Monte Sereno City Council
November 7, 2023

AGENDA
City of Monte Sereno
Tuesday, November 7, 2023
City of Monte Sereno
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA
Remote Participation
1012 Albion Road,
Boulder, CO 80305

MEMBERS OF THE PUBLIC MAY ATTEND IN-PERSON
How to Participate
The City Council meeting is held in the City Council Chambers at City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno. Oral public comments may only be provided live during the meeting in person; however, the meeting can be viewed/listened to remotely as follows:
 To view the meeting webinar with a PC, Mac, iPad, iPhone or Android device:
https://us06web.zoom.us/j/86951567686?pwd=RDU5VDZ4eE5ySUdnL0VjZVBIOTExUT09 Passcode:720909
 To listen by telephone dial US: +1 669 444 9171 or +1 720 707 2699 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 719 359 4580 or +1 507 473 4847 or +1 564 217 2000 or +1 646 558 8656 or +1 646 931 3860 or +1 689 278 1000 or +1 301 715 8592 or +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 360 209 5623 or +1 386 347 5053 . When prompted by the system enter participation Webinar ID: 869 5156 7686 and Password: 720909.
 iPhone one-tap (telephone connection):
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If you are unable to participate in person, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Oral Communications - Non Agenda Item." Written comments should be a maximum of 350 words, which corresponds to approximately three (3) minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record.

Any member of the public who needs accommodations should email or call the City Clerk who will use her best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you

need special assistance to participate in this meeting, please contact the City Clerk at 408-498-5285 or [email protected]. 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.

Page

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

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

PRESENTATIONS

1. Monte Sereno Police Services Presentation Report January - June 2023 Monte Sereno Report January - June 2023
6 - 18

ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.

WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.

CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.

2. Approve the October 17, 2023 Special City Council Meeting Minutes Staff recommends that the Council approve the October 17, 2023 Special City Council Meeting Minutes.

Staff Report - SR-21-033 - Pdf
19 - 21

3. Approve the October 17, 2023 Regular City Council Meeting Minutes Staff recommends that the Council approve the October 17, 2023 Regular City Council Meeting Minutes.

Staff Report - SR-21-033 - Pdf
22 - 27

4. Approve Warrant List Dated November 7, 2023 in the amount 28 - 30

$239,529.36
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-23-238 - Pdf

5. Adoption 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.

Staff recommends that the City Council adopt Ordinance No. NS-239.

Staff Report - SR-23-218 - Pdf
31 - 34

6. Adoption 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 adopt Ordinance No. NS-240.

Staff Report - SR-23-219 - Pdf
35 - 48

7. Acceptance of the John Steinbeck Arroyo de Ajo Sign and $5000.00 to design and fabricate the display inside the Community Center Staff recommends that the City Council accepts the gift of the John Steinbeck sign and $5000.00 from Joel and Dena Gambord.

Staff Report - SR-23-237 - Pdf
49 - 53

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

8. Council Direction Concerning the City's Ongoing Membership in the Cities Association of Santa Clara County
Council discussion regarding the continued status of the City of Monte Sereno as a member of the Cities Association of Santa Clara County.

Staff Report - SR-23-231 - Pdf
54 - 61

9. Consideration of Three (3) Applications and Appointment to Fill Two (2) Vacancies on the Monte Sereno Site and Architectural Commission Staff recommends that the City Council appoint two (2) applicants to the fill two (2) vacancies on the Monte Sereno Site and Architectural Commission.

Staff Report - SR-23-225 - Pdf
Public Comment Received
62 - 71

10. Consideration of Three (3) Applications and Appointment to Fill Three (3) Vacancies on the Monte Sereno Better Streets Commission 72 - 79

Staff recommends the City Council appoint three (3) applicants who applied for the
Better Streets Commission to fill three (3) vacancies on the Monte Sereno Better Streets
Commission.

Staff Report - SR-23-224 - Pdf

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 10/10/23 11/14/23
Santa Clara County Library JPA 06/01/23
Ellahie
Cities Association – Board of Directors 10/12/23 11/09/23 Cities Association – Legislative Action Committee 10/12/23 11/09/23 Joint Venture Silicon Valley Network

Turner
West Valley Sanitation District 10/11/23 11/08/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study

Wolsheimer
Silicon Valley Animal Control Authority 09/27/23
Santa Clara Valley Water District Commission 10/25/23
Mekechuk
Valley Transportation Authority Policy Advisory Committee 10/12/23 11/09/23 West Valley Clean Water Authority 11/02/23 02/01/24
West Valley Solid Waste Management Authority 11/02/23 02/01/24 Silicon Valley Clean Energy Authority 10/11/23 11/08/23 Association of Bay Area Governments 06/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 10/12/23 11/29/23
Cities Selection Committee 05/12/23 TBD in 2024
Mayors of Santa Clara County 11/03/23

11. Mayor Mekechuk Council Report 80 - 82

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

other than to place the matter on a future agenda.

CITY MANAGER’S REPORT

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

ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]

MONTE SERENO

POLICE SERVICES
REPORT

JANAUARY –JUNE 2023
THE DEPARTMENT Staff Update
Officer
Police Officer
Trainees
Dispatchers
897
HRS
235
HRS
1,331
/299
HRS
Per Diem
Dispatchers
Per Diem Evidence &
Property
CSOs &
PO Reserves
6,386 TOTAL OT HOURS
Police Officers Dispatch
4,614
HRS
1,772
HRS

Efficiencies & Improvements
o Police Operations
Building (POB) &
Headquarters
merger
Integration Equipment & Technology Recent Ordinances
o Drones
o E-Cite Technology
o Automated Training Program
o Permitium
o CCW
o Other Ordinance
updates

WHERE IS THE FOCUS?

COMPLIANCE
755 HOURS

DEVELOPMENT
696 HOURS

LEADERSHIP
328 HOURS
Mandates & Training

Mental Health Response
30 20
10 0
50 40
70 60
 Call 9-8-8 to reach Mental Health Resources for Santa Clara County for someone who is experiencing concerning mental health or substance use symptoms.
 The call center can send a field response team to the location (home, workplace, or a public space).
 Trusted Response Urgent Support Team (TRUST) will soon have a West Valley team and response van.
 TRUST is a team that works to de-escalate the situation, similar to Mobile Crisis Response Team (MCRT)

67 65
56 106
54 57
40 21
38 47
50 42
0 20 40 60 80 100 120 140 160 180
June
May
April
March
February
January
Calls For Service Proactive Incidents
MONTE SERENO PATROL ACTIVITY – INCIDENTS
Priority 1 Calls Priority 2 Calls Priority 3 Calls
4:35
6:36 7:14

AVERAGE RESPONSE TIMES BY

PRIORITY CALLS

RESPONSE TIME

Reported Vehicle Collisions – Monte Sereno
20%
20%
47%
13%
Top Primary Collision Factors
Los Gatos & Monte Sereno
January - June 2023
Unsafe Speed Unsafe Turn Right of Way DUI
Date Time Location Primary Collision Factor
3/4/23 1325 16100 Blk. Rose Ave. 21755(a) CVC- Unsafe
Passing
3/21/23 1055 Saratoga-Los Gatos
Rd./Ridgecrest Ave. 22350 CVC- Unsafe Speed
4/15/23 2235 Saratoga-Los Gatos
Rd./Quito Rd. 22350 CVC- Unsafe Speed
4/28/23 1505 18100 Blk. Daves Ave 23152(f) CVC- DUI

FLOCK SAFETY- POLICIES

FLOCK SAFETY- USAGE
Additional Infohttps://www.losgatosca.gov/DocumentCenter/View/23300/Automate d-License-Plate-Reader-Policypdf

NOTABLE CASES
Flock Case
Property Crime

Person Crime

COMMUNITY

POLICING
Neighborhood
Watch (4)
VIPVacation
Checks (114)
Methodists &
St. Luke
Churchvulnerable
comm. support
SRO
Community
Police
Academy
CERT
DART
Welcome
Packets

Collaborative Partnerships
C.E.R.T D.A.R.T
LGMS
Police
Foundation
LGSUHS
&LGUSD

QUESTIONS

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the October 17, 2023 Special City Council Meeting Minutes Recommendation(s):

Staff recommends that the Council approve the October 17, 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:
10-17-23 Special Meeting Minutes DRAFT

MONTE SERENO CITY COUNCIL

MEETING MINUTES

SPECIAL MEETING
5:00 p.m.

October 17, 2023

MEETING CALLED TO ORDER
At 5:01 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: Finance Officer Samoranos, Facility Manager/Special Projects Chaffin, City Engineer/Public Works Director Jordan, City Planner Perkins, City Clerk Gonzalez-Langarica, City Manager Leonardis and City Attorney Powell

NEW BUSINESS

1. PUBLIC TEAM BUILDING WORKSHOP
Review and Discuss Concepts Regarding Effective Council/Council and Council/Staff Working Relationships
City Manager Leonardis introduced facilitator Kevin Duggan.

Facilitator Kevin Duggan provided an interactive presentation for both the City Council and staff.

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

ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 6:56 p.m.

Bryan Mekechuk, Mayor

ATTEST:

Gloisy Gonzalez-Langarica, City Clerk

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the October 17, 2023 Regular City Council Meeting Minutes Recommendation(s):

Staff recommends that the Council approve the October 17, 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:
10-17-23 Regular Meeting Minutes DRAFT

MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

October 17, 2023

MEETING CALLED TO ORDER
At approximately 7:12 p.m., Mayor Mekechuk called the meeting to order.

PLEDGE OF ALLEGIANCE
Mayor Mekechuk 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 Planner Perkins, City Clerk Gonzalez-Langarica, City Manager Leonardis and City Attorney Powell

ORDERS OF THE DAY
None.

PRESENTATIONS
None.

ORAL COMMUNICATIONS
Public Comments received from the following:
▪ Public member Hess
▪ Public member Barry
▪ Public member Sanger
▪ Public member Phagan
▪ Public member Louser
A minor power failure occurred during Oral Communications.

Due to time sensitivity, Oral Communications was moved toward the end of the meeting.

WRITTEN COMMUNICATIONS

None.

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

1. Approve the October 3, 2023 Special City Council Meeting Minutes

2. Approve the October 3, 2023 Regular City Council Meeting Minutes

3. Approve Warrant List Dated October 17, 2023 in the Amount $262,183.52

4. Accept the Treasurer's Report for the Period Ending June 30, 2023

5. 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

6. 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).

Councilmember Ellahie pulled Item #6. Councilmember Turner pulled Item #2.

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 #3, 4, 5 and 7 on the Consent Calendar. Seconded by Councilmember Craig.

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

2. Approve the October 3, 2023 Special City Council Meeting Minutes Councilmember Turner inquired if her submitted evaluation had been presented in the Special Meeting for discussion.

City Manager Leonardis confirmed her submitted evaluation was included in the Special Meeting.

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 Approve the October 3, 2023 Special City Council Meeting Minutes. Seconded by Vice Mayor Wolsheimer.

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

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
City Engineer/Public Works Director Jordan 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 Ellahie to Consider and Approve 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.

Seconded by Councilmember Craig.

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

PUBLIC HEARINGS
None.

UNFINISHED BUSINESS

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

Discussion ensued.

Mayor Mekechuk opened the item for Public Comment.

Public Comment Received:
▪ Resident Hall
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.

MOTION: Motion by Councilmember Turner to Introduce and Waive 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). Seconded by Vice Mayor Wolsheimer.

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

NEW BUSINESS

8. 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.

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 Introduce and Waive 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. Seconded by Councilmember Turner.

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

9. 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
City Attorney Powell provided a staff report and answered questions from the Council.

Discussion ensued.

Mayor Mekechuk opened the item for Public Comment.

Public Comment Received:
▪ Public member Phagan
▪ Public member Dich
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.

Mayor Mekechuk and Councilmember Craig volunteered to be part of the Ad hoc Committee.

MOTION: Motion by Councilmember Ellahie to consider creation of an Ad-hoc Committee to work with the City Manager effective October 17, 2023 through October 16, 2024 to review the police requirements or needs of the City of Monte Sereno, evaluate available providers for police services, review the existing contract with the Town of Los Gatos and explore funding opportunities and to name Councilmember Craig and Mayor Mekechuk to serve on the Ad hoc Committee. Seconded by
Councilmember Craig.

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

COMMITTEE/COMMISSION REPORTS
Councilmember Craig shared the Youth Commission is excited to begin planning their participation with the Town of Los Gatos Holiday parade. Councilmember Craig also shared he administered the Oath of Office to all the Commissioners in their last meeting. Aside from attending the Youth Commission meeting, Councilmember Craig also sat in the Silicon Valley Clean Energy meeting for Mayor Mekechuk, where he listened in about the new contract. They came up with a working plan focused mainly on creating more programs to continue to provide an incentive for people to move to electrification of their homes.

Councilmember Ellahie stated he attended the Cities Association meeting that included an informative presentation on mental health and domestic violence.

Councilmember Rowena stated having nothing to report.

Vice Mayor Wolsheimer stated having nothing to report.

Mayor Mekechuk shared being out of town last week and having nothing to report.

COUNCILMEMBER COMMENTS

Mayor Mekechuk congratulated City Clerk Gonzalez-Langarica on obtaining her Certified Municipal Clerk Certification and Notary Public Oath and Certificate of Filing Forms through the Santa Clara County office.

CITY MANAGER’S REPORT
None.

FUTURE AGENDA ITEMS
Councilmember Ellahie requested the Cities Association JPA be brought for a presentation in a near future meeting.

CONTINUATION OF ORAL COMMUNICATIONS
Public Comments received from the following:
▪ Public member Hydrich
▪ Public member Litla
▪ Public member Jenna
▪ Public member Tester
▪ Public member Hanson
▪ Public member Jackson

RECESS TO CLOSED SESSION

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

RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 9:34 p.m. with Mayor Mekechuk, Councilmember Craig, Councilmember Ellahie and Vice Mayor Wolsheimer present. Councilmember Turner left the meeting at 9:32 p.m.

CLOSED SESSION REPORT
Mayor Mekechuk stated there was no reportable action.

ADJOURN
Mayor Mekechuk adjourned the meeting at approximately 9:35 p.m.

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

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated November 7, 2023 in the amount $239,529.36 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 this agenda and this report appear on the City's website
Attachments:
2023 11 07 Warrants List (revised)

CITY OF MONTE SERENO

REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:

November 7, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20556 Alana Consulting, LLC Building Official Hourly Services 6 weeks 09/25/2023 to 11/05/2023 ($9948) and e-Permit Development ($8970) 18,917.50 01-765 20557 BMI Imaging Systems Web Hosting - October 2023 225.00 01-715 20558 Cities Assn of Santa
Clara County
FY 2024 Membership dues - Cities Association of Santa Clara County 6,523.00 01-745
20559 Corodata Shredding Inc. Container rental fee 10.00 01-522 20560 Crystal Springs Water Co Bottled drinking water service for City Hall 14.25 01-710 20561 CSG Consultants, Inc Engineering services on project: 17795 Vineland Ave SB-9 PM 2,190.00 01-765 20562 Delta Dental of California Dental Insurance Premiums - November 2023 822.43 01-635 20563 Diana Perkins Reimbursement for FY 2024 membership dues - American Planning Association. 813.00 01-745
20564 Folger Graphics Bi-Annual Newsletter Fall 2023 - Qty 1457 print and postage 2,716.47 01-725 20565 Kevin C. Duggan Planning for and conducting Council/Manager/Staff working relationships workshop held on October 17, 2023 4,000.00 01-505 20566 League of California
Cities
League of California Cities - Peninsula Division Meeting attended by Javed Ellahie, Councilmember 75.00 01-505
20567 M-Group Housing Element update assistance 1,127.50 01-535 20568 Michele Kwong Reimbursement for staff to attend 2023 City Clerks New Law and Elections Seminar in San Diego, December 13-15, 2023 177.91 01-770 20569 Monsido, Inc. MO Platform - Legacy product through CivicPlus to maintain Monte Sereno Website. 4,196.00 01-811
20570 Pacific Gas & Electric Electricity services - City Hall ($975), Rose Andrews Ltg Dist ($49), Loma Serena Ltg Dist ($185) and MS City Lights ($200). 1,409.48 01-705
50-945
40-935
05-890
20571 RICOH USA, INC. Copier rental for City Hall 480.23 01-705 20572 Ridley Master Joseph Padgett case 2,115.00 01-427 1 of 2 Page 29 of 82

CITY OF MONTE SERENO

REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:

November 7, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20573 State Compensation Ins
Fund Workers' Compensation premium 481.05 01-642
20574 Town of Los Gatos
Finance Department
True-up Police Services billing for July, August and September 2023 at $5053/month. Previously invoiced at FY 2023 rates. 15,159.00 03-545 20575 Vision Service Plan (CA) Vision care insurance premiums 223.58 01-636 20576 Town of Los Gatos
Finance Department Police Services - October 2023 89,270.00 03-545 20577 Town of Los Gatos
Finance Department
FY 2022-23 COPS ELEAS Growth grant received 09-19-2023
and pass thru to Town of Los Gatos Finance Department 86,158.96 03-548 20578 Dicar Networks, Inc. Monthly Managed Service Total Care ($1325) and Microsoft Office & Datto Backup software licenses ($1099). 2,424.00 01-811 01-535 TOTAL WARRANT LIST $239,529.36

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 30 of 82

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Adoption 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 adopt Ordinance No. NS-239.

Background Information:

The attached Ordinance was introduced at a regular meeting of the City Council held on October 17, 2023 with the following vote: 5-0.

Public Noticing:

Notice of the scheduled adoption of this ordinance was placed in the Los Gatos Weekly on Friday, October 27, 2023. This meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.

Attachments:

1. Draft Ordinance No. NS-239

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.”

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.”

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.

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 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 7th day of November 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

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Adoption 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 adopt Ordinance No. NS-240.

Background Information:

The attached Ordinance was introduced at a regular meeting of the City Council held on October 17, 2023 with the following vote: 5-0.

Public Noticing:

Notice of the scheduled adoption of this ordinance was placed in the Los Gatos Weekly on Friday, October 27, 2023. This meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.

Attachments:

1. Draft Ordinance No. NS-240

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

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

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:

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.

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.

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.

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:

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.”

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.

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.

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:

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.”

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.

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 17th day of October 2023, and was adopted at a regular meeting of the City Council on the 7th day of November 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

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Sarah Chaffin, Facility Manager/Special Projects Department:

Title: Acceptance of the John Steinbeck Arroyo de Ajo Sign and $5000.00 to design and fabricate the display inside the Community Center Recommendation(s):

Staff recommends that the City Council accepts the gift of the John Steinbeck sign and $5000.00 from Joel and Dena Gambord.

Background Information:

The Gambords owned the former Steinbeck property and have the Arroyo de Ajo sign which was made by John Steinbeck. They want to make sure to preserve this piece of Monte Sereno history and display it for all residents of the city to see and appreciate.

Analysis:

Attached is the architect’s plan showing the proposed display case and the proposed location in the Community Center.

The Council can either accept this gift or reject it.

Fiscal Impact:

There will be no financial impact on the city.

Conclusion:

Staff recommends that the City Council accepts this gift.

Public Noticing:

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

Attachments:

Drafted Resolution

Arroyo Del Ajo Sign Case
Arroyo Del Ajo Sign

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO

AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF THE JOHN STEINBECK SIGN AND $5,000 FOR THE COMMUNITY CENTER

FROM JOEL AND DENA GAMBORD
WHEREAS, the City of Monte Sereno is in the process of building a Community Center; and
WHEREAS, former residents Joel and Dena Gambord have offered to donate a sign from the John Steinbeck home located in Monte Sereno to be displayed in the Community Center and $5,000 to be used on the design of the display; and WHEREAS, the Gambords donation is intended to preserve a piece of Monte Sereno history and display it for all residents of the City to see and appreciate; and WHEREAS, the City desires to accept the donation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monte Sereno hereby authorizes the City Manager to accept the donation of the John Steinbeck sign and $5,000 from Joel and Dena Gambord.

BE IT FURTHER RESOLVED that the City will display the John Steinbeck sign in the Community Center as shown on the attached Exhibit. The display will acknowledge the donation from the Gambords.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regularly scheduled meeting held on the 7th day of November, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

3'-6" 4'-0"
4'-0"
1'-0" 3'-0"
1'-0" 1'-11" 1'-0"
93/4" 1'-31/2"
93/4"

DONATION NOTE
2" 4"

THE MONTE SERENO COMMUNITY CENTER
SCALE: 1/2" = 1'-0"

ELEVATION
SCALE: 1/2" = 1'-0"

SECTION

ARROYO DEL AJO SIGN CASE

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Council Direction Concerning the City's Ongoing Membership in the Cities Association of Santa Clara County
Recommendation(s):

Council discussion regarding the continued status of the City of Monte Sereno as a member of the Cities Association of Santa Clara County.

Background Information:

The City of Monte Sereno has been a member of the Cities Association of Santa Clara County (CASCC) for many years. This organization was established to help provide for combined advocacy, organization, and shared knowledge and resources to aid in the work of membership cities. Below is an excerpt from the CASCC’s website about themselves:

The Cities Association of Santa Clara County is an association of the 15 cities of the county.

Since 1990, representatives from the 15 cities of Santa Clara County have been meeting monthly and collaborating on issues that affect each of us, striving to create a unified voice.

Analysis:

Although the City has appreciated the benefits that being a member of the CASCC has provided in the past, there have been certain actions that the organization has undertaken that have arisen that question CASACC positions that may/may not align with the philosophy of the Monte Sereno City Council including:
 The CASCC asked the City of Monte Sereno to pay a portion of the costs from an employment-based claim from its former Executive Director. As part of the settlement, it was requested by the Santa Clara County City Manager’s Association that CASCC clarify its' personnel rules so that cities do not take on the liability for the actions of individual CASCC members and their treatment of CASCC employees. To date, no adjustments have been made, and the current Director operates in the same manner as the previous director and thus potentially exposing the City of Monte Sereno to claims and lawsuits for situations created by other CASCC members.

 In Fiscal Year 2022, the overall budget for CASCC was $149,957. That budget was increased in 2023 to $281,401, with Monte Sereno's annual contribution remaining the same as 2022 at $6,523.
 The CASCC has pursued the formation of a Joint Powers Authority, which grants the Authority the ability to issue debt and purchase assets/property, something that is not typical of such associations and could result in legal liability for Monte Sereno.  The CASCC has taken formal positions and/or conducted policy work on many issues, including Racial Justice, Public Safety Reform, Hate Crimes Against the Asian American Pacific Islander Community, Santa Cruz/Santa Clara County Airport/Community Roundtable, Regional Housing Needs Allocation (RHNA) Subregion Taskforce, and the development of a Minimum Wage Policy. Should Monte Sereno (and other Cities) decide their own positions on these matters, those positions may be in direct conflict with the CASCC.
 Annual membership dues are not equitable for city populations. Monte Sereno pays almost the same dues as larger cities, yet the population is much lower.

At this time, the staff is of the opinion that such issues, which have surfaced in recent years, warrant a policy discussion to obtain Council’s direction if the City should remain in this association or if a separation is desired.

Fiscal Impact:

If Monte Sereno City Council were to direct the cancellation of the membership, there would be a cost saving in the City’s General Fund on an annual basis. The amount for Fiscal Year 2024 would be $6,523.

Alternatives:

1. Monte Sereno City Council may direct staff to remain a member of the CASCC and join the Joint Powers Authority

2. Monte Sereno City Council may choose to direct staff not to submit the membership renewal fee and resign its membership.

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:

CASCC Joint Powers Authority Overview

CASCC
Joint PowersAuthority
Overview
Presented by
Shali Sirkay, Executive Director, CASCC
JannieQuinn, Co‐Legal Counsel, CASCC
1 History of the CASCC
 Santa Clara County (SCC) is one of the few counties in California that has a large population (1.9 million) comprised of some of the smaller and larger cities in the state.
 The CASCC was formed in 1990 (and amended in 1995) to provide a collective voice for our county at the local, regional and state level.  Since its formation, CASCC has operated as a non‐governmental, unincorporated organization.
 CASCC continued to evolve and undertake projects of mutual interest and benefit to its members
 After consideration of various forms of legal structures, the CASCC Board of Directors voted unanimously selected a Joint PowersAuthority as the preferred structure inAugust 2020.
 A Joint PowersAuthority would address and clarify indemnification and liability, provide access to insurance and clarify the tax status of the organization
2

Examples ofWhatWe
Accomplished Collectively
 SiliconValley Clean Energy (SVCE) was created through a collaboration between CASCC member cities following an in‐ depth evaluation of the potential of Community Choice Energy.  The single‐use plastic bag ban ordinances passed by all 15 cities originated in the CASCC
 The Healthy Cities Dashboard came from a collaboration between the SCC Dept. of Public Health and CASCC.
 The Planning Collaborative has provided invaluable technical assistance to all of our cities for their Housing Elements.The depth and breadth of the technical assistance provided is more than what many of our cities are able to fund on their own. 3 Accomplishments (con’t)
 During the COVID‐19 pandemic, the work of the CASCC resulted in a stronger partnership with our County. In recognition of its solid work, the CASCC was awarded the President’s Medal for Exemplary Service during the COVID‐19 Pandemic by the SCC Board of Supervisors.
 Due to the ongoing efforts of our LegislativeAction Committee (LAC), CASCC is seen as an important and significant voice in policymaking. Legislators often elicit feedback and
endorsements from the CASCC, and look forward to speaking at our meetings.
4

What is a JPA (Joint Powers
Authority)?
 Joint Powers Authorities are legally created
entities that allow two or more public agencies
to jointly exercise common powers.
 The Joint Exercise of Powers Act, as codified in
CaliforniaGovernment Code section 6500,
governs Joint PowersAuthorities.
 The Act allows two or more public agencies to
form a separate legal entity. Forming a separate
legal entity can be beneficial because the debts,
liabilities and obligations of the JPA belong to
that entity, and not to the contracting parties.
5 What is a JPA
(con’t)
 The governing bodies of all the contracting public agencies must approve the agreement.
 To enter into a JPA, the public agencies must enter into an agreement.This agreement must state both the powers of the JPA and the manner in which it will be exercised.
 Only the contracting cities can approve the Joint Powers Agreement.Joint Powers Authorities must be registered with the State of California, but their authority and operations are governed by state law and rules of contract.
 Government Code requires accountability from JPAs, including regular audits.
6

Benefits of Forming a JPA
 Access to insurance which is not available to unincorporated entities
 Protection from liability for member agencies since the JPA will be a separate legal entity from the member agencies
 Clarification of tax status
 Enhance ability to apply for regional and statewide grants  Long term fiscal strategy that would help keep costs down while maximizing collaboration with external partners
 A structure that is familiar to the member agencies
7 Highlights of the Draft JPA
(Joint PowersAgreement)
 Final decisions rest with the Board of Directors. Undertaking new projects or participating in new programs will only happen through a vote of the Board.
 The authority of Executive Board (renamed the Executive Committee) has been modified and more oversight and authority has been provided to the entire Board.
 The Joint Powers Agency is not authorized to hire employees, acquire property, exercise eminent domain or impose taxes.  Professional Services are provided by independent contractors.  The Joint Powers Agency may not become a member of CalPERS.  The Joint Powers Agency  will continue to administer the City Selection Committee,  mandated byGov’t Code 50270 et seq. 8

Budget and
Membership Dues
 The budget process as currently set forth in the CASCC bylaws will not change.The yearly budget of the Joint Powers Agency will be developed using the same parameters as the current budget, namely the budget is an operational budget and will align with current CASCC finances, and therefore will not exceed those finances.
 The budget will not increase solely as a result of becoming a Joint Powers Agency
 Membership dues will continue to be based on the size of member cities.
 Should not all cities join the Joint Powers Agency, the dues of member agencies will not change; rather the Board will decide how to adjust the budget to align with CASCC's finances and priorities. 9 TheValue of Membership
in the CASCC
 A unified, collective voice to advocate for its member cities at the local, regional and state levels
 Equality of membership‐ one city one vote model
 Collective participation in projects (i.e. Nexus Study and Planning Collaborative) keeps costs down for individual members as opposed to undertaking such a project on their own  A forum for our councilmembers to learn from each other, as well as from highly‐regarded consultants and community
partners through various workshops and symposia on timely and important topics
10Page 60 of 82
Next Steps if the JPA is
Approved
 All member cities will sign JPA (joint powers agreement)  Dissolution of the unincorporated association
 Register  Joint Powers Agency with the Secretary of State  Draft new  bylaws by reviewing existing CASCC bylaws
 Prepare personnel policy handbook which would include policies that apply to the organization’s independent contractors and Board members
11 We respectfully ask that you
consider the JPA presented
before you and vote to approve
the CASCC JPA
Questions?
12Page 61 of 82

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consideration of Three (3) Applications and Appointment to Fill Two (2) Vacancies on the Monte Sereno Site and Architectural Commission Recommendation(s):

Staff recommends that the City Council appoint two (2) applicants to the fill two (2) vacancies on the Monte Sereno Site and Architectural Commission.

Background Information:

The Site and Architectural Commission Ordinance calls for a Commission consisting of five (5) members each serving a term of two (2) years. As of December 31, 2023, the term of two (2) positions on the Commission will expire. The new terms for the two (2) positions will commence on January 1, 2024 through December 31, 2025.

As a result of the City's recruitment, three (3) applications were received. One of the applicants is an incumbent. Below are the names of the applicants:
 Narayan Balasubramanian (incumbent)
 Donna Tam
 Kevin Evans
Fiscal Impact:

The is no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

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

Attachments:

Applications Recieved

City of Monte Sereno
Commission Application
Date Received: October 11, 2023
Applying for: Site and Architectural Commission
Name: Donna Tam
Length of Residency: 2
Previously Held Elected or
Appointed Governmental
Positions:

None
Civic or Charitable Organizations
You Have Belonged To:

San Jose Chamber Music Society 2017-2018/19?
Education: Cal Poly San Luis Obispo, Industrial Engineering Why do you want to be on the
selected Commission?:

I would like to participate in the decision making on the S+A Commission.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

I'm an engineering program manager by trade and now a realtor living in Monte Sereno and would like to help maintain and ensure that our neighborhood stays compliant with our goals.

Please list your current
commitments:

Realtor, mother of a 3 year old boy.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I'm detail oriented, responsible, trustworthy, and a go-getter with a can-do attitude.

What do you see as the
important issues in Monte
Sereno?:

It is important that we continue to keep our city informed of and compliant with new/upcoming builds and at the same time, drive new goals to ensure we continue to make progress.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I'm detail oriented, responsible, trustworthy, and a go-getter with a can-do attitude.

What is your understanding of
the City's General Plan?:

My understanding is that the City's General Plan encompasses the ongoing discussion and decision making on land use and development.

How do you view the role of the
Site and Architectural
I view the role of the Site and Architectural Commission as a resident directly responsible to discuss and help make decisions for the better good for land/site

Commission?: development within Monte Sereno.

Site and Architectural
Commission decisions rarely
involve a black and white issue.

There are usually several shades
of gray in making land use
decisions. Would you be willing
to put aside your personal land
use philosophy and design
preferences in order to reach
consensus, or would you prefer
to press on with your personal
convictions because you believe
that compromise might result in
a less than desirable outcome?:

I would be willing to put aside my personal land use philosophy and design preferences in order to reach consensus if needed.

Please describe, as concisely as
possible, your basic
philosophical position regarding
past, present, and future growth
within the City of Monte Sereno:

I'd like to continue to see the city of Monte Sereno to be residential only if possible and would like to continue to see the growth and mindful development of the city's land use.

City of Monte Sereno
Commission Application
Date Received: November 1, 2023
Applying for: Site and Architectural Commission
Name: Narayan Balasubramanian
Length of Residency: 12
Previously Held Elected or
Appointed Governmental
Positions:

Site and Architecture commission - 2022-2023
Civic or Charitable Organizations
You Have Belonged To:

Sheroes Tech - since 2013
Education: MS Clemson University Electrical Engineering 1996 Why do you want to be on the
selected Commission?:

I have volunteered on this commission for a total of 6 years. I have enjoyed the tenure. I love Monte Sereno and want the city to maintain its character.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

In addition to having already served on the commission, I bring a lot of management experience.l am a good team player and have the best interest of the city in my heart.

Please list your current
commitments:

Available to attend the meeting on Wednesday
What strengths do you possess
that you believe will make you a
successful commissioner?:

Good knowledge of the city and the Design guideline handbook What do you see as the
important issues in Monte
Sereno?:

Keeping the city green. Maintaining its character.

What strengths do you possess
that you believe will make you a
successful commissioner?:

Good knowledge of the city and the Design guideline handbook What is your understanding of
the City's General Plan?:

I have read the document that describes the general plan.

How do you view the role of the
Site and Architectural
To ensure that new developments are consistent with the existing buildings

Commission?:

Site and Architectural
Commission decisions rarely
involve a black and white issue.

There are usually several shades
of gray in making land use
decisions. Would you be willing
to put aside your personal land
use philosophy and design
preferences in order to reach
consensus, or would you prefer
to press on with your personal
convictions because you believe
that compromise might result in
a less than desirable outcome?:

I would put aside my personal opinions and approach the developments objectively.

Please describe, as concisely as
possible, your basic
philosophical position regarding
past, present, and future growth
within the City of Monte Sereno:

I understand the SB9 requirements. I respect the new building proposals brought forward by applicants and will work to find a solution that is in compliance with the laws and current architecture of Monte Sereno.

City of Monte Sereno
Commission Application
Date Received: November 2, 2023
Applying for: Site and Architectural Commission
Name: Kevin Evans
Length of Residency: 27 years
Previously Held Elected or
Appointed Governmental
Positions:

None
Civic or Charitable Organizations
You Have Belonged To:

None
Education: BA Economics & Management - Sonoma State University 1979 MBA International Finance - San Diego State University 1982 Why do you want to be on the
selected Commission?:

Having rebuilt my home 2004-06, it's important to "fit in" with your neighborhood. I enjoyed working with the SIte & Architecture Commission to balance my wants & desires with that of my neighbors.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

I have only worked with the commission during the planning phase of rebuilding my home. That said, I worked in the electricity business for 15 years.

Please list your current
commitments:

Enjoying my family and occasional travel.

What strengths do you possess
that you believe will make you a
successful commissioner?:

Setting achievable goals, managing expectations & getting things done.

What do you see as the
important issues in Monte
Sereno?:

Safety - Recent home burglaries have terrified our community. Achieving our Housing Element without building "cookie cutter" multi-family complexes.

Further developing the use of ADUs to provide lower cost affordable homes integrated into the community.

What strengths do you possess
that you believe will make you a
successful commissioner?:

Setting achievable goals, managing expectations & getting things done.

What is your understanding of I have reviewed the General Plan and support its Guiding Principles, Land Use and

the City's General Plan?: proposed Housing Element.

How do you view the role of the
Site and Architectural
Commission?:

To ensure that orderly development enhances the residential character of the community and supports the conservation of the natural environment.

Site and Architectural
Commission decisions rarely
involve a black and white issue.

There are usually several shades
of gray in making land use
decisions. Would you be willing
to put aside your personal land
use philosophy and design
preferences in order to reach
consensus, or would you prefer
to press on with your personal
convictions because you believe
that compromise might result in
a less than desirable outcome?:

I approach would to support the City's guiding principles, while exploring win/win solutions. Peoples homes are a great source of pride and often their most valuable asset, so maintenance and development issues can often be sensitive issues. That said, the objective is to blend individual's desires with that of the community.

Please describe, as concisely as
possible, your basic
philosophical position regarding
past, present, and future growth
within the City of Monte Sereno:

We have created a very special community of the last 60+ years. While we have limited vacant land and should look to expand the contiguous city limits through owner supported annexation. We should encourage vacant land residential development, and continue to encourage ADUs to increase lower cost housing.

Lastly, we should have a focus to attract young families to reinvigorate our aging community.

KEVIN R. EVANS
Silicon Valley, CA ◊ [email protected] ◊ (408) 832-6756 http://www.linkedin.com/in/evanskevinr

PROFESSIONAL EXPERIENCE
Strategic Energy & Technology Advisory, Principal 1/15-Present Provide Executive Management and Board of Directors with strategic guidance and market development solutions to discover intrinsic value, enhance operating efficiencies and accelerate innovation focused on turnarounds, restructurings/recapitalizations and divestitures. Clients to date include ChargePoint, Innogy, Google, Johnson Controls, and select Venture Capital and Private Equity backed portfolio companies.

Johnson Controls, Inc. VP/GM Integrated Demand Resources 7/11 - 12/14 EnergyConnect Group, Inc. (acquired by Johnson Controls in 2011) 1/09 - 6/11 President and Chief Executive Officer, Board Director
Johnson Controls is a global diversified technology and industrial leader with revenues $40B+ and serving customers in more than 150 countries. Integrated Demand Resources (formerly EnergyConnect Group, Inc. OTCBB:ECNG) a leading provider of automated Demand Response technologies and services for commercial, institutional and industrial consumers to enhance the grid’s efficiency and reliability.

Electric Power Research Institute, Inc.

SVP/Chief Business Officer 7/03 - 7/08
Electric Power Research Institute (EPRI) is a global industry collaborative organization with 750+ employees to sponsor and conduct scientific research, development and demonstration of technology for electricity production, transmission and distribution to enable clean, safe, reliable, efficient electricity.

PlaceWare, Inc. (acquired by Microsoft) VP/GM & CFO 11/99 - 6/03 PlaceWare was recognized as the 4th fastest growing company in Silicon Valley with revenues of $4M in 1999 growing to over $50M in 2002. Microsoft acquired the company in April 2003 for $200M to serve as the platform for their Real-time Collaboration Group (LiveMeeting).

Sequel, Inc. (acquired by Flextronics) V.P. Ops and CFO, Board Director 1/98 - 6/99 Sequel, Inc. was formed out of a Management Buyout of Memorex’s disk drive business and was acquired with private equity funding from ABS Capital and Norwest Equity Partners. The operations had 800 employees and were located in San Jose CA, Memphis TN, London, Tokyo and Taipei.

Madge Networks, N.V., CFO & CAO, Interlocking Director 12/95 - 12/97 Madge Networks (NASDAQ:MADGF) developed and manufactured ATM, Ethernet, ISDN and Token Ring networking technology. The company consisted of 44 operating entities in 37 countries with regional business centres located in Hong Kong, London, San Jose, Tel Aviv and Tokyo and revenues of $485M.

Merisel, Inc. 5/90 - 11/95
Merisel (NASDAQ:MSEL) operated 10 international subsidiaries, 33 sales offices and 19 distribution centres serving the U.S., Canada, Europe, Latin America, and the Pacific Rim. The business experienced hyper-growth from 1990-1995, a 65% CAGR with revenues exceeding $6B.

Vice President Finance, Merisel Europe, London, England 3/93 - 11/95 Vice President, Treasurer and Assistant Secretary 5/90 - 3/93

Kevin R. Evans Page 2
Kerr Glass Corp., Treasurer 5/89 - 5/90
Kerr was a publicly traded (NYSE:KGC) glass, metal and plastic container manufacturer for the food, beverage and cosmetics industries.

Wells Fargo Bank, N.A. 9/84 - 5/89
Vice President, Corporate Banking Group, Leverage Buyout Team 4/87 - 5/89 AVP, Planning, Control & Analysis & Treasurer ATC 8 9/84 - 4/87 ARA Services, Inc., Assistant Controller 9/82 - 9/84

BOARD OF DIRECTORS EXPERIENCE
President & CEO, Board Member, Express Plus Group, LLC 3/17 - 1/18 (ChargePoint, Inc. wholly owned subsidiary)
Board Director Blink Charging Co. (OTC: CCGI) 10/16 – 12/16 Board Director Filtration Dynamics, Inc. (start-up) 4/11 - 1/13 Board Director EnergyConnect Group, Inc. (OTCBB: ECNG) 1/09 - 6/11 Board Director Versa Power Systems, Inc. (SOFC joint venture) 8/04 - 7/08 Chairman of Electric Power Research Institute’s (for-profit subsidiaries) 7/03 - 7/08 Chairman of PlaceWare’s (wholly owned subsidiary Envoy i-Con) 6/00 - 6/03 Board Director Sequel, Inc. (private equity funded company) 1/98 - 6/99 Interlocking Director of Madge Networks’ (subsidiaries & JVs) 12/95 - 12/97 Board Director of Merisel’s (wholly owned International subsidiaries) 5/90 - 8/95 Director/Treasurer for WFB’s (special purpose subsidiary ATC8) 8/85 - 4/87

EDUCATION
San Diego State University, San Diego, CA
Master’s Business Administration, Finance – 6/82
Sonoma State University, Rohnert Park, CA
Dual Baccalaureate Economics and Management – 6/79

From: Lionel Allan
To: Bryan Mekechuk; Evert Wolsheimer; Rowena Turner; Javed Ellahie; Burton Craig Cc: Steve Leonardis; Gloisy Gonzalez-Langarica; Diana Perkins Subject: Donna Tam for S&A Commissioner
Date: Sunday, November 5, 2023 7:34:56 AM
Dear Council
May I respectfully suggest Donna Tam for one of the two open positions on the S&A Commission?
Donna Tam is a smart, energetic person who works well with others. As a former S&A Commissioner myself, I see in Donna Tam the attributes to be a very productive Commissioner.

Lon Allan

STAFF REPORT
Meeting: City Council - Nov 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consideration of Three (3) Applications and Appointment to Fill Three (3) Vacancies on the Monte Sereno Better Streets Commission Recommendation(s):

Staff recommends the City Council appoint three (3) applicants who applied for the Better Streets Commission to fill three (3) vacancies on the Monte Sereno Better Streets Commission.

Background Information:

On October 17, 2017, the City Council took action to form the Better Streets Commission for the purpose of advising the City Manager on design, operations, and maintenance of the City’s street system and identifying and advising on integrated, coordinated, environmentally sustainable and economically efficient street rehabilitation solutions that address the multiple street system demands such as underground utilities, street trees, stormwater management and contamination runoff issues. The Ordinance establishing the Commission specified that the Commission consist of five (5) members of the public selected by a majority of the City Council and one (1) member of the Youth Commission to serve on the Commission as an Ex Officio member. The term for three (3) seats on the Commission will expire on December 31, 2025.

As a result of the City's recruitment to fill the seats, applications were received from three (3) qualified residents:
 Barry Chaffin (incumbent)
 Omar Billawala (incumbent)
 Steve White
Fiscal Impact:

There are no unbudgeted fiscal impacts with this staff report.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report

appear on the City’s website. In addition, recruitment notices were posted on the City website, sent to our e-mail distribution list, and posted on the Nextdoor social media website.

Attachments:

Application Recieved

City of Monte Sereno
Commission Application
Date Received: November 1, 2023
Applying for: Better Streets Commission
Name: Barry Chaffin
Length of Residency: 28
Previously Held Elected or
Appointed Governmental
Positions:

Monte Sereno Rep to VTA and County BPACs 2014-present
MidPen Open Space District - trail patrol 2013-present
San Francisco Water District - protected land docent 2015-present Civic or Charitable Organizations
You Have Belonged To:

Boy Scouts of America - Assistant Scoutmaster 2004-2016 Saratoga Music Boosters - Equipment Logistics 2010-2016 Almaden Cycle Touring Club 2002-present
Western Wheelers Bicycle Club 2001-present
Education: Michigan State University - BSEE - 1984
Santa Clara University - MSEE - 1989
Harvard Business School - MBA - 1994
Why do you want to be on the
selected Commission?:

I'd like to give back to the community where I live and raised my children. I'm passionate about bicycling and walking, and I want to make these activities safer and more enjoyable for all. I feel this role would allow me to better represent Monte Sereno's interests with the VTA & county as well as bring information back to the commission
Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

I volunteered to represent Monte Sereno on the VTA BPAC. During my tenure I've learned a great deal about solving bicycle & pedestrian issues. Because of the synergies, it's standard practice for the VTA rep to also be a member of a local bicycle-related commission. I also belong to several local bike clubs where I am a regular ride leader and I am a frequent pedestrian throughout Monte Sereno.

Please list your current
commitments:

Monthly VTA BPAC meeting first or second Wednesday of the month. Frequent travel.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I'm already involved in working with governmental agencies to make our local streets better. I have working relationships with representatives from most nearby cities, the VTA & the county. I frequently attend the Los Gatos Better Streets meeting and have a working relationship with the current chair. Work experience in management, marketing and engineering.

What do you see as the
important issues in Monte
Obtaining our fair share of Measure B money to make improvements. Cutthrough traffic including additional impact by Los Gatos traffic diversions.

Sereno?: Pedestrian and bicycle safety on highway 9. Improved safe routes to school.

Encouraging walking and cycling for better community health and the environment.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I'm already involved in working with governmental agencies to make our local streets better. I have working relationships with representatives from most nearby cities, the VTA & the county. I frequently attend the Los Gatos Better Streets meeting and have a working relationship with the current chair. Work experience in management, marketing and engineering.

Tell us about your background,
experience and/or interest in
traffic, bicycle, and pedestrian
safety, street standards, storm
water management, or
sustainable infrastructure that
you feel would assist us in
considering your application:

I feel this question was answered in previous responses.

What do you see as important
streets or traffic-related issues in
Monte Sereno?:

I feel this question was answered in previous responses.

City of Monte Sereno
Commission Application
Date Received: October 19, 2023
Applying for: Better Streets Commission
Name: Omar Billawala
Previously Held Elected or
Appointed Governmental
Positions:

Better Streets Commission
Monte Sereno Vision Committee
Civic or Charitable Organizations
You Have Belonged To:

Please include organization name, position/office held, and dates.

Education: U.C. Berkeley -- BA Math, BA Computer Science 1981 Stanford -- MS Operations Research 1985
Santa Clara University -- JD 1996, MBA 1997
West Valley College -- AA Economics 2022
Why do you want to be on the
selected Commission?:

I am interested in our streets and walkability in the City.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

I am a good problem solver.

Please list your current
commitments:

Work, Family
What strengths do you possess
that you believe will make you a
successful commissioner?:

I am a good problem solver.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I am a good problem solver.

Tell us about your background,
experience and/or interest in
traffic, bicycle, and pedestrian
safety, street standards, storm
water management, or
sustainable infrastructure that
you feel would assist us in
considering your application:

I have experience living in the "boondocks" of Monte Sereno--the area off of Bicknell Road that is not "contiguous" (at least from a walking- or bicycling-safely perspective) with the rest of Monte Sereno.

What do you see as important
streets or traffic-related issues in
Monte Sereno?:

Street maintenance, walkability, summer beach traffic

City of Monte Sereno
Commission Application
Date Received: November 3, 2023
Applying for: Better Streets Commission
Name: Steven White
Length of Residency: 22 years
Previously Held Elected or
Appointed Governmental
Positions:

Community Center Committee Member 2023 to present
Site & Architecture Commission 2018 to present including two terms as Chairperson.

Monte Sereno Commissioner on Saratoga Library Commission 2018-2021 Civic or Charitable Organizations
You Have Belonged To:

LGLL - various offices on Board of Directors
LGUSL - various offices on Board of Directors
Education: BA UC Santa Barbara 1989
JD Santa Clara School of Law 1992
Why do you want to be on the
selected Commission?:

I would like to assist the City Council with administration and improvements of City streets and infrastructure.

Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:

I have volunteered on multiple Commissions for the City of Monte Sereno in the last 5 years, and would like to continue to serve the community in which my family resides. Working on the Better Streets Commission will expose to me more circumstances where I may be able to benefit the City and its residents.

Please list your current
commitments:

Law Practice in San Jose.

Community Center Committee
What strengths do you possess
that you believe will make you a
successful commissioner?:

I am familiar with City staff and have successfully worked on prior Commissions.

What strengths do you possess
that you believe will make you a
successful commissioner?:

I am familiar with City staff and have successfully worked on prior Commissions.

Tell us about your background,
experience and/or interest in
traffic, bicycle, and pedestrian
safety, street standards, storm
water management, or
sustainable infrastructure that
you feel would assist us in
I have litigated a number of traffic, bicycle and pedestrian incidents. I am familiar with new laws adding residential improvements in our community without any requirement to upgrade infrastructure and want to help the City plan for the added stress on those systems, e.g., ADU/LADU, SB9 lot splits, etc.

considering your application:

What do you see as important
streets or traffic-related issues in
Monte Sereno?:

Safety of residents and investment in infrstructure.

MS Council Report Mekechuk 23 11 06 Page 1

COMMITTEE AND COMMISSION REPORTS

MAYOR BRYAN MEKECHUK
11/06/23
Sundry Meetings
▪ Attended:
– Opening of West Valley College Visual Arts Building on 10/27/23 – Ribbon cutting for Yellow Pine Solar + Storage project on 11/01/23 in Nevada ▪ Hosted Cub Scout Pack 556 on 10/19/23 in Council Chambers Silicon Valley Clean Energy
Director
▪ Last meeting was on 10/11/23
– Due to my White House tour, Alternate Burton Craig attended in my absence ▪ Next monthly meeting is Wednesday, 11/08/23, in Cupertino Chair, Audit Committee
▪ Next meeting is in January/February 2024
– Last meeting was on 09/19/23 at SVCE’s offices in Sunnyvale Vice Chair, Executive Committee
▪ Last meeting was in person on 10/27/23
– Reviewed materials for upcoming Board meeting
▪ Next meeting is Monday, 11/27/23 at SVCE’s offices in Sunnyvale – This is combined November/December meeting
Member, Legislative Ad Hoc Committee
▪ Last meeting was on 10/30/23
– Reviewed Legislative Action Plan, which will be recommended for Board approval on 11/08/23 ▪ Next meeting is TBD
Risk Oversight Committee
▪ Met on 10/25/23 to review SVCE’s operations
– Also attended special meeting on 10/30/23 to review a 15 year Power Purchase Agreement ▪ Next monthly meeting is TBD
West Valley Clean Water Management Authority
Chair
▪ Next meeting is Thursday, 02/01/24 at Monte Sereno City Hall at 4:00 pm ▪ Last met on 11/02/23
– Received and filed FY2022-23 Annual Report to the San Francisco Regional Water Quality Control Board
– Closed session evaluation of Management Authority Executive Director

MS Council Report Mekechuk 23 11 06 Page 2
West Valley Solid Waste Management Authority
Chair
▪ Next meeting is Thursday, 02/01/24 at Monte Sereno City Hall at 5:00 pm ▪ Last met on 11/02/23
– Closed session evaluations of Authority Executive Director and Counsel – Received a presentation summarizing the Authority’s SB 1383 education and enforcement program beginning January 1, 2024
– Approved a resolution authorizing the Authority Executive Director to enter into a maximum of 10 C&D collection contractor non-exclusive agreements and terms and conditions with any processing facilities with third party certifications
– Received an Executive Director’s report presenting the Authority’s new logo and brand book Recycling and Solid Waste Reduction Commission
Member
▪ Last meeting was 10/25/23 at 5:30 pm (meets on fourth Friday of even numbered months) – Attended remotely from City Hall Chambers
▪ Next meeting is TBD
Valley Transportation Authority
Member, Policy Advisory Committee
▪ Could not attend last monthly meeting on 10/12/23 in person ▪ Next monthly meeting is Thursday 11/09/23 at 4:00 pm
– Plan to attend in person
West Valley Mayors & Managers
▪ Last meeting was on 10/28/23 in Los Gatos
– He believes that it was easier for the group to target Saratoga because their Council meetings are on Wednesdays
▪ Next meeting is 11/29/23
– Vice Mayor Wolsheimer is invited to that meeting
Santa Clara County Mayors Gathering
Matt Mahan Mayor of San Jose
▪ Third Santa Clara County Mayors Gathering was on 11/03/23 from 12:00 noon to 3:00 pm in San Jose City Hall
– In partnership with the US Conference of Mayors
– Covered emerging national issues as well as opportunities for regional collaborations ▪ This was my last meeting as part of this group
Cities Selection Committee
Vice Chair
▪ Next meeting TBD in 2024

MS Council Report Mekechuk 23 11 06 Page 3
Association of Bay Area Governments (ABAG)
Delegate Monte Sereno
▪ Annual General Assembly met on 06/16/23 in San Francisco – Approved budget, proposed dues and workplan for 2023
City of Monte Sereno
Liaison – Better Streets Commission
▪ Next meeting is 12/14/23
Community Center Committee
▪ Met on 11/02/23 at 9:00 am at City Hall
▪ Set meeting dates for November 2023 through June 2024 – Was elected Chair and Allison Zeidler elected Vice Chair ▪ Next meeting is 11/16/23 at 9:00 am in Chambers
S-Curve Ad Hoc Committee
▪ Next meeting TBD
Youth Commission – Alternate
▪ Next meeting is 11/14/23 at 7:00 pm
Finance Ad Hoc Committee
▪ Next meeting TBD
IT Ad Hoc Committee
▪ Met with Burton Craig on Sunday, 11/05/23 at the Community Center to discuss networking requirements