49'
N55° 00' W 34. 97'
N35°00'E 7.21'
N53° 09' 02" W 24. 98'
S35°00'W 3.85'
N53° 05' 58" W 52. 00' N52° 36' 2 1" W 73. 00'

2.00'
-
N
3 5° 0
0' E 12

8. 8
7'
T8-10
T8-10
T6-10
T8-12
T8-12
T6-10
T8-12
T4-4
T36-CLUSTER
T20-CLUSTER
T20-CLUSTER
T18-22
T18-20
T28-30 T4-10 T26-30
T24-24
T20-CLUSTER
T24-CLUSTER T30-30
8T6-16
T2-4
T18-30
T6-12
T4-8
T16-20
T10-16
T24-30
T12-16
T6-10

EXISTING COVERED PORCH
g a r a g e
b u i l d i n g
N
O
PA
R
KIN
G

NO PARKING

D A O R S OT A G S OL- A G OT A R A S
R
O
S
E
A
V
E
N
U
E
T28 3- 0
SSCO
GM
454.50
FF-TH
Electric Meter

SSCO SSCO
electric panel
gas meter
CATV
ELBX
454.46
FF-TH 454.48
FF-TH
454.48
FF-TH
WM

MAILBOX
SL

BOLLARD

BOLLARD
454.16
SSMH
454.25
FF-TH
454.24
FF-TH
456.80
FF-TH
SSCO
WV WV
utility
ST.SIGN
WM
454.59
453.06 UTMH
SSMH

NO PARKING SIGN
JP
ATTBX
WM
WM

58.84 S53° 00' 00"E 136.81 S53° 00' 00"E
N
3 5° 0
0' 0
0"E 12

8.8 7

89. 42
54 . 2 5
54 5
457
4 .5
50 452 5.
455
4 5

3.5 453
453 5.
354
SCALE: 1" = 10'

DEMO SITE PLAN

Page 55 of 111 ends

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A
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G
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S
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N
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AS SHOWN
A-3
07/13/23

PROPOSED

SITE PLAN
22'-6" SIDE SETBACK
3 0'-
0" R
E
A
R
S
E
T
B
A
C
K
15'-0"

SIDE SETBACK
11'-0"
23'-0"
15'-
0" 2
0'-
0"
3 0'-
0" F
R
O
N
T
S
E
T
B
A
C
K
18'-61/2"
995 sq ft
FUTURE

ENTRY ARBOR

FUTURE PAVED PATHS,

CONCRETE OR METAL PLANTER BOXES
(N) MAIN POWER PANEL
(N) AC COMPRESSOR (2)

FUTURE PAVED PATHS,
(N) MAIN ENTRANCE

TREE TO BE REMOVED

POTENTIAL NEW FENCE
(E) MONTE SERENO CITY HALL
(R) COMMUNITY
CENTER

ADDITION

I A M OBL X
SA R A T OGA - L OS GA T OS R OA D (60')
R
O
S
E
A
V
E
N
U
E
HC
CA
450
455
455
455
P.P.

EXISTING COVERED PORCH
S
3 5° 0
0' W 13

3. 8
5'
N53°00'W 10.69'
S35°00'W 2.49'
N55° 00' W 34. 97'
N35°00'E 7.21'
N53° 09' 02" W 24. 98'
S35°00'W 3.85'
N53° 05' 58" W 52. 00' N52° 36' 2 1" W 73. 00'

2.00'
-
N
3 5° 0
0' E 12

EXISTING COVERED PORCH
g a r a g e
b u i l d i n g
N
O
PA
R
KIN
G

NO PARKING

D A O R S OT A G S OL- A G OT A R A S
R
O
S
E
A
V
E
N
U
E
T28 3- 0
SSCO
GM
454.50
FF-TH
Electric Meter

SSCO SSCO
electric panel
gas meter
CATV
ELBX
454.46
FF-TH 454.48
FF-TH
454.48
FF-TH
WM

MAILBOX
SL

BOLLARD

BOLLARD
454.16
SSMH
454.25
FF-TH
454.24
FF-TH
456.80
FF-TH
SSCO
WV WV
utility
ST.SIGN
WM
454.59
453.06 UTMH
SSMH

NO PARKING SIGN
JP
ATTBX
WM
WM

58.84 S53° 00' 00"E 136.81 S53° 00' 00"E
N
3 5° 0
0' 0
0"E 12

8.8 7

89. 42
54 . 2 5
54 5
457
4 .5
50 452 5.
455
4 5

3.5 453
453 5.
354

NEW COVERED

VERANDA
SCALE: 1" = 10'

PROPOSED SITE PLAN
GENERAL NOTES:
1 COLLECT & STORE GRAY WATER FOR LANDSCAPE IRRIGATION

2. COLLECT AND STORE HARDSCAPE & ROOF DRAINAGE FOR LANDSCAPE IRRIGATION

3. GREEN STORM WATER INFRASTRUCTURE (GSI) IN DESIGN PHASE ITEMS TO CONSIDER FOR FUTURE PHASES:
- LANDSCAPING
- IRRIGATION
- REPAVING
- PARKING RE-STRIPING
- NEW FENCES
- GRADING OF WEST SIDE PARKING SPACES

Page 56 of 111 ends

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S
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N
O, C
A

AS SHOWN
A-4
07/13/23

AS-BUILT/
DEMO

FLOOR PLAN
& DEMO

CALCUATION
S
10'-
3" 19'-
9"
4'-0"
1'-10"
7'-5" 6'-0" 4'-7
1/2"
1'-1
1/2"
2'-7
1/2"
1'-3"
4'-7
1/2"
14'-1" 1'-
3" 7'-11" 2'-
8" 4'-1"
13'-81/4" 6'-1
1/2" 6'-71/4" 6'-6" 7"

REMOVE COLUMNS

REMOVE PORCH SLAB, RAILING & ROOF
(D) MEETING
ROOM
(D) MEETING
ROOM
(D) POST OFFICE (D) POST OFFICE
(D) HALF
BATH
(D) COVERED PORCH
(E) COVERED PORCH

DEMO CALCULATIONS

WALLS TO REMAIN/

FILL IN

WALL TO REMOVE/

NEW OPENING
10'-0"
4'-0"
7'-5"
4'-7½"
2'-7½"
4'-7½"
4'-1"
7'-11"
14'-1"
6'-0"
13'-5"
6'-10½"
85'-8"
20'-0"
1'-10"
6'-0"
1'-1½"
1'-3"
2'-8"
1'-3"
1'-1"
6'-1½"
41'-4"
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO FLOOR PLAN

Page 57 of 111 ends

REVISIONS
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AS SHOWN
A-5
07/13/23

PROPOSED

FLOOR PLAN
D
W
Fixed
2'-8" x 4'
Fixed
5' x 5'
Csmt
2'-8" x
4'
Csmt
2'-8" x
4'
Fixed
2'-8" x 4'
2' x 8'
PR French
6' x 8'
Fixed
5' x 5'
Fixed
5' x 5'
Csmt
2'-8" x
4'
Csmt
2'-8" x
4'
6-leaf Bi-fold
18' x 8'
16' x
9'
3' x 8'
4'-6" x 7'
3' x
8'
3' x
8'
R
C
O
O
K
T
OP
1 A-9
14'-
9" 2
0'-
0"
23'-0" 20'-3" 13'-3"
4'-
9" 10'-
0" 2
0'-
0"
6'-0" 7'-3" 7'-0" 13'-3"
11'-10" 56'-6"
B
A-9
B
A-9
C
A-9
C
A-9
A C
C
D
E
E
F
K
M
N
O
P
P
P
R
R
R
S
S
T
T
W
W
N
Y
XY
Z
Z
AA
C
H
T
E E
B
J
I U
S
AA
R
X
V
S
Q
L
(N) GATHERING ROOM
(E) COVERED PORCH
(N) KITCHEN

STORAGE
(N) MEETING ROOM
(N) COVERED

VERANDA
compressor
skylight
compressor

NEW EXISTING
double
ovens
supply
cabinet
(N) ENTRY
server
rack
janitorial
supplies
mop
sink

ALL GENDER

RESTROOM
bench

ALL GENDER

RESTROOM
A
A-9
A
A-9
G
A
B
C
D
E
F
G
H
I
J
K
L
M
O
N
P
Q
R
S
T
U
V
W
X
Y
Z
AA

EQUIPMENT

FINISHES

STRUCTURE
NEW 2X9 WALL FRAMING
18" HARDI PANEL, TYP. @ WING WALLS
NEW 2X FURRING WALLS, SEE DETAIL
NEW 2X6 WALL FRAMING

NEW INDUCTION COOKTOP

NEW ELECTRIC OVENS

NEW HIGH EFFICIENCY DISHWASHER

NEW SERVER RACK

NEW ELECTRIC HEAT PUMP WATER HEATER W/ RECIRCULATION PUMP

NEW ELECTRIC, HEAT PUMP DUCTED, SPLIT HVAC SYSTEM IN ATTIC

NEW SMART BUILDING CONTROLS (SPAN)

NEW ELECTRIC FIREPLACE
PREWIRE FOR FUTURE ELEC. READIANT HEAT CEILING UNITS
CEDAR WRAP @ EXISTING & NEW COLUMNS

NEW HSS COLUMNS

ALL WINDOWS, DOORS & OPENINGS TO HAVE WOOD CASING

NEW MAIN POWER PANEL - SERVING BOTH BUILDINGS

BATTERY STORAGE PANELS
'QUIETROCK' DRYWALL ALL INTERIOR WALLS ADJACENT TO STREET 5/8" GYPSUM BOARD @ ALL OTHER INTERIOR WALLS

PREFABRICATED SHOWER ENCLOSURE, ADA COMPLIANT W/ GRAB BARS AND BENCH

LUXURY VINYL WOOD PLANK FLOORING
PORCELAIN TILES @ RESTROOM FLOOR & WAINSCOT
PORCELAIN TILES @ EXTERIOR PATIOS

BABY CHANGING STATION

DECORATIVE RIDGE BEAM AND TRUSS

NEW SUNTUNNEL SKYLIGHT
SCALE: 1/4" = 1'-0"

PROPOSED FLOOR PLAN
GENERAL NOTES:

POWER SUPPLY & CONNECTIVITY:

1. PROVIDE PHOTOVOLTAIC PANELS

2. PROVIDE BATTERY STORAGE

3. CONNECT CITY HALL POWER TO COMMUNITY CENTER POWER & PROVIDE ONE MAIN PANEL

4. CONNECT GAS GENERATOR TO COMMUNITY CENTER FOR EMERGENCY BACK-UP POWER

5. SMART BUILDING CONTROLS (SPAN)

6. CONNECT WIFI BETWEEN COMMUNITY CENTER & CITY HALL
ENERGY CONSUMING COMPONENTS:

7. NEW HVAC SYSTEM: HEAT-PUMP, SPLIT SYSTEM WITH DUCTS

8. HEAT-PUMP WATER HEATER W/ RECIRCULATION PUMP

9. INDUCTION COOKTOP & ELECTRIC OVEN

10. ALL LED LIGHTING W/ CENTRAL CONTROL SYSTEM

11. LINK ELECTRIC VEHICLE CHARGING STATION

12. PRE-WIRE FOR ELECTRIC RADIANT HEATERS @ COVERED VERNANDA

13. ELECTRIC FIREPLACE
WATER CONSUMPTION & RECLAMATION:

14. LOW FLOW TOILET & URINAL

15. SINKS & SHOWER TO CONNECT TO GRAY WATER SYSTEM

16. COLLECT ROOF WATER DRAINAGE TO STORAGE TANKS
SPECIFIC NOTES:

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A

AS SHOWN
A-6
07/13/23

AS-BUILT/
DEMO &

PROPOSED

ROOF PLAN
B
A-9
B
A-9
C
A-9

EXISTING

FRAMING TO
REMAIN

CALIFORNIA FRAMING

OVER THIS SECTION EXISTING PORCH ROOF TO BE REMOVED

EXISTING EAVE
& GUTTER

TO BE REMOVED

RREEMMOOVVEESSKKYYLLIGIGHHTTSSAANNDDPINAFTICLHL
3/12
4 /12
4 /12
4¼/12
4¼/12
4¼/12
4¼/12
(E) RID
G
E
(E) RIDGE (E) RIDGE
(E) VALLEY
(E) VALLEY
B
A-9
B
A-9
C
A-9
C
A-9

NEW ARCHITECTURAL

COMPOSITION SHINGLE

ROOFING

EXISTING

GUTTER TO
REMAIN

NEW CALIFORNIA FRAMING & COMPOSITION

SHINGLE ROOF
(N) GUTTER TO MATCH EXISTING
(N) GUTTER TO MATCH EXISTING
(N) PHOTOVOLTAIC PANELS,

QUANTITY & LOCATION TBD

SUNTUNNEL

SKYLIGHT

NEW ARCHITECTURAL

COMPOSITION SHINGLE

ROOFING
4 /12
4 /12
4¼/12
4¼/12
4¼/12
4¼/12
4 /12
4 /12
4¼/12
4¼/12
(E) RID
G
E

N) RIDGE (E) RIDGE (E) RIDGE
(N) RID
G
E
(N) VALLEY
(N) VALLEY
(E) VALLEY
(E) VALLEY
A
A-9
A
A-9
(N) GUTTER TO MATCH EXISTING
(N) CLASS 'A' ROOF ASSEMBLY,

PVC MEMBRANE ROOFING
BY IB ROOFING, 50 MIL.

INSTALLED PER MANUF. SPECS &

INSTRUCTS, O/ SLOPED RIGID
FOAM
(N) PHOTOVOLTAIC PANELS,

QUANTITY & LOCATION TBD
(N) FIXED,

CURB-MOUNTED

SKYLIGHT
(N) DEC. METAL

CHIMNEY CAP

NEW LOW SLOPE ROOF
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO ROOF PLAN
SCALE: 1/4" = 1'-0"

PROPOSED ROOF PLAN

Page 59 of 111 ends

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AS-BUILT/
DEMO

ELEVATIONS
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE

REMOVE COLUMN REMOVE COLUMN
MAINTAIN (E) COMP.

SHINGLE ROOF (E) SKYLIGHTS TO BE REMOVED
(D)
(D)
(D)
(D)

REMOVE VERTICAL SIDING

REMOVE & INFILL

ATTIC DOOR
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
REMOVE

PORCH ROOF
(E) COMP. SHINGLE ROOF TO REMAIN

REMOVE REMOVE VERTICAL SIDING

CONCRETE SLAB
(E) SKYLIGHTS TO BE REMOVED
(N) PHOTOVOLTAIC PANELS
(D)
REMOVE

REMOVE VERTICAL SIDING CONCRETE SLAB
(E) COMP. SHINGLE ROOF TO REMAIN
(E) DUTCH GABLE TO REMAIN REMOVE

PORCH ROOF
(D) (D) (D)
-2'-5"
(N) FINISHED FLOOR
0"
(E) FLOOR
7'-8"
(E) PLATE
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
REMOVE

PORCH ROOF

REMOVE VERTICAL SIDING
REMOVE

CONCRETE SLAB
(E) DUTCH GABLE TO REMAIN
(E) COMP. SHINGLE

ROOF TO REMAIN (E) SKYLIGHTS TO BE

REMOVED & PATCHED
(D)
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO FRONT ELEVATION
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO LEFT ELEVATION
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO REAR ELEVATION
SCALE: 1/4" = 1'-0"

AS-BUILT/DEMO RIGHT ELEVATION

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PROPOSED

ELEVATIONS
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
10'-1"
7'-
8"
(N) BOARD & BATTEN SIDING;

HARDIE BOARDS W/ CEDAR
BATTENS @ 16" O.C.
(N) BOARD & BATTEN SIDING;

HARDIE BOARDS W/ CEDAR
BATTENS @ 16" O.C.
(N) COMP. SHINGLE ROOFING

TO MATCH EXISTING
(E) COMP. SHINGLE ROOFING

TO REMAIN
(N) METAL GUTTERS TO MATCH EXISTING
(N) WRAPPED COLUMNS
W/ 1X CEDAR,

W/CAP & BASE
(N) 2X12 CEDAR

BELLY BAND
(N) ALUM. CLAD WOOD FRAMED BI-FOLDING DOORS

WRAPPED WOOD BEAMS
(N) ALUM. CLAD WOOD FRAMED DOORS &
WINDOWS W/ 5/4 CASING & SILL

NEW EXISTING
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
(N) ALUM. CLAD WOOD FRAMED DOORS &
WINDOWS W/ 5/4 CASING & SILL
(N) WRAPPED COLUMNS
W/ 1X CEDAR,

W/CAP & BASE
(N) BOARD & BATTEN SIDING;

HARDIE BOARDS W/ CEDAR
BATTENS @ 16" O.C.

WRAPPED WOOD BEAMS
(E) COMP. SHINGLE ROOFING

TO REMAIN
(N) METAL GUTTERS

TO MATCH EXISTING
(N) BARGE RAFTERS
& FASCIA BOARDS

TO MATCH EXISTING
(N) METAL GUTTERS

TO MATCH EXISTING
STONE VENEER @

NEW DECORATIVE CHIMNEY
(N) PHOTOVOLTAIC PANELS
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
(N) ALUM. CLAD WOOD FRAMED DOORS &
(N) BOARD & BATTEN SIDING; WINDOWS W/ 5/4 CASING & SILL

HARDIE BOARDS W/ CEDAR
BATTENS @ 16" O.C.
(E) COMP. SHINGLE

ROOFING

TO REMAIN
(E) COMP. SHINGLE

ROOFING TO REMAIN
(N) METAL GUTTERS TO MATCH EXISTING
(N) BARGE RAFTERS
& FASCIA BOARDS

TO MATCH EXISTING
(N) PHOTOVOLTAIC PANELS
(N) COMP. SHINGLE ROOFING

TO MATCH EXISTING
STONE VENEER @ DECORATIVE CHIMNEY

EXISTING NEW
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
(E) COLUMN, WRAPPED
W/ 1X CEDAR,

W/CAP & BASE
(N) ALUM. CLAD WOOD FRAMED
DOORS & WINDOWS W/ 5/4 CASING
& SILL
(N) BOARD & BATTEN SIDING;

HARDIE BOARDS W/ CEDAR
BATTENS @ 16" O.C.

WRAP EXISTING

WOOD BEAMS
(E) COMP. SHINGLE ROOFING

TO REMAIN
(N) METAL GUTTERS

TO MATCH EXISTING

NEW SUNTUNNEL

SKYLIGHTS
SCALE: 1/4" = 1'-0"

PROPOSED FRONT ELEVATION
SCALE: 1/4" = 1'-0"

PROPOSED LEFT ELEVATION
SCALE: 1/4" = 1'-0"

PROPOSED REAR ELEVATION
SCALE: 1/4" = 1'-0"

PROPOSED RIGHT ELEVATION
* ALL EXTERIOR SIDING & TRIM TO BE PAINTED

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CROSS

SECTIONS
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
10'-1"
(N) CLOSED-CELL

SPRAY-FOAM INSULATION
(N) BATT INSULATION
'QUIETROCK' DRYWALL
(N) 5" CONC. SLAB O/ WATERPROOF MEMBRANE
O/ 6" CRUSHED ROCK, SPECS TBD
1X6, 'V' GROOVE, PLANKING
(N) CLASS 'A' ROOF ASSEMBLY, PVC MEMBRANE ROOFING
BY IB ROOFING, 50 MIL. INSTALLED PER MANUF. SPECS &

INSTRUCTS, O/ SLOPED RIGID FOAM

CURB MOUNTED FIXED SKYLIGHT
(N) GATHERING ROOM (N) COVERED PORCH
(N) RIGID INSULATION
@ CONC. CURB

FURRING
-2'-5"
(E)&(N) F.F.
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
7'-8"
(E) PLATE
(N) CLOSED-CELL

SPRAY-FOAM INSULATION
'QUIETROCK' DRYWALL
(N) BATT INSULATION
(N) DEC. RIDGE BEAM
(N) CLOSED-CELL

SPRAY-FOAM INSULATION

BETWEEN EXISTING RAFTERS
(N) BATT INSULATION
(N) 5/8" DRYWALL
@ UNDERSIDE OF RAFTERS
ADD 2X8'S BETWEEN (E) 4X8 RAFTERS FOR

DRYWALL ATTACHMENT
(N) 5" CONC. SLAB O/ WATERPROOF MEMBRANE
O/ 6" CRUSHED ROCK, SPECS TBD
(N) VESTIBULE
(N) MEETING ROOM
(E)

COVERED
PORCH
(CONDITIONED ATTIC)
1 A-9
10'-1"
-2'-5"
(E)&(N) F.F.
-2'-5"
(E)&(N) F.F.
0"
(D) F.F.
0"
(D) F.F.
7'-8"
(E) PLATE
7'-8"
(E) PLATE
(N) BATT INSULATION
(N) BATT INSULATION
'QUIETROCK' DRYWALL
(N) CLOSED-CELL

SPRAY-FOAM INSULATION

BETWEEN EXISTING RAFTERS
(N) CLOSED-CELL

SPRAY-FOAM INSULATION
(N) 5/8" DRYWALL
@ UNDERSIDE OF RAFTERS
ADD 2X8'S BETWEEN (E) 4X8

RAFTERS FOR DRYWALL

ATTACHMENT
(N) 5" CONC. SLAB O/ WATERPROOF MEMBRANE
O/ 6" CRUSHED ROCK, SPECS TBD
(N) 5" CONC. SLAB O/ WATERPROOF MEMBRANE
O/ 6" CRUSHED ROCK, SPECS TBD
(N) KITCHEN (N) MEETING ROOM (N) GATHERING ROOM
1 A-9
10'-1"
(N) RIGID INSULATION
@ CONC. CURB

FURRING
(N) RIGID INSLUATION
@ CONC. CURB

FURRING
1X3 CEDAR BATTENS
SPACED @ 16" O.C.
1/2" HARDIE-BOARD
'QUIETROCK' DRYWALL @ EXTERIOR
WALLS ADJACENT TO STREET;
5/8" DRYWALL AT ALL OTHER
(N) BATT INSULATION, TYP. LOCATIONS
(E) 2X4 WALL (N) 2X6 WALL
(N) 2X P.T.D.F. STUDS @ 16" O.C.

FLAT FRAMED, W/ RIGID INSULATION
(E) CONC. STEM WALL & FOOTING

FLOOR FRAMING

TO BE REMOVED
(N) 5" CONC. SLAB O/ WATERPROOF MEMBRANE
O/ 6" CRUSHED ROCK, SPECS TBD
(N) FLOOR FINISH, TBD
(N) 2X10 P.T.D.F. MUDSILL
(N) 1/2" OSB

PLYWOOD SHEATHING
(N) CRIPPLE STUD @ 16" O.C.
(SHADED AREA)
(E) SILL PLATE
(E) 2X BLOCK
(N) 2X BLOCK (N) BOLT, EPOXIED INTO (E) CONC. FOOTING
DOWEL INTO EXISTING CONC. FOOTING
SCALE: 1/4" = 1'-0"

SECTION A-A
SCALE: 1/4" = 1'-0"

SECTION B-B
SCALE: 1/4" = 1'-0"
1 SCALE: 1" = 1'-0" SECTION C-C
SLAB DETAIL @ (E) FNDN

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INTERIOR
VIEWS

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO APPROVING A USE PERMIT (2023-3049) FOR THE PROPERTY LOCATED AT 18041 SARATOGA-LOS GATOS ROAD (CITY OF MONTE SERENO).

WHEREAS, City staff initiated an application for approval of Use Permit, Application No. 2023-3049 (“Application”) on behalf of the City of Monte Sereno (referred to as “Applicant”), for use of an existing City facility at 18041 Saratoga-Los Gatos Road as a community center; and
WHEREAS, a public hearing before the Site and Architecture Committee was held on August 2, 2023 to take evidence on the Application and at that hearing evidence was given both orally and in writing; and
WHEREAS, on August 15, 2023, the City Council held a public hearing and the City Council has considered all the evidence presented regarding the Application, including reports, written submissions, and testimony made by the applicant, staff, and members of the public.

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

Section 1. In accordance with Monte Sereno Municipal Code section 10.08.010, the City Council hereby finds as follows with respect to the criteria for the grant of a Use Permit:

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

As the proposed use is a minor expansion of the existing and previous uses on the site, the proposed use will not impair the integrity and character of the zoning district.

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

The proposed use will provide a community benefit and will enhance public health, safety, and general welfare through uses such as community/neighborhood meetings, community interest classes, a cooling facility during inclement weather, and available for private functions.

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

The proposed use meets the following guiding principles of the Monte Sereno General Plan:

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

The proposed use will decrease vehicle miles traveled (VMT) as residents, staff and members of the public currently travel further for gathering spaces and services. Additionally, the project involves alterations to and expansion of an existing structure and minor landscaping work, all of which is typically exempt from CEQA. There is no reasonable possibility of creating a substantial adverse impact on the environment.

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

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that could be anticipated to exceed the parking space capacity provided on-site.

Section 2. In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt from CEQA per CEQA Guidelines section 15302 – New Construction and Conversion of Small Structures (Class 3).

Section 3. Based upon the findings set out above, the City Council hereby determines, concludes, and orders the Use Permit approved.

REGULARLY APPROVED this 15th day of August 2023 by the following roll call vote:

Ayes:

Noes:

Abstain:

Absent:
______________________________
BY: Bryan Mekechuk, Mayor
ATTEST:
______________________________
Gloisy Gonzalez-Langarica, City Clerk

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and Waiver of First Reading of Ordinance No. NS-236, an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors) and Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage
Recommendation(s):

Staff recommends the City Council introduce and waive the first reading of Ordinance No. NS236.

Background Information:

At the December 20, 2022 City Council meeting, Vice Mayor Wolsheimer requested a possible ban on gas-powered leaf blowers be discussed at a future City Council meeting. At the March 3, 2023 City Council meeting, the City Council directed staff to reach out to the community to solicit feedback on a potential ban on gas powered leaf blowers and provide this information to the City Council at a future meeting.

Analysis:

According to the California Air Resources Board, the volume of smog-forming emissions from gas-powered leaf blowers, lawn mowers, hedge trimmers, edgers, and other small off-road engines (SORE) has surpassed emissions from light-duty passenger cars and is projected to be nearly twice those of passenger cars by 2031. A commercial operator using a backpack leaf blower for one hour generates the same smog-forming emissions as a car driving 1,100 miles.

In October 2021, Governor Newsom signed AB 1346 which will ban the sale of new gaspowered leaf blowers, lawn mowers, hedge trimmers, edgers, and other SORE starting with the units manufactured in the model year 2024. Although this law will ban the manufacturing and sale of gas-powered SORE equipment, the use of existing gas-powered equipment will not be restricted by this law.

The California Air Resources Board offers incentives for professional landscapers to purchase zero-emission professional landscape equipment by providing discounts on such equipment.

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To qualify, professional landscapers would contact an eligible dealer, provide a voucher request, and the discount would be provided at the time of purchase of the equipment from the eligible dealer.

In Santa Clara County, the Town of Los Gatos, the City of Los Altos, and the City of Palo Alto have prohibited the use of gas-powered leaf blowers. The Town of Los Altos Hills considered a ban on gas powered leaf blowers in 2022 but decided not to ban this type of equipment and instead set restrictions on the noise limits and hours of operation.

Current Municipal Code Requirements
Currently, the Municipal Code regulations all leaf blowers in the same manner with restrictions on the time of use as well as the noise level of such equipment. Following are the currently allowed hours of operation:

Monte Sereno
Allowed Hours of Operation for Leaf Blowers
Contractors Homeowners/Tenants
Monday – Friday 8:00am to 5:00pm No time restrictions
Saturdays 9:00am to 5:00pm No time restrictions
Sundays and Public
Holidays
Not allowed 10:00am to 5:00pm
Following is a comparison of the allowed hours of operation for leaf blowers in surrounding communities:

Allowed Hours of Operation for Leaf Blowers
Jurisdiction Monday-Friday Saturday Sunday
Town of Los Gatos 8:00am – 5:00pm 9:00am – 4:00pm 9:00am – 4:00pm City of Saratoga 8:00am – 5:00pm 10:00am – 5:00pm Not Allowed City of Los Altos 9:00am – 5:00pm 9:00am – 5:00pm 9:00am – 5:00pm Town of Los Altos
Hills
8:00am – 5:30pm 8:00am – 5:30pm Not Allowed
City of Palo Alto 9:00am – 5:00pm 10:00am – 4:00pm Not Allowed

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Following is a comparison of the allowed noise levels for leaf blowers in Monte Sereno and surrounding communities:

Maximum Noise Levels for Leaf Blowers
Jurisdiction Noise Level
City of Monte Sereno Handheld – 70 decibels at 50 feet
Backpack – 65 decibels at 50 feet
Town of Los Gatos 65 decibels at 50 feet
City of Saratoga 65 decibels at 50 feet
City of Los Altos Maximum of 55 decibels at the property line Town of Los Altos Hills 65 decibels at 50 feet
City of Palo Alto 65 dBA at 55 feet
Community Outreach
Extensive community outreach was conducted to inform the community that the City Council is considering prohibiting gas-powered leaf blowers. Following is a summary of the community outreach that was conducted:
• An informational post card was mailed to each household in Monte Sereno in March, • an article was placed in the Spring edition of the Peaceful Mountain Monitor, which was mailed to all Monte Sereno households in April,
• Information was posted on the City’s social media channels in April, • An eblast email was sent to interested parties who have signed up to receive this type of information from the city,
• the City’s web page included information, and
• information was available at the City Hall front counter.

An online survey was available from mid-March through mid-July. During that time a total of 142 completed responses were provided. Survey respondents were asked if they support prohibiting gas-powered leaf blowers in Monte Sereno and following are the responses received:

Do you support prohibiting Gas-Powered Leaf Blowers in Monte Sereno? Yes No
72 70

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These responses as well as the comments provided by survey respondents are included in Attachment 2 to this report. Comments in support of prohibiting gas-powered leaf blowers included some concerns of the environmental effects of this equipment, but the majority of concerns are regarding the noise created by leaf blowers. Several of the comments from respondents who are not in favor of prohibiting gas-powered leaf blowers were concerns regarding the lack of effectiveness of the battery powered equipment and the cost burden such a prohibition would place on small landscape/gardening businesses.

Enforcement
Code enforcement action is typically undertaken on a complaint basis. When the City receives a complaint about a potential code violation, the Building Inspector/Code Enforcement Officer will visit the subject site and follow up with the property owner. To proceed with code enforcement action, staff must witness the violation. As leaf blowers are typically used at the end of landscaping work to clean up debris, it would be unlikely that staff would be available to respond immediately to a complaint and witness the violation.

Once a violation has been witnessed and verified, the typical code enforcement process is to provide the property owner with a written Notice of Violation and provide a reasonable amount of time to correct the violation. If the violation is not corrected and, in the case of noise complaints or potential gas-powered leaf blower complaints (if adopted by Council), future violations are witnessed by staff, an Administrative Citation can be issued to the property owner. In accordance with Municipal Code section 5.14.070, a citation of $100 is provided for the first violation, $200 for the second violation within one year of the first violation, and $500 for the third and each subsequent violation within one year of the first violation.

Once Administrative Citations have been issued, collection can be difficult. Cities are no longer allowed to attach un-paid code enforcement citations onto a property’s tax bill as had been previously allowed. The collection of unpaid Administrative Citations can be brought to Small Claims court. However, if a judgement is issued in the City’s favor, collection may also be difficult.

The Town of Los Gatos prohibits the use of gas-powered leaf blowers. Staff reached out to the Town’s Code Compliance staff to obtain information about their volume of complaints received regarding the use of gas-powered leaf blowers. The Town staff reported that approximately 75% of the code compliance complaints they receive are regarding the use of gas-powered leaf blowers.

Enforcing a prohibition on gas-powered leaf blowers can be problematic for a variety of reasons including the short duration and high mobility of leaf blower use, limited code enforcement resources, and regulatory challenges that limit the Administrative Citation issuances and collection abilities.

California Environmental Quality Act:

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Fiscal Impact:

If a prohibition on gas-powered leaf blowers is enacted by the City Council, there may be an impact on the city’s code compliance services and response times if a significant increase in complaints is received. The increased code enforcement resources needed would be difficult to project but would likely require additional code enforcement resources.

Alternatives:

1. Introduce and waive the first reading of Ordinance No. NS-236.

2. Direct staff to prepare an ordinance to modify the leaf blower regulations with other changes.

3. Take no action.

Conclusion:

The survey results indicate that the community is evenly divided on whether gas powered leaf blowers should be prohibited. With the State of California laws that will prohibit the sale of gaspowered leaf blowers starting with model year 2024, the use of these devices will begin to decrease over the next several years. Therefore, Monte Sereno staff does not recommend a prohibition on gas powered-leaf blowers.

However, the comments provided in the resident survey did clearly show that the hours of operation for leaf blowers is a concern for the community. Staff recommends revising the allowed hours of operation to eliminate the extended hours currently allowed for homeowners or tenants and allow leaf blowers to be used Monday through Friday from 8:00am to 5:00pm, Saturdays from 9:00am to 5:00pm, and not allowed on Sundays and City observed State or Federal holidays.

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.

Notice of this meeting was also emailed to all individuals who requested such information as part of the on-line survey.

Attachments:

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1. Draft Ordinance NS-236

2. On-Line Gas-Powered Leaf Blower Survey Results

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ORDINANCE NO. NS-236

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 9.07.040 (MECHANICAL BLOWERS – WHEN PROHIBITED FOR CONTRACTORS) AND REPEALING SECTION 9.07.050 (MECHANICAL BLOWERS – WHEN

PROHIBITED FOR HOMEOWNERS AND TENANTS) TO REVISE THE ALLOWABLE

HOURS FOR LEAF BLOWER USAGE
WHEREAS, the use of motorized leaf blowers adversely impacts community health and welfare; and
WHEREAS, motorized leaf blowers generate high noise levels which disrupt neighborhood tranquility, disturb residents and visitors and thereby degrades the quality of life in Monte Sereno; and
WHEREAS, the use of motorized leaf blowers increases the volume of particulate matter in the air and thereby exacerbates allergies and respiratory ailments; and WHEREAS, on August 15, 2023 the City Council considered the proposed ordinance and a majority of Council introduced and waived further reading of Ordinance No. NS-236; and WHEREAS, the adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment.” Therefore, no environmental assessment is required or necessary.

NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:

SECTION 1. Amend Section 9.07.040. Section 9.07.040 of Chapter 9.07 of the Monte Sereno Municipal Code is hereby amended to read as follows:
“9.07.040 - Mechanical blowers—When prohibited
It shall be unlawful for any person to operate any portable machine powered with a gasoline engine or by electricity used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces before the hour of 8:00 a.m. or after the hour of 5:00 p.m. on any Monday through Friday; or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on any Saturday; or any time on Sundays or City observed holidays.”
SECTION 2. Repeal Section 9.07.050. Section 9.07.050 of the Monte Sereno Municipal Code is hereby repealed.

SECTION 3. Environmental Review.

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The adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.

SECTION 4. Effective Date.

This ordinance shall be in full force and effective 30 days after its adoption.

SECTION 5. Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.

SECTION 6. Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the 15th day of August 2023, and was adopted at a regular meeting of the City Council on the ____ day of _____ 2023, by the following vote:

AYES:

NOES:

ABSENT:

Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk

Approved as to form:
___________________________________
Kirsten Powell, City Attorney

Page 74 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
3/27/2023 No
3/27/2023 Yes They are noisy when compared to electrically powered tools. 3/27/2023 No
3/27/2023 No
3/27/2023 Yes
I dont understand why there are different hours for homeowners v contractors. Noise is noise regardless of who is causing it.
3/27/2023 No
California is already banning the sale of gas-powered leaf blowers after January 1, 2024--less than nine months from now. It is easy for members of the City Council, each one of which is a multi-millionaire, to mandate that hard-working people, each of whom probably averages 1/100th of the City Councilmembers' net worth, to spend $500 to $1,000 to purchase new equipment.

But please ask the council this, how would they feel if someone required them to spend $50,000 to $100,000 to purchase new equipment required for their job?
There is already a plan to phase out gas-powered leaf blowers. The present restrictions of 65db already dramatically limit the gas-powered leaf blowers that can be used in Monte Sereno. If the council is so intent on saving the environment, then why not also ban gas-powered cars in Monte Sereno. After all, the state ban on sales of gas-powered cars after 2035, like the state ban on sales of gas-powered leaf blowers, is just a ban on sale, not on use. A ban on the use of gas-powered cars in Monte Sereno would likely cost residents a smaller percentage of their disposable income than the discussed ban on use of gas-powered leaf blowers would cost those workers who use them. Yet, residents would rise up against a ban on gas-powered cars because they can. So, City Councilmembers, are you really going to punish those who have so much less than you just because you can? If so, please put your money where your mouth is and personally contribute, out of your own pocket, $50,000, towards funding electric leaf blowers for people who do gardening work in Monte SerenoCalifornia is already banning the sale of gas-powered leaf blowers after January 1, 2024--less than nine months from now. It is easy for members of the City Council, each one of which is a multi-millionaire, to mandate that hard-working people, each of whom probably averages 1/100th of the City Councilmembers' net worth, to spend $500 to $1,000 to purchase new equipment. But please ask the council this, how would they feel if someone required them to spend $50,000 to $100,000 to purchase new equipment required for their job? There is already a plan to phase out gas-powered leaf blowers. The present restrictions of 65db already dramatically limit the gas-powered leaf blowers that can be used in Monte Sereno. If the council is so intent on saving the environment, then why not also ban gas-powered cars in Monte Sereno. After all, the state ban on sales of gas-powered cars after 2035, like the state ban on sales of gas-powered leaf blowers, is just a ban on sale, not on use. A ban on the use of gas-powered cars in Monte Sereno would likely cost residents a smaller percentage of their disposable income than the discussed ban on use of gas-powered leaf blowers would cost those workers who use them. Yet, residents would rise up against a ban on gas-powered cars because they can, unlike those who would be affected by the ban on gas-powered leaf blowers.

So, City Councilmembers, are you really going to punish those who have so much less than you just because you can? If so, please put your money where your mouth is and personally contribute, out of your own pocket, $50,000, towards funding electric leaf blowers for people who do gardening work in Monte Sereno. 3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 No Stupid idea for eh present. The electric leaf blowers don't work well enough yet 3/27/2023 Yes
3/27/2023 No
3/27/2023 No
3/27/2023 Yes
3/27/2023 No
Absolutely not! We need freedom of choice, noit others telling us 'what is good for us to do according to them'.

Leaf Blower Survey Results
Comments Received as of July 25, 2023

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Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
3/27/2023 Yes
All commercial contractors should be banned from using any leaf blower's on Saturdays. We have three properties around us that have Saturday commercial service and the noise is incessant all day.

Commercial work should be restricted to M-F, residential homeowner use would be acceptable for electric use on weekends
3/27/2023 No
3/27/2023 No
3/27/2023 No Less government is better. You will never be able to enforce this regulation. 3/27/2023 Yes
3/27/2023 Yes unnecessary noise and pollution. battery powered work better too!! 3/27/2023 No
3/27/2023 Yes
3/27/2023 No
I use mine perhaps every 2 or 3 months for an hour, using a quart of fuel each time. No way could that compare with a car traveling a thousand miles.
3/27/2023 Yes
The pollution facts you detail are compelling. Also, the noise factor is significant. I feel this needs to be a requirement so some landscapers are not put at a disadvantage and we can all support any cost difference together.
3/27/2023 Yes
We three Monte Sereno voting citizens say air pollution and noise pollution in our neighborhood due to gas powered leaf blowers is a several days a week negative occurrence. Much appreciate this survey 3/27/2023 No
3/27/2023 No
3/28/2023 No
3/28/2023 Yes
3/28/2023 Yes Go electric
3/29/2023 Yes
The noise is constant and disturbs the peace. Pollution level is not acceptable. I use electric blowers and rakes- they are fine.
3/30/2023 Yes
These leaf-blowers are the bane of my existence. They seem to start every morning a few minutes BEFORE 8am. I'm willing to put up with this inconvenience IF there is truly no better way for gardening contractors to do their work. But I have to think that these days, there ARE better ways. 4/4/2023 No
Los Gatos has a ban and it seems like most Gardners are ignoring the ban. I operate my blower with minimum throttle/noise because I like my neighbors. I will replace my current Gas Blower with Electric once it fails to start.
4/4/2023 No
4/4/2023 Yes
Gas powered leaf blowers are one of the biggest nuisances to us. It's terrible to have a peaceful morning or day (or sleep) interrupted by the noise. It ruins the tranquility of living in a quiet town almost as much as car noise.
4/4/2023 Yes They really are horrible for our neighborhood environments. 4/5/2023 Yes
They are horrendous for the environment. They should be banned and it should be enforced! Electric works just fine. But, we will absolutely need an ordinance to drive positive change. PLEASE help us to end these noisy, smelly, harmful machines.
4/5/2023 Yes
4/5/2023 Yes
4/6/2023 No
My gardner uses what works for him and I have no control. He only comes once a week.

If it changes, will there be a leaf blower monitor to find out what kind is being used? If not, then there is no point in having a law if you cannot enforce it. Since gardners doing work in Monte Sereno do not know the laws it is difficult for them to comply. And there is not enough communication among the city to the residents on what exactly is and is not prohibited.

Page 76 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/6/2023 Yes
Finally! These things are a menace to our community. The pollution, noise, dust they create is terrible. In my neighborhood, some residents have their gardeners come 2x per week and it is so annoying. They even use their blowers in the rain! My question is - why move to a heavily-wooded neighborhood if you can't bear to have a few leaves in your driveway or yard?! 4/6/2023 No
This would create a $$ burden on small business owners of Gardners and residents for the community, if they were to have to convert to electric or manual ways of clearing debris. The real concern to me is when Gardners have to start charging more for this service because of more cost to them or the 3x-4x time it would take to clear people's property manually. I am concerned that more wild fire fuel may accumulate when people will not pay the extra cost to get it out of their property on a regular basis.....

The city council should spend their time on the increased crime and summer traffic issues in our community!
There is no reason for this ban.
4/14/2023 Yes
4/15/2023 No
4/17/2023 Yes
4/17/2023 Yes
At any given time during the day, especially weekdays I hear a leaf blower somewhere nearby, often upwards of 30-50 minutes. Even on the windiest of days people's gardeners continue to use blowers. At least two of my closest neighbors have their gardeners blow twice a week. It creates constant noise not to mention the exhaust being put into the air. Electric or battery powered would be a great improvement if it could be enforced. It also doesn't seem unreasonable to put some limits on the length of time you can use the blower based on the size of your property. Since when did having a few leaves on the ground become such problem anyway?
4/17/2023 Yes We should have done this years ago.
4/17/2023 Yes
4/17/2023 Yes The sooner the better
4/17/2023 Yes
Almost every day of the week, we are bombarded by loud gas-powered leaf blowers. On Fridays our next door Monte Sereno neighbor's gardener blasts away with jet engine sound levels. As stay-at-home retirees, please help my wife and myself. (We use a low noise battery powered leaf blower.) 4/17/2023 No
4/17/2023 No
4/17/2023 No
The gas-powered leaf blower being used is not that loud and the job is performed quickly within 15 minutes
4/17/2023 No They are fine
4/17/2023 No Electric leaf blowers are also noisy.
4/17/2023 Yes However, this rule change will place a large burden on contractors. 4/17/2023 No
I'd like to see gas blowers phased out--maybe by the end of the year. In addition, it would be nice to restrict the use of any blower by anyone to 9-5 weekdays and Saturday and NOT at all by anyone on Sunday. Between all the construction noise/blower noise in our area Mon-Sat, it would be wonderful to have one day a week of "quiet enjoyment" while in our backyard. 4/17/2023 Yes
4/17/2023 Yes
Yes please, get rid of gas powered leaf blowers. We live in such a tranquil area and constantly hear some gas blower or lawn mower near and far. The other redundant noise is reversing garbage trucks or delivery vehicles. All have sensors and cameras now and the loud beeping sound is way out of proportion and can be heard from far away.

Page 77 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/17/2023 No
While gas powered blowers have some negatives, we live in a very wooded area of the world and cleaning/maintaining this with other tools could be more harmful.

Using less powerful blowers would require longer time running to complete the same task.

Electricity to power non-gas powered blowers has to be generated by other fossil fuels thus no real offset.

Other methods to maintain yards might also be employed such as chemical treatments, heavier pruning of trees or removal all together of deciduous plants. As such, we might see the lovely wooded area we call home changed for the worse due to such a ban. Thanks. 4/17/2023 No
With 2 acre lots it is the only way to service the property. More batteries is not a solution or using electrical cords does not work and uses more electricity! 4/17/2023 Yes
4/17/2023 Yes
There are some days when multiple service providers (including our own landscaper) are all using their blowers. It is really terrible. They are not effective and are noise pollution I hope we prohibit them. 4/17/2023 No
4/17/2023 No
4/17/2023 No
I feel that gas powered leaf blowers are used for a very short time, if at all, once a week by professional gardeners and homeowners at each residence and do not pose a nuisance to neighbors during that short period of time.
4/17/2023 No
4/18/2023 No
It would be nice to live in a world where we get what we want all of the time. I think that limiting what our landscapers use is unfair to them unless we are all willing to buy them new ones with the city's requiremnts
4/18/2023 Yes Let's return our neighborhoods to peace and quiet without gas powered leaf blowers 4/18/2023 No
4/18/2023 Yes
MY gardener works for many clients in LG, and is prepared for gas free mowers and blowers. Garden shops and distributers are declining to carry parts for the cumbustion style machines. Monte Sereno should follow
the flow of prohibition.
4/18/2023 No
4/18/2023 No These are 1 acre estates which require 2 stroke equipment 4/18/2023 Yes
My Aunt in Berkley enjoys a leaf blower free environment and when we are there we notice how much more enjoyable it is to sit outside. I think the rules should be the same for all, not specific to contractors or home owners. Thanks for considering this initiative. 4/18/2023 Yes
4/18/2023 No If our landscaping companies are force to to non gas, then the cost of services will rise. 4/18/2023 Yes Long overdue
4/18/2023 Yes electric blowers can be used instead
4/18/2023 No
The current restriction of gas powered leaf blowers is more reasonable as several properties within Monte Sereno are on large lots and / or hillsides. It’s much easier to access those areas with gas powered blowers/ gardening tools.

Page 78 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/18/2023 Yes
Leaf Blowers (gas and electric) are a serious value reduction in the daily quality of life in Monte Sereno.

Not only do they produce air pollution, but they add no service that couldn't be done with a rake or broom.

They're incredibly loud and can be heard howling from about a mile away, and they are used for long periods of time, sometimes upwards of 30 minutes or more, depending on the size of the property.

If someone was playing music in Monte Sereno at the volume of a leaf blower multiple times a week they'd have a civil officer at their doorstep with a noise complaint.

Both in town and the suburban areas should ban leaf blowers. They have only become more noxious since many residents have begun working hybrid or remotely entirely and spend long hours in their homes.

Second only to the rampant light pollution in our beautiful city, the noise pollution on a regular basis from leaf-blowers is a serious nuisance.
4/18/2023 Yes
4/18/2023 Yes
4/18/2023 No
I feel by prohibiting gas-powered leaf blowers it may cause a financial hardship on gardeners and homeowners. It could also limit the ability to clean areas of leaves effectively. I do not feel we should load up our landfill areas with good but unusable gas leaf blowers. I feel the regulations already in place are sufficient and do not need to be modified.
4/18/2023 Yes
4/18/2023 No
This is an unnecessary act and if passed would not be enforced by residents as most residents do not own lead blowers but instead their landscape companies do. It’s unreasonable to try and enforce this upon landscape companies which do not reside in Monte Sereno. 4/18/2023 No
4/18/2023 No
4/19/2023 No
I have tried multiple electric leaf blowers, but none are powerful enough to do the job, and run out of juice. The job takes over 2 or 3 days given batteries run out, I bought 3 batteries so I can have them all charged and switch between them, but even then the job stretches over 2 days instead of a couple of hours with a gas powered blower.
4/19/2023 No
4/19/2023 Yes
Both noise and pollution (not just green house gases) are significant concerns for the health of the workers as well as the community. As a retired physician, I have been particularly alarmed by these negative effects.
4/19/2023 No These can be phased out when only electric leaf blowers are allowed to be sold. 4/19/2023 Yes
4/19/2023 No
4/19/2023 Yes
I support the banning of gas powered leaf blowers. In addition, more importantly, I would like to see ANY and ALL Yard work noise limited to 1 or 2 specified days during the week. It seems leaf blowers are going constantly all week every day! I know that other cities specifiy the day of the week: Tues and Thursday only for instance.
4/19/2023 Yes
Only worthwhile if the city is serious about enforcement. Despite attempts building hours are still a real challenge for the city to enforce - no longer next to our house but I still see frequent violations so while this makes sense do we really want something else the city will basically ignore unless a citizen rats on his neighbor? I'm not so sure but the concept makes sense. I'd also survey local professional gardeners to see how they would react to any proposed changes.
4/19/2023 Yes

Page 79 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/19/2023 Yes
4/19/2023 No
4/19/2023 Yes
4/20/2023 No
If gas blowers are banned how can gardeners do their work on the larger properties, especially the acre properties. It isn't practical or even feasible to use electric blowers on large lots. Certainly the town can't expect gardeners to spend hours raking or sweeping by hand. This ban would hurt the livelihood of gardeners! They can barely eke out a living as it is. Have some compassionate for them. Put yourself in their shoes!
4/20/2023 Yes
4/20/2023 No Not by private residents, Only by contractors 4/20/2023 Yes
4/20/2023 no
Forces all gardeners to invest in batteries and at large properties, the gardeners will need some place to recharge battery.
4/21/2023 No
We are a residential city with many residents using outside help for maintaining their homes. So, then what's next .. no lawn mowers, no chain saws for trimming trees and on and on. 4/21/2023 No
4/22/2023 Yes
Please PROHIBIT GAS-POWERED LEAF BLOWERS in Monte Sereno. They are a pollutant, terrible for the environment and incredible noise pollution. It's impossible to enjoy your backyard during the weekend, because the leaf blowers are in use constantly.

Please put an end to this.

Thank you
4/22/2023 No Allow gardeners to do their jobs.
4/22/2023 No Should have less regulationa and less taxes 4/25/2023 Yes The gas-powered blowers are so noisy. They disturb the peacefulness in the neighborhood. 4/25/2023 No
I support the current time and noise restrictions. I do not support proliferating local level ordinances on fashionable topics. Concentrate on maintaining existing infrastructure and effective oversight of constant utility/service provider cost increases and service reductions. 4/25/2023 No This is absurd. The City Council should stay out of our kitchens and out of our yards. 4/27/2023 No
They're too loud and pollute. Additionally, it would be great to have quiet days and days when electric blowers are allowed. Virtually every time I open windows to enjoy the nice weather the peace is disrupted by blowers which can be heard from quite a distance away. I understand enforcement is an issue but setting an expectation might elicit cooperation from many residents. 4/27/2023 Yes
Elderly, disabled, and stay-at-home citizens suffer during day fm noise, dust, and air pollution fm gas blowers
and have their peace and ability to quietly enjoy their homes disturbed. 4/27/2023 No
4/27/2023 No
4/28/2023 Yes They are too loud and contribute to the noise pollution continously bombarding our tranquil community 4/28/2023 No
This will not significantly reduce emissions. Plus, battery powered will require many batteries to be bought/used by the professional services providers (all made of plastic) that will not be recyclable - causing another environmental problem. Let's NOT support more plastic use. 4/29/2023 Yes
the noisy bastards kill my nap
and they DO use after 5pm even though prohibited kills cocktail hour 5/1/2023 Yes Heck, yes!!!!!

Page 80 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
5/1/2023 No
This does not seem to be a pressing issue in Monte Sereno. Landscape workers do not make much money and to ask them all to change their equipment and try to figure out how to get a reimbursement from the government puts a burden on a population of people that are likely already struggling. Let's put time toward more important matters.
5/1/2023 yes
5/1/2023 Yes Bad for air quality and too much noise
5/2/2023 No
Properties in Monte Sereno are larger in size and require larger CFM volume to efficiently clean and clear green waste. The cost associated with replacing gas powered blowers with electric are substantial to me as a homeowner as well as the professional gardening service providers. Further, the cost of additional batteries is approxiamtely $250 per battery. Lastly, if you physically walk around Los Gatos and Monte Sereno on any random morning, afternoon or evening you will observe every gardening service provider with a gas powered generator running all hours of service continuously charging banks of 10 to 20 back up batteries for all the electrical tools that are being used. Save homeowners and service providers the financial pain point which in the end proves that it takes the same if not more energy to produce and replenish these lithium ion batteries. Let each person make their own rational decision. End government overreach.
5/3/2023 Yes The electrical one cleans as good.
5/3/2023 No
This puts an extra burden on landscapers to purchase another leaf blower if the gas powered ones are prohibited. Also, the noise of a leaf blower is just as noisy as yard edgers and lawn mowers. Will all of these be banned in Monte Sereno?
5/5/2023 Yes
Love the zero emission and less noisy way to blow leaves. It can better protect the rural life style in the small city.
5/6/2023 No
This would cause a large problem in helping clean up yards for the larger property homes and require additional expenses for each home owner
5/6/2023 Yes
Most polluting machinery still in legal use. Noise pollution as well. No serenity on weekends especially when having people over. We feel that home owners hiring gardners that work during the week only.

Home owners that need to do their own yard work during the weekend is understandable, but can we just get even one day with peace? People like to have parties and walk the neighborhoods on Saturdays and Sundays and to have leaf blowers and lawn mowers is horrible noise and pollution to be around.

Definitely, outlaw gas powered leaf blowers 100%. So glad only homeowners only and not hired gardeners can work on Sundays at least. Did not know this. Menlo Park where my brother lives does not allow any work to be done on weekends. Very peaceful to say the least. Thank you for addressing this issue and for allowing us to have our opinions listened to. We appreciate it and the work that you are doing. We grew up in MONTE SERENO and now at 60 are back living here. So lucky! 5/8/2023 Yes
I have a flag lot with 9 contiguous neighbors. Gas powered leaf blowers are a nuisance. Gas powered blowers are prohibited in Los Gatos and we all use the same gardeners, let's use the same rules. 5/8/2023 Yes These blowers are making not only air pollution even noise pollution too. 5/8/2023 No
I think many gardeners cannot afford buying new equipment and especially during the fall it would not be feasible to do this by hand in many Monte Sereno properties. It is not a big deal and I think we should not waste time on this. There are things way more important the council should focus on. The rules on the books are fine as is - do not change them.
5/9/2023 No
I don't think this restriction is needed. Gas-powered leaf blowers do not have a relevant impact on pollution.
5/9/2023 No
5/9/2023 No
no compelling reason to add relegations to citizens and small businesses who use these machines. The electric will replace the gas models soon enough.

Page 81 of 111 ends

Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
5/13/2023 Yes
Our house is almost completely surrounded by a chorus of leaf blowers run by gardeners. The leaf blower across the street is so loud that I wear ear protection if I am in my front yard when the gardener is there. At a minimum, there should be a maximum db rating for leaf blowers in use here. Enforcement then becomes the issue.
5/25/2023 No
Current regulations are fine. Homeowners with large properties are benefited by the use of gas powered blowers. Battery powered blowers need multiple batteries and are not as efficient as gas blowers, thus reduce the amount time it takes a battery powered blower to do the same job. Electric blowers have higher decibel limits, than gas blowers.

We are for maintaining the current regulations.
6/10/2023 Yes
We are disturbed several times a week by nearby usage of loud polluting leaf blowers in our neighborhood. It has gotten worse and worse over the many years we have lived in our home. I definitely support prohibiting gas-powered leaf blowers 6/23/2023 Yes
This has been such a noise nuisance especially at 5 p.m. when I can't even hear the news on tv because of gas leaf blowers.

Page 82 of 111 ends

STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Recommendation(s):

Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Background Information:

State Penal Code Section 26155 authorizes local Chiefs of Police to issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. The City currently contracts with the Town of Los Gatos for police services and as part of that contract, the Police Chief is charged with issuing concealed care firearm licenses for eligible City residents. The Police Chief has requested that the City adopt an ordinance similar to the Town of Los Gatos’s ordinance regarding concealed care firearm licenses for consistency and efficiency. Staff recommends adopting an ordinance establishing a process for the issuance of concealed care firearm licenses similar to the Town of Los Gatos. Staff also recommends prohibiting the carrying of concealed firearms in “sensitive places” as authorized by recent case law.

On June 23, 2022, the U.S. Supreme Court decided the case of New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 ("Bruen"). In the Bruen decision, the Court held unconstitutional the State of New York's law requiring applicants to show "good cause" to obtain a license to carry a concealed weapon. The Court held that requiring applicants to demonstrate a "special need" for self-protection distinguishable from that of the general community violated the applicants' Second and Fourteenth Amendment rights.

The Bruen decision also held that certain locations are '"sensitive places' where arms carrying could be prohibited consistent with the Second Amendment." The Supreme Court expressed in District of Columbia v. Heller, and reaffirmed in McDonald v. City of Chicago, that "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings" are "presumptively lawful." In Bruen, the Court named "legislative assemblies, polling places,

Page 83 of 111 ends

and courthouses" as examples of "sensitive places" where weapons could be prohibited consistent with the Second Amendment.

In response to the Bruen decision, state legislation was introduced in 2022 that would, among other things, prohibit the known possession of firearms in an expansive list of sensitive locations, even with a valid concealed carry license. The 2022 bill, SB 918, included an urgency clause, which triggered a supermajority requirement. It failed by one vote on the last day of the 2022 legislative session. The bill, renamed SB 2, has been reintroduced for consideration in the 2023 legislative session. Based on the prior vote, staff believes it is likely to be enacted and go into effect on January 1, 2024.

At this time, in the absence of state or local legislation prohibiting firearms in specified sensitive locations, the carrying of firearms with a valid license is lawful in most public and private places in California. Police Chiefs and City Attorneys in Santa Clara County have been collaborating to develop firearms policies in accordance with Supreme Court guidance, and several cities have already enacted “sensitive places” ordinances. Staff recommends that the City Council prohibit concealed carry firearms in specified “sensitive places,” which are defined as City property, schools, and places of worship. City property is defined to mean City government buildings which would include City Hall and the proposed Community Center.

Analysis:

The proposed ordinance would establish a process for the issuance of concealed carry licenses and prohibit the carrying of firearms in certain "sensitive places" that have been explicitly authorized by the Supreme Court. The proposed ordinance:
• Sets forth the general requirements for obtaining a concealed carry firearms license and references state law and the concealed carry firearms licensing procedures adopted by the Chief of Police (Section 4.22.020)
• Provides definitions for terms used (Section 4.22.010) • With limited exceptions, prohibits concealed carry firearms at “sensitive places” (Section

4.22.030)
• With limited exceptions, prohibits the sale of firearms on City property (Section

4.22.030)
California Environmental Quality Act:

Introduction of this Ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section 15378.)
Fiscal Impact:

The Ordinance will not have a fiscal impact.

Conclusion:

Page 84 of 111 ends

To maintain consistency in process and to comply with recent case law, staff recommends that the City Council adopt an ordinance to establish a process to issue concealed carry firearm licenses and prohibit firearms in sensitive places.

If introduced, the proposed ordinance will return for adoption by the next regular City Council meeting and will take effect 30 days from the date of adoption.

Attachments:

Proposed Ordinance

Page 85 of 111 ends

1 of 7

DRAFT ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING TITLE 4, BY ADDING CHAPTER 4.22 ESTABLISING THE CITY’S

CONCEALED CARRY FIREARM LICENSING PROCESS AND PROHIBITING THE

CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, State Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, as the City contracts for police services with the Town of Los Gatos, the Los Gatos-Monte Sereno Police Chief is responsible for issuing concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and WHEREAS, the City wishes establish a process consistent with the Town of Los Gatos’s process to ensure efficiency and consistency for the Police Chief and to add a prohibition on firearms, including concealed carry firearms, in “sensitive places;” NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monte Sereno as follows:

SECTION I. Legislative Findings:

A. The City of Monte Sereno has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.

B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the ageadjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past decade.

C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the

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Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).

D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.

E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S.

Ct. 2111; D.C. v. Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to establish a process to issue concealed carry firearm licenses and prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v.

Bruen.

SECTION II. Title 4 of the Monte Sereno Municipal Code is hereby amending by adding Chapter 4.22, “Weapons,” to read as follows:
“WEAPONS

4.22.010 Definitions

4.22.020 License to carry pistol, revolver, or other firearm capable of being concealed upon the person

4.22.030 Prohibited acts – Ban on possession and sale of firearms

4.22.040 Exceptions – Ban on possession

4.22.050 Exceptions – Ban on sale

4.22.010. Definitions.

For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Chief of Police” means the Chief of the City Police or his/her designated. “Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.

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(b) Includes:

1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.

2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.

3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the California Penal Code.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:

1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or

2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption.
“Sensitive Place” means any of the following places:
(a) City Property;
(b) Any School;
(c) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property.
“City Property” means City Hall and other City government buildings. “Unloaded”:
(a) Means:

1. No ammunition is in the firearm’s chamber or cylinder; and

2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.
(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.

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4.22.020. License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:

1. The applicant is of good moral character.

2. The applicant is a resident of the City of Monte Sereno.

3. The applicant has completed a course of training as described in Penal Code Section 26165.

4. The application complies with state law, the City Municipal Code, and any concealed carry firearm license procedure adopted by the Chief of Police. (c) License applications shall be submitted electronically using the Town of Los Gatos’s on-line concealed carry license application portal. (d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the City’s Municipal Code, and the Town of Los Gatos’s concealed carry firearm license procedure.
(e) Any such license issued shall contain a description of the Firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two years from the date of issuance.
(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.
(g) If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (h) The Chief of Police may deny any application that does not comply with state law, the City’s Municipal Code, or the Town of Los Gatos’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the City’s Municipal Code, the Town of Los Gatos’s concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or Licensee of the decision in person or by mail at the address shown on the application on file in the office of the Chief of Police.

Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.

4.22.030. Prohibited acts – Ban on possession and sale of firearms.

No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a Sensitive Place:

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1. A Firearm, loaded or unloaded.

2. Ammunition for a Firearm.
(b) Sell on City property:

1. A Firearm, loaded or unloaded.

2. Ammunition for a Firearm.

4.22.040. Exceptions – Ban on possession.

Section 4.22.030 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed Firearm or a loaded Firearm under state law or under 18 U.S.C.

Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded Firearm under State law; (c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state or federal law to carry a Firearm and when such persons are engaged in the exercise of their official duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders; (e) A person delivering unloaded Firearms as authorized by state or federal law, to or from law enforcement;
(f) A person lawfully possessing an unloaded Firearm in the locked trunk or inside a locked container in a motor vehicle;
(g) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(h) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded Firearm and when engaged in exercise of official duties on city properties.
(i) An officer authorized to transport prisoners under applicable California or federal law.
(j) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded Firearm as a part of that production.
(k) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where Firearms are prohibited; any Firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(l) A Licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.

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4.22.50.Exceptions – Ban on sale.

Section 4.22.040 does not apply to the purchase of sale of a Firearm, or Ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.”
SECTION XI. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The City hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION XII. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XIII. Publication.

The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION XIV. Effective Date.

This Ordinance was introduced at a regular meeting of the City Council of the City of Monte Sereno on the 15th of August, 2023, and adopted by the following vote as an ordinance of the City Council of the City of Monte Sereno at a regular meeting of the City Council of the City of Monte Sereno on the 19th day of September, 2023. This ordinance takes effect 30 days after it is adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

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________________________________
Bryan Mekechuk, Mayor
ATTEST:
_______________________________
Gloisy Gonzalez-Langarica, City Clerk

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Discuss and Consider Nominees for Monte Sereno Citizen of the Year Nominee(s) and Make Appointment
Recommendation(s):

Staff recommends that the City Council consider the nominee(s) for Citizen of the Year and make an appointment.

Background Information:

On April 1, 2023, The Monte Sereno City Council met for its annual Strategic Goal Setting Session. Under the goal category titled “Provide Quality Public Service” Monte Sereno City Council voted to approve a Monte Sereno “Citizen of the Year” program. On May 26, 2023, City staff sent notification out to Monte Sereno residents calling for nominations for Monte Sereno Citizen of the Year. The Citizen of the Year was to be selected by City Council at the 2nd meeting in August and introduced by the Mayor at the Monte Sereno Annual City Picnic on August 27, 2023. The Monte Sereno Citizen of the Year will remain as Citizen of the Year until the next Citizen of the Year is appointed in August of 2024.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Alternatives:

1. Select the Monte Sereno Citizen of the Year

2. Postpone selection of the Monte Sereno Citizen of the Year Conclusion:

Quality Public Service and Community Engagement are the objectives of the Monte Sereno City Council. The Citizen of the Year award will engage the community of Monte Sereno and offer an opportunity to honor an outstanding resident nominated by their peers in the Monte Sereno Community in its inaugural year.

Public Noticing:

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

Attachments:

Citizen of the Year Nomination Form
Citizen of the Year Nominees

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Citizen of the Year Nomination Form
Do you know an outstanding Monte Sereno resident? An individual who goes above and beyond the call to serve their community? If you do, please consider nominating your choice for Monte Sereno “Citizen of the Year.” The nomination period will begin June 1st and end August 1st. The chosen Monte Sereno Citizen of the Year will be honored by the Mayor of Monte Sereno at the annual Monte Sereno picnic August 27, 2023 11:30-2pm. Deadline to submit applications is Tuesday, August 1, 2023
Please Print Clearly
Nominee information
First and last name
Address:

City:

Zip Code:

Contact Number:

Email:

Nominator Information
Name of Nominator:

Relation to Nominee:

Email:

Contact Number:

Please list any groups/organizations the nominee may belong to:

What specific community service projects has the nominee participated in within the last 5 years? Please state reasons why you believe this resident should be recognized by the community for their contributions, positive influence, and role model qualities.

Nominations should be submitted to City Clerk either by e-mail to [email protected] or drop off in person at: 18041 Saratoga Los Gatos Road, Monte Sereno, CA 95030. 18041 Saratoga-Los Gatos
Road Monte Sereno, California
95030-4299 Telephone:
408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org

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From: Ruth Alexander
To: Steve Leonardis; Gloisy Gonzalez-Langarica
Subject: Re: Citizen of the Year Awar:

Date: Wednesday, August 9, 2023 7:19:46 AM
Sorry:

It's
Sarra Luksetich (originally from Greece and her name spelling is as I have it) Rose Avenue, Monte Sereno, Ca. 95030 (I don't know the number of her home), but the small home with many acres. She does not answer her phone if it is someone she does not know.

Yeah, Sarra is amazing, and can teach our city and country about civic duty/sense like countries from Greece, Italy (social system is also great when I traveled there), some African countries etc.. We need to embrace each other more like Sarra does.

Thanks.

Ruth
From: Steve Leonardis <[email protected]>
Sent: Tuesday, August 8, 2023 9:27 PM
To: Ruth Alexander <[email protected]>; Gloisy Gonzalez-Langarica <[email protected]>
Subject: RE: Citizen of the Year Awar:

Thank you, Ruth.

Can you provide Sarah’s last name and contact information? Gloisy, please submit Ruth’s nomination.

Regards,
Steven Leonardis
City Manager
From: Ruth Alexander <[email protected]>
Sent: Tuesday, August 8, 2023 1:47 PM
To: Steve Leonardis <[email protected]>; Gloisy Gonzalez-Langarica <[email protected]>
Subject: Citizen of the Year Awar:

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I was not able to download the form for some reason, so thought to send this to you:

I would like to nominate my dearest friend Sarra who is one of the oldest residents of our Monte Sereno City before it was incorporated. She has been here probably for 60+ years.

She has more Civic Sense and Civic Duty than anyone I know in our city of Monte Sereno because you do not have to make an appointment to see or visit her anytime. Everyone is welcome to her home as she always emphasizes. I basically take my tea and go and chat with her on her farm as she calls it and we chat and then I go back home inspired by her gardening skills and such an organized and dedicated worker every single day at 95 years old.

I was fortunate to be at her home on her birthday with her son George, his wife, and two other friends of Sarra.

She is basically the mother of Monte Sereno as I call her.

I hope to write her story one day.

Ruth Alexander
Monte Sereno owner and resident for over 34+ years
ruth-alexander.com

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Citizen of the Year Nomination Form
Do you know an outstanding Monte Sereno resident, an individual who goes above and beyond the call to serve their community? If you do, please consider nominating your choice for Monte Sereno’s “Citizen of the Year.” The nomination period will begin Saturday, June 10 and end Thursday, August 10. The chosen Monte Sereno Citizen of the Year will be honored by the Mayor of Monte Sereno at the City’s annual Picnic in the Park on Sunday, August 27, 2023, which will take place from 11:30 am - 2:00 pm.

The deadline to submit applications is Thursday, August 10, 2023.

Please Print Clearly
Nominee information
First and Last Name:

Address:

City:

Zip Code:

Contact Number:

Email:

Nominator Information
Name of Nominator:

Relation to Nominee:

Email:

Contact Number:

Please list any groups/organizations the nominee may belong to:

Nominations should be submitted to the City Clerk
Either by email: [email protected]
Or by dropping off in person: 18041 Saratoga-Los Gatos Road, Monte Sereno, CA 95030 18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org

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STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Designation of Voting Delegates and Alternates
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Recommendation(s):

Staff recommends the City Council appoint a voting delegate and up to two voting alternates to attend the League of California Cities 2023 Annual Conference.

Background Information:

The League of California Cities is an association of cities within the state of California, founded in 1898. Most of the state's 482 cities, including Monte Sereno, are represented in the League.

The League publishes Western City, a monthly magazine, and holds an annual conference and exposition. The League advocates for cities at the state capitol on a multitude of topics.

The Annual Conference is the League’s largest and most comprehensive educational event.

General sessions feature premiere keynote speakers, while breakout sessions allow city staff and elected officials to explore topics that fit their specific needs and areas of interest.

During the annual conference, the League conducts its annual business meeting where the membership considers and takes action on resolutions that establish League policy. Each member city’s city council is allowed to designate a city official to serve as the voting delegate to participate and cast votes at the business meeting along with up to two voting alternates in the case of the voting delegate’s absence. This year the Annual Conference is scheduled for September 20-22, 2023 and will take place in Sacramento, California. Voting delegates and alternates must be submitted to the League no later than Monday, August 28, 2023.

Fiscal Impact:

Conference registration is $700 for the three days. Additional charges will be incurred based on travel costs, hotel accommodations, and food allowances.

Public Noticing:

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

Attachments:
2023 Voting Delegate Packet

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

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Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

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

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

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

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

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

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

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

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Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 108 of 111 MS Council Report Mekechuk 23 08 15 Page 1

COMMITTEE AND COMMISSION REPORTS

MAYOR BRYAN MEKECHUK
08/15/23
Sundry Meetings
▪ Attended:
– PG&E meeting on 08/15/23 for 476 Monte Sereno/Los Gatos residents affected by power outages on July 4, 17 and 20, and August 6 and 10
▪ To attend:
– Monte Sereno Green Stormwater Infrastructure meeting on 08/16/23 at 10:00 am – Mid Pen Open Space meeting on 08/18/23 at 11:30 am
▪ Worked with Eagle Scout candidate Johann Jacob on his Community Center survey Silicon Valley Clean Energy
Director
▪ Last meeting was on 08/09/23
– Unfortunately, I missed this meeting
▪ Next monthly meeting is Wednesday, 09/13/23, in Cupertino Chair, Audit Committee
▪ Next meeting is in September 2023
▪ SVCE’s year end is September 30
Vice Chair, Executive Committee
▪ Last meeting was in person on 07/26/23
– Preview of Board issues for 08/09/23 Board meeting
▪ Next monthly meeting is Friday, 08/25/23 at SVCE headquarters Member, Legislative Ad Hoc Committee
▪ Last meeting was on 06/21/23 at 3:00 pm
▪ Next meeting is TBD
Risk Oversight Committee
▪ Last meeting was on 05/24/23
– Next monthly meeting is 08/23/23 at 9:00 am
West Valley Clean Water Management Authority
Chair
▪ Next quarterly meeting is Thursday, 09/07/23 at Monte Sereno City Hall at 4:00 pm West Valley Solid Waste Joint Management Authority
Chair
▪ Next quarterly meeting is Thursday, 09/07/23 at Monte Sereno City Hall at 5:00 pm

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MS Council Report Mekechuk 23 08 15 Page 2
Recycling and Solid Waste Reduction Commission
Member
▪ Next meeting is 08/23/23 (meets on fourth Friday of even numbered months) – Attending remotely from City Hall Chambers
Valley Transportation Authority
Member, Policy Advisory Committee
▪ Monthly meeting on 08/10/23 in person
▪ Next monthly meeting is Thursday 09/14/23 at 4:00 pm in person West Valley Mayors & Managers
▪ Last meeting was on 06/28/23 in Los Gatos (July and August meetings were cancelled) – Next meeting is 09/28/23
Mayors of Santa Clara County Meeting
Matt Mahan Mayor of San Jose
▪ Met on Friday, 08/11/23 in Mountain View City Hall then toured Mountain View’s Safe Parking site ▪ Next meeting is TBD
Cities Selection Committee
Vice Chair
▪ Next meeting TBD in 2024
Association of Bay Area Governments (ABAG)
Delegate Monte Sereno
▪ Annual General Assembly met on 06/16/23 in San Francisco – Approved budget, proposed dues and workplan for 2023
City of Monte Sereno
S-Curve Ad Hoc Committee
▪ Next meeting TBD
Community Center Committee
▪ Next meeting is Friday, August 18 at 8:30 am
Youth Commission – Alternate
▪ Next meeting is in September 2023
Liaison – Better Streets Commission
▪ Met on Thursday, 08/03/23 at 7:00 pm at Monte Sereno City Hall ▪ Next meeting is Thursday, 10/05/23
Finance Ad Hoc Committee
▪ Next meeting TBD

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MS Council Report Mekechuk 23 08 15 Page 3
IT Ad Hoc Committee
▪ No meetings to date

Page 111 of 111 ends

Monte Sereno City CouncilAugust 15, 2023

Monte Sereno City Council
August 15, 2023