Agenda, first session — Monte Sereno City Council, October 17, 2023

AGENDA
City of Monte Sereno
Tuesday, October 17, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030

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Page

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

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

PRESENTATIONS

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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. Recieved Written Communication
Additional Written Communication 10.17.23
6 - 9

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.

2. Approve the October 3, 2023 Special City Council Meeting Minutes Staff recommends that the Council approve the October 3, 2023 Special City Council Meeting Minutes.

Staff Report - SR-21-033 - Pdf
10 - 12

3. Approve the October 3, 2023 Regular City Council Meeting Minutes Staff recommends that the Council approve the October 3, 2023 Regular City Council Meeting Minutes.
10-03-23 Regular Meeting Minutes DRAFT Bryan
Staff Report - SR-21-033 - Pdf
13 - 23

4. Approve Warrant List Dated October 17, 2023 in the Amount $262,183.52
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-23-210 - Pdf
24 - 26

5. Accept the Treasurer's Report for the Period Ending June 30, 2023 Staff recommends the City Council accept the Treasurer's Report for the period ending June 30, 2023
Staff Report - SR-23-216 - Pdf
27 - 47

6. Consideration and Approval of Community Center Color Palette and Design Materials that were recommended by the Community Center Committee and Approve Resolution No. 23-3887.1 Modifying The Responsibilities Of The Community Center Committee
Staff recommends that Council Approves the Community Center 48 - 52

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Committee’s color palette and design material choices and approve Resolution No. 23-3887.1, Modifying The Responsibilities Of The Community Center
Staff Report - SR-23-209 - Pdf

7. Adoption of Ordinance No. NS-237, 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, Amending Section 9.07.060 (Mechanical Blowers-Sound Limit) to Revise the Allowed Noise Level of Leaf Blowers, and Adding Section

9.07.035 (Mechanical Blowers – Gas Power Devices Prohibited).

Staff recommends the City Council waive the second reading and adopt Ordinance No. NS-237 which would make the following revisions to the operation of mechanical leaf blowers:
 Revised the allowed hours of operation to permit leaf blowers to be used between 9:00am and 5:00pm Monday through Saturday and from 10:00am to 5:00pm on Sunday and City observed
holidays.
 Revise the allowed noise level for all leaf blowers to be a maximum of 65 dB at 50 feet from the equipment.
 Prohibit the use of gas-powered leaf blowers.

The ordinance will have an effective date of January 15, 2024. As directed by the City Council, as an administrative practice, staff will not enforcement these code changes until January 1, 2026.

Staff Report - SR-23-213 - Pdf
53 - 57

PUBLIC HEARINGS

UNFINISHED BUSINESS

8. Introduction and Waiver of First Reading of Ordinance No. NS-240, an Ordinance of the City Council of the City of Monte Sereno Amending Chapter 10.05 (Zoning District Regulations), Chapter 10.08 (Site Development Permits and Planned Development Permits), Chapter

10.15 (Tree Preservation), and Chapter 13.06 (Urban Lot Splits) Staff recommends that the City Council introduce and waiver the first reading of Ordinance No. NS-240.

Staff Report - SR-23-211 - Pdf
Public Comment 10.16.23
Presentation
58 - 97

NEW BUSINESS

9. Introduction and Waiver of First Reading of Ordinance No. NS-239, an 98 - 106

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Ordinance of the City Council of the City of Monte Sereno Amending Section 10.06.140 (Accessory Dwelling Units) to address comments received from the California Department of Housing and Community Development.

Staff recommends that the City Council introduce and waive the first reading of Ordinance No. NS-239.

Staff Report - SR-23-212 - Pdf

10. Consideration of and Appointment to a City of Monte Sereno Council Ad-Hoc Committee for Renewal of the Los Gatos-Monte Sereno Police Agreement for Law Enforcement Services
Staff recommends The Monte Sereno City Council consider creation of an Ad-hoc Committee and appoint two members of Council to evaluate the renewal of the Los Gatos-Monte Sereno Police Department (LGMSPD) Agreement for Law Enforcement Services.

Staff Report - SR-23-215 - Pdf
107 - 118

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 09/12/23 10/10/23
Santa Clara County Library JPA 06/01/23
Ellahie
Cities Association – Board of Directors 05/11/23 08/10/23 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 09/14/23 10/12/23 West Valley Clean Water Board 09/07/23 11/02/23
West Valley Solid Waste/ Recycling JPA 09/07/23 11/02/23 Silicon Valley Clean Energy Authority 09/13/23 10/11/23

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Association of Bay Area Governments 06/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 09/14/23 10/12/23
Cities Selection Committee 05/12/23 TBD in 2024
Mayors of Santa Clara County 11/03/23

COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.

CITY MANAGER’S REPORT

FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.

RECESS TO CLOSED SESSION

11. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION
(Government Code Section 54956.9(e)

RECONVENE TO OPEN SESSION

CLOSED SESSION REPORT

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: Burton Craig; Bryan Mekechuk; City Attorney Kirsten Powell; Evert Wolsheimer; Gloisy Gonzalez-Langarica; Javed Ellahie; Rowena Turner; Steve Leonardis
Subject: Fwd: Drone Sightings - for MS City Council Meeting on October 17th Date: Wednesday, October 11, 2023 1:18:35 PM
Hi City Council,
I also would like put the possibility of banning drones over private property on the agenda for the next City Council meeting. Gangs are using the drones to case neighborhoods and then follow with burglarizing. We should discuss action as soon as possible since there has been a recent uptick in drone activity on Viewfield. Also, we would ideally want any solution in place before the holidays.

Thanks,
Allison Zeidler
----- Forwarded Message -----
From: Kelly Weisberg <[email protected]>
To: Gloisy Gonzalez-Langarica <[email protected]> Sent: Thursday, October 5, 2023 at 11:18:59 AM PDT
Subject: Drone Sightings - for MS City Council Meeting on October 17th Dear Gloisy,
Please bring this question to the attention of the Monte Sereno City Council during the Public Comment section at the October 17th meeting:
* * * * * * * * * *
Several neighbors on Viewfield Road have seen drones flying over their homes during the early evening hours (5-7pm) in the last month. This is alarming because drones were flying overhead immediately before past burglaries occurred on the street.

Drones have the ability to monitor our comings and goings. They can determine (through thermal imaging) whether homeowners are at home.

They can crash and cause injury to people and property.

Therefore, they constitute an invasion of our privacy. And, they interfere with the right of quiet enjoyment of our property.

In response to this problem, several local communities have banned drones flying over private property.

We, the Viewfield Road Neighbors Association, are wondering what the Monte Sereno City Council can do to ban drones flying over private property? We respectfully ask that the City Council and City

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Attorney look into this problem and report back to the City Council and to the Viewfield Neighborhood Association.
* * * * * * * * * *
Thank you.

Kelly Weisberg, J.D., Ph.D.

President, Viewfield Road Neighborhood Association

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From: Kelly Weisberg
To: Gloisy Gonzalez-Langarica
Subject: Drone Sightings - for MS City Council Meeting on October 17th Date: Thursday, October 5, 2023 11:19:12 AM
Dear Gloisy,
Please bring this question to the attention of the Monte Sereno City Council during the Public Comment section at the October 17th meeting:
* * * * * * * * * *
Several neighbors on Viewfield Road have seen drones flying over their homes during the early evening hours (5-7pm) in the last month. This is alarming because drones were flying overhead immediately before past burglaries occurred on the street.

Drones have the ability to monitor our comings and goings. They can determine (through thermal imaging) whether homeowners are at home. They can crash and cause injury to people and property.

Therefore, they constitute an invasion of our privacy. And, they interfere with the right of quiet enjoyment of our property.

In response to this problem, several local communities have banned drones flying over private property.

We, the Viewfield Road Neighbors Association, are wondering what the Monte Sereno City Council can do to ban drones flying over private property? We respectfully ask that the City Council and City Attorney look into this problem and report back to the City Council and to the Viewfield Neighborhood Association.
* * * * * * * * * *
Thank you.

Kelly Weisberg, J.D., Ph.D.

President, Viewfield Road Neighborhood Association

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From: Allison Zeidler
To: Gloisy Gonzalez-Langarica
Subject: Fwd: Public Comment - Winchester Evacuation Route Impacts Date: Tuesday, October 17, 2023 12:11:49 PM
Hi Gloisy... I should have copied you on this. Sorry about that.

Allison
---------- Forwarded message ---------
From: Allison Zeidler <[email protected]>
Date: Tue, Oct 17, 2023 at 11:54 AM
Subject: Public Comment - Winchester Evacuation Route Impacts To: Bryan Mekechuk <[email protected]>, Burton Craig <[email protected]>, Evert Wolsheimer <[email protected]>, Javed Ellahie <[email protected]>, Rowena Turner <[email protected]>
CC: Daryl Jordan <[email protected]>, Liz Lawler <[email protected]>, Steve Leonardis <[email protected]> City Council,
Recently I heard that that the green posts on Winchester are going to be replaced with raised concrete. Is that true?
Narrowing Winchester by one lane for bikes reduced the capacity of one of our only two evacuation routes. The one consolation from a safety perspective was that cars could probably drive through the green cones in an emergency.

If there is now a plan to replace the green cones with raised concrete, that would be very concerning. There is such an increase in housing and the route is undersized as it. The entrance to Hwy 17 at Hwy 9 is about to be choked with about 300 more housing units at Alberto Way, plus those that may replace the post office.

With some people still working from home, perhaps we don't think about the thousands of people that would hit Winchester simultaneously in an emergency and what that would look like.

I heard there was thought of an alternate route out of the end of Ridgecrest. Any fire would likely come over the mountains so that would likely be dangerous or impassable.

I implore City Council to find out whether there is a plan by Los Gatos or anyone else to install further obstacles on Winchester.

Our choices now will heavily influence the outcome in an eventual emergency.

Respectfully,
Allison Zeidler

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STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the October 3, 2023 Special City Council Meeting Minutes Recommendation(s):

Staff recommends that the Council approve the October 3, 2023 Special City Council Meeting Minutes.

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:
10-03-23 Special Meeting Minutes DRAFT

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MONTE SERENO CITY COUNCIL

MEETING MINUTES

SPECIAL MEETING
5:30 p.m.

October 3, 2023

MEETING CALLED TO ORDER
At 5:32 p.m., Mayor Mekechuk called the meeting to order.

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

Absent: Councilmember Turner
Staff: City Clerk Gonzalez-Langarica, City Manager Leonardis and City Attorney Powell

PUBLIC COMMUNICATION REGARDING CLOSED SESSION ITEMS
Mayor Mekechuk opened the item for Public Comment.

Public Comment
▪ Former Mayor Lucas
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.

ADJOURN TO CLOSED SESSION
City Council adjourned to Closed Session at approximately 5:36 p.m.

CLOSED SESSION

1. PUBLIC EMPLOYMENT
Government Code Section 54957
Title: City Manager

RECONVENE TO OPEN SESSION
City Council reconvened to Open Session at approximately 6:50 p.m. with Mayor Mekechuk, Councilmember Craig, Councilmember Ellahie and Vice Mayor Wolsheimer present.

REPORT ON ACTION TAKEN DURING CLOSED SESSION
Mayor Mekechuk stated there was no reportable action.

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ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 6:51 p.m.

Bryan Mekechuk, Mayor
ATTEST:

Gloisy Gonzalez-Langarica, City Clerk

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MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

October 03, 2023

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

PLEDGE OF ALLEGIANCE
Police Captain Clinton Tada conducted the Pledge of Allegiance.

ROLL CALL
Present Councilmember Turner, Councilmember Craig, Councilmember Ellahie, Vice Mayor Wolsheimer and Mayor Mekechuk

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

ORDERS OF THE DAY
None.

PRESENTATIONS

1. Santa Clara County Fire Department Annual Presentation by SCCFD Deputy Chief Mark Shumate and SCCFD Deputy Chief Jason Polarski

ORAL COMMUNICATIONS
None.

WRITTEN COMMUNICATIONS
None.

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

2. Approve the September 19, 2023 Special and Regular City Council Meeting Minutes

3. Approve Warrant List Dated October 3, 2023 in the Amount of $55,698.19

4. Accept Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and

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Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974

5. Approval of the Community Resilience Program - Capital Projects Grant Agreement

6. Purchase of City Vehicle
Councilmember Turner pulled Item #4. Councilmember Ellahie pulled Item #6.

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

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

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

4. Accept Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974 City Planner Perkins provided a staff report and answered questions from Council.

City Attorney Powell answered questions from Council.

Discussion ensued.

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 Accept Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974. Seconded by Councilmember Turner.

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

6. Purchase of City Vehicle
City Planner Perkins provided a staff report and answered questions from Council.

Discussion ensued.

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 the Purchase of City Vehicle.

Seconded by Vice Mayor Wolsheimer.

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

PUBLIC HEARINGS
None.

UNFINISHED BUSINESS

7. Adoption of 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

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Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” City Attorney Powell provided a staff report and answered questions from Council.

Police Captain Clinton Tada answered questions from Council.

Discussion ensued.

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 Adopt 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.” Seconded by Councilmember Craig.

VOTE: Motion passed. (4-1-0; Noes Turner)

8. Introduction and Waiver of First Reading of either 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 or
Ordinance No. NS-237 an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors), Repealing Section

9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage, and adding Section 9.07.035 (Mechanical Blowers – Gasoline Power Prohibited)
City Planner Perkins provided a staff report and answered questions from Council.

Discussion ensued.

Mayor Mekechuk opened the item for Public Comment.

Public comments
▪ Resident Scott
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Mayor Mekechuk to Adopt Ordinance No. NS-237 an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors), Repealing Section

9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage, and adding Section 9.07.035 (Mechanical Blowers – Gasoline Power Prohibited) with an effective date of January 1, 2024 with an information warning period through January 1, 2026. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion passed. (4-1-0; Noes Turner)

9. Update from Public Works Director/City Engineer on Capital Projects

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Public Works Director/City Engineer Jordon provided an update report on the S-Curve, Community Center and Green Stormwater Infrastructure projects.

Discussion ensued.

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

Informational only. No action was taken.

NEW BUSINESS
None.

COMMITTEE/COMMISSION REPORTS
Councilmember Craig stated having nothing to report.

Councilmember Ellahie stated having nothing to report.

Councilmember Rowena stated having nothing to report.

Vice Mayor Wolsheimer shared that he attended the second meeting of this year with Silicon Valley Animal Control Authority. Vice Mayor stated the organization has been a well-run organization where the Executive Director has been there for 20 years. He expressed how he admires how they conduct business as a no-kill shelter, which is a shelter that saves animals unless they are very ill. He also shared that SVACA has strong good financial reserves and that he pointed out they could be making more interest on that through laddered T-Bills.

Mayor Mekechuk provided City Clerk Gonzalez-Langarica a hard copy of his Committee and Commission Reports (attached) and briefly highlighted the following items:

Mayor Mekechuk shared that he attended the swearing-in of five Officers at Los Gatos-Monte Sereno Police Department last week, and was pleased to learn that one of the Officers and his family live in Monte Sereno. He expressed feeling proud of the higher ratio of LGMS PD Officers that live in Monte Sereno compared to Los Gatos.

Mayor Mekechuk shared he will be going on a tour next week of the East Wing of White House of the Capital. Accordingly, he will be unable to attend several committee meetings and his Alternate will attend in his absence.

Lastly, Mayor Mekechuk shared that Cub Scout Pack 556 asked to meet with him and speak on City Government.

COUNCILMEMBER COMMENTS
Vice Mayor Wolsheimer shared that he graduated from his CERT class last week. Council now has two CERT graduates on Council.

Mayor Mekechuk shared that through Santa Clara County the City obtained 180 COVID test. COVID is still around, and he urged everyone at City Hall and our residents to obtain free tests from the City if they feel ill.

CITY MANAGER’S REPORT
City Manager Leonardis shared the Annual Children’s Holiday parade is on Saturday December 2, 2023 at 11 AM and for Council to mark their calendars. Staff will be putting together some ideas for

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a float for both Council and Youth Commission.

FUTURE AGENDA ITEMS
None.

ADJOURN
Mayor Mekechuk adjourned the meeting at approximately 9:18 p.m.

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

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STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the October 3, 2023 Regular City Council Meeting Minutes Recommendation(s):

Staff recommends that the Council approve the October 3, 2023 Regular City Council Meeting Minutes.

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:
10-03-23 Regular Meeting Minutes DRAFT Bryan

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MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

October 03, 2023

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

PLEDGE OF ALLEGIANCE
Police Captain Clinton Tada conducted the Pledge of Allegiance.

ROLL CALL
Present Councilmember Turner, Councilmember Craig, Councilmember Ellahie, Vice Mayor Wolsheimer and Mayor Mekechuk

ORDERS OF THE DAY
None.

PRESENTATIONS

1. Santa Clara County Fire Department Annual Presentation by SCCFD Deputy Chief Mark Shumate and SCCFD Deputy Chief Jason Polarski

ORAL COMMUNICATIONS
None.

WRITTEN COMMUNICATIONS
None.

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

2. Approve the September 19, 2023 Special and Regular City Council Meeting Minutes

3. Approve Warrant List Dated October 3, 2023 in the Amount of $55,698.19

4. Accept Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and

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Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974

5. Approval of the Community Resilience Program - Capital Projects Grant Agreement

6. Purchase of City Vehicle
Councilmember Turner pulled Item #4. Councilmember Ellahie pulled Item #6.

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

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

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

City Attorney Powell answered questions from Council.

Discussion ensued.

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

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

6. Purchase of City Vehicle
City Planner Perkins provided a staff report and answered questions from Council.

Discussion ensued.

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 the Purchase of City Vehicle.

Seconded by Vice Mayor Wolsheimer.

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

PUBLIC HEARINGS
None.

UNFINISHED BUSINESS

7. Adoption of 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

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Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” City Attorney Powell provided a staff report and answered questions from Council.

Police Captain Clinton Tada answered questions from Council.

Discussion ensued.

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

VOTE: Motion passed. (4-1-0; Noes Turner)

Discussion ensued.

Mayor Mekechuk opened the item for Public Comment.

Public comments
▪ Resident Scott
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.

9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage, and adding Section 9.07.035 (Mechanical Blowers – Gasoline Power Prohibited) with an effective date of January 1, 2024 with an information warning period through January 1, 2026. Seconded by Vice Mayor Wolsheimer.

VOTE: Motion passed. (4-1-0; Noes Turner)

9. Update from Public Works Director/City Engineer on Capital Projects

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Public Works Director/City Engineer Jordon provided an update report on the S-Curve, Community Center and Green Stormwater Infrastructure projects.

Discussion ensued.

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

Informational only. No action was taken.

NEW BUSINESS
None.

COMMITTEE/COMMISSION REPORTS
Councilmember Craig stated having nothing to report.

Councilmember Ellahie stated having nothing to report.

Councilmember Rowena stated having nothing to report.

Mayor Mekechuk provided City Clerk Gonzalez-Langarica a hard copy of his Committee and Commission Reports (attached) and briefly highlighted the following items:

Lastly, Mayor Mekechuk shared that Cub Scout Pack 556 asked to meet with him and speak on City Government.

COUNCILMEMBER COMMENTS
Vice Mayor Wolsheimer shared that he graduated from his CERT class last week. Council now has two CERT graduates on Council.

Page 22 of 118 ends

Page 5 ends

a float for both Council and Youth Commission.

FUTURE AGENDA ITEMS
None.

ADJOURN
Mayor Mekechuk adjourned the meeting at approximately 9:18 p.m.

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

Page 23 of 118 ends

STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated October 17, 2023 in the Amount $262,183.52 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 10 17 Warrants List

Page 24 of 118 ends

CITY OF MONTE SERENO

October 17, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20522 Moore GMC Purchase New 2023 GMC Canyon Truck
ID#1GTP5BEK6P1205235 on October 4 2023 42,033.05 01-810 20523 US Postmaster Pre-pay bulk mailing postage for quarterly City Newsletter 2,500.00 01-711 20524 Alamo Landscaping &
Maintenance
Landscape maintenance at City Hall - August and September 2023 1,060.00 01-860
20525 Alana Consulting, LLC Hourly Building Offical Services 08/28/2023to 09/24/2023 ($5463) and e-Permit Development ($5520). 10,982.50 01-765 20526 Apex Asphalt Paving Curb/Gutter removal & 6" concrete installation at 18194 Daves Ave 7,640.00 01-845
20527 Association of Bay Area
Government Natural gas service for City Hall 180.00 01-705 20528 Void Void Void
20529 Bay Area News Group Publish public hearing notice for Ordinance # NS-237 ($315) and NS-238 amending Title 4 Ch 4.22 ($2411). 2,725.52 01-565 20530 California Building
Standards
Remit 1st Quarter 2023 (Jul-Sep 2023) fees charged on building permits to Building Standards Administration Special Revolving Fund (BSASRF).
434.00 01-532
20531 Century Graphics Purchased 7 Northface black jackets with the City of Monte Sereno logo. 1,043.45 01-710
20532 City of Campbell -
Finance Department
West Valley Solid Waste Management Authority 2nd Quarter FY 2024 charge. 7,023.93 01-522
20533 Corodata Records
Management Inc.

Standard record storage carton, 3" blueprint tube carton, and plan carton. 58.30 01-710
20534 CSG Consultants, Inc Engineering services for project on 17795 Vineland Avenue SB9 PM. 2,210.00 01-765 20535 Department of
Conservation
Remit 1st Quarter 2023 (Jul-Sep 2023) fees collected for Strong Motion Instrumentation and Seismic Hazard Mapping Fees. 1,481.00 01-531 20536 Dicar Networks, Inc. Monthly Managed Service Total care on office computer system ($1325) and Microsoft software licenses ($1099). 2,424.00 01-535 01-811 20537 EMC Planning Group,
Inc. Housing Element Update Project 3,973.72 01-535
20538 Frontier Communications Dedicated landline at City Hall 40.89 01-720 20539 Heidi's Commercial
Cleaning Weekly cleaning services for City Hall 750.00 01-860 20540 Hillview Design Print
Media
Business cards for the Mayor and Building Inspector/Code Enforcement Officer. 205.36 01-710
20541 Kimley-Horn and
Associates, Inc. Daves Avenue - S Curve Project 13,041.00 05-870 20542 KTUA Monte Sereno BPMP project 955.00 05-925
1 of 2 Page 25 of 118

CITY OF MONTE SERENO

October 17, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20543 Liberty Plugins, Inc. Quarterly Administration fee for PaybyMobile billing service. 300.00 01-811 20544 Logan & Powell, LLP City Attorney Services 7,500.00 01-425 20545 Moore GMC Floor panels for the new 2023 GMC Canyon Truck and Ultimate Lining spray. 883.92 01-810
20546 San Jose Water Water service for City Hall ($289) and Annex Building / grounds ($502) 791.36 01-705
20547 TL Engineering Construction staking for storm drain project - Constitution Ave Drainage Improvement project. 1,084.00 01-815
20548 Town of Los Gatos
Finance Department Police services 84,217.00 03-545
20549 Wells Fargo Bank
General office supplies ($1666), Office phone service ($308) Zoom ($88), Travel to conference ($272), League of California Cities ($600) and ($550), Software license renewal ($441) and building maintenance supplies and materials ($1440).
5,423.46
01-711
01-720
01-740
01-745
01-811
01-860
20550 West Valley Sanitation
District City Hall building ($815) and Annex Building ($427). 1,242.00 01-860 20551 COMCAST Internet services 106.67 01-720
20552 Town of Los Gatos
Finance Department Pass-thru disbursement of FY 2022-23 COPS ELEAS Jan 2023 8,333.33 03-548 20553 Town of Los Gatos
Finance Department Pass-thru disbursement of COPS ELEAS Feb 2023 FY 2022-23 29,461.77 03-548 20554 Town of Los Gatos
Finance Department Pass-thru disbursement of FY 2022-23 COPS Mar 2023 ELEAS 20,538.29 03-548 20544 Logan & Powell, LLP Padgett v. Curtis Wright (collection action) 1,540.00 01-427 TOTAL WARRANT LIST $262,183.52

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 26 of 118

STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending June 30, 2023 Recommendation(s):

Staff recommends the City Council accept the Treasurer's Report for the period ending June 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 06 30 (Final 10-12- 2023)

Page 27 of 118 ends

Part 2 - Significant Variances to Budget Narrative 2023 06 30 (Final 10-12-2023) Part 3 - Demand Account Report 2023 06 30 (Final 10-11-2023) Part 4 - LAIF Investment Report 2023 06 30 (Final 10-11-2023)

Page 28 of 118 ends

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

REVENUES

PROPERTY TAX

LICENSE & PERMITS

FRANCHISE TAX

INTERGOVERNMENTAL

OTHER REVENUE

GAS TAX

INTEREST

REAL PROPERTY TAX

SALES TAX

FEDERAL RELIEF FUNDS AND OTHER
FINES

TOTAL REVENUE
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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
2,326,700 319,102 2,771,990 445,290 119.1%
914,100 56,930 808,078 (106,022) 88.4%
310,000 35,397 362,830 52,830 117.0%
236,485 554 203,012 (33,473) 85.8%
280,700 9,279 211,911 (68,789) 75.5%
191,000 15,282 159,504 (31,496) 83.5%
11,200 35,469 118,090 106,890 1054.4%
145,000 0 81,869 (63,131) 56.5%
12,000 613 13,967 1,967 116.4%
772,100 0 409,905 (362,195) 53.1%
3,000 46 1,704 (1,296) 56.8%
5,202,285 472,672 5,142,860 (59,425) 98.9%
Page: 1 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 29 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

PROPERTY TAX
01-202 Secured
01-204 Unsecured
01-210 Homeowners Exemption
01-214 SB 813 Supplemental
03-316 Law Enforcement Tax (See Notes
Below)
40-366 Secured
40-368 Unsecured
40-370 Homeowners Exemption
40-378 Homeowner Exempt/SB813
50-402 Assessment

TOTAL PROPERTY TAX
Notes to Law Enforcement Tax - $89,000
03-316
Police Special Tax Assessment
per Assessor's Report May 5,
2022 - Total $89,000

SALES TAX
01-296 Sales and UseTax

TOTAL SALES TAX
01-298 Coronavirus Relief Fund (State)

TOTAL FEDERAL RELIEF FUNDS
Notes to Relief Funds (Federal & Other) $772k
01-298 Silicon Valley Clean Energy ($18k) -
Secured if usd for solar panel/battery
Prop 68 Per Capita Program ($180k) -
Secured if expended by 12/31/2023
Federal Relief Funds ($409.5k) -
Awarded Coronavirus State and local
Fiscal Recovery Funds.

Unidentified energy, Parks, or
Rescue Funding ($164k) - To be
determined
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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
2,108,700 233,054 2,398,635 289,935 113.7%
89,000 0 98,598 9,598 110.8%
5,000 807 5,379 379 107.6%
35,000 5,325 75,267 40,267 215.0%
89,000 79,575 191,417 102,417 215.1%
0 333 2,479 2,479 N/A
0 0 119 119 N/A
0 1 6 6 N/A
0 7 91 91 N/A
0 0 0 0 N/A
2,326,700 319,102 2,771,990 445,290 119.1%
12,000 613 13,967 1,967 116.4%
12,000 613 13,967 1,967 116.4%
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 06 30 (Final 10-12-2023) Page 30 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

GAS TAX
12-328 Gas Tax
12-333 Gas Tax (SB-1)

TOTAL GAS TAX

FRANCHISE TAX
01-262 Gas
01-263 Electricity
01-264 Water
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-268 Cable TV

TOTAL FRANCHISE TAX

REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX

LICENSE AND PERMIT FEES
01-231 SB1186 Fees
01-232 Business License
01-234 ConstructionTax
01-235 SMIP
01-236 Construction Permits
01-237 Grading Permits
01-238 SB1473 (BSASRF)
01-240 Subdivision Fee
01-241 Site Development\Use\Variance\
01-242 Zoning Fees
01-243 Planning Miscellaneous
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 8,210 83,140 (25,860) 76.3%
82,000 7,072 76,363 (5,637) 93.1%
191,000 15,282 159,504 (31,496) 83.5%
17,600 0 26,950 9,350 153.1%
38,000 0 47,301 9,301 124.5%
38,400 0 36,101 (2,299) 94.0%
130,000 32,567 145,074 15,074 111.6%
36,000 2,830 34,328 (1,672) 95.4%
50,000 0 73,077 23,077 146.2%
310,000 35,397 362,830 52,830 117.0%
145,000 0 81,869 (63,131) 56.5%
0 0 0 0 N/A
145,000 0 81,869 (63,131) 56.5%
680 644 1,596 916 234.7%
12,320 12,210 29,451 17,131 239.1%
36,000 612 28,126 (7,874) 78.1%
6,300 272 4,259 (2,041) 67.6%
697,000 35,413 589,094 (107,906) 84.5%
50,000 1,180 37,021 (12,979) 74.0%
3,000 69 1,379 (1,621) 46.0%
200 0 0 (200) 0.0%
8,500 2,060 16,060 7,560 188.9%
0 0 0 0 N/A
100 350 2,149 2,049 2149.2%
40,000 0 32,516 (7,484) 81.3%
60,000 4,119 66,427 6,427 110.7%
914,100 56,930 808,078 (106,022) 88.4%
Page: 3 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 31 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)

TOTAL FINES

INVESTMENT INCOME
01-282 Interest - General (See Notes
Below)
12-332 Gas Tax Interest
. TOTAL INTEREST
.

Notes to Interest - General - $11,200
01-282
LAIF interest payment received in
arrears - Estimated $11,200 FY
2023.

INTERGOVERNMENTAL
01-287 AB939 (recycle incentive)
01-288 Abandoned Vehicle Abatement
01-300 Motor vehicle (state)
01-305 Miscellaneous
03-318 COPS grant revenue
05-323 Miscellaneous (Measure B &VRF)
See Notes Below

TOTAL INTERGOVERNMENTAL
Notes to Miscellaneous (05-323) - $129,185
05-323
Measure B - Pavement
Management Program (Annual) -
$80,685
05-323
TDA - Highway 9 Safety
Improvement Gap Closure -
$26,500
05-323 VRF - To be determined
allocation - $22,000
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 46 1,204 (1,796) 40.1%
3,000 46 1,704 (1,296) 56.8%
10,000 34,399 110,841 100,841 1108.4%
1,200 1,071 7,249 6,049 604.1%
11,200 35,469 118,090 106,890 1054.4%
1,100 224 1,174 74 106.7%
2,000 347 2,328 328 116.4%
4,200 0 3,576 (624) 85.2%
0 0 0 0 N/A
100,000 (18) 165,271 65,271 165.3%
129,185 0 30,663 (98,522) 23.7%
236,485 554 203,012 (33,473) 85.8%
Page: 4 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 32 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
. OTHER REVENUE
01-246 Road Impact fees
01-290 BCJPIA/State fund Ins. rebate
01-291 Microfilm Fee
01-292 Miscellaneous (See Notes Below)
01-294 Reimb. Publication
01-295 Election Candidate Fees
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance

TOTAL OTHER REVENUE
Notes to Miscellaneous (01-292) $283,600
01-292 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
June 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 8,594 159,518 (10,482) 93.8%
500 0 0 (500) 0.0%
7,200 685 9,580 2,380 133.1%
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 0 10,036 (7,964) 55.8%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
280,700 9,279 211,911 (68,789) 75.5%
5,202,285 472,672 5,142,860 (59,425) 98.9%
Page: 5 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 33 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

EXPENDITURES

PERSONNEL

LAW ENFORCEMENT

CONSTRUCTION

GENERAL GOVERNMENT

MAINTENANCE

ADMINISTRATION

CITY ATTORNEY

BUILDING MAINTENANCE

EQUIPMENT AND IMPROVEMENT

BUILDING AND IMPROVEMENT

CITY AUDIT

ENGINEERING

SPECIAL DISTRICTS

TOTAL EXPENDITURES

NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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
1,506,832 119,302 1,290,870 (215,962) 85.7%
1,110,604 226,767 1,175,875 65,271 105.9%
1,000 13,869 45,025 44,025 4502.5%
456,000 69,095 402,592 (53,408) 88.3%
975,000 96,409 611,471 (363,529) 62.7%
528,660 188,806 732,852 204,192 138.6%
249,550 40,566 108,016 (141,534) 43.3%
30,000 5,995 52,308 22,308 174.4%
89,600 29,442 75,259 (14,341) 84.0%
725,000 4,500 28,732 (696,268) 4.0%
54,600 16,447 39,596 (15,004) 72.5%
33,272 0 11,247 (22,025) 33.8%
2,980 52 2,125 (855) 71.3%
5,763,098 811,251 4,575,967 (1,187,131) 79.4%
(560,813) (338,579) 566,893 1,127,706 -101.1%
Page: 6 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 34 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

EXPENDITURES

GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol
01-506 Youth Commission Programs
01-507 Community Interface
01-515 Council Memberships
01-520 Elections
01-521 Municipal Code Revision
01-522 Environmental Services
01-523 GIS Mapping
01-531 Disbursement SMIP
01-532 SB1473 (BSASRF)
01-533 Disbruse SB1186 Fees
01-535 Professional Services
01-540 Insurance & Bonding
01-545 Code Enforcement
01-550 Community Based Organizations
01-555 Emergency Services
01-560 Annexation
01-565 Legal Ads/Notices/Recording fees
01-570 General Plan Revise
01-575 Misc/Refunds
01-576 Sales Tax
01-585 Animal Control

TOTAL GENERAL GOVERNMENT
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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
2,000 932 18,687 16,687 934.3%
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 1,703 6,600 (5,400) 55.0%
15,000 0 0 (15,000) 0.0%
6,300 0 7,999 1,699 127.0%
0 0 2,341 2,341 N/A
0 0 0 0 N/A
215,000 55,551 144,217 (70,783) 67.1%
89,000 0 95,421 6,421 107.2%
0 130 41,653 41,653 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 2,491 7,871 (2,129) 78.7%
0 0 0 0 N/A
200 0 2 (198) 1.1%
0 0 0 0 N/A
36,000 8,288 40,191 4,191 111.6%
456,000 69,095 402,592 (53,408) 88.3%
Page: 7 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 35 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

PERSONNEL
01-605 Regular Full Time
01-615 Part Time
01-620 Long Term Disablity Ins
01-625 Retirement Employer
01-627 Retirement Employee
01-630 Health Insurance
01-635 Dental Insurance
01-636 Vision Care
01-642 Workers Comp. Insurance
01-645 Social Security
01-647 Medicare
01-650 Unemployment
01-660 Deferred Compensation
01-665 Benefits Allowance

TOTAL PERSONNEL

ADMINISTRATION
01-705 Office Utilities
01-710 Office Supplies
01-711 Postage
01-715 Office Equip Maintenance
01-718 Bank Fee Finance Charge
01-720 Communications
01-725 Reproduction/Printing
01-740 Mtgs/Trvl/Mileage reimb.
01-745 Publications/Memberships
01-755 Professional Services
01-765 Contract Services
01-770 Training
01-775 Miscellaneous
01-885 Horticultural/Arborist Services
01-999 City Mangers Revolving Account

TOTAL ADMINISTRATION
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 92,842 947,329 (143,907) 86.8%
0 0 0 0 N/A
0 0 0 0 N/A
95,593 7,430 78,418 (17,175) 82.0%
24,824 1,087 16,097 (8,727) 64.8%
135,177 9,810 135,856 679 100.5%
7,260 705 7,402 142 102.0%
0 894 894 N/A
8,400 0 6,877 (1,523) 81.9%
68,877 5,049 54,607 (14,270) 79.3%
16,143 1,181 13,857 (2,286) 85.8%
336 13 403 67 119.8%
38,586 1,185 19,530 (19,056) 50.6%
20,400 0 9,600 (10,800) 47.1%
1,506,832 119,302 1,290,870 (215,962) 85.7%
8,800 1,023 9,261 461 105.2%
14,580 3,307 32,889 18,309 225.6%
1,500 19 19 (1,481) 1.3%
40,760 705 9,485 (31,275) 23.3%
250 0 0 (250) 0.0%
24,300 13,830 40,267 15,967 165.7%
7,100 5,792 19,578 12,478 275.8%
19,700 5,854 20,540 840 104.3%
22,470 855 21,109 (1,361) 93.9%
0 0 0 0 N/A
361,000 156,586 569,004 208,004 157.6%
18,700 835 10,519 (8,181) 56.2%
0 0 180 180 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
528,660 188,806 732,852 204,192 138.6%
Page: 8 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 36 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

EQUIPMENT/IMPROVEMENTS
01-805 Office
01-810 Field
01-811 Computer, Hard/Software

TOTAL EQUIPMENT / IMPROVEMENTS

BUILDING/IMPROVEMENTS
01-814 Building Acquisition
01-815 Building Improvements

TOTAL EQUIPMENT / IMPROVEMENTS
Notes to Building Improvement (01-815) $725k
01-815 Annex Building Project $600,000
(Budget)
01-815 City Hall Retrofit Parking Lot
$125,000 (Budget)

LAW ENFORCEMENT
03-545 Police Services
01-546 Booking & CAL-ID
03-548 Disburse COPS grant funds

TOTAL LAW ENFORCEMENT

BUILDING MAINTENANCE
01-860 Building & Ground Maint
01-920 Building & Ground Const

TOTAL BUILDING MAINTENANCE

MAINTENANCE
01-845 Pavement Management Program
12-845 Pavement Management Program
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
12-841 PIP - Greenwood Road
12-865 Street Sweeping
25-850 Storm Drain Maintenance

TOTAL MAINTENANCE
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 29,442 75,259 659 100.9%
89,600 29,442 75,259 (14,341) 84.0%
0 0 0 N/A
725,000 4,500 28,732 (696,268) 4.0%
725,000 4,500 28,732 (696,268) 4.0%
1,010,604 168,434 1,010,604 0 100.0%
0 0 0 0 N/A
100,000 58,333 165,271 65,271 165.3%
1,110,604 226,767 1,175,875 65,271 105.9%
30,000 5,995 42,688 12,688 142.3%
0 0 9,620 9,620 N/A
30,000 5,995 52,308 22,308 174.4%
310,000 9,440 414,484 104,484 133.7%
0 0 0 0 N/A
0 14,800 43,140 43,140 N/A
627,000 22,359 68,819 (558,181) 11.0%
12,000 4,400 9,130 (2,870) 76.1%
3,000 195 1,465 (1,535) 48.8%
43,383 43,383
11,000 1,833 14,550 3,550 132.3%
12,000 0 16,500 4,500 137.5%
975,000 96,409 611,471 (363,529) 62.7%
Page: 9 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 37 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-905 Traffic Safety Project
05-925 Traffic Safety Misc Bike/Ped Improv
12-915 Gas Tax Road Project
25-910 Storm Drain Project

TOTAL CONSTRUCTION

ENGINEERING
Mapping and Records System
12-875 Congestion Management
25-805 WV Clean Water Administration

TOTAL ENGINEERING

SPECIAL DISTRICTS
40-935 Loma Serena Lighting
50-945 Rose/Andrews Lighting

TOTAL SPECIAL DISTRICTS
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 0 690 690 N/A
0 0 0 0 N/A
0 0 1,810 1,810 N/A
0 2,369 24,180 24,180 N/A
0 11,500 18,345 18,345 N/A
1,000 0 0 (1,000) 0.0%
1,000 13,869 45,025 44,025 4502.5%
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 5 1,608 (432) 78.8%
940 48 516 (424) 54.9%
2,980 52 2,125 (855) 71.3%
Page: 10 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 38 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

CITY ATTORNEY
01-425 Retainer
01-427 Litigation
01-430 City Attorney litigation
01-435 Mtg, Trv, Prot.

TOTAL CITY ATTORNEY

CITY AUDIT
01-470 Audit
12-472 Gas Tax Audit
01-480 Misc/Bank charges

TOTAL CITY AUDIT

TOTAL EXPENDITURES

NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget

CURRENT MONTH
June 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 30,455 90,734 6,184 107.3%
165,000 10,111 17,282 (147,718) 10.5%
0 0 0 0 N/A
0 0 0 0 N/A
249,550 40,566 108,016 (141,534) 43.3%
45,300 16,050 30,800 (14,500) 68.0%
3,000 0 2,996 (4) 99.9%
6,300 397 5,800 (500) 92.1%
54,600 16,447 39,596 (15,004) 72.5%
5,763,098 811,251 4,575,967 (1,187,131) 79.4%
(560,813) (338,579) 566,893 1,127,706 -101.1%
Page: 11 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 39 of 118

THE CITY OF MONTE SERENO

RECEIPTS AND DISBURSEMENT REPORT

FOR THE MONTH OF
June 2023
100.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4

TOTAL FUND RESERVES

WARRANT CHECKING ACCOUNT
01-010 TOTAL WARRANT CHECKING

SAVINGS ACCOUNT
01-015 General
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
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
June 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 11,495 373,590 256,140 318.1%
83,711 107,907 698,498 614,787 834.4%
0 3,500,000 3,500,000 3,500,000 N/A
0 500,000 500,000 500,000 N/A
0 200,000 200,000 200,000 N/A
0 0 0 0 N/A
241,391 79,557 391,605 150,214 162.2%
630 46 32,497 31,867 5159.9%
242,274 152,966 539,462 297,188 222.7%
69,524 0 69,524 0 100.0%
73 0 73 0 100.0%
2,805 342 5,500 2,694 196.0%
39 0 39 0 100.0%
640,447 4,540,818 5,937,197 5,296,750 927.0%
757,897 4,552,313 6,310,787 5,552,890 832.7%
647,671 (127,917) 96,196 (551,474) 14.9%
3,500,000 (3,500,000) 0 (3,500,000) 0.0%
500,000 (500,000) 0 (500,000) 0.0%
200,000 (200,000) 0 (200,000) 0.0%
0 0 0 0 N/A
4,847,671 (4,327,917) 96,196 (4,751,474) 2.0%
0 0 0 0 N/A
131,506 (136,614) 1,071 (130,436) 0.8%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6751 0 100.0%
186,300 (136,614) 55,864 (130,436) 30.0%
5,033,970 (4,464,531) 152,060 (4,881,910) 3.0%
5,791,868 87,782 6,462,848 670,980 111.6%
Page: 12 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2023 06 30 (Final 10-12-2023) Page 40 of 118 1 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 June 2023
100% of FY 2022-23 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE  Revenues $5.1 Million (98.9% of FY 2022-23 Adopted Budget FULL YEAR) - Property Tax $772.0 Thousand, 119.1% of FY 2022-23 Adopted Budget FULL YEAR: In June 2023, received SB-813 Supplemental Property Tax ($10.9k)

- Licenses and Permits 808.1 Thousand, 88.4% of FY 2022-23 Adopted Budget FULL YEAR: In June, processed 161 new business licenses ($12.2k) and Building Permits ($105k) from projects on Daves Ave ($11.9k), Bancroft Ave ($8.1k) and Alma Jo Ct ($3.4k).
- Franchise Fees $362.8 Thousand, 117.0% of FY 2022-23 Adopted Budget FULL YEAR: Received Franchise fees from the City of Campbell, JPA ($1.3k) and West Valley Collection ($34.2k). - Intergovernmental $203.0 Thousand, 85.8% of FY 2022-23 Adopted Budget FULL YEAR: In June, received $347 abandoned vehicle abatement and $224 AB939 recycle incentives. - Other Revenues $211.9 Thousand, 75.5% of FY 2022-23 Adopted Budget FULL YEAR: In June, received total Road Impact fees ($8.6k) primarily from projects on Bancroft Ave ($3k) and Daves Ave ($3.2k). - Gas Tax $159.5 Thousand, 83.5% of FY 2022-23 Adopted Budget FULL YEAR: Received Gas Tax Revenue ($8.2k), Gas Tax SB-1 ($7.1k),
- Real Property Tax $81.9 Thousand, 56.5% of FY 2022-23 Adopted Budget FULL YEAR: None in June 2023. - Sales and Use Tax $14.0 Thousand, 116.4% of FY 2022-23 Adopted Budget FULL YEAR: Received Sales Tax ($457) and Public Safety Sales tax ($156).
- 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 $118.1Thousand, 1054.4% of FY 2022-23 Adopted Budget FULL YEAR: In June 2023, LAIF interest for the quarter April 1, 2023 to June 30, 2023 ($35.5k).

Page 41 of 118 ends

2 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 June 2023
100% of FY 2022-23 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE  Expenditures $4.6 Million, 79.4% of FY 2022-23 Adopted Budget FULL YEAR - Personnel $1,290.9 Thousand, 85.7% of FY 2022-23 Adopted Budget FULL YEAR: 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 June 2023. - Law Enforcement $1,175.9 Thousand, 105.9% of FY 2022-23 Adopted Budget FULL YEAR: Paid monthly and accrued June 2023 police services ($168.4k) and paid out Pass-thru COPS ELEAS grant ($58.3k). - Construction $45.0 Thousand, 4502.5% of FY 2022-23 Adopted Budget FULL YEAR: In June, paid Project Hwy 9 Safety Improv Gap Closure Through Monte Sereno Project ($11.5k) and Bike Safety Project ($2.4k). - General Government $402.6 Thousand, 88.3% of FY 2022-23 Adopted Budget FULL YEAR: In June, paid a total of ($36.3k) for professional services including Dicar Network support for 2 months ($3.2k); EMC Planning Group ($24.1k); and M-Group ($8.9k) Housing Element Update Project. - Maintenance $611.5 Thousand, 62.7% of FY 2022-23 Adopted Budget FULL YEAR: In June, paid for projects on Asphalt repair Daves Ave ($8.4k); Constitution Ave road improvement and storm drain project ($14.8k); Refresh pavement markings on Daves Ave to Winchester ($15.0k); Project Management and Staff Augmentation support from CSG Consultants ($43.3k).
- Administration $732.9 Thousand, 138.6% of FY 2022-23 Adopted Budget FULL YEAR: In June, Plan Check Consulting, Building Official Consultant, and ePermit Development through Alana Consulting ($65k); Assisting City Engineer with Project Management and Staff Augmentation services through CSG Consultants ($58k) and City Engineer Consultant services for two months through A.I.M.S. Corporation ($29.5k). - City Attorney $108.0 Thousand, 43.3% of FY 2022-23 Adopted Budget FULL YEAR: In June, accrue Burke, Williams & Sorensen City Attorney services ($30.5k). Legal services through Liebert Cassidy Whitmore ($9.9k). - City Audit $39.6 Thousand, 72.5% of FY 2022-23 Adopted Budget FULL YEAR: In June, balance due on FY 2022 Audit ($16.1k).
- Equipment / Improvements $75.3 Thousand, 84.0% of FY 2022-23 Adopted Budget FULL YEAR: In June, various software license renewal Clear Gov Transparency Suite and Digital Budget Book ($5.6k), Microsoft software ($2.2k); Purchased two Laptops ($7.2k); Board Manager Package with VMHD for iCompass ($11.6k).

Page 42 of 118 ends

3 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 - Building and Improvement $28.7 Thousand, 4.0% of FY 2022-23 Adopted Budget FULL YEAR: In June, paid HannaBrunetti for Topographic survey at City Hall ($4.5k). FY 2022-23 Adopted Budgeted Annex Building Project ($600k) and City Hall Retrofit Parking Lot ($125k).

Page 43 of 118 ends

DEMAND ACCOUNT REPORT For the period ending
June 30, 2023
Treasurer's Report - Part 3 of 4
June 30, 2023 May 31, 2023 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $1,758,474.47 $1,830,382.04 ($71,907.57) Receipts and Interest Earned
Receipts for the period $441,049.37 226,165.71 $214,883.66 In June 2023, received Final Secured Property Tax ($233k), Special Assessment Police Tax ($79.6k), Excess ERAF ($47k), West Valley Collection franchise fee ($34k), Building permits from Daves Ave ($16.5k) and Bancroft Ave ($9.2k) and Gas Tax Revenue ($8.2k), SB-1 Revenue ($7.1k), and SB-813 tax ($5.3k).

Investment receipts during the period $4,500,000.00 $4,500,000.00 Transferred reserve balances from LAIF to Wells Fargo Savings Interest earned $0.00
Total Receipts and Interest Earned $4,941,049.37 $226,165.71 $4,714,883.66 Less: Disbursements
Cash disbursements during the period $335,733.13 $246,696.46 $89,036.67 In June 2023, Police Services ($84.3k); Staff salaries ($53.6k); Federal and State payroll tax ($25.8k); CalPERS Health premium ($15.3k); CalPERS Retirement ($27.2k), Plan Check Consultant ($38.6k); e-Permit Development ($4.8k); City Attorney services ($8.8k); City Engineer Consultant ($13.8k); EMC Planning Group for Housing Element Project ($8.8k); Hanna-Brunetti for Constitution Ave Project ($5k), Prepare design for cul-de-sac & Winchester along Constitution ($14.3k), iCompass license ($11.6k), and Silicon Valley Animal Control ($8.3k).

Invested during the period $0.00 $0.00
GASB 68 Report & SSA fee $0.00 $0.00
EFT(PERS retirement) $11,948.58 $11,488.57 $460.01
EFT (payroll taxes) $21,307.30 $20,313.39 $993.91
EFT (PERS health) $15,251.12 $15,251.12 $0.00
EFT (EDD payroll taxes) $4,496.40 $4,323.74 $172.66
Bank fees $0.00
Total Disbursements $388,736.53 $298,073.28 $90,663.25
ENDING BALANCE $6,310,787.31 $1,758,474.47 $4,552,312.84

BALANCE IN DEMAND ACCOUNTS
Checking $373,590.14 $362,095.35 $11,494.79
Savings $5,937,197.17 $1,396,379.12 $4,540,818.05 Transfer from LAIF to WFB Savings ($4.5MM).

TOTAL DEMAND ACCOUNTS $6,310,787.31 $1,758,474.47 $4,552,312.84

FUND DISTRIBUTION IN DEMAND ACCOUNTS
General $5,272,088.35 $952,686.09 $4,319,402.26 Transferred from LAIF to WFB Savings ($4.5MM) Operating Reserves.

Law Enforcement $391,604.93 $312,047.82 $79,557.11 Received Special Assessment Police Tax ($79.6k) Traffic Safety $32,496.60 $32,450.62 $45.98
Gas Tax (2107) $539,462.17 $386,496.18 $152,965.99 Received SB-1 Revenue ($7.1k) and Gas Tax Revenue ($8.2k). Transferred ($137.7k) Gas Tax reserves from LAIF to WFB Savings.

Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $5,499.71 $5,158.21 $341.50 Received Secured Property Tax ($244) and Excess ERAF ($89) Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $6,310,787.31 $1,758,474.47 $4,552,312.84

Page 44 of 118 ends

City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
June 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
5/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
6/30/2023 Comments
224,112.92 34,398.91 (162,315.66) 96,196.17 Interest earned April 1, 2023 to June 30, 2023 ($34.4k) 3,500,000.00 (3,500,000.00) 0.00
500,000.00 (500,000.00) 0.00 Transferred from LAIF to Wells Fargo Savings ($4.4MM). 200,000.00 (200,000.00) 0.00

0.00 0.00
4,424,112.92 34,398.91 0.00 (4,362,315.66) 96,196.17

0.00 0.00 Interest earned April 1, 2023 to June 30, 2023 ($1.1k) 137,684.34 1,070.54 (137,684.34) 1,070.54 Transferred from LAIF to Wells Fargo Savings ($137.7k). 21,000.00 21,000.00
27,042.53 27,042.53

0.00 0.00
6,751.00 6,751.00
192,477.87 1,070.54 0.00 (137,684.34) 55,864.07
4,616,590.79 35,469.45 0.00 (4,500,000.00) 152,060.24
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.

Page 45 of 118 ends

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

ALL FUNDS REPORT
SAVINGS ACCOUNT #5508
01-015 General
01-015 Economic Fluctuation Reserve
01-015 Capital Improvement Program Reserve
01-015 Property Improvement Reserve
01-015 Other Post Emplpoyment Benefits
(OPEB)
01-015 Total General Fund Reserve - LAIF
5/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
6/30/2023 Comments
590,590.74 341,923.15 (396,331.34) 162,315.66 698,498.21 In June 2023, received Final Secured Property Tax ($233k), Special Assessment Police Tax ($79.6k), Excess ERAF ($47k), West Valley Collection franchise fee ($34k), Building permits from Daves Ave ($16.5k) and Bancroft Ave ($9.2k) and and SB-813 tax ($5.3k). 3,500,000.00 3,500,000.00 Transferred from LAIF to WFB Savings ($3.5MM) 500,000.00 500,000.00 Transferred from LAIF to WFB Savings ($500k) 200,000.00 200,000.00 Transferred from LAIF to WFB Savings ($200k)

0.00 590,590.74 341,923.15 (396,331.34) 4,362,315.66 4,898,498.21 NOTES:

Page 46 of 118 ends

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

ALL FUNDS REPORT
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
5/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
6/30/2023 Comments
312,047.82 79,557.11 391,604.93 Received Special Assessment Police Tax ($79.6k). 32,450.62 45.98 32,496.60
386,496.18 15,281.65 137,684.34 539,462.17 Received Gas Tax Revenue ($8.2k), Gas Tax SB-1 ($7.1k) 69,523.86 0.00 69,523.86

72.75 0.00 72.75
5,158.21 341.50 5,499.71 Received SB-813 supplemental property tax and secured property tax

38.94 0.00 38.94
1,396,379.12 437,149.39 (396,331.34) 4,500,000.00 5,937,197.17 362,095.35 (384,836.55) 396,331.34 373,590.14
In June 2023, Police Services ($84.3k); Staff salaries ($53.6k); Federal and State payroll tax ($25.8k); CalPERS Health premium ($15.3k); CalPERS Retirement ($27.2k), Plan Check Consultant ($38.6k); ePermit Development ($4.8k); City Attorney services ($8.8k); City Engineer Consultant ($13.8k); EMC Planning Group for Housing Element Project ($8.8k); Hanna-Brunetti for Constitution Ave Project ($5k), Prepare design for cul-de-sac & Winchester along Constitution ($14.3k), iCompass license ($11.6k), and Silicon Valley Animal Control ($8.3k).
6,375,065.26 87,782.29 0.00 0.00 6,462,847.55
NOTES:

Page 47 of 118 ends

STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Sarah Chaffin, Facility Manager/Special Projects Department:

Title: Consideration and Approval of Community Center Color Palette and Design Materials that were recommended by the Community Center Committee and Approve Resolution No. 23-3887.1 Modifying The Responsibilities Of The Community Center Committee
Recommendation(s):

Staff recommends that Council Approves the Community Center Committee’s color palette and design material choices and approve Resolution No. 23-3887.1, Modifying The Responsibilities Of The Community Center
Background Information:

On 9/28/23 Jaclyn Greenmyer and Gary Kohlsaat from Kohlsaat & Associates presented color palette and design material choices for the Community Center to the Community Center Committee. The analysis section contains the recommendation of the Community Center Committee for Council Approval.

On August 1, 2023, the City Council approved Resolution No. 23-3887, Resolution Of The City Council Of The City Of Monte Sereno Confirming The Establishment Of The Community Center Committee, Expanding The Membership And Modifying The Responsibilities Of The Committee which established the responsibilities of the Community Center Committee. With the design phase of the project moving quickly at this point, it would be more efficient to give the Community Center Committee authority to make some decisions within defined parameters set by the City Council.

Analysis:

The Committee unanimously approved scheme A materials palette for the kitchen. This palette includes natural wood like luxury vinyl flooring, white “marble" quartz countertops, natural looking, textured wood laminate finish at cabinetry throughout, and a green tile backsplash that continues up the back wall. The use of these materials will be subject to the approved budget for the project and may include materials of similar type and color. The Committee and staff will work together on the design decisions within the materials palate.

Conclusion:

Page 48 of 118 ends

Staff recommends that the City Council approves the recommendation of the Community Center Committee and approve Resolution No. 23-3887.1,Resolution Of The City Council Of The City Of Monte Sereno Modifying The Responsibilities Of The Community Center Committee
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:

Resolution 23-3887.1
Scheme A- Materials Palette

Page 49 of 118 ends

RESOLUTION NO. 23-3887.1

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MONTE SERENO MODIFYING THE RESPONSIBILITIES OF THE

COMMUNITY CENTER COMMITTEE
WHEREAS, the City Council may establish standing committees to address topics or issues affecting the City; and
WHEREAS, on January 4, 2023, the City Council formed the Committee Center Committee, which consisted of 5 members, for the purpose of advising the City Council on the design and construction of the Community Center (the “Committee”); and WHEREAS, on February 21, 2023, the City Council expanded the Committee to 7 members; and
WHEREAS, on August 1, 2023, the City Council expanded the Committee to 9 members and modified the responsibilities of the Committee; and WHEREAS, the Committee has approved a final design for the Community Center and made such recommendation to the City Council; and
WHEREAS, the City Council has approved the recommended design; and WHEREAS, due to recent additions to City staff, the City Engineer and Project Manager will now be responsible for all stages of the bidding process for the Community Center, minor change orders and will work with the Committee and the City Council on fixtures and finishes for the Community Center; and
WHEREAS, in order to complete the Community Center, the City Council desires to authorize the Committee to make detail final design decisions in collaboration with City Staff.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that in addition to the duties previously established for the Committee, the Committee is hereby authorized to make detailed final interior design decisions in collaboration with the City Staff, including Scheme A- materials palette.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 17th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Approved:_____________________________
Bryan Mekechuk, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk

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Monte Sereno Community Center
Finishes Option 1
Liam Crossing
NuCore
Et Calacatta Gold
Silestone
Makoto, Midori Green
Bedrosians
Natural Ash
American Laminate
Et Calacatta Gold
Silestone
Natural Ash
American Laminate
Collingwood
Benjamin Moore

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STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Adoption of Ordinance No. NS-237, 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

Recommendation(s):

Staff recommends the City Council waive the second reading and adopt Ordinance No. NS237 which would make the following revisions to the operation of mechanical leaf blowers:
 Revised the allowed hours of operation to permit leaf blowers to be used between 9:00am and 5:00pm Monday through Saturday and from 10:00am to 5:00pm on Sunday and City observed holidays.
 Revise the allowed noise level for all leaf blowers to be a maximum of 65 dB at 50 feet from the equipment.
 Prohibit the use of gas-powered leaf blowers.

The ordinance will have an effective date of January 15, 2024. As directed by the City Council, as an administrative practice, staff will not enforcement these code changes until January 1, 2026.

Public Noticing:

The City of Monte Sereno's City Council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report was published on the City of Monte Sereno's website located at www.montesereno.org on October 13, 2023.

Attachments:

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1. Draft Ordinance NS-237

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ORDINANCE NO. NS-237

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, AMENDING SECTION 9.07.060 (MECHANICAL

BLOWERS-SOUND LIMIT) TO REVISE THE ALLOWED NOISE LEVEL OF LEAF BLOWERS, AND ADDING SECTION 9.07.035 (MECHANICAL BLOWERS – GAS POWER

DEVICES PROHIBITED)
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 October 3, 2023 the City Council considered the proposed ordinance and a majority of Council introduced and waived further reading of Ordinance No. NS-237; 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 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 :00 a.m. or after the hour of 5:00 p.m. on any Monday through Saturday or before the hour of 10:00 a.m. or after the hour of 5:00 p.m. 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.

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SECTION 3. Amend Section 9.07.060. Section 9.07.060 of the Monte Sereno Municipal Code is hereby amended to read as follows:
“It shall be unlawful for a person to operate any mechanical blower used to blow leaves, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces if such mechanical blower has a decibel rating over 65 dB as rated by the manufacturer of the mechanical blower. For purposes of this Section, the decibel rating shall be taken at a point fifty (50) feet from the fully operating mechanical blower.” SECTION 4. Add 9.07.035. Section 9.07.035 of Chapter 9.07 of the Monte Sereno Municipal Code is hereby added to read as follows:
“9.07.035 - Mechanical blowers—Gas Powered Devices Prohibited It shall be unlawful for any person to operate any gasoline powered leaf blower in any zoning district or public space.”
SECTION 5. Environmental Review.

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 6. Effective Date.

This ordinance shall be in full force and effective January 15, 2024.

SECTION 7. 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 8. 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 4th day of October 2023, and was adopted at a regular meeting of the City Council on the 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

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

Approved as to form:
___________________________________
Kirsten Powell, City Attorney

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STAFF REPORT
Meeting: City Council - Oct 17 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-240, an Ordinance of the City Council of the City of Monte Sereno Amending Chapter 10.05 (Zoning District Regulations), Chapter 10.08 (Site Development Permits and Planned Development Permits), Chapter 10.15 (Tree Preservation), and Chapter 13.06 (Urban Lot Splits) Recommendation(s):

Staff recommends that the City Council introduce and waiver the first reading of Ordinance No.

NS-240.

Background Information:

SB9 Background
Senate Bill (SB) 9 was signed into law by Governor Newsom on September 16, 2021 and was effective on January 1, 2022. The most significant component of this bill is that it requires the City to allow for the following on all single-family zoned lots meeting specific eligibility requirements:
(1) ministerial approval of up to two housing units (Residential Development), and (2) ministerial approval of a one-time, two-lot subdivision (Urban Lot Split).

Although the new law supersedes varying local regulations regarding subdivision and development standards, SB9 preserves some authority for local agencies to enact regulations for these projects through the adoption of objective standards, provided that they do not prohibit the construction of at least two dwelling units of at least 800 square feet.

On January 4, 2022 the City Council adopted Ordinance NS-229 that incorporated the state SB9 regulations with additional local objective standards for these projects. The ordinance is included as Attachment 1 to this report. Attachments 2 and 3 include the City’s informational brochures for the SB9 Urban Lot Split and Residential Development, which summarize the main requirements of the current ordinance.

On March 22, 2022, the City Council received a letter from Berliner Cohen LLP (Attachment 4) on behalf of several Monte Sereno property owners regarding the city’s SB9 ordinance. The

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letter raises questions regarding several aspects of the city’s SB9 ordinance and urged the City Council to revisit certain aspects of the current ordinance.

Staff met with the property owners who are represented by Berliner Cohen LLP and their designer to hear their concerns regarding the current standards and suggestions for revisions.

The main issues raised by these property owners were as follows:
 The 800 square foot limit for new dwelling units;
 The 150 square foot limit for covered porches/patios;  Requirement that Impervious Coverage to limited to the underlying zoning district rather than the effective zoning district; and
 The inability to use the standard discretionary permit process (i.e. Site Development Permit heard by the Site and Architectural Commission) for lots created with an Urban Lot Split
On May 24, 2022 a joint special meeting of the City Council and Site and Architectural Commission was held to discuss possible revisions to the SB9 ordinance and local requirements. After hearing public comments and discussion, the City Council and Site and Architectural Commission did not move forward with revisions to the ordinance.

Housing Element
As part of the Housing Element update that is currently in process, the City is required to plan for an additional 193 housing units over the planning period from 2023-2031 as part of the City’s assigned Regional Housing Needs Allocation (RHNA). In addition to the 193 new housing units required to be planned for, the Housing Element site inventory includes a 12% buffer above the RHNA requirement to avoid triggering requirements under California’s No Net Loss law (Government Code Section 65863) to zone for additional adequate sites if the actual development of a parcel is approved at a lower density than what was originally anticipated in the Housing Element. Additionally, including a buffer is more likely to result in the actual construction of the number of units called for by the RHNA.

The current draft Housing Element that was submitted to the California Department of Housing and Community Development (HCD) for review on July 25, 2023 includes the following projections to meet the RHNA requirements:

Very LowIncome UnitsLow-Income
Units
ModerateIncome Units
Above
ModerateIncome UnitsTotal Units
2023–2031
RHNA 53 30 31 79 193
Housing
Progress to
Date
3 2 3 2 10
Vacant Sites 2 0 0 2 4
Accessory 48 48 48 16 160

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Very LowIncome Units
Low-Income
Units
ModerateIncome Units
Above
ModerateIncome UnitsTotal Units
Dwelling Units
Junior
Accessory
Dwelling Units
2 3 2 1 8
SB9 3 2 0 5 10
ADU Amnesty 7 7 8 2 24
Total 65 62 61 28 216
Buffer 23% 107% 97% -64% 12%
In order to include the SB9 units in the RHNA site inventory above, the City Council committed to increasing the maximum building size allowed for SB9 projects, which is currently 800 square feet. Staff has consistently received feedback from properties owners interested in SB9 projects that the building size limit is a constraint to moving forward with this type of project.

California Department of Housing and Community Development In March 2022, HCD published an SB9 Fact Sheet (Attachment 1). This Fact Sheet was published by HCD for informational purposes and is not intended to provide interpretation of the state law, and HCD is not responsible for enforcement of SB9. However, it does provide HCD’s position on SB9 in relation to other state housing laws, such as Housing Element law, which are enforced by HCD.

The HCD SB9 Fact Sheet cautions local jurisdictions from implementing unique development standards for SB9 projects that do not apply to other developments as this could be a violation of the Housing Crisis Act of 2019. The Housing Crisis Act of 2019 limits a local jurisdiction’s ability to amend its zoning code to reduce the intensity of residential uses.

Additionally, staff was provided two letters that HCD (Attachment 2) sent to jurisdictions in Southern California regarding their local SB9 ordinances. Both of these jurisdictions also adopted local SB9 requirements that limited the size of dwelling unit to 800 square feet in size. HCD has informed those communities that such a building size limit is a violation of the Housing Crisis Act as this is a significant reduction is allowable size as compared with the zoning district standards.

Direction Provided at the Special Joint Meeting on August 29, 2023 A Special Joint Meeting of the City Council and Site and Architectural Commission was held on August 29, 2023. Several potential changes to the SB9 ordinance were discussed and direction was provided to staff regarding further consideration of specific items.

Direction Provided at the Special City Council Meeting on September 19, 2023 The City Council discussed revised recommendations to specific items where additional alternatives were requested at the August 29, 2023 meeting. This report includes a draft ordinance with modifications to SB9 requirements as directed by the City Council and Site and Architectural Commission.

Site and Architectural Commission Review of Draft Ordinance on October 4, 2023

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The Site and Architectural Commission reviewed the draft ordinance at their meeting on October 4, 2023 and recommended that the City Council adopt the ordinance by a 4-0-1 vote with Commissioner Srivastava absent.

Analysis:

Based on the direction provided by the City Council and Site and Architectural Commission at public meetings held on August 29, 2023 and September 19, 2023, following is a description of the changes to the SB9 requirements in the attached draft ordinance.

1. Maximum Building Size
The City’s current SB9 requirements limit the building size of a new dwelling unit to 800 square feet. This limitation was created based on the State SB9 law which expressly allows local jurisdictions to adopt objective standards for SB9 projects as long as those standards allow for development of up to two units that are a minimum of 800 square feet. Based on feedback staff has received, this has been the main item that deters property owners from submitting an application under the City’s current SB9 regulation.

The draft ordinance modifies the maximum building size allowed to be equal to the area allowed for a one story building in the applicable zoning district and that the maximum building size include a minimum 450 square foot garage, and a second unit (either attached or detached) of 150 square feet minimum and a maximum as allowed for an Accessory Dwelling Unit in the applicable zoning district.

The following table shows the current maximum building area allowed by the standard zoning regulations and the revised building area allowed for SB9 projects in the draft ordinance:

Square Footage Allowed for the Existing Zoning Code and Proposed for SB9 Projects
Zoning District Current Zoning District
Maximum Building Size
(including garage)/
Maximum ADU Size/
Maximum SB9 Unit
Proposed SB9 Standards
(including garage and

ADU/JADU)
R-1-8 3,300/
1,000/
800
3,300
R-1-20 4,950/
1,000/
800
4,950
R-1-44 6,600/
1,200/
800
6,600

2. SB9 Project with Main House Located in the Zoning Code Setbacks

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The State SB9 regulations require that local jurisdictions allow a side and rear yard setback of four feet. The zoning code requires a side setback of between six and 20 feet (depending on the zoning district) and a rear yard setback of 30 feet. The City’s current SB9 regulations limit the size of a building to 16 feet if constructed within the zoning code setback area.

In order to minimize impacts on adjacent properties and maintain the development patterns in existing neighborhoods, the draft ordinance modifies the current requirements to limit the size of a main house located within the zoning code setback to 800 square feet in area. This would align with the current zoning code standards of having the main house meet the zoning code setback requirements and allowing the ADU sized unit to have four foot side and rear yard setbacks.

3. Three-Year Residency Requirement
The State SB9 regulations include the following requirement for Urban Lot Splits:

Government Code Section 66411.7(g)(1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

The current submittal requirements for an Urban Lot Split include a standardized affidavit that the current property owner is required to sign under penalty of perjury. The draft ordinance revises this practice to require a notice be recorded with the Santa Clara County Recorder’s office as part of the property records.

4. Neighborhood Noticing Requirements
The current SB9 regulations require that staff provide a written notification to property owners and residents within 600 feet when an SB9 application is received and again when an SB9 application is approved.

The draft ordinance revises the noticing requirements for SB9 projects to provide one notice at the time of application submittal to properties within 600 feet of the subject site.

5. Tree Removal Permits for SB9 Projects
State laws require that local jurisdictions approve Tree Removal Permits necessary for SB9 projects. As part of the initial review and discussion of SB9 requirements at the end of 2021, the Tree Removal Permit requirements were added to the Municipal Code to address this State regulation:
 For the removal of each tree, two replacement trees shall be planted. The replacement trees shall be native or drought-tolerant species and shall measure a minimum of ten inches in circumference as measure at 48 inches above grade as planted.

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 Removal of an oak tree species that measures at least 115 inches in circumference at 48 inches above grade shall only be approved when the denial of such tree removal request would have the effect of physically precluding two units of 800 square feet each.

The draft ordinance includes revisions to these requirements to specify that replacement trees planted shall not be Unsuitable Trees as defined by the Municipal Code (i.e. Blue Gum Eucalyptus, Red Gum Eucalyptus, Black Acacia, Tree of Heaven, Tulip Tree, Palm, Privet, Monterey Pine, fruit trees). Additionally, if an existing Unsuitable Tree species is being removed, the replacement requirement would be one 24 inch box tree that is a native or drought tolerant tree and not an Unsuitable species.

6. Sloped Properties
The draft ordinance specifies that the existing Slope Density Formula will be applicable for SB9 projects proposed on lots with an average slope of 10% or greater. The Slope Density Formula is a current Municipal Code requirement that reduces the overall building size, structural coverage, and impervious coverage in relation to the slope of a property. Properties with larger average slopes will end up with reduced building size, structural coverage, and impervious coverage limits. As the Slope Density Formula is an objective formula, it can be used for SB9 projects.

Additionally, the draft ordinance does not allow construction on portions of lots with a slope of 30% or greater for SB9 projects. Currently, proposed construction on the sloped portion of a lot is reviewed using the discretionary standards of the Design Guidelines. As these discretionary standards do not apply to SB9 projects, this objective standard has been added for SB9 projects.

7. Require Two Units be Constructed
Requiring two units to be constructed on lots created through an SB9 Urban Lot Split or other lots that propose an SB9 Residential Development as described above will assist the City in meeting the RHNA of 193 new housing units that are required to be permitted by 2031. This will also assist in meeting the affordability requirements of the new housing units as the first dwelling unit is a smaller unit, which would provide affordable rental housing opportunities.

The draft ordinance includes requirements that the first dwelling unit allowed for construction would be equal to the size and height allowed for an ADU or a JADU in the applicable zoning district. The second dwelling unit would have a maximum building area and height and noted above, which is the same as allowed for the main house in the applicable zoning district (including the main house, garage, and ADU/JADU sized unit).

8. Covered Porch Limitation
The current SB9 standards limit the size of covered to porches 150 square feet in total with at least one third of the area at the front of the dwelling unit. The requirement was designed to keep the covered porch area in scale with an 800 square foot dwelling unit (which is the current maximum building size allowed).

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With the proposed changes to the allowable area of the buildings for an SB9 project, the concern about keeping covered porches in scale with an 800 square foot building is no longer applicable. The draft ordinance removes this covered porch limit that is specific to SB9 projects.

9. Impervious Coverage Requirements
The Municipal Code includes a provision that if the lot size of a particular parcel is closer the minimum lot area required by a different zoning district than the property is designated, the development standards of that other zoning district are applicable. For example, if a property is located within the R-1-44 zoning district (minimum 43,560 square foot lot size) but has an actual lot size of 30,000 square feet, the development standards of the R-1-20 zoning district (minimum 21,780 square foot lot size) will apply as the actual lot size is closer to that allowed for the R-1-20 zoning district.

New lots created through an Urban Lot split may have a different effective zoning district from the actual zoning district. For example, if an existing one acre lot were split through an Urban Lot Split, one of the newly created lots could be 26,136 square feet and the other could be 17,424 square feet. Since each of these new lots would be closer in size to the lot size of the R-1-20 zoning district lot size, the allowed impervious coverage of the two new lots would be 40% each (rather than 30% for the single lot). The overall impervious coverage could be increased when an Urban Lot Split is completed.

The ordinance currently requires that lots created through the Urban Lot Split maintain the impervious coverage limit of the actual zoning district rather than the effective zoning district applicable to the new lots. In the example above, each of the two new lots would have an impervious coverage limit of 30% rather than 40%.

The draft ordinance removes the impervious coverage restrictions specific to SB9 projects and requires that SB9 projects use the same impervious coverage limitations provided in the applicable zoning district regulations.

10. Distance Between Buildings on the Same Lot
Currently, the Municipal Code requires a distance of 10 feet between buildings on the same lot for SB9 projects. All other projects require a minimum of 6 feet between buildings, as measured from the edge of the roof eaves.

The draft ordinance attached revises the SB9 requirements to require the same distance between buildings as required under the existing zoning code standards.

11. Number of Driveways Curb Cuts
The Municipal Code does not currently have requirements for the maximum number of driveway curb cuts allowed for parcels. The number and distance between curb cuts are currently reviewed by the City Engineer as part of the discretionary review process when a Site Development Permit application is received. However, the SB9 standards are required to be ministerial and do not allow discretionary review.

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In order to maintain the streetscape character of Monte Sereno, the draft ordinance includes new standards that will allow only one driveway curb cut from the street for sites where the parcel frontage is less than 80 contiguous feet. Parcels with a street frontage of 80 continuous feet or more would be able to have two driveways from the street.

12. Provide the Option for Discretionary Review
Under the current requirements, if a property owner were to complete an Urban Lot Split, the lots are restricted so that development of any new dwelling units be subject to the SB9 residential development requirements (i.e. ministerial review requirements noted above).

Currently, lots created through an Urban Lot Split are not able to submit for a Site Development Permit that would be heard at a public hearing and follow the zoning district regulations of the applicable zoning district.

The draft ordinance includes modifications to allow lots created through an SB9 Urban Lot Split to submit applications for new construction through either the SB9 ministerial regulations or through the standard discretionary process including a public hearing. This would treat lots created through an Urban Lot Split the same as other existing lots within the city. And provide public notification and allow for public comments for proposed projects that exceed the SB9 residential development standards.

California Environmental Quality Act:

Enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code.

Public Noticing:

Additionally, notification of this meeting was sent through email to a list of interested community members.

Attachments:

1. Draft Ordinance No. NS-240

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ORDINANCE NO. NS-240

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING CHAPTER 10.05 (ZONING DISTRICT REGULATIONS), CHAPTER 10.08 (SITE DEVELOPMENT PERMITS AND PLANNED DEVELOPMENT PERMITS), AND CHAPTER 10.15 (TREE PRESERVATION), AND CHAPTER 13.06 (URBAN LOT

SPLITS)
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 65852.21 and 66411.7 to the Government Code, effective January 1, 2022; and WHEREAS, these provisions require cities to provide ministerial approval of urban lot splits and the construction of up to two dwelling units on single family residential lots within any urbanized area of the City, as designated by the US Census Bureau, subject to certain limitations; and
WHEREAS, Government Code Sections 66411.7(a) limits eligibility of urban lot splits by size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such urban lot splits and construction to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties; and WHEREAS, Government Code Sections 65852.21(a)(3) through (a)(5), limits eligibility of such construction of secondary units that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) also limits eligibility of an urban lot split that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a city to deny an urban lot split for properties within an historic district or listed on the State’s Historic Resource Inventory or within a site that is designated or listed as a

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city or county landmark or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allows a city to establish objective zoning standards, objective subdivision standards, and objective design review standards for projects, subject to limits within state law; and WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to deny a proposed housing development or urban lot split if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, the City of Monte Sereno has multiple parcels in the Wildland Urban Interface (WUI) zone, as well as parcels in a designated as being included in the Very High Fire Hazard Severity Zone (VHFHSZ), as officially designated by CalFIRE; and WHEREAS, Monte Sereno is included in the list of Communities at Risk from wildfires on the Federal and/or California Fire Alliance list of Communities at Risk in Santa Clara County; and
WHEREAS, the City of Monte Sereno contains multiple neighborhoods, including those within the WUI and VHFHSZ , that do not have an secondary egress route available in case of fire or natural disaster; and
WHEREAS, the City desires to enact a clear application process to ensure that projects involving parcels within the WUI and VHFHSZ will be reviewed carefully to ensure compliance with eligibility requirements and in light of the public health, safety, and welfare; and
WHEREAS, the City of Monte Sereno has multiple parcels with considerable slopes; and
WHEREAS, grading for construction or access on heavily sloped lots creates adverse impacts to the physical environment by denuding natural vegetation and destabilizing soils, and the City desires to enact overall size limits on ministeriallyapproved projects under Sections 65852.21 and 66411.7 to minimize the potential for

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issues related to runoff or excessive grading that may occur in the absence of clear size limitations; and
WHEREAS, the City of Monte Sereno has numerous creeks, wetlands, drainages and sensitive habitat through the City, which may be harmed without appropriate impervious structural and impervious coverage limitations for ministerially-approved projects under Sections 65852.21(a)(2) and 66411.7; and WHEREAS, in order to protect the public health and safety, the City Council desires to provide guidelines for projects subject Government Code Sections 65852.21 and 66411.7.

NOW THEREFORE, the City Council of Monte Sereno does ordain as follows:

SECTION 1. Amend Section 10.05.080. Section 10.05.080 of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.05.080 Residential Developments Under Government Code Section 65852.21 A. The purpose of this section is to provide regulations for the establishment of residential developments pursuant to Government Code section 65852.21.

B. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.

C. Notwithstanding anything in this Title 10 to the contrary, a residential development containing no more than two residential units on one legal lot within any residential zone may be constructed following approval of a site development permit issued by the City Planner under section 10.08.050.E, without discretionary review or a public hearing, if the proposed housing meets all of the standards set forth below. A residential development may be permitted under this section if the development proposes no more than two new units in total on the parcel or if it proposes to add one new unit to a lot with one existing unit. If a parcel includes an existing single-family dwelling, one additional unit may be developed pursuant to this section. If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section.

D. A residential development shall not be approved in each of the following circumstances:

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1. The residential development would require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing that has been occupied by a tenant in the last three years.

2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The parcel does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

E. Residential developments under this section shall conform to all objective property development regulations of the zone and in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City’s design guidelines, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area, subject to the following modifications:

1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

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2. A setback of at least four feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located.

3. Any dwelling unit constructed under this Section shall not exceed the maximum building height of a single-story building.

F. Residential developments under this section shall be subject to the following additional standards and requirements:

1. Two dwelling units shall be constructed. The first dwelling unit shall meet the requirements of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit as specified in 10.06.140 as well as the provisions of this section. The main dwelling unit shall comply with the provisions of this section. The first dwelling unit shall be constructed prior to or concurrently with the main dwelling.

2. If any portion of any proposed new main dwelling unit would be located in any of the front, side, or rear setbacks applicable to a single-story building district in the same zoning district as set forth in Chapter 10.05, the building area shall not exceed 800 square feet.
3 If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
4 Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than thirty days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is thirty days or less.

5. A minimum of one off-street parking space shall be provided for each dwelling unit except where the parcel meets one of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel.

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6. When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials in Title 9. Where two new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit.

7. Each dwelling unit constructed under this section shall be on a separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical utilities. Gas utility connections shall be prohibited for such dwelling units.

8. The maximum building area shall as follows:
a. R-1-8 zoning district or effective zoning district: two thousand eight hundred fifty (2,850) square feet.
b. R-1-20 zoning district or effective zoning district: four thousand five hundred (4,500) square feet.
c. R-1-44 zoning district or effective zoning district: six thousand one hundred fifty (6,150) square feet.
d. The maximum building area on lots with an average slope of 10% or greater shall be determined by using the slope density defined in Section

13.04.080 with a reduction of 450 square feet.
e. In addition to the building area specified in a. through d. above, an additional 450 square feet can be constructed for an enclosed attached garage. If a larger garage is constructed, the area in excess of 450 square feet must be included in the maximum building area specified in a. through d. above. f. The maximum building area specified in a. through d. above includes the area of the first dwelling unit, any garage area over 450 square feet, and the main house.

9. Rooftop decks shall be prohibited.

10. The footprint of proposed buildings shall not be located on lands with an average slope exceeding 30%. This provision apples only to the building site, not the property as a whole.

11. Grading shall not exceed 50 cubic yards of cut plus fill except such grading activities as specified in 9.04.090.

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G. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.” SECTION 2. Amendment of Chapter 10.08. Section 10.08.050(E) of the Monte Sereno Municipal Code are amended to read in entirety as follows:
“10.08.050 Permit process.

E. Review by City Planner for Residential Development Projects Under Section 10.05.080. A residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the City Planner. In considering such application, the City Planner shall approve the project unless: (1) the proposed project does not meet the requirements of Section 10.05.080, or (2) if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Any approval, conditional approval or denial by the City Planner of a site development permit under this Subsection shall be final with no further appeal. All permits granted under this Subsection shall be conditioned on: (1) compliance with the objective zoning standards that are applicable to the parcel based on the applicable zoning district as set forth in Chapter 10.05 of this Code, except for as such standards may be modified under Section 10.05.080, and (2) compliance with any objective design standards adopted into the City's design guidelines, unless the applicant demonstrates that such objective zoning or design standard would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area. The City Planner shall cause notice of the application to be sent to property owners within six hundred (600) feet upon the submission of an application.”
SECTION 3. Amendment of Chapter 10.15. Section 10.15.070 of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.15.070 Permit; application; review.

Each application shall be reviewed to determine the condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services. With respect to dead trees or unsuitable trees, each application shall be reviewed to validate the health of the tree and/or species. In addition, in the case of a significant tree the following shall be determined:

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A. The significant tree or trees need to be removed to allow reasonable economic enjoyment of the property or the significant tree or trees need to be removed due to disease, danger of falling or threat to owner or surrounding residents; B. If the topography of the land and the effect of the removal of the significant tree will have a significant effect on erosion, soil retention and diversion or increased flow of surface waters;
C. The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and the property values; and
D. The number of trees the particular parcel can adequately support according to good forestry practices.

In reviewing applications, the Site and Architectural Commission shall give priority to those based on hazard or danger of disease and may refer any application to the City Engineer or other officer of the City for a report and recommendation. In approving a tree removal permit, the Site and Architectural Commission may impose conditions requiring replacement of trees as may be deemed appropriate to mitigate impacts of development or provide equivalent aesthetic benefits in terms of size, height, location, appearance, and other characteristics of the removed tree.

For tree removals that are in conjunction with a project permitted under Section

10.05.080, Section 10.06.140, or Chapter 13.06, the City Manager or City Planner shall approve such permit subject a requirement to replace each tree removed with two trees, each of a native or drought tolerant species, but shall not be an Unsuitable Tree as defined in Section 10.15.015, with a minimum circumference of ten inches measured at a height of 48 inches above the grade as planted. If the removed tree is an Unsuitable Tree as defined in Section 10.15.015, the City Manager or City Planner shall approve such permit subject to a requirement to replace each Unsuitable Tree removed with one tree of a native or drought tolerant species but shall not be an Unsuitable Tree as defined in Section 10.15.015, with a minimum size of twenty-four (24) inch box as planted. The City Manager or City Planner shall not approve a permit for removal of a significant tree that is an oak species measuring at least 115 inches in circumference at 48 inches above grade, unless the applicant demonstrates one of the following: (1) the project subject to mandatory approval pursuant to Government Code section 65852.2(e) and Monte Sereno Municipal Code section 10.06.140.H, (2) for projects subject to Monte Sereno Municipal Code section 10.05.080, the denial would have the effect of physically precluding the construction of up to two units on the lot or would physically preclude either of the two units from being at least 800 square feet in floor area, or (3) for projects subject to chapter 13.06, the denial would have the effect of physically precluding the construction of up to two units per created parcel or would physically preclude such units from being at least 800 square feet in floor area.”

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SECTION 4. Amendment of Chapter 13.06., Sections 13.06.020, 13.06.030 and

13.06.040 of the Monte Sereno Municipal Code are amended to read in entirety as follows:
“13.06.020 – Requirements
A parcel map shall be required for all urban lot splits pursuant to section 66411.7 of the Government Code. An application for a parcel map urban lot split shall be approved ministerially by the City Engineer where the applicant has paid the application fee, which may be established by resolution of the City Council, and demonstrates that the application meets all the following requirements:

A. The proposed urban lot split will create no more than two new parcels, and each of the newly created parcels meets the following requirements:

1. Has at least 1,200 square feet in size,

2. Has at least 40 percent of the lot area of the original parcel,

3. Has access to or adjoins the public right-of-way,

4. Has at least 10 percent of the lot frontage of the original parcel, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet, in which case the applicant shall demonstrate the parcel has sufficient frontage to comply with any property access road requirements under the California Fire Code section 503, and

5. New parcels shall maintain right angles to streets or radial to the centerline of curved streets.

B. The parcel to be subdivided is located within a single-family residential zone.

C. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

D. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

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2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last three years based on the date of the application for an urban lot split.

E. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or city heritage resource.

F. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code and this section.

G. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

H. The proposed new parcels are intended for exclusively residential use.

I. The owner of the parcel to be subdivided signs an affidavit on the cover sheet of the Parcel Map under penalty of perjury declaring all of the following to be true:

1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.

2. The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

3. The owner has not previously subdivided an adjacent parcel using an urban lot split.

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4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

J. A minimum of one off-street parking space shall be provided on each parcel except where the parcel meets one of the following instances:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2. There is a car share vehicle located within one block of the parcel.

K. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure, and in all other circumstances a setback of four feet from the side and rear lot lines shall be provided, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet.

Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

L. The parcel map satisfies the objective requirements of the Subdivision Map Act and this title regarding parcel maps, except as provided herein.

13.06.030 - Filing, processing, and action.

A. Parcel Maps shall be prepared, filed and recorded in accordance with the Map Act. The City Engineer shall, from time to time, prepare and provide detailed specifications to any subdivider setting forth the specific requirements necessary for preparing, filing and recording a parcel map.

B. The subdivider for an urban lot split shall not be required to dedicate right-of-way, construct off-site improvements, or correct non-conforming conditions except as necessary for a parcel to have access to the right-of-way. Any work in the right-of-way shall be subject to the requirements of this code.

C. In addition to other information requirement by this Title, an application for a parcel map for an urban lot split shall include the following:

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1. Location of easements required for the provision of public services and facilities to each of the proposed parcels.

2. Location of any easements necessary for each parcel to have access to the public right-of-way.

D. The City Engineer shall deny the tentative map if any of the following is found:

1. The map fails to meet or perform one (1) of more objective requirements imposed by the Subdivision Map Act or by this Title. Any such requirement or condition shall be specified.

2. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E. The City Engineer shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. The City Engineer shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way. The City Engineer shall not require the correction of nonconforming zoning conditions.

13.06.040 Use and Development Requirements
A. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built on a parcel that is created by parcel map under this chapter for a term that is thirty days or less.

B. It shall be unlawful to use any parcel created by parcel map under this chapter for any use other than a residential use.

C. Each parcel shall include no more than a single driveway unless the parcel has more than 80 feet of contiguous street frontage.

D. Notwithstanding section 10.06.140 or any other provision of this code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this chapter.”

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SECTION 5. Environmental Review.

The City Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code.

SECTION 6. Effective Date.

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

SECTION 7. Severability.

SECTION 8. 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 17th day of October 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

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T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.354.1823
City of Monte Sereno
18041 Saratoga – Los Gatos Rd
Monte Sereno, CA 95030
Attn: City Council
October 16th, 2023
SB-9 Revised Ordinance.

Council Members:

I encourage the Council to adopt the Draft Ordinance proposed by staff tonight.

However, is the Council aware of SB450 (designed to close SB9 loopholes), which, as of 10/14/23 contains the text below and is in the final stages of consideration by the State Legislature, having passed in the Senate 30/7/3? 65852.21.(a)(3) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone.

This legislation gives HCD oversight over SB9 with local jurisdictions and will mean that between now and 12/31/23 the City will need to amend its SB9 ordinance further to remove the disparity between SB9 lots/homes and conventionally approved ones.

Based on this, I would encourage establishing Objective Standards that only apply ‘within the district zoning setbacks’, so as not to restrict design freedom for conventionally designed/located structures.

Thank you
Tony Jeans

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OCTOBER 17, 2023 CITY COUNCIL MEETING
SB9 ORDINANCE

MODIFICATIONS

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SB9 BACKGROUND
• State Law effective January 1, 2022
applicable to all single-family zoned lots.
• Requires ministerial approval of up to two
housing units (Residential Development).
• Requires ministerial approval of a one-time
two-lot subdivision (Urban Lot Split).
2

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3 CURRENT SB9

REQUIREMENTS
• City Council adopted an ordinance NS-229
implementing local SB9 requirements.
• Limits any new SB9 building to maximum 800
square feet.
• Maximum of two units on a lot created
through an Urban Lot Split.

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4 REASONS FOR SB9

MODIFICATIONS
• 6th Cycle Housing Element – Need to plan for
~215 new housing units (193 RHNA plus a
buffer)
• Interest from the community
• Interpretations made by HCD

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5 STAFF RECOMMENDATION

1. MAXIMUM BUILDING SIZE
• Current requirement limits new buildings to
800 square feet maximum.
• Draft ordinance allows the same building size
allowed in the zoning district including the
main house, garage, and second unit.
• R-1-8 – 3,300 Square Feet
• R-1-20 – 4,950 Square Feet
• R-1-44 – 6,600 Square Feet

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6 STAFF RECOMMENDATION

2. MAIN HOUSE AREA LIMIT WHEN

LOCATED IN ZONING CODE SETBACK
• State SB9 laws allows SB9 buildings to have
a rear yard and side yard setbacks of four
feet.
• Draft ordinance states that if the main house
is constructed with these reduced setbacks,
the building size be limited to 800 square
feet.

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7 STAFF RECOMMENDATION

3. AFFIDAVIT FOR THREE YEAR

RESIDENCY FOR URBAN LOT SPLIT
• State SB9 law states the applicant intent to
live in one of the housing units for a minimum
of three years.
• Draft ordinance requires a notice be recorded
with Santa Clara County property records.

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8 STAFF RECOMMENDATION

4. NEIGHBORHOOD NOTICING
• Currently requirements include noticing of
neighbors within 600 feet of project site
when an SB9 project is received and again
when the project is approved.
• Draft ordinance revises the noticing
requirements so that one notice is provided
to properties within 600 feet when an
application is received.

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9 STAFF RECOMMENDATION

5. TREE REMOVAL PERMITS FOR SB9

PROJECTS
• State law does not allow a local jurisdiction
to deny a Tree Removal Permit in conjunction
with an SB9 project.
• Draft ordinance requires:
• Two replacement trees, native/drought-tolerant
species and not Unsuitable Species, and trunk
measuring 10” in circumference.
• If removed tree is an Unsuitable Species, one 24” box replacement that is native/drought-tolerant species
and not Unsuitable Species
• Maintain the current requirement that removal of
oak trees measuring 115” in circumference only
allowed when denial would preclude two 800 square
foot units.

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10 STAFF RECOMMENDATION

6. SLOPED PROPERTIES
• Clarify that the slope density formula applies
to sloped lots.
• Also, the draft ordinance prohibits SB9
projects on a portion of a lot sloped 30% or
greater.

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11 STAFF RECOMMENDATION

7. REQUIRE TWO UNITS
• Draft ordinance requires that two dwelling
units be constructed under SB9.
• First unit constructed would be as allowed
for an ADU/JADU.
• Second unit is the main house and size is
limited by zoning district.

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12 STAFF RECOMMENDATION

8. COVERED PORCH LIMITATION
• Current requirement limits total covered
porch area to 150 square feet with 1/3 of the
area at the front.
• Draft ordinance eliminated this requirement
and includes porches in the overall structural
coverage and impervious coverage limits.

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13 STAFF RECOMMENDATION

9. IMPERVIOUS COVERAGE LIMIT
• Current requirement is that actual zoning
district impervious coverage be applicable
rather than effective zoning district.
• Impervious coverage limits:
• R-1-8 – 60%
• R-1-20 – 40%
• R-1-44 – 30%
• Urban Lot Split could result in increased
impervious coverage.
• Draft ordinance eliminate this requirement
and applies the standard zoning code
requirements.

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14 STAFF RECOMMENDATION

10. DISTANCE BETWEEN

BUILDINGS ON THE SAME LOT
• Current requirement for SB9 project is 10 feet
between buildings on the same lot.
• Draft ordinance eliminate this requirement
and applies the standard zoning code
requirements of six feet between buildings on
the same lot.

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15 STAFF RECOMMENDATION

11. NUMBER OF DRIVEWAY CURB
CUTS
• Currently no limit on the number of driveway
curb cuts for Urban Lot Splits.
• Draft ordinance requires that lots created by
an Urban Lot Split be allowed one curb cut
unless the lot has 80 feet or more of
contiguous feet of frontage on a street.

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16 STAFF RECOMMENDATION

12. PROVIDE OPTION FOR

DISCRETIONARY REVIEW
• Currently, lots created by an Urban Lot Split
are required to build under SB9 regulations.
• Draft ordinance allows development
application under the SB9 regulations
(ministerial, staff level) or through the
discretionary Site Development Permit
process (discretionary, Site and Architectural
Commission hearing).

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17 STAFF RECOMMENDATION
• On October 4, 2023, the Site and
Architectural Commission recommended the
City Council adopt the draft ordinance.
• Staff recommends that the City Council
waive the first reading and introduce the
draft ordinance.
• If the draft ordinance is introduced tonight,
following are the next steps:
• November 7, 2023 City Council Adoption
• Effective on December 7, 2023

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18 QUESTIONS
• Questions?

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STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and Waiver of First Reading of Ordinance No. NS-239, an Ordinance of the City Council of the City of Monte Sereno Amending Section 10.06.140 (Accessory Dwelling Units) to address comments received from the California Department of Housing and Community Development.

Recommendation(s):

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

NS-239.

Background Information:

On May 25, 2023 the California Department of Housing and Community Development (HCD) sent a letter to the City regarding the City’s Accessory Dwelling Unit (ADU) ordinance (Attachment 1). HCD has been reviewing ADU ordinances from jurisdictions throughout the State to verify they are compliant with State laws. Several other local jurisdictions have recently received similar letters regarding their ADU ordinances.

Analysis:

HCD noted five clarifications that need to be made to the Monte Sereno ADU ordinance to ensure full compliance with State laws. After meeting with HCD staff, changes to the Municipal Code are recommended for four of the comments as HCD staff agreed that the second item described below is already addressed by another Municipal Code section. A summary of these comments and the proposed changes is provided below.

1. Section 10.06.140.A.4 – Parking
The Municipal Code currently stated the one additional parking space required for an ADU can be “ . . .provided in setback areas or in a tandem configuration on an existing driveway, unless the Director determines that that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.” The

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concern with this language is that the determination of potential fire or life safety conditions is a discretionary determination and without objective standards.

Staff recommends removing the wording providing for a staff determination that parking located in a setback or in tandem could create a regional topographical or fire and life safety condition. Providing uncovered parking spaces in tandem (i.e. driveway space located behind a garage space) or within the setbacks (driveways are often located within the front yard setback) is a common designs for properties in Monte Sereno, and allowed without exception for single-family houses. Staff is not aware of a project where these types of parking configurations have resulted in a fire or life safety concern. New ADUs are required to comply with the fire access requirements of the California Fire Code and this verification is made by the Santa Clara County Fire Department through the plan review and on-site inspection processes. Any fire safety concerns related to the parking configuration would be addressed by the Fire Department.

2. Section 10.06.140.A.5 – Access
Currently, the Municipal Code states that the main entry door for the ADU shall be located so that only one entry door (main house or ADU) is visible from the street. State law ensures that local ordinances do not preclude the ability of each single family to construct one ADU of up to 800 square feet. HCD’s concern is that this requirement could preclude an ADU of up to 800 square feet from being constructed.

In discussion with HCD staff, Municipal Code section 10.047.140.H was reviewed. This code section states that notwithstanding other provisions of the Municipal Code, the City shall approve an ADU that meets the state-mandated criteria, including a maximum of 800 square feet in size. This section of the Municipal Code satisfied this concern from HCD and no change to the Municipal Code is required.

3. Section 10.06.140.A.6 – Locations Permitted
The Municipal Code section states, “The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers and has access to a street conforming to City of Monte Sereno street standards.” HCD has commented that the state laws do not allow a local jurisdiction to prohibit ADUs based on the condition of the existing street the property is accessed from.

Staff recommends removing the wording on this Municipal Code section to remove the requirement that an ADU be accessed from a street conforming to the City of Monte Sereno street standards as directed by HCD. Staff does not have a record of a ADU being denied due to the condition of the street; therefore, this change will not have a significant impact on how ADUs are currently being reviewed. Access standards for emergency vehicles are addressed by the Santa Clara County Fire Department and compliance with the California Fire Code standards are required before a building permit is issued for a new ADU.

4. Section 10.06.140.A.9.a – Setbacks

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The Municipal Code currently states that new ADUs shall meet the front yard setback requirements, except that an ADU of up to 800 square feet can encroach into the front yard setback if no alternative location on the lot exists that would allow for an 800 square foot ADU.

HCD has commented that this creates a discretionary review process in determining where an ADU can be situated given multiple factors that may exist on a lot including the location of existing structures, landscaping, and ground slope.

Staff recommends removing the language stating an ADU of up to 800 square feet can only be located in the front yard setback when no alternative location on the lot exists. State law requires that local jurisdictions approve ADUs of up to 800 square feet when state-mandated criteria are met (i.e. maximum 800 square feet, rear and side yard setbacks of four feet, and height of 16 feet maximum). This modification will continue to require that ADUs meet the front yard setback, unless the ADU meets the State mandated approval requirements as noted in Municipal Code section 10.04.140.H.

5. Section 10.06.140.B – JADUs
Currently, the Municipal Code allows JADUs to be as part of the main house or part of a detached structure based on state laws regulating JADUs. However, HCD has noted their interpretation of the state laws is that JADUs can only be located within the walls of a singlefamily house and not a detached accessory structure. Staff recommends revising the Municipal Code as directed by HCD.

California Environmental Quality Act:

Enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to California Public Resources Code Section 21080.17 as this action is to adopt an ordinance to implement the requirements of sections 65852.2 of the Government Code.

Public Noticing:

Attachments:

1. HCD May 25, 2023 Letter

2. Draft Ordinance No. NS-239

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 25, 2023
Diana Perkins, City Planner
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Dear Diana Perkins:

RE: Review of Monte Sereno’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Monte Sereno (City) accessory dwelling unit (ADU) Ordinance No. NS-232 (Ordinance), adopted on December 20, 2022, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinance does not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than June 25, 2023.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:
• Section 10.06.140 (A)(4) – Parking – The Ordinance states, “No additional driveways shall be permitted, except for corner lots. Parking may be provided in setback areas or in a tandem configuration on an existing driveway, unless the Director determines that that [sic] parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.” However, Government Code section 65852.2, subdivision (a)(6), states that a permit application for an ADU must be approved ministerially, and without discretionary review. In addition, Government Code section 65852.2, subdivision (a)(1)(B)(i), authorizes the City to impose objective standards.

Subdivision (j)(7) defines objective standards as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Leaving the decision up to the Director’s discretion without objective standards leaves room for an inconsistent application of the Ordinance.

Therefore, the City must amend this section to remove any discretionary review from the Ordinance.

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Diana Perkins, City Planner

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• Section 10.06.140 (A)(5) – Access – The Ordinance states, “An accessory dwelling unit which is attached to or within the primary residence on the lot shall not have any direct access to the primary residence but shall have a separate exterior entry which shall not be located on the same side of the primary residence as the principal exterior entry to the primary residence. The entry to any accessory dwelling unit shall be so configured and located that only one (1) main entrance to any property is visible from the adjacent street or road.” However, local design standards (such as door placement requirements) provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), may not preclude a unit built subject to Government Code section 65852.2, subdivision (e), which includes all converted units, all JADUs, 800 square-foot new construction detached units with four-foot setbacks, and detached units with multifamily primary dwelling structures. Therefore, the City should note the exceptions.
• Section 10.06.140 (A)(6) – Locations Permitted – The Ordinance states, “The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers and has access to a street conforming to City of Monte Sereno street standards.” However, Government Code section 65852.2, subdivision (a)(1)(A), only allows for local agencies to designate areas based on “the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.” While “street standards” is not defined in the Ordinance, the preclusion of ADUs in areas without paved streets (for example) could inappropriately limit ADU availability. Moreover, the lack of clarity about what is meant by “street standards” makes this provision subjective, whereas Government Code section 65852.2, subdivision (a)(1)(B)(i), requires the City to impose only objective standards. The City must amend this language. • Section 10.06.140 (A)(9)(a) – Setbacks – The Ordinance states, “An accessory dwelling unit shall comply with the front setback required for an accessory structure in the residential zoning district within which it is located, unless the accessory dwelling unit is not more than 800 square feet and there is no alternative location on the lot that would allow for an 800 square foot accessory dwelling unit with four foot side and rear setbacks to be constructed.” While this provision generally conforms with Government Code section 65852.2, subdivision (c)(2)(C), it is unclear how this exception would be applied ministerially.

Government Code section 65852.2, subdivision (a)(3)(A), prohibits a local agency from performing a discretionary review of an application to permit an ADU, and Government Code section 65852.150, subdivision (b), clarifies that the intent of the Legislature in adopting ADU Law is so that local ADU ordinances “are not so arbitrary, excessive, or burdensome so as to unreasonable restrict” the creation of ADUs.” Therefore, the City must amend the Ordinance to clarify how the City will

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Diana Perkins, City Planner

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apply this requirement – that ADUs be constructed elsewhere on the lot before waiving standards that preclude an 800 square-foot ADU from being constructed partially or entirely within front setbacks – in such a way as to not make infeasible a proposed ADU.
• Section 10.06.140 (B)(3)(a) – JADUs – The Ordinance implies that a JADU could be created out of an accessory structure; however, Government Code 65852.22, subdivision (a)(4), specifies that a JADU may only be constructed within the walls of an existing or proposed single-family dwelling unit, and not inside accessory structures. Therefore, the City must amend this section to specify that JADUs must be within the walls of the primary single-family dwelling.

In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.

HCD appreciates the City’s efforts provided in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel free to contact Tyler Galli, of our staff, at (916) 776-7613 or at [email protected].

Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability

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ORDINANCE NO. NS-239

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 10.06.140 (ACCESSORY DWELLING UNITS)
WHEREAS, the City received a letter from the California Department of Housing and Community Development dated May 25, 2023 identifying portions of the Monte Sereno Municipal Code that required to be modified to comply with State ADU Law.

WHEREAS, the City Council of the City Monte Sereno desires to amend the regulations for accessory dwelling units in the Monte Sereno Municipal Code to be consistent with state laws.

NOW THEREFORE, the City Council of Monte Sereno does ordain as follows:

SECTION 1. Amendment of Section 10.06.140. Section 10.06.140(A)(4) of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.06.140(A)(4) Parking.

At least one (1) parking space shall be provided for each accessory dwelling unit in addition to the minimum number of parking spaces required for the primary dwelling. No additional driveways shall be permitted, except for corner lots. Parking may be provided in setback areas or in tandem configuration on an existing driveway.

Should a garage, carport or covered parking structure be demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces shall not be required to be replaced.

No parking shall be required for any accessory dwelling unit that meets any of the following criteria:
a. The accessory dwelling unit is located within one-half mile of public transit; or b. The accessory dwelling unit is located within an architecturally and historically significant historic district; or
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; or
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. When there is a car share vehicle located within one (1) block of the accessory dwelling unit; or
f. Where an application for construction of an accessory dwelling unit is submitted with an application to construct a new single-family dwelling or multi-family dwelling on the same lot, and the accessory dwelling unit satisfies any of the other criteria listed in this paragraph.”

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SECTION 2. Amendment of Section 10.06.140. Section 10.06.140(A)(6) of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.06.140(A)(6) Locations Permitted.

6. Locations Permitted. The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers.”
SECTION 3. Amendment of Section 10.06.140. Section 10.06.140(A)(9)(a) of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.06.140(A)(9)(a) Setbacks.
a. An accessory dwelling unit shall comply with the front setback required in the residential zoning district within which it is located, except for an accessory dwelling unit of up to 800 with minimum four (4) foot side and rear yard setbacks.” SECTION 4. Amendment of Section 10.06.140. Section 10.06.140(B)(3) of the Monte Sereno Municipal Code is amended to read in entirety as follows:
“10.06.140(B)(3) Setbacks.

3. Setbacks. Setbacks for a junior accessory dwelling unit constructed with a new single-family dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling. However, as permitted in this section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may be constructed only if the following setbacks are maintained:
a. A front setback accordance with the applicable zoning district. b. A minimum side yard setback of four (4) feet.
c. A minimum rear yard setback of four (4) feet.”
SECTION 5. Amendment of Section 10.06.140. Section 10.06.140(B) of the Monte Sereno Municipal Code is amended to add a new subsection 10.06.140(B)(11) to read as follows:
“10.06.140(B) Junior Accessory Dwelling Unit Standards.

11. Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.”

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SECTION 6. Environmental Review.

The City Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to California Public Resources Code Section 21080.17 as this action is to adopt an ordinance to implement the requirements of sections 65852.2 of the Government Code.

SECTION 7. Effective Date.

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

SECTION 8. Severability.

SECTION 9. 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 17th day of November 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

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STAFF REPORT
Meeting: City Council - Oct 17 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Consideration of and Appointment to a City of Monte Sereno Council AdHoc Committee for Renewal of the Los Gatos-Monte Sereno Police Agreement for Law Enforcement Services
Recommendation(s):

Staff recommends The Monte Sereno City Council consider creation of an Ad-hoc Committee and appoint two members of Council to evaluate the renewal of the Los Gatos-Monte Sereno Police Department (LGMSPD) Agreement for Law Enforcement Services.

Background Information:

The City Council of Monte Sereno utilizes ad-hoc committees as subcommittees of the City Council for special assignments to complete work tasks on projects later presented for Monte Sereno City Council consideration. Ad-hoc committee assignments are for one-year terms and expire automatically unless renewed annually after their original inception. While ad-hoc committees are not subject to Brown Act requirements regarding agendas and open meetings, any permanent or standing committees created by the City Council are subject to such requirements, even if less than a quorum of the Council sits on such committees. Thus, ad hoc committees should be limited in scope and duration.

Analysis:

The current agreement for law enforcement services is due to expire June 30, 2025. The agreement for services should be renewed prior to June 30, 2025. Any potential amendments or changes to the agreement require approval by both parties, which means by vote of the entire City Council of Monte Sereno, and the Los Gatos Town Council.

Alternatives:

1. Adopt staff recommendations provided in this report.

2. Amend staff recommendations in this report and adopt those amendments.

3. Provide no changes to the City of Monte Sereno ad-hoc committee appointments.

Conclusion:

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The acceptance of recommended staff suggestions to the current City of Monte Sereno AdHoc Committee appointments will allow for work items to be addressed in a more organized fashion to address the agreement for law enforcement services prior to contract expiration.

Public Noticing:

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

Attachments:

Agreement for Law Enforcement Services
Drafted Resolution

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AGREEMENT FOR LAW

ENFORCEMENT SERVICES

CLERK DEPARTMENT
AGR
iI1H
C3 - - - Ri3 .

RESCs
This Agreement for Law Enforcement Services ( "Agreement ") is entered into by and between the TOWN OF LOS GATOS ( "Los Gatos" hereinafter) and the CITY OF MONTE SERENO ( "Monte Sereno" hereinafter), both municipal corporations and general law cities located in the County of Santa Clara, State of California.

RECITALS
A. Los Gatos has its own police department and Monte Sereno does not.

B. Monte Sereno has contracted with Los Gatos since 1995 for police services and desires to continue services through an amended and restated contract and provide for police protection within its boundaries pursuant to this Agreement.

C. This independent contractor Agreement is entered into pursuant to provisions of Government Code Sections 55631 through 55634, and any and all other applicable authority.

D. Los Gatos and Monte Sereno desire to enter into a 10 (ten) year agreement effective July 1, 2015.

E. This Agreement is an independent contractor agreement and is not a joint employer arrangement between Monte Sereno and Los Gatos.

NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, Los Gatos and Monte Sereno agree as follows:

AGREEMENT

1. GENERAL PROVISIONS.
a) This Agreement for Law Enforcement Services is effective July 1, 2015, and thereafter the provisions herein supersede and replace any previous Agreement or Amendments executed by the parties.
b) In this agreement the word " Chief' means Chief of Police of the Town of Los Gatos.
c) The Chief of Police of Los Gatos and his staff shall have authority and control over the manner and means of the overall operations and the procedural manner in which the police services are performed under this agreement. On or before the 1st day of April of each year of this Agreement, the Chief of Police of Los Gatos shall consult

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with the Monte Sereno City Manager on service level issues and the parties may modify this Agreement as necessary to meet the needs of Monte Sereno subject to approval by the City and Town Council of each entity.
d) The Chief or a member of the Chiefs staff will attend Monte Sereno City Council meetings on a bi- annual basis and provide performance measures to the City of Monte Sereno City Council. These performance measures shall include crime statistics, response times and traffic enforcement trends and /or significant crime report summaries as well as patrol service hours provided for the prior six month period. In addition, the City of Police or a member of the Chief's staff shall submit reports at least quarterly, unless otherwise agreed to by the parties, to the Monte Sereno City Manager detailing the incidence of crime in the City of Monte Sereno and the hours of service provided to Monte Sereno.
e) Los Gatos and Monte Sereno shall cooperate in the preparation and submission of applications for government law enforcement grants for police services in and for the City of Monte Sereno. Los Gatos and Monte Sereno agree that there is a mutual benefit to such efforts. Los Gatos and Monte Sereno also agree that either may independently pursue grants and shall be individually responsible therefore. f) Responsibility for the selection, assignment and discipline of Police personnel and other matters incident to the performance of services and the control of personnel shall remain exclusively with Los Gatos. Formal complaints regarding the conduct of Los Gatos Police personnel may be submitted by the Monte Sereno City Manager to the Chief of Police. Such complaints shall be promptly investigated and the outcome communicated to the complainant.
g) Employee relations and related issues, including but not limited to Los Gatos employee salaries and benefits, shall be the sole and exclusive responsibility of Los Gatos.

2. SERVICE PROVISIONS.

A. General Services. Los Gatos shall provide police protection services to Monte Sereno for and during the term of this Agreement and any extension or extensions

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thereof. Services shall be the same as those provided to the Town of Los Gatos and include the following:
i. The enforcement of State Statutes and Municipal Ordinances of Monte Sereno, except such Municipal Ordinances of the type which would require special training of officers or of a type of enforcement that is contracted by Los Gatos to a third party or other public agency. Nothing herein contained shall preclude enforcement by Los Gatos personnel of the above - excepted ordinances;
ii. Patrol officer services for an average of 80 hours per week'; iii. Traffic enforcement';
iv. Community Service Officer services;
V. Investigations by detectives of all cases meeting the assignment criteria being used by Los Gatos;
Vi. 24 -hour per day communications services to include:
a. 9 -1 - 1 service
b. Police dispatching
c. After -hours dispatching of non - police services
Vii. Police Records Specialist service;
Viii. Collateral Specialty Teams and Additional Programs /Resources offered in the Town of Los Gatos including, but not limited to, Crime Scene Investigations, Traffic Investigation Team, Volunteers in Policing, Neighborhood Watch, Vacation Check Program, and Reserve Officer Program;
ix. Coordination of police resources in the event of a major disaster or emergency that necessitates the activation of the Emergency Operations Center ( "EOC ") in the Town of Los Gatos as more specifically detailed in Section 2b below.

Patrol and Traffic hours include activity and patrol time expended in Monte Sereno, and all other related administrative duties including, but not limited to, booking of evidence, report writing, case follow -up for cases originating in Monte Sereno. Service hours shall also include "beat preparation" time and " securing from beat' time at the rate of ten percent ( 10 %) of the above references hours.

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B. Emergency Preparedness. In the event of a major disaster or emergency in Monte Sereno that necessitates the activation of the E. O. C., the Town of Los Gatos shall open the E. O.C. for use by Monte Sereno and activate the E. O. C. based on the needs of the disaster. A Police Department representative shall immediately be dispatched to the E. O. C. and report to the Monte Sereno Director of Emergency Services City Manager). A Command Officer will respond as soon as possible and will assume responsibility of working with Monte Sereno City officials as needed. The Town of Los Gatos shall maintain the E. O.C. and the E. O. C. infrastructure.

For the purpose of performing all of the services provided for in this Agreement, Los Gatos shall provide personnel, supervision, communications, equipment and supplies necessary to maintain the services to be rendered; provided, however, if in the sole judgment of the Chief or his /her designee, an emergency arises in Los Gatos which requires temporary diversion of officers and vehicles from Monte Sereno, the same may be diverted to Los Gatos on an emergency basis, and to the extent emergencies in Monte Sereno require additional police support, the Chief or the Chiefs staff may divert personnel and vehicles from Los Gatos to Monte Sereno for any emergencies.

3. AUTHORITY
a) The authority for assignment, control and discipline of Los Gatos officers and employees and other matters incident to the performance of services by Los Gatos under this Agreement, and the control of Los Gatos personnel shall remain with Los Gatos.
b) Monte Sereno shall designate the Los Gatos Chief as its Chief in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code sections 36501, et seq.), said Chief to function and operate in conformity with the terms of this Agreement.

4. WORKERS' COMPENSATION LIABILITY AND INSURANCE

PROVISIONS
a) Monte Sereno shall not be liable for payment of salaries, wages or other forms of compensation to any Los Gatos personnel performing services hereunder, including

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personnel performing indirect services hereunder, such as police management personnel, watch commanders, background investigators, community service officers, police communications personnel and police clerical personnel. It is understood and agreed that for such purposes all such Los Gatos personnel performing either direct or indirect services to Monte Sereno hereunder shall be deemed employees of Los Gatos while acting in or for Monte Sereno pursuant to this Agreement. Los Gatos shall maintain Workers' Compensation Insurance covering all Los Gatos personnel performing services under this Agreement.
b) Los Gatos shall indemnify, defend, and hold harmless Monte Sereno, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of Los Gatos and its employees as set forth in this Agreement.
c) Monte Sereno shall indemnify, defend, and hold harmless Los Gatos its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of Monte Sereno and its employees as set for in this Agreement.
d) Los Gatos and Monte Sereno shall each maintain its own liability insurance coverage, through self- insurance or otherwise, against any claim of civil liability arising out of the performance of this Agreement. However, the maintenance of such insurance shall in no way reduce the obligation of either party to indemnify, defend and hold harmless either party or its officers, agents and employees.

5. PAYMENT FOR SERVICES
a) A year, for the purposes of this Agreement, is the period beginning on July 1st and ending on June 30th.
b) Annual Base Rate. For the services outlined in Section 2 above, beginning July 1, 2015, Monte Sereno agrees to pay Los Gatos the annual base rate of $712, 787. 00 Base Rate "). The Base Rate includes an overhead rate built into annual base amount and includes but is not limited to: supplies, materials, facilities and vehicle costs, as well as administrative time for the Town Attorney, Town Manager's Office, Human Resources Department and Finance Department. Included in the Base Rate is $ 35,853. 84 for the

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cost to maintain the EOC facility, the EOC infrastructure and for activation of the EOC in the event of a disaster or emergency as required in Section 2b. Any additional Town services furnished to Monte Sereno in the event of a disaster or emergency are not covered under this agreement.
c) Supplemental Law Enforcement Services Fund. In the event the City of Monte Sereno is awarded monies from the Supplement Law Enforcement Services Fund SLESF) from the State of California, Monte Sereno will grant those funds to Los Gatos for additional police services agreed upon by the parties within 30 days of receipt of the monies from the State of California. Los Gatos will provide 416 hours of additional traffic enforcement within the city limits of Monte Sereno in exchange for the $ 100, 000. 00 awarded by the State of California. Should SLESF funding not be awarded to Monte Sereno, or if SLESF funding is eliminated from the State budget, then Monte Sereno shall be required to pay Los Gatos an additional $ 100, 000.00 above the Base Rate or agree to a reduction in police services commensurable with the reduction in $ 100,000.00 funding from SLESF.
d) Significant Crimes. In the event of a significant crime or crimes in Monte Sereno which includes, but is not limited to, kidnapping, homicide, hostage event, serial assault/robbery and /or other high level critical incident, Los Gatos will track incident time for these events. When it appears to the Chief of Police, in his /her sole discretion, that a significant crime or crimes will involve 320 hours or more of investigative hours in a year, the Chief of Police will so inform the Monte Sereno City Manager and discuss the necessary staffing levels. If the investigative hours required for a significant crime or crimes result in Los Gatos performing more than 900 hours of investigative work in a Year, Los Gatos shall provide Monte Sereno with an accounting of the total investigative hours broken down between the significant crime or crimes and general investigations and Monte Sereno agrees to pay for any additional investigative services over 320 hours for the significant crime or crimes in a year at the actual cost to Los Gatos to provide the services.
e) Los Gatos shall provide the Monte Sereno City Manager with a monthly statement for 1/ 12 of the Base Rate in the monthly amount of $59, 398.92 and the same shall be due and payable on or before the fifteenth ( 15th) day of the month next

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succeeding the month during which any such statement is mailed or delivered. All such statements shall be delivered to Monte Sereno as is specified in Section 7 ( b) of this Agreement.
f) The Base Rate set forth in 5( b) shall increase yearly based on the Average Annual Consumer Price Index for benefits for the 12 -month period ending December of the proceeding calendar year plus 2 %. Parties agree to use the U. S. Department of Labor, Bureau of Labor Statistics Employment Cost Index, and Benefit Index for State and Local Government Workers. In no event shall the annual increase exceed 6. 0 percent.
g) In the event of a substantive change in personnel costs to the Town of Los Gatos, including the reduction in police department workforce, such that the services provided to Monte Sereno are affected, the parties may negotiate for amended terms to this agreement.
h) E. O. C. Pursuant to Section 2, Monte Sereno is entitled to use the E.O.C. for 240 hours within each Year of the contract. Use is defined based on any single occupancy of the facility, regardless of length of time, and subject to availability. Monte Sereno is entitled to first priority to use the E. O.C. second only to Los Gatos. In the event the need for the E. O. C. is based on a disaster or emergency that effects Los Gatos and Monte Sereno, the parties agree to work cooperatively to share the E. O. C. and the E.O. C. infrastructure. Additional use of the E. O. C. beyond the 240 hours will be billed to Monte Sereno at a rate of $124. 00 per day, regardless of length of time and subject to availability.

This daily rate will increase at a rate of 3% each year. 0) Crime laboratory fees, booking fees, and fees associated with the Santa Clara County Automated Fingerprint System ( Cal ID), charged by the County of Santa Clara, or any other city, county or state agency, for incidents originally occurring in Monte Sereno shall be paid by the City of Monte Sereno, directly to the County of Santa Clara or applicable public agency and are not included in this Agreement. 0) No other costs of any kind, including but not limited to capital projects, construction, equipment, or unforeseen personnel actions, will be added to the costs of the services unless specifically addressed in this Agreement.

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k) Any and all property acquired by Los Gatos under and pursuant to this Agreement shall be and at all times remain the property and responsibility of Los Gatos without any division or distribution thereof upon termination of this Agreement, except as otherwise agreed upon in writing. Property acquired by Monte Sereno shall remain the property and responsibility of Monte Sereno, except as Monte Sereno cedes such property to Los Gatos for the performance of services under this Agreement. 1) The consideration provided to be paid to Los Gatos will not result in any surplus money and no monies shall be subject to refund to Monte Sereno at any time during or after the termination of this Agreement, unless there is overpayment.

This Agreement shall be effective July 1, 2015 and be operative through June 30, 2025, subject to the following cancellation provision:
a) The Town of Los Gatos commits to providing law enforcement services for a three year period July 1, 2015 — June 30, 2018.
b) During the period July 1, 2018 — June 30, 2025 either Los Gatos or Monte Sereno may unilaterally with or without cause cancel this Agreement upon at least one year written notice to the other party.
c) This Agreement may also be canceled or amended as of any date by written mutual agreement of both parties.

7. MISCELLANEOUS
a) No person is intended to or shall be a third party beneficiary to this Agreement.
b) Any notice required by this Agreement shall be mailed or delivered to the Town of Los Gatos at 110 E. Main Street, Los Gatos, California 95032, Attention: Chief and to the City of Monte Sereno, 18041 Saratoga -Los Gatos Road, Monte Sereno, California, 95030, Attention: City Manager. A party's address may be modified by addressee's giving written notice of such modification to the other party calling specific attention to this Agreement.

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c) If any provision of this Agreement shall be held to be invalid, such provision shall be severable and such invalidity shall not impair the validity of any other provision of this Agreement.
d) The waiver of either party of any violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent reach or violation of the same term or condition. e) In any legal action or proceeding brought for enforcement of this Agreement, the successful party shall be entitled to recover reasonable attorney' s fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the last day and year set forth below.

CITY OF MONTE SERENO
4z9/ 00 /5
Date
77 to , a...
t 7iml"' AIj?

TOWN OF LOS GATOS
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RESOLUTION NO. 23-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO

ESTABLISHING THE RENEWAL OF THE LOS GATOS-MONTE SERENO POLICE

AGREEMENT FOR LAW ENFORCEMENT SERVICES AD HOC COMMITTEE WHEREAS, the City of Monte Sereno (City) has entered into an agreement for the Town of Los Gatos (Town) to provide police services to the City (Agreement); and WHEREAS, the Agreement expires on June 30, 2025; and
WHEREAS, the Town needs to plan staffing levels, recruit, and train officers, and prepare capital and operating budgets; and,
WHEREAS, it is desirable for a new agreement to be entered into for the Town to provide police services to the City by March 31, 2024 for a term starting July 1, 2025 (New Agreement);
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that City Council forms an Ad Hoc Committee effective October 17, 2023, until no later than October 16, 2024 to accomplish the following:

1. 2.

3. ; and
BE IT FURTHER RESOLVED that ________ and ________ are hereby appointed to the Ad Hoc Committee.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 17th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved:_____________________________
Bryan Mekechuk, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk

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Monte Sereno City CouncilOctober 17, 2023

Monte Sereno City Council
October 17, 2023