AGENDA
City of Monte Sereno
Tuesday, June 18, 2024
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Approve the Minutes of the June 4, 2024 Regular City Council Meeting Staff recommends approval of the Minutes of the June 4, 2024 Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
6 - 12
2. Approve Warrant List Dated June 18, 2024 in the amount $160,155.63 Staff recommends the City Council approve the Warrant List Staff Report - SR-24-124 - Pdf
13 - 15
3. Adopt A Resolution Calling A Municipal Election To Be Held On Tuesday, November 5, 2024, And Requesting Consolidation And Performance Of Services From The County Of Santa Clara Registrar Of Voters
Staff recommends that the City Council adopt a resolution ordering and calling a General Municipal Election to be held in the City of Monte Sereno on November 5, 2024 and requesting the consolidation and performance of services from the County of Santa Clara Registrar of Voters.
16 - 19
Staff Report - SR-24-098 - Pdf
4. Approve Resolution Amending the Silicon Valley Animal Control Authority Joint Powers Agreement to Add the Town of Los Gatos as a Member
Staff recommends the City Council adopt a Resolution amending the Silicon Valley Animal Control Authority Joint Powers Agreement to Add the Town of Los Gatos as a Member.
Staff Report - SR-24-120 - Pdf
20 - 45
5. Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2024-2025
Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2024-2025.
Staff Report - SR-24-119 - Pdf
46 - 55
6. Financial Policy Revision(s)
Staff recommends the Monte Sereno City Council consider adoption of financial policy revision(s) to the current financial policies established in 2020.
Staff Report - SR-24-118 - Pdf
56 - 63
PUBLIC HEARINGS
7. Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2024 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement.
Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2024 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement.
Staff Report - SR-24-116 - Pdf
64 - 74
UNFINISHED BUSINESS
NEW BUSINESS
8. Consideration and Appointment of a Resident as a Monte Sereno Representative on the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee
Staff recommends that the City Council consider and appoint a resident as a Monte Sereno representative on the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee.
Staff Report - SR-24-117 - Pdf
75 - 84
9. Consider and Approve Fiscal Year 2024 - 2026 Operating and Capital Budget and Adopt a Resolution Adopting the Proposed Fiscal Year 85 - 181
2024-
2026 Operating and Capital Budget.
Staff recommends that the City Council consider and approve the FY 2024-2026 Operating and Capital Budget and adopt a resolution adopting the Proposed FY 2024-2026 Operating and Capital Budget.
Staff Report - SR-24-123 - Pdf
Public Comments Received
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.
Craig
Monte Sereno Youth Commission
Santa Clara County Library JPA
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association - Cities Selection Committee
Turner
West Valley Sanitation District
Wolsheimer
Silicon Valley Animal Control Authority
Santa Clara Valley Water District Commission
Association of Bay Area Governments
League of California Cities Peninsula Division
West Valley Mayors & Managers
Mayors of Santa Clara County
Mekechuk
Valley Transportation Authority Policy Advisory Committee West Valley Clean Water Authority
West Valley Solid Waste Management Authority
Silicon Valley Clean Energy Authority
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
RECESS TO CLOSED SESSION
10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9
Case Name: Padgett v. Curtis Wright, et al. - United States District Court, Northern District of California- San Jose Division Case No.: 5:04-cv-03946
Staff Present: City Attorney, City Manager
11. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
Staff Present: City Manager, City Attorney
RECONVENE TO OPEN SESSION
CLOSED SESSION REPORT
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the June 4, 2024 Regular City Council Meeting Recommendation(s):
Staff recommends approval of the Minutes of the June 4, 2024 Regular City Council Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
06-04-24 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
June 4, 2024
MEETING CALLED TO ORDER
At approximately 7:01 p.m., Mayor Wolsheimer called the meeting to order.
PLEDGE OF ALLEGIANCE
FireSafe Council CEO, Seth Schalet, lead the Pledge of Allegiance.
ROLL CALL
Present – Chambers: Councilmember Turner, Councilmember Ellahie, Councilmember Mekechuk, Vice Mayor Craig and Mayor Wolsheimer
Present – Remote: None
Absent: None
Staff: City Engineer/Public Works Director Jordan, City Clerk GonzalezLangarica, Finance Officer Samoranos, City Manager Leonardis, City Attorney Powell
Staff – Remote: None
ORDERS OF THE DAY
Mayor Wolsheimer requested to move Oral Communications right after Orders of the Day and reopen it after today’s presentation.
Council agreed.
ORAL COMMUNICATIONS
Patrick Kearns expressed gratitude to the City of Monte Sereno for supporting the volunteer organization WRATES - Water Rate Advocates for Transparency, Equity and Sustainability. He shared in front of Council this evening, requesting that citizens address the Commissioner and Administrative Law Judge in a public participation hearing happening on June 13, 2024, so that the CPU (Public Utilities Commission) can gather opinions about a request from San Jose Water Company to increase their water rates.
ANNOUNCEMENTS
Councilmember Ellahie shared the Cities Association is hosting their Annual Summer Membership Event on June 6th and would like all Council to attend as it is in collaboration with El Camino Heatlh on mental health and how to help address mental health in communities.
PRESENTATIONS
1. Santa Clara County FireSafe Council presentation by FireSafe Council CEO Schalet and FireSafe Council Program Director Cannon.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
2. Approve the Minutes of the May 7, 2024 and May 21, 2024 Regular City Council Meeting
3. Approve Warrant List Dated June 4, 2024 in the amount $135,125.44
4. Consideration of the Approval of an Updated Fee Schedule for User and Regulatory Fees
5. Review and Accept Biennial Review of the City of Monte Sereno's Conflict of Interest Code
6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by SB 1: The Road Repair and Accountability Act of 2017
Councilmember Ellahie pulled Item #4 and Item #6.
Mayor Wolsheimer opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Mekechuk to approve Items #2 and #5 on the Consent Calendar. Seconded by Vice Mayor Craig.
VOTE: Motion passed. (5-0-0)
MOTION: Motion by Vice Mayor Craig to approve Item #3 on the Consent Calendar.
Seconded by Councilmember Ellahie.
VOTE: Motion passed. (4-0-1- Abstain: Mekechuk)
4. Consideration of the Approval of an Updated Fee Schedule for User and Regulatory Fees City Planner Perkins provided a staff report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Ellahie to Adopt a Resolution to Update the Fee Schedule for User and Regulatory Fees. Seconded by Council Mekechuk.
VOTE: Motion passed. (5-0-0)
6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by SB 1: The Road Repair and Accountability Act of 2017
City Engineer/Public Works Director Jordan provided a staff report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Turner to Adopt a Resolution to Adopt the List of City Projects to be Funded in Fiscal Year (FY) 2024/25 by SB 1: the Road Repair and Accountability Act of 2017. Seconded by Councilmember Mekechuk.
VOTE: Motion passed. (5-0-0)
PUBLIC HEARING
None.
City Manager Leonardis suggested the Council move up Item #10 in consideration of Auditor Alvey’s time.
Council agreed.
NEW BUSINESS
10. Consider and Accept the Fiscal Year 2022-2023 Audit Report Auditor Alvey provided a report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Vice Mayor Craig to Accept the Fiscal Year 2022-2023 Audit Report. Seconded by Mayor Wolsheimer.
VOTE: Motion failed. (2-0-3 Abstain: Mekechuk, Ellahie, Turner) MOTION: Motion by Vice Mayor to Accept the Fiscal Year 2022-2023 Audit Report to understand where the deficiencies are and go forth and fix them. Seconded by Councilmember Turner.
VOTE: Motion passed. (4-0-1 Abstain: Mekechuk)
City Manager Leonardis suggested a brief recess before proceeding with the meeting.
UNFINISHED BUSINESS
7. Study Session #2 - Fiscal Year 2024 to 2026 Proposed Budget Finance Officer Samoranos provided a staff report and answered questions from the Council.
Discussion was held on the proposed Fiscal Year 2024-2026 Budget.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor
Wolsheimer closed Public Comment.
NEW BUSINESS
8. Consider and Appoint Members to the 2024-2025 Monte Sereno Youth Commission City Clerk Gonzalez-Langarica was available for questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Turner to Appoint the 5 Applicants to the 2024- 2025 Monte Sereno Youth Commission. Seconded by Vice Mayor Craig.
VOTE: Motion passed. (5-0-0)
9. Consider and Confirm the 2024 Monte Sereno Social Justice Award Winner Selected by the Monte Sereno Youth Commission
City Manager Leonardis provided a staff report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Vice Mayor Craig to confirm the selection of the 2024 Monte Sereno Social Justice award winner selected by the Monte Sereno Youth Commission at their May 28, 2024 special meeting. Seconded by Councilmember Turner.
VOTE: Motion passed. (5-0-0)
10. Consider Resolution Setting Appropriation Limits for Fiscal Year 2024-25 City Manager Leonardis provided a staff report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Vice Mayor Craig to Adopt a resolution setting the Appropriations Limit for Fiscal Year 2024-2025 based upon the Price Factor and Population data provided by the State of California Department of Finance. Seconded by Councilmember Turner.
VOTE: Motion passed. (5-0-1)
COMMITTEE/COMMISSION REPORTS
Vice Mayor Craig stated nothing to report.
Councilmember Ellahie stated nothing to report.
Councilmember Turner reported San Jose/Santa Clara Sewer Treatment Plant TPAC operation increased their operating budget by 11.7%. The burden of this increase would fall on the residents
of Monte Sereno, Los Gatos, Saratoga, members of the West Valley Sanitation District. However, WVSD is not raising rates this year and will absorb the cost to shield rate payers of Monte Sereno from TPAC’s cost increases.
Councilmember Mekechuk reported that the meeting for next week with the Valley Transportation Authority Advisory Committee can been canceled. West Valley Clean Water Authority is considering changing its name and that is in motion now. West Valley Solid Waste Management Authority had a recommended increase in rates that will be going onto two bills that are coming out in July. Silicon Valley Clean Energy Authority is scheduled to meet next week, and Councilmember Mekechuk will be attending remotely.
Mayor Wolsheimer reported on Silicon Valley Animal Control Authority and how everything is set for Los Gatos to join the organization. There will be an update on the JPA and presented at the next City Council meeting, as all five cities will be taking this to their Councils for approval. Mayor Wolsheimer shared that he and City Manager Leonardis attended the League of California Cities a few weeks ago and the main topic was a $20 billion bond that the League wants to issue for affordable housing.
COUNCILMEMBER COMMENTS
Councilmember Turner shared that Monte Sereno resident, Tracey Enfantino, and chair of the Silicon Valley Business PAC--the leading group advocating for local small and medium businesses--is supporting the Doan/Batra city homelessness audit.
Councilmember Mekechuk shared that the Finance Ad Hoc Committee will be having a meeting.
CITY MANAGER’S REPORT
City Manager Leonardis reported that there were a couple new speed bumps installed on Daves Avenue and they seem to be working well. City Manager Leonardis also shared that the Cities Association dropped off a couple of signs for a new 988 Mental Health phone line. The public is welcome to come and request a sign.
FUTURE AGENDA ITEMS
Mayor Wolsheimer would like the Animal Control JPA agreement reviewed at the next city council meeting.
The Council would like to see the Finance Policy brought to the next city council meeting for review.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Public Comment was closed. The City Council adjourned to Closed Session at approximately 11:33 p.m.
RECESS TO CLOSED SESSION
12. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Government Code Section 54956.9
Case Name: Padgett v. Curtis Wright, et al. - United States District Court, Northern District of California - San Jose Division
Case No.: 5:04-cv-03946
Staff Present: City Attorney Powell, City Manager Leonardis
13. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager Leonardis
Staff Present: City Manager Leonardis, City Attorney Powell
RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 11:50 p.m. with Mayor Wolsheimer, Vice Mayor Craig, Councilmember Mekechuk, Councilmember Turner and Councilmember Ellahie present
CLOSED SESSION REPORT
Mayor Wolsheimer stated that there were no reportable actions.
ADJOURN
Mayor Wolsheimer adjourned the meeting at approximately 11:51 p.m.
Evert Wolsheimer, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated June 18, 2024 in the amount $160,155.63 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:
2024 06 18 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
June 18, 2024
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20868 Prime Tree Care, Inc.
Clear brush both sides of Hwy 9 including Hwy Center; City Hall to Firestation including center island, part of Daves Ave selected areas, Quito to Austin Way.
14,275.00 05-870
20869 Alana Consulting, LLC Plan Check Services (03/27/2024 to 06/15/2024) 35,524.67 01-765 20870 Apex Asphalt Paving Daves Avenue Project - Speed Humps Installation 11,940.00 05-870 20871 Apex Asphalt Paving Daves Ave Project - Speed Hump Striping Traffic Paint 6,570.00 05-870 20872 BMI Imaging Systems Web Hosting - May 2024 225.00 01-715 20873 Century Graphics Hanes Uniform Safety Orange for Staff 234.01 01-710 20874 COMCAST Internet services for City Hall 201.67 01-720 20875 Corodata Records
Management Inc
Standard record Storage Carton, Blueprint Tube Carton and Plan Carton 60.42 01-710
20876 Crystal Springs Water Co Drinking water dispenser rental 8.00 01-710 20877 D&M Traffic Services Street signs 463.12 05-870
20878 Delta Dental of California Dental insurance premiums 822.43 01-635 20879 DocuSign Inc lockbox eSignature Business Pro license 3,312.00 01-811 20880 Frontier Communications Landline for City Hall 59.20 01-720 20881 Heidi's Commercial
Cleaning Cleaning Services at City Hall 750.00 01-860
20882 Logan & Powell, LLP
Padgett v Curtis Wright case ($1.2k); Calhoun v. City of Monte Sereno ($0.5k) and City Attorney (Addn hours for City Attorney Retainer ($10.8k)
12,512.50 01-425
01-427
20883 Michele Kwong CAPIO Conference May 13-17, 2024 - Training 1,826.37 01-770 20884 MissionSquare - 301546 457 Plan Funding - May 15, 2024 pay cycle. 1,373.88 01-660 149
20885 Pacific Gas & Electric Electricity service for Rose Andrews Lighting District ($53) 52.51 50-945 20886 RICOH USA, INC. Black/White and Color copies on Copier (3/2024 to 5/2024) 455.98 01-725 1 of 2 Page 14 of 181
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
June 18, 2024
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20887 Rowena Turner Mileage Reimbursement for TPAC Meetings, HKETO, and Police Event ($107) 107.20 01-505
20888 San Jose Water Water Service for City Hall ($171) and Water service for Annex Building ($262) 432.29 01-705
20889 Santa Clara County
Vector Cont Mosquito and Vector Disease Controll Assessment 22.55 01-860 20890 State Compensation Ins
Fund Workers' Comp Insurance premium 822.86 01-642
20891 Virtual Project Manager Capital improvement software systems management - June 2024 1,000.00 12-845
20892 Vision Service Plan (CA) Vision Insurance premiums for two months 520.74 01-636 20893 MissionSquare - 301546 457 Plan Funding - May 31, 2024 pay cycle. 1,373.88 01-660 149
20894 Town of Los Gatos
Finance Department FY2023-24 COPS Jan 2024 ELEAS pass thru grant 8,333.33 03-548 20895 Wells Fargo Bank
Office Supplies ($217); Phone Service ($317); Zoom ($87); Fuel for City Truck ($444); Lunch Mtg ($335); FSP ICC Penninsula Chapter dues ($150); Software licenses ($380); Traffic safety signs ($1480) and City Hall maintenance supplies ($309) 3,718.97
01-710
01-740
01-745
01-811
05-870
01-860
20896 Massei Construction Refund Permit Fees - Permit #2019-6024 - 18792 Withey Rd 3,157.00 01-236 20897 Town of Los Gatos
Finance Department FY2023-24 COPS Feb 2024 ELEAS pass thru grant 44,659.15 03-548 20898 Town of Los Gatos
Finance Department FY2023-24 COPS Mar 2024 ELEAS pass thru grant 5,340.90 03-548 TOTAL WARRANT LIST $160,155.63
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 15 of 181
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Adopt A Resolution Calling A Municipal Election To Be Held On Tuesday, November 5, 2024, And Requesting Consolidation And Performance Of Services From The County Of Santa Clara Registrar Of Voters Recommendation(s):
Staff recommends that the City Council adopt a resolution ordering and calling a General Municipal Election to be held in the City of Monte Sereno on November 5, 2024 and requesting the consolidation and performance of services from the County of Santa Clara Registrar of Voters.
Background Information:
In order for the City to consolidate with the Santa Clara County Registrar of Voters Office and request election services, the Monte Sereno City Council must adopt a resolution requesting such services and specifying the manner in which those election services shall be administered. The attached resolution provides this direction for the General Municipal portion of the election only.
Most election matters are regulated by the California Elections Code. However one of the items which is left to the discretion of the City Council is levying, waiving, or subsidizing the cost of the optional Candidate Statement. The Candidate Statement is an optional 200 word paragraph that a candidate may choose to have printed in the County's election guide. It is most commonly used to express the candidate's position on matters of the community interest and provide background information and qualifications of the candidate for the office which they seek. The estimated cost of the candidate statement for the November 5, 2024 election is $3,150.00. With the exception of one election, the City Council historically has chosen to charge the full cost of candidate statements to the candidates seeking office. Staff recommends that the cost of the optional candidate statement be charged in full to the candidate.
Fiscal Impact:
Should the City Council decide to either bear the full cost of the Candidate Statement of subsidize a portion of the cost, the fiscal impact would be equal to the subsidy amount or the number of candidates multiplied by up to $3,150.00 which is the estimate provided by the Registrar of Voters as of this report's publication. It is important to note that the Registrar of
Voters is currently reevaluating its fee schedule and the final election cost estimate may not be available until the fall. As of this report's publication, the November 5, 2024 estimated election costs based on three (2) City Council seats are:
2024 General Election Estimated Cost of Election
Estimated Cost per
Candidate Statement (not
included in election costs)
1st Item - City Council Seats $12,558 $3,150
Total Estimated Costs
(does not include Estimated
Cost per Candidate)
$12,558
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:
Draft Resolution
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO CALLING A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, AND
REQUESTING CONSOLIDATION AND PERFORMANCE OF SERVICES FROM THE
COUNTY OF SANTA CLARA REGISTRAR OF VOTERS
WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established General Statewide election to be held on Tuesday, November 5, 2024; and, WHEREAS, pursuant to Part 3, Consolidation of Elections, and commencing with Section 10400 of the Elections Code of the State of California, such municipal election may be either completely or partially consolidated and held on the same day as a statewide election, upon order of this City Council.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That pursuant to Section 10403 of the Elections Code of the State of California, the City Council of the City of Monte Sereno calls a municipal election to be held on Tuesday, November 5, 2024; and requests the Board of Supervisors of the County of Santa Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law.
Section 2. Pursuant to the laws of the State of California governing general law cities, a municipal election is necessary for purposes of filling a Councilmember seat for the offices listed below and to be voted upon at such election.
Title of Each Office Length of Term Number of Seats At-Large or District Number
Councilmember 4 1 At-Large
Councilmember 4 1 At-Large
Section 3. That pursuant to Section 10002 of the Elections Code of the State of California, the City of Monte Sereno requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the City as requested by the City Clerk, and shall reimburse the County for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the City. The City requests the County of Santa Clara Board of Supervisors permit the County of Santa Clara Registrar of Voters to prepare the City’s election materials. The election services to be performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the
results of such canvassing to the City Clerk; and, the performance of other election services as may be requested by the City Clerk.
Section 4. That the City Council of the City of Monte Sereno requests the Board of Supervisors of the County of Santa Clara hold and conduct the municipal election in the manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election.
Section 5. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted upon in the City of Monte Sereno on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City’s election official, or his/her/their designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The candidate shall be required to pay for the cost of printing, translating, and distributing said candidate’s statement. Each candidate who files such a statement shall be required to pay in advance his or her pro rata share of the estimated costs of printing, handling, and mailing said candidate statement, and such estimated costs shall be determined by the Registrar of Voters.
Section 6. That pursuant to Section 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, the City Council of the City of Monte Sereno, in accordance with Section 15651(a), any tie vote shall be resolved by lot.
Section 7. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections.
PASSED AND ADOPTED by the City Council of the City of Monte Sereno, State of California, this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Evert Wolsheimer, Mayor
City Council of the Monte Sereno
ATTEST:
__________________________________
Gloisy Gonzalez-Langarica
City Clerk of the Monte Sereno
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: Approve Resolution Amending the Silicon Valley Animal Control Authority Joint Powers Agreement to Add the Town of Los Gatos as a Member
Recommendation(s):
Staff recommends the City Council adopt a Resolution amending the Silicon Valley Animal Control Authority Joint Powers Agreement to Add the Town of Los Gatos as a Member.
Background Information:
The Silicon Valley Animal Control Authority (SVACA) was formed in 2001. Since that time, membership in SVACA has contracted and expanded. When SVACA was reduced to three member agencies in 2004, the goal was to add members in future years and potentially return to serving five to six cities with a population of approximately 285,000. It was believed that increasing beyond these parameters would lead to increased operating and capital expenses as the center would need to be expanded, staffing would be increased, etc. thus increasing shared costs rather than reducing them. Since that time the City of Mountain View has joined SVACA.
It has continued to be SVACA's goal to reduce member agency costs by considering the addition of new member agencies. Several months ago, staff was approached by the Town of Los Gatos regarding the possibility of joining SVACA. On April 16, the Town of Los Gatos Council unanimously approved the staff recommendation to negotiate with SVACA to become a member of SVACA. Los Gatos desires to begin receiving services on July 1, 2024.
Analysis:
In order to add the Town of Los Gatos to SVACA, several sections of the JPA must be amended.
GOVERNING BODY
The SVACA Board of Directors will consist of five Directors: one Director appointed by each of the Legislative Bodies of the cities of Campbell, Los Gatos, Monte Sereno, Mountain View, and Santa Clara.
QUORUM
In order to have a quorum, Santa Clara and three other cities must be present.
VOTING
For all actions, the Director from Santa Clara will have two votes at each meeting and the Directors from Campbell, Los Gatos, Monte Sereno, and Mountain View shall each have one vote. Five affirmative votes of the Board of Directors shall be required for the Board of Directors to take any action. Weighted voting, which has caused confusion over the years, would be eliminated.
NEW MEMBER AGENCY CONTRIBUTION AND PAYMENT TERMS
When Mountain View joined SVACA, they agreed to contribute $300,000 which was used for the center expansion to accommodate the increased animal intake. Additionally, transitional expenses and a new rescue vehicle were covered by this contribution.
For Los Gatos, it will contribute $100,000 which would be payable upon the effective date of the revised JPA. The contribution would be used to cover transitional expenses and a new rescue vehicle.
FINANCIAL OUTLOOK AND SAVINGS
OPERATING
Staff has estimated service level results for Los Gatos as their current provider provides a lower level of field and shelter services. Since the Los Gatos figures are estimated, these will be reevaluated in four years and resetting as was done when Mountain View joined SVACA.
SVACA's operating costs are based on formulas: field is calculated by taking the sum of population, square miles and calls for service (weighted by 50%); shelter is calculated based on the total live animals received; and administration is the average of field and shelter. All current members percentages would be reduced but at various amounts due to the formulas.
In total, contributions would decrease by 13% or $272,470. Table 1 displays the contribution percentages and Table 2 the member agency operating budget contribution amounts.
Table 1. Contribution Percentage
Member Current With Los Gatos
Camobell 16.4% 12.9%
Los Gatos -- 11.3%
Mountain View 25.5% 21.0%
Monte Sereno 1.6% 1.5%
Santa Clara 56.5% 53.3%
Table 2. 2024-25 Operating Budget Comparison with Los Gatos and No Reserve Use Member 2024-25
Current
2024-25
Los Gatos
Current v.
Los Gatos
Savings
Percent
Decrease
Campbell $353,685 $274,750 $78,935 22%
Mountain View $549,770 $445,273 $104,496 19%
Los Gatos -- $239,471 -- --
Monte Sereno $35,318 $32,458 $2,860 8%
Santa Clara $1,219,161 $1,132,981 $86,180 7%
CAPITAL
As stated in the JPA, all members are responsible for their proportional share of future capital expenses. The addition of a new member would reduce future costs as Los Gatos would be responsible for their share of 11.3% under the current formula.
Fiscal Impact:
The addition of Los Gatos to SVACA would result in an approximately 8% reduction in the City’s contribution to SVACA.
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:
Draft Resolution
Agreement
RESOLUTION NO. XXX
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MONTE SERENO APPROVING THE JOINT POWERS AGREEMENT OF
THE SILICON VALLEY ANIMAL CONTROL AUTHORITY TO ADD THE TOWN OF
LOS GATOS AS A MEMBER
WHEREAS, the Silicon Valley Animal Control Authority was formed in 2001 to provide animal services to the member agencies; and
WHEREAS, on March 22, 2012, the original member agencies consisting of the Cities of Santa Clara, Campbell, and Monte Sereno approved a Revised Second Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (“Second Restated Agreement”) to add the City of Mountain View as a Member Agency; and
WHEREAS, the Member Agencies now desire to amend the Second Restated Agreement to add the Town of Los Gatos as a Member Agency.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the attached “Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority” is hereby approved.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:_____________________________
Evert Wolsheimer, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 1 of 22 Approved by the SVACA Board of Directors on May 22, 2024
REVISED THIRD RESTATED AND AMENDED
JOINT EXERCISE OF POWERS AGREEMENT FOR
THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section 2.3) by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of which is a public entity duly organized and existing under the Constitution and other laws of the State of California.
WHEREAS, on March 22, 2012, the original member agencies consisting of the Cities of Santa Clara, Campbell, and Monte Sereno approved a Revised Second Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (“Second Restated Agreement”) to add the City of Mountain View as a Member Agency; and
WHEREAS, the Member Agencies now desire to amend the Second Restated Agreement to add the Town of Los Gatos as a Member Agency;
WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing at Section 6500) authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them and, by that agreement, create an entity that is separate from each of the Member Agencies; and
WHEREAS, each of the Member Agencies possess the power to provide for the Animal Control Services (defined in Section 1.3), including animal field services, animal shelter services, and dead animal services within their respective Jurisdictional Area (defined in Section 1.4 herein below); and WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; and
WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide the Animal Control Services because the Jurisdictional Areas of the Member Agencies are in close proximity to one another and are susceptible of being served by the Animal Control Services and related Joint Facilities (defined in Section 1.10) under common administration and management and with the same equipment, resources and personnel; and
WHEREAS, the Member Agencies desire to share their animal control expertise and to optimize their expenditures in connection with the provision of the Animal Control Services and related Joint Facilities; and
WHEREAS, the separate provision, management and administration of the Animal Control Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member Agencies and using separate facilities, resources and personnel may result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Member Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of the citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control Services and the administration and management of the related Joint Facilities employing common equipment, resources
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 2 of 22 Approved by the SVACA Board of Directors on May 22, 2024 and personnel, were to be performed by and through a single public entity and the creation of such a single public entity is the purpose of this Agreement;
NOW, THEREFORE, for and in consideration of the facts stated above, the mutual advantages to be derived, and the mutual covenants contained herein, it is agreed by and among the Member Agencies hereto as follows:
ARTICLE I
DEFINITIONS
Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall have the meanings specified.
Section 1.1. Act. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, as it may be amended from time to time.
Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it now exists or as it may from time to time be amended, supplemented or as it may be modified by the addition of signatory parties or by any other supplemental agreement or amendment entered into pursuant to the provisions of this Agreement.
Section 1.3. Animal Control Services. "Animal Control Services" means those services enumerated on "Exhibit A," entitled "Animal Control Services," attached hereto and incorporated herein by this reference.
Section 1.4. Area. "Area" and "Jurisdictional Area" mean that area within the respective jurisdictions of the Member Agencies.
Section 1.5. Authority. "Authority" means the Silicon Valley Animal Control Authority created pursuant to this Agreement.
Section 1.6. Board of Directors. "Board of Directors" means the governing board of the Authority referred to in Section 1.5 and more particularly described in Section 2.5 herein below. "Director" means an individual member of the Board of Directors.
Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, as the same may have been or may hereinafter be amended from time to time, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities. "Bonds" means any bonds issued pursuant to Bond Law.
Section 1.8. Executive Director. “Executive Director" means the employee of the Authority directly responsible to the Board of Directors and primarily responsible for the managerial oversight of the operations of the Authority as further described in Section 3.6.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 3 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 1.9. Fiscal Year. "Fiscal Year" means the period from July 1st to and including the following June 30th.
Section 1.10. Joint Facilities. "Joint Facilities" means the animal control facilities, equipment, resources, and property to be owned, leased, managed and operated by the Authority pursuant to Article V and Section 7.1, and, if and when acquired or constructed, any improvements and additions thereto.
Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of the Member Agencies of the Authority. "Legislative Body" means any such individual city or town council.
Section 1.12. Member Agencies or Member Agency. "Member Agencies" means all of the public agencies signatory to this Agreement, which, as of the initial Effective Date of this Agreement, are the City of Campbell, the City of Monte Sereno, the City of Santa Clara, the City of Mountain View and the Town of Los Gatos. "Member Agency" means any such individual public entity. “Originating Member Agency” refers to City of Campbell, the City of Monte Sereno, and the City of Santa Clara. “New Member Agency(ies)” refers to the City of Mountain View and the Town of Los Gatos.
Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum" means the presence of the Santa Clara Director and three Directors of the other Member Agencies.
Section 1.14. Rules of the Board. “Rules of the Board” means the bylaws, rules, regulations and other operational and organizational directives of the Board of Directors for the conduct of its meetings and other affairs as further described in Section 2.9.
Section 1.15. Secretary. "Secretary" means the Secretary of the Board of Directors as further described in Section 3.2.
Section 1.16. Treasurer. " Treasurer" means the financial director and finance manager of the Authority having the responsibility and accountability for the Authority's funds as further described in Section 3.3.
ARTICLE II
GENERAL PROVISIONS
Section 2.1. Purpose. Subject to the terms herein, particularly Section 6.3, the purpose of this Agreement is to create the Authority to provide for the joint exercise of powers by the Member Agencies to own, manage, operate and/or maintain the Joint Facilities and to implement the financing, acquisition and construction of additions and improvements thereto and any additional facilities and property later acquired, owned or managed by the Authority and included in the Joint Facilities and thereafter to manage, operate and maintain the Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided with a more efficient and economical provision of the Animal Control Services and related services consistent with the purposes of this Agreement, and, if necessary, to issue and repay revenue bonds of the Authority pursuant to the Bond Law. Each of the Member Agencies is authorized to exercise all powers (except the power to issue and repay revenue bonds of the Authority)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 4 of 22 Approved by the SVACA Board of Directors on May 22, 2024 pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of revenue bonds pursuant to the provisions of the Bond Law.
Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to Section
1.5. The Authority, which shall administer this Agreement, is a public entity separate and apart from the Member Agencies and each of them.
Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed and executed by all Member Agencies listed in Section 1.12 (the "Effective Date") and shall supercede any prior agreements executed.
Section 2.4. Term. This Agreement shall become effective on the Effective Date set forth in Section
2.3 and shall continue in effect until such time as all Bonds (if any) and the interest thereon issued by the Authority under the Bond Law or the Act shall have been paid in full or provision for such full payment shall have been made, and thereafter until such time as the Authority and the Member Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to Article IX.
Section 2.5. Governing Board. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, as follows: one (1) Director appointed by each of the Legislative Bodies of the cities of Campbell, Los Gatos, Monte Sereno, Mountain View, and Santa Clara.
Section 2.5.1. All voting power of the Authority shall reside with the Board of Directors.
Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon Valley Animal Control Authority."
Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member Agency that appointed that Director.
Section 2.5.4. Each Legislative Body shall appoint an alternate Director for that Member Agency. The alternate Director may act as the Director in the absence of the Director appointed by that Legislative Body. The alternate Director shall also be a member of the Legislative Body that appointed the alternate Director.
Section 2.5.5. All Directors and their alternates shall serve at the pleasure of the Member Agency that appointed them.
Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective Legislative Body within thirty (30) days of the effective date of the vacancy or as soon thereafter as the Legislative Body may legally act. Any Director or alternate Director shall cease to be a Director when such person ceases to hold office as a council member of the respective appointing Legislative Body.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 5 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 2.5.7. Each Director may receive reimbursement for the reasonable and necessary expenses incurred in the performance of their duties, as provided in the Rules of the Board.
Section 2.6. Meetings of the Board of Directors. All meetings of the Board of Directors shall be public meetings unless a specified closed session is held in accordance with the California Government Code.
Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings at a date, time, and place fixed by the Rules of the Board.
Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Board of Directors may be called in accordance with State law.
Section 2.6.3. Call, Notice, and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of Section 54950, et seq., of the California Government Code, as may be amended from time to time.
Section 2.7. Required Votes; Approvals. For all actions, the Director from Santa Clara will have two (2) votes at each meeting and the Directors from Campbell, Los Gatos, Monte Sereno, and Mountain View shall each have one (1) vote. Five (5) affirmative votes of the Board of Directors shall be required for the Board of Directors to take any action provided a quorum is present as set forth in Section 1.13.
Section 2.8. Rules of the Board. The Board of Directors shall adopt and from time to time amend the Rules of the Board as are necessary or convenient in the determination of the Board of Directors to achieve or facilitate the purposes hereof.
Section 2.9. New Members. It is the intent of the Originating Member Agencies to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become parties to this Agreement and members of the Authority. The Board shall review all applications for participation in the Authority. Those entities seeking membership must be approved by five (5) affirmative votes of the Board of Directors. A new Member Agency shall be required to (a) contribute funds commensurate to the expenses incurred by the Authority to accommodate the new Member Agency’s inclusion in the Authority. Examples include, but are not limited to, improvements to the facility, additional personnel expenses, marketing expenses, contractual services, and/or vehicles; (b) pay its share of annual Operating Costs and other expenses pursuant to Section 6.3 and (c) contribute to the Capital Fund (see Section 5.4) as determined by the Board. It is the intent of the Originating Member Agencies that any new Member Agency shall proportionally contribute and share in the Authority’s operations, but shall not have any proportional ownership in fee of the Authority’s real property interests.
For entities joining the Authority at other than the beginning of the Authority’s fiscal year, cash contributions for Operating Costs and the Capital Fund shall be prorated for the remainder of the fiscal year.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 6 of 22 Approved by the SVACA Board of Directors on May 22, 2024
ARTICLE III
ORGANIZATIONAL STRUCTURE
OFFICERS AND EMPLOYEES
Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shall elect a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each serve a one year term. In the event of the disqualification or permanent inability of the Chairperson to serve as the Chairperson during their term, the Vice-Chairperson shall assume the duties of the Chairperson for the remainder of that term and the Board of Directors shall elect a new Vice-Chairperson for the remainder of that term.
Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Board of Directors and all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Directors, consistent with the terms and provisions of this Agreement and the Rules of the Board.
Section 3.1.2. The Vice-Chairperson shall be authorized to act as the Chairperson, exercise all of the powers of the Chairperson, and perform all of the duties of the Chairperson in the temporary absence of the Chairperson.
Section 3.1.3. The Board of Directors, as a part of its approval of any contract, may authorize the Executive Director to execute the contract on behalf of the Authority.
Section 3.2. Secretary. The Executive Director shall be the Secretary to the Board of Directors, perform such other duties as may be imposed upon the Secretary by the Board of Directors, and cause a copy of this Agreement to be filed with the California Secretary of State and the State of California pursuant to Section 6503.5 of the Act.
Section 3.3. Treasurer. The Board shall designate the Treasurer. The Treasurer shall be the depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source.
The Treasurer shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority.
Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California Government Code, the Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the Authority relating to such accounts, funds and money; and the Secretary shall have charge of, handle, and have access to all other records of the Authority, and the Executive Director shall have charge of, handle, and have access to all physical properties of the Authority.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 7 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of Directors may designate persons, such as the Treasurer or Executive Director, as the Authority officer(s) who shall have charge of, handle, or have access to any property of the Authority. The Board of Directors shall also fix the respective amounts of the official bonds of the Treasurer, Executive Director or such other designated persons pursuant to Section 6505.1 of the Act, which bonds shall be filed with the Secretary of the Authority. The actual cost of such bonds shall be a proper charge against the Authority.
Section 3.6. Management. The regular management of the operations and activities of the Authority shall be vested in the Executive Director. The Executive Director shall be appointed by the Board of Directors. Unless otherwise provided by the Rules of the Board or resolution of the Board of Directors, the Executive Director shall have the following powers:
Section 3.6.1. To provide for the planning, design, and construction of any additions or improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any new facilities to be operated by the Authority as authorized by the Board of Directors; Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Authority within the limits and in accordance with procedures to be established by the Authority in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code;
Section 3.6.3. To appoint and employ all personnel of the Authority required for maintenance and operation of the Joint Facilities, and all other employees authorized by the Authority's budget and by the Board of Directors;
Section 3.6.4. To retain any consultants, including labor relations consultants or certified public accountants, as authorized in the Authority's budget and by the Board of Directors; Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ all personnel of the Authority or consultants required to be employed or retained in connection with the design of any additions or improvements of the Joint Facilities or construction of new facilities; Section 3.6.6. To expend funds of the Authority and enter into contracts, whenever required, or for the immediate preservation of the public peace, health, or safety, subject to the subsequent ratification of the Board of Directors;
Section 3.6.7. To dispose of any personal property of the Authority as may be provided in the Rules of the Board or otherwise authorized by the Board of Directors; Section 3.6.8. To approve and pay demands for payments by the Authority of Ten Thousand Dollars ($10,000.00), or less, which are authorized in the Authority's budget;
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 8 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.6.9. To prepare and submit to the Board of Directors in time for revision and adoption by the Authority prior to June 1 of each year, the annual preliminary budget for the next succeeding Fiscal Year referred to in Section 6.1;
Section 3.6.10. Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Authority; Section 3.6.11. To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct.
Section 3.7. Legal Advisor. The legal advisor of and provider of legal advice and services to the Authority shall be designated by the Board of Directors.
Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of and pursuant to this Agreement.
Section 3.9. Non-Liability of Agencies. None of the officers, agents, or employees directly employed by the Authority shall be deemed, solely by reason of their employment by the Authority, to be employed by any Member Agency or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member Agency. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activities of the officers, agents, or employees of Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. Except as expressly provided for in this Agreement, nothing contained in this Article III is intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority to enter into agreements or other arrangements with any Member Agency in accordance with the terms and conditions of this Agreement and the Rules of the Board regarding the use of employees of the Member Agency in the operations and activities of the Authority.
Section 3.10. Indemnity and Insurance. The Authority shall defend, indemnify and save harmless each Member Agency to this Agreement and its respective council members, officers and employees, from all claims, losses, damages, costs, injury and liability arising out of the Authority's performance of its powers, duties and responsibilities under this Agreement. The Authority shall obtain and keep in force policies of insurance with coverage and limits sufficient to protect the Authority and its Member Agencies from claims for damages arising from the activities of the Authority, its Board of Directors, officers and employees. It is the intent of this Section 3.10 that the policies of insurance described herein include coverage for automobile liability, comprehensive general liability, public officials errors and omissions, workers’ compensation, and excess liability and other perils as the Board of Directors shall, from time to time, direct and that the coverage limits of these policies be maintained at levels as the Board of Directors shall direct. Each Member Agency shall be named an "additional insured" on the liability coverages or shall receive equivalent treatment or status under the Authority’s insurance program.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 9 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.11. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Member Agency shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the respective Area of such Member Agency.
ARTICLE IV
POWERS OF THE AUTHORITY
Section 4.1. General Powers. The Authority shall exercise in the manner herein provided the powers common to each of the Member Agencies, as provided by the Constitution and laws of the State of California, and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4. As provided in the Act, the Authority shall be a public entity separate from the Member Agencies. The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate the Joint Facilities. The Authority shall have all of the powers provided in Article 2 and Article 4 of the Act, unless specifically prohibited or restricted by this Agreement.
Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any of the following:
Section 4.2.1. To make and enter into contracts;
Section 4.2.2. To employ agents or employees;
Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or improvements;
Section 4.2.4. To acquire, hold, or dispose of property; Section 4.2.5. To sue and be sued in its own name;
Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or obligation upon any Member Agency;
Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from any agency for the United States of America or of the State of California; Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;
Section 4.2.9. To carry out and enforce all the provisions of this Agreement.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 10 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 4.3. Bonds. The Authority shall have all of the powers provided in Article 4 of the Act, including the power to issue Bonds under the Bond Law.
Section 4.4. Restrictions on Exercise of Powers. The Authority shall exercise in the manner herein provided the powers common to all Member Agencies as appropriate to the accomplishment of the purposes of this Agreement. For purposes of Govt. Code § 6509, the powers of the Authority shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Campbell, a general law city.
Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any Member Agency.
ARTICLE V
METHODS OF PROCEDURE
Section 5.1. Reserved.
Section 5.2. Delegation of Powers. Each Member Agency hereby delegates to the Authority the power to purchase and the power and duty to maintain, operate, and manage any animal control equipment, resources, and real property acquired and identified by the Member Agencies, including the site of the Authority's animal control facility, and to employ the necessary personnel to do any and all other things necessary or desirable to provide efficient, economical and lawful Animal Control Services to the Member Agencies.
Section 5.3. Joint Maintenance and Operation Fund. The Board of Directors shall have a joint maintenance and operation fund (herein called the "Operating Fund"). The Authority shall assume responsibility for the maintenance and operation of the Operating Fund and shall pay the administrative and operational expenses of the Authority and all maintenance and operation costs of the Joint Facilities from said Operating Fund. Each of the Member Agencies shall pay into said Operating Fund its proportionate share of the maintenance and operation costs of the Joint Facilities, computed on the basis set forth in Section 6.3 of this Agreement.
Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors may create a capital acquisition and replacement fund ("Capital Fund") for the purpose of creating a fund for the acquisition and construction of the Joint Facilities and any other capital improvements owned or controlled by the Authority, and the replacement and acquisition of capital equipment and property of the Authority. Each Originating Member Agency shall annually pay into said Capital Fund its proportionate share of capital costs, including principal and interest payments on outstanding Bonds, if any, as provided in Section 6.3. If there is a future need for contributions to the Capital Fund by any new Member Agency, all members shall contribute a proportionate share that is commensurate with each member’s proportional operating expenses.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 11 of 22 Approved by the SVACA Board of Directors on May 22, 2024
ARTICLE VI
BUDGET/COSTS, MAINTENANCE AND
OPERATION COSTS AND OTHER COSTS
Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any), annually prior to June 1 of each year and shall adopt a final budget prior to June 30 of each year.
Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year.
Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books of account, showing in detail the capital costs, costs ofspecial services and maintenance, operation costs of the Joint Facilities and the provision of the Animal Control Services, and all financial transactions of the Member Agencies relating to the Joint Facilities and the provision of the Animal Control Services, which books of account shall correctly show any receipts and also any costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records shall be open to inspection at all times during normal business hours by any representative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6 of the Act, cause the books of account and other financial records of the Authority to be audited annually by an independent public accountant or certified public accountant.
Section 6.3. Allocation of Costs and Expenses: Generally.
Section 6.3.1. Annual Estimate. After adoption of the preliminary budget and prior to June 1 of each year, the Authority shall promptly furnish to each of the Member Agencies an estimate of the total annual maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any).
Section 6.3.2. Operating Costs. The proportion of Operating Costs to be borne by each Member Agency shall be determined by the Executive Director each year prior to April 1, and the Executive Director shall submit these percentages to the Board of Directors for review, modification and/or approval on or before June 1 of each year. The Board of Directors may modify the manner in which each Member Agency's contribution to Operating Costs is determined or calculated by five (5) affirmative votes of the Board of Directors.
Section 6.3.3. Capital Acquisition Costs, Costs of Special Services, Bond Expenses. Costs of acquiring new equipment or constructing new facilities, costs of special services and Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in the same proportion as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal Year in which the cost is incurred.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 12 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by each Member Agency annually shall be the same proportion as Operating Costs borne by that Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2.
Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in Section
3.10 shall be apportioned among the Member Agencies in the same manner as each Member Agency's yearly percentage of Operating Costs, as determined pursuant to Section 6.3.2 . In the event of any claim for damages which is not covered by insurance, or which exceeds the limits of any applicable policy of insurance, the Member Agencies agree to allocate among themselves the uninsured costs of defending such claim, and the uncovered costs of settlement or judgment, if any, in the same proportions as the percentage share of Operating Costs of each Member Agency as established pursuant to Section 6.3.2 at the time the claim is filed with the Authority.
Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its allocated proportional share of the total estimated annual costs and expenses, as set forth in Section 6.3.
Section 6.5. Sources of Funds. Each Member Agency shall provide the funds required to be paid by it to the Authority under this Agreement from any source of funds legally available to such Member Agency for such purpose.
Section 6.6. Level of Services and Charges to Member Agencies. All Member Agenciesshall receive the same level of service for their contributions, regardless of the amount of their contribution. The levels of service are reflected in Exhibit A, and these services may be amended from time to time.
Section 6.6.1. Level of Service Adjustment Due to New Member Agency. No later than four (4) years after the effective date of this Agreement, the Authority will conduct an internal review of its level of service for any new Member Agency to determine if the initial estimate of the necessary level of service for that jurisdiction is appropriate. In the event a higher or lower level of service is warranted based upon such audit, the Member Agencies may adjust the Operating Costs accordingly, pursuant to Section 6.3.2.
Section 6.7. New Member Agency Contribution and Payment Terms. This Agreement was created to accommodate the inclusion of a new Member Agency, the Town of Los Gatos. Pursuant to Section 2.10, the Town of Los Gatos will contribute the following amounts pursuant to the terms stated herein as consideration for its Member Agency status. The Town of Los Gatos will pay a total of One Hundred Thousand Dollars ($100,000.00), payable to the Authority on the Effective Date of this Agreement. This contribution amount is based upon the purchase of one animal rescue vehicle for Authority staff use as well as miscellaneoustransitional costs. Los Gatos agrees that any new asset and/or equipment purchased with these funds are the property of the Authority, not of Los Gatos.
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 13 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.7.1. Early Termination. Los Gatos also agrees that in the event its Legislative Body votes to terminate its status as a Member Agency prior to five (5) years from the Effective Date of this Agreement, then Los Gatos will be liable for early termination liquidated damages. The Member Agencies agree that, in the event Los Gatos terminates this Agreement prior to five (5) years from the Effective Date of this Agreement, the Authority and its remaining Member Agencies will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Member Agencies agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, Los Gatos shall pay to the Authority liquidated damages of a sum equivalent to two-thirds (2/3) of its annual contribution for the remaining balance of that five (5) year period and any unpaid initial contribution amount, as described in Section 6.7. In the event that said liquidated damages are not paid, Los Gatos agrees that the Authority or any of its remaining Member Agencies may use all available legal remedies to obtain the amount of said unpaid damages. In the event of any litigation resulting from such a dispute as to liquidated damages, Los Gatos agrees to waive any affirmative defense as to the reasonableness and/or imposition of the liquidated damages.
ARTICLE VII
ENFORCEMENT
Section 7.1. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law, to enforce this Agreement.
ARTICLE VIII
WITHDRAWAL OF A MEMBER AGENCY
Section 8.1. Agreement Continues. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to this Article VIII is not intended to and will not terminate this Agreement or affect the ability of the Board of Directors or the remaining Member Agencies to carry out and fulfill the purposes of this Agreement.
Section 8.2. Withdrawal. A Member Agency may withdraw from the Authority and this Agreement by filing written notice thereof with the Authority. Withdrawal will take effect on July 1 of any year provided there is a least six months advance notice. The withdrawal of any Member Agency from the Authority shall in no way affect the rights and obligations of the remaining Member Agencies. A withdrawing Member Agency is still obligated for all payments due from it for the fiscal year of the withdrawal, and in the case of the Town of Los Gatos, it is also obligated for all payments specified in Section 6.7 in the event of early termination. Further, in the event of withdrawal of a Member Agency, the following terms and conditions will apply:
Section 8.2.1. Withdrawal shall not relieve the party of its proportionate share of any debts, liabilities or other contractual commitments incurred by the Authority prior to the effective date of the party’s withdrawal; and
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 14 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 8.2.2. If Bonds have been issued and the withdrawing Member Agency benefits directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not withdraw from the Authority until such time as all of those Bonds and the interest thereon shall first have been paid in full or provision for such full payment shall first have been contractually made with the Authority and approved by the Board of Directors; and Section 8.2.3. The obligations of the withdrawing Member Agency shall have been paid in full and provision for repayment of any other indebtedness which may exist shall be covered by an agreement made between the Authority and the Member Agency and approved by the Board of Directors.
Section 8.3. Non-Distribution of Assets Upon Withdrawal or Subsequent Dissolution. A withdrawing Member Agency will have no entitlement to any Assets or Cash Reserves (See Section 9.3 for definition of term) of the Authority nor any distribution or reimbursement of any kind from the Authority upon withdrawal or in the event of the Authority’s subsequent dissolution.
Section 8.4. Restrictions. Any withdrawal from participation in this Agreement is subject to the restrictions on withdrawal contained in Sections 8.2 and 8.3, above. In addition, each withdrawing Member Agency, upon its withdrawal, waives any right to seek a judicial apportionment of any interest it may have in the Authority, including any interest in any Assets or Cash Reserves of the Authority.
ARTICLE IX
TERMINATION OF THE AGREEMENT AND
DISSOLUTION OF THE AUTHORITY
Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved upon an agreement of all Member Agencies. Upon termination of this Agreement, any obligation of the Authority which continues following dissolution shall be borne by the Member Agencies based on the percentages determined pursuant to Section 9.3.
Section 9.2. Effective Date of Termination. Termination shall not under any circumstances become effective until June 30 next succeeding a minimum of twelve (12) months following the effective date of a written notice of termination to the Board of Directors approved by all Legislative Bodies of the current Member Agencies.
Section 9.3. Disposition of Assets. Upon dissolution of the Authority, each Originating Member Agency shall receive its proportionate share of the assets of the Authority as defined in this Section within a reasonable amount of time after dissolution, and each Originating Member Agency shall contribute its proportionate or otherwise defined share toward the discharge of any enforceable liabilities incurred by the Authority as the same appear on the books of the Authority. Upon the termination of this Agreement, any assets acquired by the Authority during the period of its existence and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash Reserves") shall be distributed to the Originating Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each Originating Member Agency into the Operating Fund during the entire existence of the Authority shall be added together and the percentage which each Agency's total bears to the whole shall be determined. The Assets and Cash Reserves shall be divided among the current Member Agencies
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 15 of 22 Approved by the SVACA Board of Directors on May 22, 2024 based on the above percentage, based on appraised value of the assets at the time of termination. In the event the Originating Member Agencies cannot agree on how the distribution of Assets and Cash Reserves pursuant to the distribution method set forth in this Section should be implemented, the City Managers of all of the Originating Member Agencies, or their respective designees, shall meet promptly to develop a method for distributing the Assets and Cash Reserves among the Originating Member Agencies. New Member Agencies shall receive only their proportional share of the cash reserves they contributed to during their membership, if any.
Section 9.4. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the Member Agencies at the time of dissolution after the discharge of all enforceable liabilities.
Section 9.5. Continued Existence of Authority. Upon dissolution, this Agreement and the Authority shall continue to exist as required or necessary for the limited purpose of distributing the Assets and Cash Reserves and winding up and closing out the business, accounts and affairs of the Authority.
ARTICLE X
MISCELLANEOUS
Section 10.1. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement.
Section 10.2. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.
Section 10.3. Law Governing. This Agreement is made under the Constitution and laws of the State of California and is to be so construed.
Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by Bond covenants, if any. All amendments to the Agreement must be in writing, and must be approved by the Legislative Bodies of the Member Agencies prior to becoming effective.
Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement.
Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Member Agencies. No Member Agency may assign any right or obligation hereunder without written consent of the other Member Agencies.
Section 10.7. Notice. Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to the Authority and to the Member Agencies at their addresses as reflected in the records of the Authority, and shall be
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 16 of 22 Approved by the SVACA Board of Directors on May 22, 2024 deemed to have been received by the party to which the notice is addressed upon the earlier of receipt or 72 hours after mailing.
Section 10.8. Counterparts. This Agreement may be signed in counterparts, which together shall constitute one agreement. If this Agreement is signed in counterparts, no signatory hereto shall be bound until all Parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement.
[Signatures on next page.]
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 17 of 22 Approved by the SVACA Board of Directors on May 22, 2024
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein.
MEMBER AGENCIES
APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:
By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: CITY OF MONTE SERENO, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:
By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:
By: ___________________________
Its: ___________________________
Date: ___________________________
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 18 of 22 Approved by the SVACA Board of Directors on May 22, 2024 APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:
By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: TOWN OF LOS GATOS, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:
By: ___________________________
Its: ___________________________
Date: ___________________________
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 19 of 22 Approved by the SVACA Board of Directors on May 22, 2024 EXHIBIT "A"
ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of the following services:
A. Field Services
Field services means all of the following services, including any vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Field Services"):
• Pick up of confined stray dogs, cats, and other small animals, including, rabbits, chickens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels • Pick up confined stray livestock, including horses, pigs, goats, sheep, and donkeys • Pick up of deceased animals, including wildlife, as described in more detail below under the description of Deceased Animal Services
• Pick up of injured stray dogs or cats and other small animals, without regard to weight, and injured wildlife weighing fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the permission of the property owner or occupant or the property owner's or occupant's authorized agent
• Respond to emergency calls such as animals requiring rescue or animals attacking people • Investigating complaints of animal bites or attacks on humans, including the completion of a report interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine
• Response to calls for removal of venomous snakes in a private residence and on private property
• Investigating complaints of vicious dogs and provide administrative hearings • Investigating complaints of dangerous animals and provide administrative hearings • Responding to complaints of animals running at large
• Responding to complaints of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 20 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Respond to police assist calls on animal-related issues, which service may include taking control of an animal on the scene
• Investigate complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners
• Investigate complaints regarding cruelty to animals
• Investigate complaints regarding exceeding the limit of the maximum number of animals • Investigate complaints regarding unsanitary conditions • Provide Community Outreach Humane Education programs to local schools as well as presenting programs to civic groups and organizations, Neighborhood Watch, homeowners groups and more
• Provide animal safety training for service workers (i.e. postal employees, meter readers) • Issue administrative and criminal citations as necessary • Participate in Santa Clara County Disaster Preparedness Team B. Shelter Services
Shelter Services means all of the following services, including shelter facilities, supplies, animal care specialists, supervisors and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Shelter Services"):
• Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel • Quarantine of biting animals
• Rabies testing of suspect animals
• Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours
• Provide adoption program to include offsite adoption events • Provide after hours receiving kennels for stray healthy animals • Save all healthy or treatable animals by return to owner, placement with a placement partner, or adoption
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 21 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Hold periodic adoption events at the animal care center • Euthanasia and disposal of unhealthy domestic animals that fail to meet the written health and temperament standards of the shelter
C. Medical Services
Medical Services means all of the following services, including office facilities, supplies, and professional and trained personnel necessary to perform the following services (the "Medical Services") by staff or through contracts:
• Provision of veterinarian services by staff or through contracts twenty-four (24) hours per day to treat and provide veterinarian care to stray dogs, cats, and other impounded animals that may be sick or injured
• Monitor quarantined biter animals
• Conduct vaccination clinics and have available, free of charge to the public, rabies control information.
• Operate public low cost spay/neuter clinic
D. Deceased Animal Services
Deceased Animal Services means all of the following services, including any vehicles, storage facilities, disposal mechanisms, field, and administrative personnel, and any other personnel, supplies, contracts and equipment required to perform the following services (the "Deceased Animal Services"):
• Pick up of deceased animals, including wildlife and except livestock, from streets and public property within Jurisdictional Areas, or from private property within Jurisdictional Areas with the permission of the property owner, occupant or a representative of the property owner or occupant
• Identification of and notification to the owner of the deceased animal, whenever possible • Disposal of the body of the deceased animal
E. Animal Licensing Services
Animal Licensing Services means all of the following services, including any vehicles, office facilities, supplies, equipment and personnel necessary to perform the following services (the "Animal Licensing Services"):
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 22 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Computerized animal licensing including up to two delinquent notices on license renewals
• Animal Control Officer contact for delinquent licenses when necessary • Provide licenses at animal care center
• Comprehensive community outreach program, to include issuing licenses at vaccination and spay/neuter clinics
• Distribute licensing information through local veterinarians and on web site • Issue assistance animal identification tags to qualified residents as required by state law F. Other Services For Which a Fee May Be Charged
• Pick up owned animals
• Provide humane traps to the public to capture sick, injured, or nuisance domestic animals • Provide volunteer opportunities
• Provide onsite dog training
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2024-2025
Recommendation(s):
Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2024-2025.
Background Information:
The City of Monte Sereno adopted, and the voters approved by more than two-thirds of votes cast at the November 8, 1983 election, Ordinance No. NS-22 which levied a parcel tax for police services. Ordinance NS-22 empowered the City Council to suspend collection of all or part of the adopted and levied tax established and authorized the County of Santa Clara Tax Collector to collect one hundred fifty dollars ($150.00) per parcel. Approval of the proposed resolution would authorize the collection of the parcel tax for Fiscal Year 2024-2025.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
NS-22 Establishing Police Tax
Reso No 24-Police Levy Tax FY24-25kp
ORDINANCE NO. NS- 22
AN ORDINANCE OF THE CITY OF MONTE SERENO LEVYING
AND IMPOSING A SPECIAL REAL PROPERTY TAX FOR POLICE
PROTECTION SERVICES
The City Council of the City of Monte Sereno DOES ORDAIN as follows:
SECTION 1. PURPOSE AND INTENT.
At present the City of Monte Sereno (herein referred to as the "CITY"), provides police protection services by contract with another public agency, namely, the County of Santa Clara and the Office of the Sheriff thereof. As a result of the passage of Proposition 13 in June, 1978, the CITY is unable to increase property tax revenues to meet the anticipated annual increases in the cost of obtaining police protection services, either at the present level of service or better by contract with the County of Santa Clara, or with another public agency, as the case may be.
It is the purpose and intent of this Ordinance to impose a special real property tax pursuant to the provisions of California Government Code Section 53978 on real property, other than property owned by governmental agencies, within the CITY for the purpose of augmenting funding of police protection services in order to continue or improve the present level of service, but only to the extent necessary to balance the budget of CITY without the use of any unappro
operating and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.
SECTION 2. DEFINITIONS.
The following definition shall apply throughout this Ordinance:
(a) "Parcel of property" shall mean any contiguous unit of improved or unimproved real property held in separate ownership, including, but not limited to any single family residence, or any other unit of real property subject to the California subdivided Lands Act (Bus. and Prof. Code 11000, et seq.).
SECTION 3. SPECIAL TAX LEVY.
There is hereby levied and assessed a special real property tax by the City of Monte Sereno on each parcel of property in the City of Monte Sereno in the sum of One Hundred Fifty Dollars ($150.00) per year for each parcel of property commencing with the fiscal year 1984-85.
The tax imposed by this Section shall be a tax upon each parcel of property, and the tax shall not be measured by the value of the property.
SECTION 4. ALTERATION OF TAX BY CITY COUNCIL.
The City Council, by three (3) affirmative votes, is empowered
accordance with the purposes set ?Xth’h1thisOrdinance, or that such part of said tax is not necessary in order to balance the budget of CITY without the use of any unappropriated reserve funds of the CITY.
Having suspended all or any part of the tax imposed by this Ordinance, the City Council, by three (3) affirmative votes, is empowered to increase the amount of the tax up to the amount stated in Section 3 of this Ordinance. Under no circumstances may the amount of the tax exceed that set forth in Section 3.
SECTION 5. DISBURSEMENT OF TAX.
The revenue raised by the real property tax levied by this Ordinance shall be placed in a special fund to be used only for the purposes of obtaining, furnishing, operating and maintaining police protection equipmentor apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.
SECTION 6. COLLECTION AND ADMINISTRATION.
(a) Liens. The special real property tax imposed under this Ordinance together with all penalties and interest thereon shall constitute a lien on the parcel of property upon which it is levied, in accordance with Revenue and Taxation Code Section 2187 and shall have the same effect as an ad valorem real property tax lien until
and along with, and shall be subject to the same interest and penalties, as general ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY. The taxes on each parcel of property shall be billed on the secured roll tax bills and shall be collected in the same manner as ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY on the secured roll. Failure to pay when due will result in the imposition of penalties and interest in the same manner as if the taxes were ad valorem property taxes. (c) Recovery of County Costs. The County of Santa Clara shall be entitled to deduct the reasonable costs of collection and administration of this Ordinance before remitting the tax revenues collected to the CITY.
(d) Administrative Regulations. The City Council of the CITY by three (3) affirmative votes may from time to time adopt regulations necessary for the enforcement and administration of the special tax provided for herein, and to implement and make effective this Ordinance.
Such regulations shall be consistent with the purpose and intent of this Ordinance.
SECTION 7. APPEALS.
Any person aggrieved by the real property tax imposed pursuant to this Ordinance may, within the time fixed by the City Council, appeal the determination of the officers of the County of Santa Clara
SECTION 8. EXEMPTIONS.
The special real property tax imposed by this Ordinance shall not apply to any parcel of property that is exempt from the real property tax imposed by this Ordinance pursuant to any provision of the Constitution or any paramount law.
SECTION 9. OPERATIVE DATE.
This Ordinance shall become operative only if this Ordinance is adopted by a vote of sufficient number of qualified electors as is required by paramount law to impose the real property tax described in this Ordinance.
SECTION 10. The qualified electors of the City of Monte Sereno intend by this Ordinance to satisfy the requirements of Section 4 of Article XIII of the Constitution of the State of California, and without limitation by Section 4 of Article XIII B thereof.
SECTION 11. SEVERABILITY CLAUSE.
If any section, subsection, sentence, phrase, portion or part of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitu
Sereno in three
INTRODUCED
19th
ADOPTED at a regular meeting of the City Council held this day of JULY
I
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ATTEST:
CITY CLERK
day of July
, 1983,
(3) public places.
at a regular meeting of the City Council held this
and thereafter PASSED AND
25th
1983, by the following roll call vote:
BAMFORD, CODY, WINCKLER, MAYOR FOLEY
NONE
BURGARD
__7. BY
.YOR
1: S15 A TRUEAND CORRECT .
-::r:»:‘/ or A czw o:.::‘)‘z-M cs‘; HO.(Z£“-2 7"
51'.’
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No.
NS-Z2 was adopted by the City Council of the City of Monte Sereno at a regular meeting thereof, held on the 25th day of JULY C C 1983, and that the same was adopted by
9 the following vote:
AYES; Councilmen BAMFORD, copy, WINCKLER, MAYOR FOLEY
NOES: Councilmen NON
ABSENT: Councilmen BURGARD
ABSTAIN: Councilmen
WITNESS my hand and the official seal of said City this 18th day of
‘November
‘ ‘ , 1983.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No. NS-22 was adopted by the People of the City of Monte Sereno, California, by a two~thirds Vote of the qualified electors of the City at a Special Municipal Election held on November 8, 1983, the vote thereon by 583 Yes votes and _ 242 No votes.
WITNESS my hand and the official seal of said City this l8th
day of November , 1983.
5?
FAY FURTADO, CITY CLERK
(SEAL)
RESOLUTION NO. 24-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO ESTABLISHING
AND FIXING THE AMOUNT OF SPECIAL REAL PROPERTY TAX LEVY FOR POLICE
PROTECTION PURPOSES IN MONTE SERENO FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2024 AND ENDING ON JUNE 30, 2025
WHEREAS, the City of Monte Sereno adopted, and the voters approved by more than two-thirds of the votes cast at the November 8, 1983, election, Ordinance No. NS-22 which levied a parcel tax for police services as more specifically set out in Ordinance No.NS-22; and
WHEREAS, Ordinance No. NS-22 empowered the City Council, in its reasonable discretion and fiscal prudence, to suspend collection of all or part of the adopted and levied tax established therein.
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector for the County of Santa Clara be provided a certified copy of this Resolution and be instructed to collect one hundred fifty dollars ($150.00) per parcel, as provided in Ordinance No. NS-22, in the City of Monte Sereno for the fiscal year commencing July 1, 2024 and ending June 30, 2025.
This Resolution was PASSED and ADOPTED on the 18th day of June, 2024 at a duly held meeting ofthe City Council ofthe City of Monte Sereno, California, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
Evert Wolsheimer, Mayor
ATTEST:
_________________________________
Gloisy Gonzalez-Gonzalez, City Clerk
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Financial Policy Revision(s)
Recommendation(s):
Staff recommends the Monte Sereno City Council consider adoption of financial policy revision(s) to the current financial policies established in 2020.
Background Information:
The City of Monte Sereno adopted two financial policy resolutions previously. Those resolutions are Monte Sereno Resolutions 3090 and 3561.
In May of 2019, Management Partners was consulted to assess Monte Sereno’sfinancial policies. New policy language was adopted from the Management Partner’s report findings by the Monte Sereno City Council in Resolution 3766.
At a pre-budget City Council hearing on June 4th, 2024, The Monte Sereno City Council directed staff to amend policy language to provide options for Monte Sereno City Council to further address payments of unfunded pension liabilities.
Analysis:
More flexibility in payment options for the unfunded CalPERS Miscellaneous Plan will allow Monte Sereno City Council the option to prioritize finances annually during the budgeting process. One line was added to the policy language which enables flexibility.
Paragraph XI titled “Pension Funding” was modified by adding the last bullet. The changes are depicted in red in Attachment 1. The added language reads:
The City of Monte Sereno shall make contributions to the plan equating 100% of the actuarially required contribution (ARC) for the current year; however, in certain circumstances, the City Council may determine that it is fiscally prudent or in the best interest of the City to select an alternative payment contribution schedule as offered by CalPERS, including, but not limited to, a 10 or a 15-year amortization plan.
Fiscal Impact:
None.
Alternatives:
1. Adopt staff recommendations on new financial policy revisions provided in this report.
2. Amend staff recommendations in this report and adopt those amendments.
3. Provide no changes to the City of Monte Sereno financial policies currently in place.
Conclusion:
Acceptance of recommended staff changes to the current City of Monte Serena's financial policies will allow more payment options for the City or Monte Sereno. In addition, revisions to the financial policy will better serve the public through increased budgeting options.
Public Noticing:
The City of Monte Sereno’s council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno’s website located at www.montesereno.org.
Attachments:
Proposed New Recommended Financial Policy Language
Resolution
Core Values of Financial Sustainability
Financial Stability-The City of Monte Sereno will create financial stability to provide the community with a consistent and adequate level of public services. The City of Monte Sereno will take a long-term approach to its finances by developing and maintaining long-term plans, carefully weighing the cost and benefits of opportunities, and adhering to sound debt, reserve and investment policies.
Quality of Life and Local Economic Vitality-The City of Monte Sereno will provide effective and efficient services to ensure a safe andhealthy atmosphere for its residents and visitors while preserving andenhancing its unique cultural and environmental attributes.
Accountability and Financial Planning-The City of Monte Sereno will institute financial planning which will ensure city services are provided at the best value, and that services are in alignment with the needs and wants of the community.
Environmental and Economic Sustainability - The City of Monte Serena's financial strategy will support continued investment in the renovation and maintenance of physical infrastructure/facilities and in policies and programs that support a clean and healthy natural environment.
Transparency and Engagement - The City of Monte Sereno will be accountable for producing value for the community by producing, planning, and reporting mechanisms which make it clear how the city plans to use resources to achieve community objectives. The City of Monte Sereno is committed to engaging the public as a partner in formulating plans and delivering services.
Website Presentation of Financial Documents - The City of Monte Sereno will use its website to present financial documents of the city and other financial documents which may be of interest to the public.
Financial Policies
I. BUDGETING PROCESS
• The budget process begins each year in February with a Pre-Budget Policy meeting with the City Council goals, identifying upcoming issues that may affect the budget and a chance for the City Council to discuss policy issues that may impact budget preparation. Department Heads prepare estimates of revenues and departmental expenditures for submission to the Finance Director. The City Manager and Finance Director meet with each department to review the estimates and discuss requests. From these meetings, the preliminary budget is developed. The Capital Improvement Budget, which is part of the same document, follows the same process. • The City Manager is required to submit a preliminary budget to the City Council on or before May 15 th of each year. One or two public workshops are held in May and June to review the budget and receive public input. One formal public hearing is held in June, prior to budget ado ption. The Cit y Council must adopt an annual budget, by resolution, on or before June 30 for the coming fiscal year (July 1-June 30). If the budget is not adopted by that date, the current fiscal year budget, except for capital outlays, goes into effect until the budget is adopted. • A First Quarter and Mid-Year budget review will be conducted for the City Council to determine the status of projected revenues, expenditures, and other financial situations, along with consideration of needed budget amendments, A Third Quarter review will be included in the presentation of the upcoming fiscal year's proposed budget. An internal Fourth Quarter appropriation review is conducted, and budget amendments are presented to the City Council as needed. 18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
www.montesereno.org
II. BUDGETING POLICY
• The City of Monte Sereno will adopt an annual budget for the fiscal year beginning July 1st no later than June 30th of the same calendar year.
• The adopted budget will be balanced with the current year’s operating expenditures fully funded by the current year recurring revenues. If a balanced budget is not adopted, a specific plan will be presented to the City Council for returning the budget to a balancedposition. • Fund balance reserves for the General Fund will be used only for non-recurring expenditures such as capital projects, studies, etc. and not for on-going operations. If fund balance reserves are used for recurring (operational) expenditures, the City Council will be notified prior to adoption of the annual budget.
• The budget may be amended duringthe year as necessary by resolution of the City Council. • The City Manager is authorized to implement programs as approved inthe adopted budget.
Ill. CAPITAL IMPROVEMENT POLICY
• The City of Monte Sereno will identify the estimated costs and potential funding sources for each capital project prior to its submittal to the City Council for approval. • Capital projects involve the purchase or construction of major capital assets such as land; equipment; infrastructure; building or permanent improvements including additions, replacements, and major alterations; having a long-life expectancy; and costing $5,000 ormore. • Capital projects are funded by a variety of funding sources, which are often restricted for a specific purpose. Prior to a capital project being included in the annual budget, a determination must be made that the project is an appropriate use of the funds and that there is enough funding available.
IV. REVENUE POLICY
• The City of Monte Sereno shall use a conservative approach in projecting revenues. • Recurring expenditures will be funded by recurring revenue. • Recurring expenditure increases that exceed recurring revenue growth should not be approved. If recurring expenditure increases exceed recurring revenue growth, the City Council will be notified prior to adoption of the annual budget.
• One-time revenues may be used for one-time expenditures or enhancement of reserves. • Any new or expanded programs should be required to identify new funding sources and/or offsetting reductions in expenditures.
• The City of Monte Sereno shall update its user fees and charges periodically to recover the costs of providing that service for which a fee is charged. Each annual budget will differentiate between those services and associated expenditures which are subject to cost recovery and those which are not.
• All potential grants shall be carefully reviewed for matching requirements, maintenance of effort requirements, and on-going future expenditures requirements. • Intergovernmental grants will beevaluated to determinethelong-term operatingand maintenance costs associated with the grant.
V. RESERVE POLICY
Adequate reserve levels are a necessary component of the City of Monte Serena's overall financial management strategy. The specific purpose of the reserves is to provide funding to meet operational appropriation requirements if the City of Monte Sereno experiences shortfalls in the level of anticipated revenues or unanticipated expenses. It is the responsibility of the City Council to maintain a sufficient level of reserve funds to provide for the orderly provision of services to the citizens of the City of Monte Sereno. The City Council has the authority to decide the circumstances under which the reserves can be used. The City Manager makes recommendations as to the level of reserve funds necessary for prudent fiscal management. • Reserve levels shall bereviewed at least annually duringthebudget process to ensure that they are consistent with the conditions faced by the City of Monte Sereno. All uses of reserves require a resolution of the City Council or will be incorporated in the annual adopted budget. • The reserve policy for the General Fund requires that a minimum of one year of the current fiscal Page 59 of 181 year operating budget (expenditures) be reserved. If the General Fund reserve falls below the desired level, a specific plan will be presented to the City Council for returning the reserve to the desired level.
• Part ofthe annual budget review shall includesettingasideaprudent portionof eachyear's annual budget appropriations to be contributed to the City's reserve. • Whenever possible, if the city is aware of the need to budget for a large expenditure which may need appropriations for more than one fiscal year, it is the intent of the Council to try to reserve those funds incrementally over time, provided the appropriations for such a purpose comply with applicable laws.
• The City has areservethat consists of"restricted" and"unrestricted"funds. "Restrictedfunds" are those funds collected therein and can only be used for the specific purposes established by the applicable laws. "Unrestricted funds" are funds that have been appropriated to the City's reserve fundfor futureneeds but aresubjectto the discretion ofthe Council regardingthe manner in which they will be expended.
• Unrestricted funds shall be identified and designated by the Council for various purposes, which may be changed from time to time by the Council as deemedappropriate. • The reserve funds designated by the Council will be used only for the purposes designated.
VI. TRANSFER AUTHORITY
Thefollowingcriteria establishthe transfer authority for appropriations as setforthinthefiscal year budget. • Transfers between departments, within the same fund, will require City Manager approval. • Transfers between the capital expenditure classification and the operating expenditure classification can only be made with an approved City Council resolution. • Transfers between different funds can only be made with an approved City Council resolution. • The Finance/Administrative Services Officer will review all budget transfers and make recommendations to the City Manager.
VII. FISCAL MANAGEMENT AND INTERNAL CONTROLS
• The City of Monte Serena's independent auditor will perform an annual financial and compliance audit according to General Accepted Auditing Standards {GAAS) federal and state laws, and City of Monte Sereno rules and regulations.
• A system of effective internal controls will be maintained which assure only properly authorized expenditures, recordings of financial transactions, and accounting entries are executed and provide for the physical security of City of Monte Sereno funds and assets. • The City of Monte Serena's cash handling practices are also reviewed in conjunction with the independent audit.
• A competitive request for proposal, or RFP, will be issued every five years to evaluate and select and external auditing firm.
VIII. INVESTMENTS
• The City of Monte Sereno will continue to have a written investment policy statement, Resolution Number 3561, which may be changed, when necessary, by City Council resolution. The policy for investments in priority order is safety, liquidity, and yield. • The City Council will receive reports on the cash position and performance of City of Monte Sereno investments on a quarterly basis.
IX.CAPITAL ASSETS
• Assets exceeding the value of $5,000 are considered capital assets. • All assets will be maintained at a level that protects capital investment and minimizes future maintenance costs.
X. DEBT MANAGEMENT
• The City of Monte Sereno will not issue long-term debt to finance current operations. Debt financing should only be used for long-term capital improvement projects or purchases of capital assets, which Page 60 of 181 have a useful life exceeding the term of the financing. In addition, revenue sources shall be identified to allow for the principal, interest, and other related payments (debt service) of the long-term debt. • The City of Monte Sereno will seek to maintain a high credit rating through sound financial practices as a basis for minimizing borrowingcosts.
• The City of Monte Sereno will monitor all forms of debt. Annually, the status of all long-term debt will be reported to the City Council in the annual budget.
• The City of Monte Sereno will monitor its compliance with bond covenants and continuing disclosures if applicable.
XI. PENSION FUNDING
The City of Monte Serena's retirement plan for full time employees is provided through the California Public Employees Retirement System (CalPERS). The City of Monte Serena's contributions to the plan fluctuate each year based on an annual actuarial valuation. This variable rate employer contribution includes the normal cost of providing contracted benefits plus or minus an amortization of plan changes and net actuarial gains and losses since the last evaluation period. The Plan's Funded Ratio is an assessment of the need for future employer contributions based on the selected actuarial cost method used to fund the plan. The Unfunded Accrued Liability (UAL) is the present value of the future normal cost contributions for the service that has already been earned and is in addition to future normal cost contributions for active members. • The City of Monte Sereno shall make contributions to the plan equating 100% of the actuarially required contribution (ARC) for the current year; however, in certain circumstances, the City Council may determine that it is fiscally prudent or in the best interest of the City to select an alternative payment contribution schedule as offered by CalPERS, including, but not limited to, a 10 or a 15-year amortization plan.
• The City of Monte Sereno shall seek to make annual adjustment contributions to the plan equating to a 100% Funded Ratio. Previous year to current year adjustment contributions shall be budgeted as a separate recurring personnel expense. Adjustment contributions prior to the previous year shall be budgeted as a separate one-time personnel expense. If the Funded Ratio falls below 100%, a specific plan will be presented to the City Council for returning the Funded Ratio to the desired level. •
XII. OTHER POST EMPLOYMENT BENEFIT (OPEB) FUNDING
Varying benefits are provided according to the City's Memorandums of Understanding (MOU's) with each employee group. The City of Monte Sereno does not accrue funds in advance for Other Post Employment Benefit (OPEB) expense obligations.
• The City of Monte Sereno shall fund Other Post Employment Benefit (OPEB) expenses on a pay-asyou-gobasis andshall budget Other Post Employment Benefit (OPEB) expenses as a separate recurring personnel expense.
RESOLUTION NO. 3766.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AMENDING THE COMPREHENSIVE SET OF FINANCIAL POLICIES TO ADDRESS
PENSION FUNDING
WHEREAS, on June 2, 2020, the City Council of the City of Monte Sereno adopted Resolution No. 3766 which established a comprehensive set of financial policies which serve as a guideline for operational and strategic decision making related to financial matters; and
WHEREAS, the City Council desires to amend those policies to provide flexibility when funding the City's retirement plan for full time employees through the California Public Employees Retirement System.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO as follows:
Section 1. The City Council hereby approves and adopts the amended financial policies attached hereto as Exhibit A.
Section 2. This resolution shall supersede any conflicting provision of any previously adopted resolution, including Resolution No. 3766.
Section 3. If any section, sub-section, sentence, clause, or word in the Resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution.
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
REGULARLY passed and adopted this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Evert Wolsheimer, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2024 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement.
Recommendation(s):
Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2024 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement.
Background Information:
On May 7, 2024, the City Council passed Resolution 2024-3903 declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 18, 2024, as a public hearing to consider objections to the proposed removal of brush. The required posting has been completed and property owners have been notified by mail to remove brush in accordance with fire safety standards. The hearing is an opportunity for those objecting to the potential charges to come forward and be heard.
The City annually declares hazardous vegetation (brush) a nuisance due to fire danger and enters into a contract (along with other municipalities) with Santa Clara County to abate the hazardous vegetation (brush) not removed by property owners. It also authorizes the County, through a contract for services with the City, to remove the brush if the property owner fails to do so and to recover administrative service and abatement costs through an assessment on the property tax bill for each parcel. The focus of this program is the identification of perennial vegetation, brush, trees, and shrub in designated high fire hazard areas.
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. All property owners included on the abatement list were notified of this meeting.
Attachments:
Drafted Resolution
2024 Wildland Urban Interface (WUI) Area Non-Compliant List Reso No 24-3903 Declaring Hazardous Vegetation (Brush) a Public Nuisance (May 7, 2024) Wild Urban Interface (WUI) Map
Letter to Property Owners
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE
SERENO OVERRULING OBJECTIONS AND DETERMINING TO PROCEED
WITH BRUSH ABATEMENT
WHEREAS, the City Council adopted Resolution No. 24-3903 on May 7, 2024, which by its terms the Council did declare as a public nuisance all growing, located or existing upon streets, sidewalks, alleys or upon private property in the City; and WHEREAS, a Public Hearing was held on June 18, 2024 and no objections to the proposed removal of Brush were made or presented orally or in written form.
NOW THEREFORE, IT IS FOUND, ORDERED AND DETERMINED as
follows:
1. On June 18, 2024, the City Council elected to proceed under Chapter 2 of Title 8 of the Monte Sereno Municipal Code and did declare as a public nuisance all Brush growing, located or existing upon the streets, sidewalks, alleys and private property in the City, all as more particularly described in Resolution 24-3903 adopted on May 7, 2024.
2. The Council fixed Tuesday, June 18, 2024, at the hour 7:00 p.m. in the Council Chambers, City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California, as the time and place for hearing all objections to the proposed destruction or removal of Brush and the Fire Marshal did prepare Notices to remove Brush did, in the time and manner prescribed by Chapter 2 entitled “Weed and Brush Abatement” of Title 8 of the Monte Sereno Municipal Code, cause copies of the Notice to be conspicuously posted in three (3) prominent places in the City of Monte Sereno.
3. The City Council did hold a Public Hearing on June 18, 2024, and no oral objections to the proposed removal of Brush were presented, and the Hearing was closed on June 18, 2024.
4. The City Manager or City Engineer or their representatives is ordered to abate the nuisance declared by Resolution No. 24-3903 by having brush removed as specified in Chapter 2 of Title 8 of the Monte Sereno Municipal Code and, for this purpose, the City Manager or City Engineer or their representatives may enter upon private property to abate the nuisance. Before the City Manager or City Engineer or their representatives arrives, any property owner may remove brush at his or her own expense.
5. The City Manager or City Engineer or their representatives shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done and shall submit to the Council for consideration, hearing or objection, modification and confirmation, an itemized written report showing this cost, all as more particularly described in Chapter 2 of Title 8 of the Monte Sereno Municipal Code.
REGULARLY passed and adopted this18th day of June, 2024.
AYES:
NOES:
ABSENT:
APPROVED:
Evert Wolsheimer, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
Wildland Urban Interface (WUI) Enforced Safety Regulations 2024 Non-Compliant Properties
June 05, 2024
CITY OF MONTE SERENO
1 APN 41026001 WUI Letter MSE 100
Re-Inspection Date 05/29/2024 Inspector Tracey Oliver
Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.
[ X ] Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.
Situs Address 18327 LEXINGTON DR, MONTE SERENO
Property Owner Name FOSCATO CATHREN A TRUSTEE
Property Owner Address 18327 LEXINGTON DR, MONTE SERENO 2 APN 51011006 WUI Letter MSE 100
Re-Inspection Date 06/03/2024 Inspector Tracey Oliver
Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Create 100 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet (or to the property line).
Situs Address 18310 SARATOGA LOS GATOS RD, MONTE SERENO Property Owner Name MASON CAROLYN L TRUSTEE
Property Owner Address 18310 SARATOGA LOS GATOS RD, MONTE SERENO
RESOLUTION NO. 24-3903
RESOLUTION OF THE CITY COUNCIL
OR THE CITY OF MONTE SERENO
DECLARING HAZARDOUS VEGETATION (BRUSH)
A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
WHEREAS, Sections 39560 and the following of the Government Code of the State of California authorize the City of Monte Sereno to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person’s failure to do so, to remove or abate such hazardous vegetation (brush) at the owner’s expense, making the cost of that abatement a lien upon the property, and
WHEREAS, the City of Monte Sereno has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services, and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the City of Monte Sereno in the Hillside Areas identified and shown on the “Wild Land Urban Interface Fire Area” map (Attachment “A”) constitutes a public nuisance and should be abated immediately; and
WHEREAS, the Fire Department has mailed notices to property owners in the WildlandUrban Interface Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Monte Sereno and the City Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Brush is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of brush upon and adjacent to private property within the Wildland-Urban Interface Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be abated. The City Manager or designee shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.
BE IT FURTHER RESOLVED the City Clerk is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code.
DocuSign Envelope ID: 0BFBC98B-CE91-4B56-B437-9DC091EE5EC1
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected by June 1, 2024 or within the time specified in a written agreement with the Superintendent or the Superintendent’s representative, the City of Monte Sereno shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement action occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.
FURTHER RESOLVED, that on the 18th day of June, 2024 at a meeting of the City Council beginning at 7:00 P.M. in the Council Chambers, a public hearing will be held during which all property owners in Wildland-Urban Interface Fire Area in the City of Monte Sereno having any objections to the proposed abatement of brush will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monte Sereno, California, held on the 7
th day of May, 2024 by the following vote:
AYES: TURNER, ELLAHIE, MEKECHUK, CRAIG, WOLSHEIMER
NOES: NONE
ABSENT: NONE
BY_______________________________
Evert Wolsheimer, MAYOR
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
BY__________________________________
DocuSign Envelope ID: 0BFBC98B-CE91-4B56-B437-9DC091EE5EC1
City of Monte Sereno
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Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga. <<Date>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
Re: <<APN>> / <<Property Address>>
Dear Property Owner,
Your property is located in the designated Wildland Urban Interface (WUI) Hazardous Fire Area which requires defensible space to be maintained around all structures on your property. Defensible space is the buffer created when combustible vegetation is removed or reduced around a structure to slow or stop the spread of wildfire. On February 23, 2024, Santa Clara County Fire Department mailed to you a packet of information regarding the enforced applicable wildland fire safety regulations, available community wildfire preparedness workshops, and this year’s property inspection schedule mandating compliance of the enforced applicable wildland fire safety regulations before June 1, 2024.
Your property was recently re-inspected by the Santa Clara County Fire Department on <<Re-inspection date>>. At that time, your property was found to be non-compliant with the applicable wildland fire safety regulations. The noted violation details are listed below:
<<Violations>>
<<Inspector comments>>
On May, 7 2024, the Monte Sereno City Council passed a resolution declaring that hazardous vegetation (brush) growing to such size and such type in such locations as to constitute a fire hazard to the community may be declared a public nuisance which must be abated by the removal of said hazardous vegetation. For further particulars, please refer to said resolution.
We are informed by the City of Monte Sereno that the Monte Sereno City Council will hold a public hearing at the City Council meeting on Tuesday, June 18, 2024 @ 7:00
pm. For more information on this process, please contact the City of Monte Sereno at 408.354.7653 or visit https://www.montesereno.org.
At that time, all properties identified by the Fire Department as being non-compliant with the applicable wildland fire safety regulations will be declared to have hazardous conditions requiring abatement. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work.
If you do not bring your property into compliance, the City of Monte Sereno through its contractor, may perform any brush or weed removal at your expense and will be placed on your property tax bill for payment after legal requirements are met. If you would like more information about the hazardous vegetation abatement contractor services, please contact the County of Santa Clara Weed Abatement Program at 408.282.3145 or visit https://weedabatement.sccgov.org. For your convenience, a price list indicating the rates for the County Contractor is included below.
CITY OF MONTE SERENO
2024 COUNTY CONTRACTOR WEED ABATEMENT FEES
Please be advised that the property owner of any parcel found to be non-compliant on or after the deadline will be charged a processing fee of $546.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $884.00 per parcel.
A) DISC WORK*
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0 — 12,500 sq. ft. $290.77 $179.94 $470.71
12,501 — 43,560 sq. ft. $337.87 $224.94 $562.81
Larger than 1 Acre $149.63 $118.10 $268.11 (Per Acre)
*It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.
B) HANDWORK $5.09 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $6.45 PER 1,000 SF
MOWING 12 Foot Mower $6.45 PER 1,000 SF
D) LOADER WORK $152.44 PER HOUR
E) DUMP TRUCK $140.72 PER HOUR
F) BRUSH WORK $4.84 PER 100 SF
G) DEBRIS REMOVAL $55.70 PER HOUR
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga.
H) DUMP FEE 100% (Added to orders with debris removal at 100% of the dump site charge) Please note this program does not offer herbicide application as a method of abatement.
If you have questions about this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email [email protected].
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consideration and Appointment of a Resident as a Monte Sereno Representative on the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee
Recommendation(s):
Staff recommends that the City Council consider and appoint a resident as a Monte Sereno representative on the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee.
Background Information:
The Bicycle and Pedestrian Advisory Committee (BPAC) is an advisory committee established by the Santa Clara County Valley Transportation Authority Board of Directors that advises the Board on funding and planning issues for bicycle and pedestrian projects. It also serves as the countywide bicycle advisory committee for Santa Clara County. The committee is comprised of 16 members representing each of the 15 cities and the County. Each member serves for a term of two years.
The term of the City’s current representative, Barry Chaffin, is expiring and the City must make an appointment to this position for the two-year term that begins on July 1, 2024.
As a result of the City's recruitment, two (2) applications were received. Below are the names of the applicants:
Barry Chaffin (incumbent)
Marshall Anstandig
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:
Correspondence from VTA
B. Chaffin Application
M. Anstandig Application
March 25, 2024
Steve Leonardis
City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Subject: Appointment to VTA BPAC for the 2024-2026 Term Dear Mr. Leonardis:
This is to request that the City of Monte Sereno appoint its representative to VTA’s Bicycle & Pedestrian Advisory Committee (BPAC) for the two-year term.
The BPAC is a 16-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects in the county. As a VTA Member Agency, the City of Monte Sereno has one voting position on this committee.
The BPAC bylaws specify that each Member Agency appoints one individual as a representative of its local bicycle advisory committee. Member Agencies that do not have such a committee may appoint an individual interested in bicycle or pedestrian issues. BPAC Members are appointed for a two-year term that ends on June 30 of even-numbered years and may be re-appointed to multiple and consecutive terms. Members must live and/or work in Santa Clara County during their term, and cannot be staff of either VTA or the Member Agency they represent. All BPAC appointments require ratification by the VTA Governance and Audit Committee. A copy of the BPAC bylaws is attached for your convenience.
The term of Monte Sereno’s current BPAC representative, Barry Chaffin, has expired.
We request the City of Monte Sereno initiate the action necessary to either reappoint Mr. Chaffin or appoint another representative for the two-year term that begins on July 1, 2024. As a reminder, the appointing authority may remove or replace place its BPAC representative anytime during the term, subject to the replacement appointee meeting the stated eligibility requirements and ratification by the VTA Governance and Audit Committee.
When Monte Sereno has selected its appointee, please notify VTA in writing indicating your appointee’s name, full address and contact information. If appointing a new member, the memo should also include the appointee’s daytime telephone number, email address, and a brief biography (usually one or two paragraphs maximum that indicates their background, occupation, education, employer, how long they have lived in the area, etc.).
For expediency and surety, please scan and email the signed letter and/or mail the original to:
Steve Leonardis
March 25, 2024
e-mail: [email protected]
U.S. Mail: VTA Board Secretary
3331 North First Street, Building B
San Jose, CA 95134-1906
Your assistance with this appointment will be greatly appreciated. If you have questions, please contact either Michelle Oblena, Advisory Committee Coordinator, at [email protected] or (408) 464-7874 or myself at (408) 321-7578 or (408) 464-7740.
Sincerely,
Elaine F. Baltao
VTA Board Secretary
cc: VTA Office of the Board Secretary file
CITYOF MONTESERENO
VALLEYTRANSPORTATIONBICYCLE AND PEDESTRIAN
COMMITTEEAPPLICATION
Submit to: Of?ce of the City Clerk
18041 Saratoga—LosGates Road
Telephone: (408) 354—7635DFax:(408) 395—7653nEmail:[email protected] Submittal Deadline — 5:00 pm. June 14, 2024
Please type or print legibly
Last Name: Cha?in FirstName: Barry
Address“Via Bonita City: Monte Sereno Zip: 95030
Home Phone‘ WorkPhoneEmaim Fax: none
Present Employer: Self Job Title:
28 years Length of Residency in Monte Serene:
Previously Held Electedor Appointed
Governmental Positions
VTA BPAC
Monte Sereno Better Streets Commision
Position/Of?ce Held
Monte Sereno Representative 6/14—present
current vice chair — former chair 1/18—present
Civic or Charitable Organizations . . You Have Belonged To Posrtion/Of?ee Held Saratoga Music Boosters Logistics coordinator/event Treasurer 2008—2016 Midpen Openspace and SF Water District Trained trail patrol 2012-present Harvard Business School MBA 1994
Santa Clara University MSEE 1989
22eebde1~5b5a4701 -
i Dinilallysigned by 22eebde|~5h5347nh
Signature: boss-403drgdrazao EZiEZililZi?omw me Date: 6/13/2024 fage 1 of 2
I. If appointed, what qualities, experience and expertise would you bring to VTA BPAC? Extensive experienceusing the county bicycle and pedestrian networki Frequent contact and interaction withother users through my involvementin other organizations I have completed the League of American Bicyclists cycling safety course. I have management experiencefacilitating change. I have a strong desire to improvethe safety and effectivenessof all aspects of our transportation network,
2. Describe your involvement and/or experience with Countywide bicycle/pedestrian systems.
I am an avid cyclist and travel throughout the county on bicycle.I frequently leadbicycle rides with the Almaden Cycle touring club requiring a detailed understandingof local routes and the abilityto determinewhich streets are safe andwhich are dangerous.It also gives me experience understanding how cyclists?ow and interact with traf?c. I also frequently cycle in otherjurisdictionsand see how other communitiesmake improvements.
3. What do you consider major (or minor) issues facing the community/County regarding bicycle and pedestrian systems?
Safe and ef?cient routes for commuting and runningerrands without a car. "Last mile" access making public transportationviable.Speci?cally in Monte Serene: Highway 9 safety, safe routes to school,and improved bicycle and pedestrianaccess to parks and open space. Taking proper advantage of the fundsmake available from PropositionB.
4. What is it about this Commission that interests you? I am passionate about cycling and cyclingsafety. I have a desire to imrove out communtiy for cyclists,pedestrians, auto drivers, and users of public transportation,I enjoy serving the public in ways I can provide and unique and valuable contribution,
There issynergy between this position and theMonte Serene Better Streets Commission. The person holding this position shouldbe a member of both.
5. What is your understanding of the objectives of the BPAC? Advise the VTA Board of Directors on issuesrelating to bicyclists and pedestrians.This committee also doubles as the county BPAC and providesinputto Santa Clara county staff on similar issues.Represent Monte Sereno‘sinterests when/if appropriate.
CITY OF MONTE SERENO
VALLEY TRANSPORTATION BICYCLE AND PEDESTRIAN
COMMITTEE APPLICATION
Submit to: Office of the City Clerk
18041 Saratoga-Los Gatos Road
Telephone: (408) 354-7635 ϒFax: (408) 395-7653 ϒEmail: [email protected] Submittal Deadline – 5:00 p.m. June 14, 2024
Please type or print legibly
Last Name: Anstandig
Address:16151 Bachman Ave
Home Phone: 408-8394648
Email:[email protected]
Present Employer: MediaNews Group, Inc. and Santa
Clara University School of Law as an Adjunct Professor
Length of Residency in Monte Sereno: 25+
First Name: Marshall
City: Monte Sereno Zip:95030
Work Phone:
Fax:
Job Title: Senior VP/ General Counsel
Previously Held Elected or Appointed
Governmental Positions Position/Office Held Dates
Member & Chair of Site and Architecture Commission Member and Chairperson 2006-2008 Monte Sereno City Council Councilperson and Mayor (2) 2008-2018 Civic or Charitable Organizations
You Have Belonged To Position/Office Held Dates
Los Gatos Cycle and Racing Club Member 2002-2003
San Jose Ballet
San Jose Symphony
YWCA of Silicon Valley
Board Member
Board Member
Board Member
2002-2006
1998-2002
2002-2012
Education Degree Dates
Hope College, Holland, MI
Michigan State University College of Law
BA
JD
1971
1974
Signature: /s/ Marshall W Anstandig Date: June 11, 2024
1. If appointed, what qualities, experience and expertise would you bring to VTA BPAC? I have worked as a volunteer with City and County government for more than 12 years. I previously served on the VTA Advisory Board as a City Council person representing MS.
I have been actively cycling and competing for 40 years. Cycling and bike safety are a passion of mine. My legal background is also a plus.
2. Describe your involvement and/or experience with Countywide bicycle/pedestrian systems.
I have been cycling throughout the County for more than 26 years and familiar with some of the excellent bicycle safety measures enacted. I am also aware of other unsafe areas where improvements are needed.
I was also a member of the Perimeter Cycling Association in Arizona when I lived there and saw many improvements to bicycle safety and safety programs. I was also a volunteer as a “marshal” during the various Amgen Cycling Tour of California races.
3. What do you consider major (or minor) issues facing the community/County regarding bicycle and pedestrian systems?
A major concern in my opinion is the need for adequate funding to improve bicycle and pedestrian safety along with greater coordination implementing consistent safety programs from one city to another. The need for better coordination of safety systems on a city-by-city basis is very important.
4. What is it about this Commission that interests you? Serving the public and being an advocate for doing the “right thing” to improve bike and pedestrian safety is very important to me. I recently contacted the County and the City of Los Altos about a dangerous issue at an intersection on Foothill Expressway and they are addressing the issues.
5. What is your understanding of the objectives of the BPAC? The BPAC consists of 16 members representing the 15 cities and the County and with the support of the BPAC can be an effective critic and advocate for the safety of the community. Its objective is to advocate and advise the Board on the funding and planning of safety programs for bicycle and pedestrian projects. It is important to keep in mind that the safer cyclist and pedestrians are, the safer it is for motorists as well.
The BPAC also serves as the countywide bicycle advisory committee for Santa Clara County making the community safer for cyclists, pedestrians, and motorists as well.
STAFF REPORT
Meeting: City Council - Jun 18 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Consider and Approve Fiscal Year 2024 - 2026 Operating and Capital Budget and Adopt a Resolution Adopting the Proposed Fiscal Year 2024- 2026 Operating and Capital Budget.
Recommendation(s):
Staff recommends that the City Council consider and approve the FY 2024-2026 Operating and Capital Budget and adopt a resolution adopting the Proposed FY 2024-2026 Operating and Capital Budget.
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:
0 FY 2024-26 Proposed Budget Presentation (CC 06-18-2024) Final ver 06-14-2024 300 pm.docx
FY 2024-2026 Proposed Budget (Final Budget Book 6-14-2024 300 pm) Draft Resolution
FY 2024-2026 PROPOSED BUDGET
1 Executive Summary
FY 2024-2026 Proposed Budget
Revenue
Total FY 2024-25 Proposed Budget Revenue $5.8 million versus $5.8 million in the FY 2024 MidYear Budget. General Operating Revenues $4.8 million versus $4.7 million in the FY 2024 Mid-Year Budget, $0.1 million or +4.0% higher. This increase was primarily driven by higher property taxes.
Total FY 2025-26 Proposed Budget Revenue $5.4 million versus $5.8 million in the FY 2024-25 Proposed Budget. General Operating Revenues $4.9 million versus $4.7 million in the FY 2024-25 Proposed Budget, up +0.2 million.
Expenditures
Total FY 2024-25 Proposed Budget Expenditures $6.7 million versus $6.2 million in the FY 2024 Mid-Year Budget. Operating General Expenditures $4.7 million versus $4.5 million in the FY 2024 MidYear Budget, +$0.2 million increase or +5.3%. This increase was driven by higher staff salary and benefits.
Total FY 2025-26 Proposed Budget Expenditures $5.4 million versus $6.7 million in the FY 2024-25 Proposed Budget. Operating General Expenditures $4.8 million versus $4.7 million in the FY 2024-25 Proposed Budget, +$0.1 million increase or 2.4%.
Structural Surplus
FY 2024-25 Proposed General Fund budget had an estimated structural surplus of $25.5 thousand.
While the FY 2025-26 Proposed Budget had a estimated $146 thousand surplus.
Reserve Balances
FY 2024-25 Proposed Budget is expected to end the fiscal year at $5.2 million, while the FY 2025-26 Proposed Budget reserve balance is expected to by $5.2 million.
2 FY 2024-26 Proposed Budget
Revenues – General Fund
3 • FY 2024-25 General Operating Revenues $4.7 Million (+$180k higher versus FY 2023-24 Mid-Year Budget).
FY 2025 Proposed Budget General Operating Revenue is expected to increase $180k, or 4% to $4,718k. Property Taxes $2,991k (63% of total revenue); License & Permits $807k (17% of total revenue), Franchise Taxes $476k (10% of total revenue) and interests account for 94% of total general revenue. Property taxes assumed a 5% growth over FY 2024 Mid-Year Budget. License and Permit fees included a 2.6% fee rate increase and Franchise Fees are estimated to be up 7.5% due to increase utility and garbage rates to consumers.
4 • FY 2025-26 General Operating Revenues $4.9 Million (+$231 higher versus FY 2024-25 Proposed Budget)
FY 2026 Proposed Budget General Operating Revenue increased $442k or +4.9% to $4,949k. Staff assumed a 5% increase in Property Taxes to $3,140k; increase License and Permit fees to $847k and Franchise Tax to $500k from the FY2025 Proposed Budget. The City continues to invest in a laddered T-Bill strategy most of the General Reserve Funds ($4.6 million) earning approximately 5%.
Secured property, Unsecured, Homeowners’ Exemption and supplemental taxes per Santa Clara County Assessor’s Estimate of FY 2024 property taxes. FY 2025 Proposed Budget include potential property tax growth of 5.0%.
Below is a 2024/2025 Secured Real Property Growth Compared to 2023/2024 property rolls obtain from the Santa Clara County Assessor’s Office.
5 FY 2024-26 Proposed Budget
Expenditures – General Fund
6 • FY 2024-25 General Operating Expenditures $4.7 Million (+$236k higher versus FY 2023- 24 Mid-Year Budget).
• Personnel $1.9 Million, $155.8k higher versus FY 2023-24 Mid-Year Budget (41% of total General Operating Expenditures)
- FY 2025 and FY 2026 Salaries and Benefits follow the MOU adopted on July 1, 2023. Includes salary increase FY 2025 & FY 2026 4% COLA and all the health benefit allowance increase rate. 9 FTE Staff and 1 Part-time Staff in FY 2025 to FY 2026.
Number of Employees FY 2024 FY 2025 FY 2026
FTE: 8 9 9
Part-Time: 2 1 1
7 • Law Enforcement $1.2 Million, $7.2k lower versus FY 2023-24 Mid-Year Budget: (26% of total General Operating Expenditures.
FY 2023-24 Mid-Year Budget had COPS ELEAS pass-thru grant at $150k vs. $100k in the FY 2024-25 Proposed Budget.
• Administration $603 Thousand, $144k higher versus FY 2023-24 Mid-Year Budget (13% of total General Operating Expenditure)
- FY 2025 Proposed Budget increase primarily driven by Engineering/Public Works Consultants (+$120k and Plan Check Building Official (+$24k) offset by decrease office supplies (-$11k). • General Government $440.9 Thousand, $36.7k lower versus FY 2023-24 Mid-Year Budget: (9% of total General Operating Expenditures)
- FY 2025 Proposed Budget Lower by $37k vs FY 2024 Mid-Year Budget – Lower professional services -$36k, Support Low Income & Homeless Housing -$30k offset by Election 2024 +$15k and higher liability insurance premiums +$34k.
• FY 2025-26 General Operating Expenditures $4.8 Million (+$110k higher versus FY 2024- 25 Proposed Budget).
• Personnel $2.0 Million, $58k higher versus FY 2024-25 Proposed FY 2025 Budget (41% of total General Operating Expenditures)
Used 4% COLA rates in the MOU along with increase allowance rates for health benefits. • Law Enforcement $1.3 Million, $34k higher versus FY 2024-25 Proposed Budget: (26% of total General Operating Expenditures.
Used 2.5% COLA increase plus $100k for ELEAS COPS Grant • Administration $603 Thousand, $144k higher versus FY 2024-25 Proposed Budget (13% of total General Operating Expenditure)
Used 3% COLA increase except for Contract Services flat to the FY 2025 Proposed Budget of $440k with no increase.
8 Structural Surplus
• FY 2025 Proposed Budget is expected to be $25.5k. This estimate is lower from the last Budget Study Review Session #2 as noted below:
• FY 2026 Proposed Budget surplus is expected to be $146k.
9 FY 2024-26 Proposed Budget
General Projects, PMP and CIP
Draw from Reserves
$880k (FY 2025) and $128k (FY 2026)
FY 2025 Proposed General, PMP and CIP Projects:
10 1) Flock Cameras
$111,000 – Draw on the general fund
Flock Cameras: As part of the Monte Sereno City Council’s Annual Goal setting process under the goal category Public Safety, it was voted unanimously by the Monte Sereno City Council to explore the installation of a Flock Camera system. The annual operation costs of the system are expected to be $50,000 sourced from the General Fund as an annual operating expense. The one-time installation for the Flock Camera system is expected to cost $60,000, sourced from the Capital Improvement Budget.
2) City Hall Maintenance Project – Exterior Painting
$25,000 – Draw on the general fund
Exterior Painting: The main office building located at the Monte Sereno Civic Center has not been painted in over 10 years. The building is approximately 3,000 square feet and is one level. The estimated cost to pain the building is $25,000, sourced from the General Fund/Building Maintenance account.
3) Unfunded Accrued Liabilities (UAL) – Classic ($52.3k) & PEPRA ($5.8k) $52,303 – Classic UAL – Draw on general fund
$5,809 – PEPRA UAL – Draw on general fund
IV. PENSION FUNDING
The City of Monte Serena's retirement plan for full time employees is provided through the California Public Employees Retirement System (CalPERS). The City of Monte Serena's contributions to the plan fluctuate each year based on an annual actuarial valuation. This variable rate employer contribution includes the normal cost of providing contracted benefits plus or minus an amortization of plan changes and net actuarial gains and losses since the last evaluation period. The Plan's Funded Ratio is an assessment of the need for future employer contributions based on the selected actuarial cost method used to fund the plan. The Unfunded Accrued Liability (UAL) is the present value of the future normal cost contributions for the service that has already been earned and is in addition to future normal cost contributions for active members. • The City of Monte Sereno shall make contributions to the plan equating 100% of the actuarially required contribution (ARC) for the current year; however, in certain circumstances, the City Council may determine that it is fiscally prudent or in the best interest of the City to select an alternative payment contribution schedule as offered by CalPERS, including, but not limited to, a 10 or a 15-year amortization plan.
• The City of Monte Sereno shall seek to make annual adjustment contributions to the plan equating to a 100% Funded Ratio. Previous year to current year adjustment contributions shall be budgeted as a separate recurring personnel expense. Adjustment contributions prior to the previous year shall be budgeted as a separate one-time personnel expense. If the Funded Ratio falls below 100%, a specific plan will be presented to the City Council for returning the Funded Ratio to the desired level.
11 Unfunded Accrued Liabilities – Classic
12 Unfunded Accrued Liabilities - PEPRA
13 4) General Plan Revised
$87,500 – Draw on general fund
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning” (Government Code 65300). The General Plan is updated every 15-20 years. The current Monte Sereno General Plan was adopted in 2008, except for the Housing Element which was most recently adopted in April 2024. One of the Programs required by the Housing Element is to update the remainder of the General Plan. Staff is currently working to get a consultant’s proposal to assist in updating the General Plan. Staff anticipates the update will span two fiscal years, starting in FY 24/25 and finishing in FY 25/26.
The Community Planning Fee, which is collected on building permits issued, is a revenue source for the updating of the General Plan.
5) Capital Improvement, PMP and General Projects
$600k – Draw on the general fund
14 Description of 2024-25 Proposed Pavement Improvement Project:
Established Constraints:
1. Annual expenditures for the pavement improvement project are limited to $310K (in 2021 dollars adjusted for inflation, approximately 5%/year) in accordance with the 2022 Pavement Management Plan adopted by the City Council May 3, 2022.
2. Project limits, scope of work, and renovation specifications are based on local conditions and financial limits.
Twin Creeks Road (Aquinas Creek Bridge to Via Caballero):
The full width of Twin Creeks Road is proposed for inclusion in the 2024 pavement improvement project for the following reasons:
1. Twin Creeks Road from the bridge at Aquinas Creek to intersection of Via Caballero has a pavement condition index rating of 56 which is at the low end of the City’s Street condition evaluation defined as “Poor/At Risk”.
2. In 2023, the City Council approved the Annual Pavement Improvement Program that listed Twin Creeks Road as one of the options for street improvements. City funds were limited, and this street was not included with the 2023 program. Staff pushed this project to be included in the following 2024 program.
3. The condition of this corridor reflects excess surface deterioration which qualifies for a rehabilitation treatment known as a thin Asphalt Concrete (AC) overlay with digouts as needed. Dig-outs are areas where the section of asphalt has failed and has begun deflecting and/or breaking apart. The dig-out sections will be removed down to the native soil and rebuilt with base rock prior to resurfacing with asphalt.
West Ellenwood Avenue (Ellenwood Avenue to the northerly end):
1. This section of West Ellenwood Avenue was part of the 2022 PIP but had to be suspended due to limited funding.
2. West Ellenwood Avenue’s PCI is 30, in the “Very Poor” category.
3. A portion of Ellenwood was previously resurfaced with available funding; however, the remainder of the corridor remains to be completed.
4. Approximately 500 feet of the street remains to be resurfaced, including the cul-desac at the end.
5. This portion of the project will also receive an asphalt concrete overlay with dig-outs as needed.
15 Description of Additional Capital Improvement Projects:
Daves Avenue Safety Improvement (One-Oak Lane to Via Vaquero):
1. The project proposed to analyze the S-curves of Daves Avenue to find and construct safety improvements for pedestrians, bicycles, and motor vehicles that can be promptly implemented.
2. A history of accidents has been recorded over the years, usually in conjunction of excessive speeds and/or impaired driving.
3. Multiple meetings including the City Council, an ad hoc committee (Mayor Mekechuk and Councilmember Turner) and neighborhood outreach groups has directed the staff to focus on speed humps and potential sidewalk improvements along the corridor.
Community Center Building Project
Conversion of the existing Annex Building and addition of adjacent space to create a community space inclusive of ADA accessibility improvements.
1. Staff have bid the project for the second time. Construction costs once again exceeded the allocated funding for the project. Staff will revise once more in an attempt to scope a project within the budget for Council direction and approval.
City Hall Green Stormwater Infrastructure Project
Retrofit of the City Hall parking lot with green stormwater infrastructure to meet the requirements of the Municipal Regional Stormwater NPDES Permit consistent with the City’s GI Plans Green Stormwater Infrastructure Plan adopted in August 2019.
Due to possible impacts with the community center project, this project will follow the community center to avoid construction conflicts.
16 Cash Flow of Fund Reserves
FY 2024-2025 Proposed Budget
17 FY 2026 Proposed General, PMP and CIP Projects:
18 Cash Flow of Fund Reserves
FY 2025-2026 Proposed Budget
19 Fund Balances
➢ FY 2024-25
➢ FY 2025-26
20 FY 2024-25 Reserve Levels
$4,692,719 Total FY 2024-25 Proposed General Fund Expenditures $4,668,445 Total Proposed FY 2025 Reserve Balance – June 30, 2025 $ 24,274 11.9 months reserves
$4,668,445 divided by $4,692,719 times 12 months equals 11.9 months reserves FY 2025-26 Reserve Levels
$4,803,108 Total FY 2025-26 Proposed General Fund Expenditures $4,736,925 Total Proposed FY 2026 Reserve Balance – June 30, 2026 $ 66,183 11.8 months reserves
$4,736,925 divided by $4,803,108 times 12 months equals 11.8 months reserves
21 GANN Calculation
FY 2024-25 Proposed Budget
CITY OF MONTE SERENO
FY 2024-2025 APPROPRIATIONS LIMIT
Per Capita Change 1.0362
* Population Change 1.0051
Calculation Factor FY24-2025 = 1.0362 x 1.0051 1.0415
FY 23-24 Limit $8,572,759 x 1.0415 $8,928,528
Appropriations Subject to Limit $6,698,331
Appropriations under Limit $2,230,197
* On June 5, 1990, the California electorate passed Proposition 111 which modified the method of adjusting the annual appropriations limit. Beginning with the 1990-91 appropriations limit, the City may choose from the following indices when determining the adjustment factor:
The annual growth in the City’s population OR the annual growth in the County’s population as provided by the State Department of Finance.
AND
The annual growth in the California Per Capita Personal Income OR the growth in the non-residential assessed valuation due to new construction within the City.
In computing the 2024-2025 appropriations limit, the population growth of the City of Monte Sereno and the California Per Capita Personal Income change were used.
22 Capital Improvement Projects - Five Year Plan
Background and discussion
The Five-Year Capital Improvement Plan (CIP) is a planning tool designed to identify facilities and infrastructure improvements which will be considered for development over a five-year time frame beginning in FY 2021-22 through FY 2025-26. This item includes CIP tables showing improvements and their currently estimated expenses as well as identified revenues for funding those improvements. The CIP is a companion portion of the budget process for the fiscal year 2021-2022 budget.
A 5-Year CIP is useful in:
• Identifying long-term capital improvement objectives with direction from Council • Identifying possible funding opportunities
• Enhancing coordination and communication between other entities involved in the development of capital projects
• Increasing alignment between infrastructure and facilities projects and the Council’s goals, objectives and annual budget process
• Increasing the awareness of planned capital projects for the public and community partners
23 The CIP is intended to be dynamic in nature and will change from year to year as priorities, needs and funding change. The CIP is a guide for the consideration, selection, and development of roads, drainage facilities, and other City facilities. There will be continual refinement of this information moving forward.
Staff is meeting with the City Council at the Budget Workshop to review the CIP improvements and priorities, estimated costs, and revenues. This CIP will be updated for the FY 2021-22 budget to incorporate Council comments and new information received.
The following tables are included:
Funding Sources - Revenues show the revenue sources for the capital projects included in Figure 1.
Project Expenses shows capital projects included in this year’s budget as well as the next four fiscal years for road resurfacing, drainage infrastructure, and other City facilities.
Projects selected for Pavement Management Program are prioritized based on annual condition assessment and the timing of major projects by West Valley Sanitation District, San Jose Water Company, and PG&E.
FISCAL, RESOURCE AND TIMELINE IMPACTS
This CIP shows rough estimated expenses and revenues to fund the City’s future capital projects through FY 2025-26. Many of the expense estimates are very preliminary and are anticipated to change as scopes and designs move forward on the respective projects. Figures will be updated as better information becomes known.
PROJECTS
Pavement Management Program (Annual) - Annual street maintenance program to preserve and repair surface conditions on public streets, funded upon Council direction from the pavement management study conducted in 2019 (an updated study is scheduled to be completed in late 2024).
FY24/25 Pavement Management Program funds will be used to complete the Twin Creeks Road and West Ellenwood Avenue projects, described below. Any remaining funds will be considered for general street maintenance.
Twin Creeks Road (FY24/25) This project will enhance Twin Creeks Road from the Aquinas Creek Bridge to Via Cabellero. The treatments may contain new asphalt overlays, cape seals and dig-outs for failed sections.
West Ellenwood Avenue (FY24/25) This project will continue and finish the resurfacing and rehabilitation of West Ellenwood Avenue. The treatments may contain new asphalt overlays, cape seals and dig-outs for failed sections.
Monte Sereno Community Center (FY24/25, carry over from FY20/21 Annex Building and City Hall Parking Lot) Conversion of Annex Building to Community space inclusive of ADA accessibility improvements. This project has been publicly bid for a second time and found to be too expensive by the City Council. Staff is preparing a third set of scaled down plans for bidding for the City Council to review and provide direction on the possible construction of this project.
24 Highway 9 Safety Improvements Gap Closure (FY25/26) Completion of pedestrian improvements of the Highway 9 Phase 2 Improvement Project. Project is in design and needs to be resubmitted to Caltrans for approvals. Staff is pursing funding sources for this project.
Striping on Daves Avenue (FY24/25) Design and construction of striping for traffic movement and bike and pedestrian safety on Daves Avenue, to be completed concurrent with pavement maintenance under the Pavement Management Program.
.
J Mame Serene Residents
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Reserve Balances
COMMUNITY
LITTERREMOVAL
PROGRAM
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
ADOPTING THE BUDGET FOR THE CITY OF MONTE SERENO FOR THE FISCAL YEAR 2024-2026 AND MAKING APPROPRIATIONS THEREFORE
WHEREAS, there has been presented to this City Council for its consideration and adoption an annual budget (“Budget”) for the City of Monte Sereno for the Fiscal Year 2024- 2026; and
WHEREAS, the City Council has considered the Budget; and WHEREAS, the City Council has approved the FY 2024-25 Budget, the total amount of operating expenditures for all funds is $4,692,719 and the total amount of the capital budget for all funds is $2,005,612 for a total Budget of $6,698,331.
WHEREAS, the City Council has approved the FY 2025-26 Budget, the total amount of operating expenditures for all funds is $4,803,108 and the total amount of the capital budget for all funds is $595,612 for a total Budget of $5,398,720.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that the Budget is hereby adopted as the Budget for the City of Monte Sereno for the Fiscal Year 2024-2026.
BE IT FURTHER RESOLVED that amounts set out as expenses in the Budget for the purposes expressed therein are hereby appropriated.
REGULARLY passed and adopted this 18th day of June, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_____________________________________
Evert Wolsheimer, Mayor
ATTEST:
_________________________________
Gloisy Gonzalez-Langarica, City Clerk
From: Suzanne Jackson
To: Lionel Allan
Cc: Bryan Mekechuk; Burton Craig; Kirsten Powell; Evert Wolsheimer; Gloisy Gonzalez-Langarica; Javed Ellahie; Rowena Turner; Steve Leonardis
Subject: Re: Item 9: budget proposal
Date: Monday, June 17, 2024 2:38:44 PM
I agree with you.
On Mon, Jun 17, 2024 at 7:32 AM Lionel Allan <[email protected]> wrote:
Dear Council
The State, the County, San Jose and Los Gatos all have financial problems because they are spending more money than they are taking in from taxes and other current revenue sources.
Historically, Monte Sereno has not spent more money than it was currently receiving and thus avoided the financial woes of those entities that engaged in deficit spending.
This proposed budget requires a large drawdown from our Reserve Funds. With respect, I urge the Council to be fiscally responsible and not engage in deficit spending.
Lon Allan
LIONEL M. ALLAN
408 421 8170
[email protected]
www.lonallan.com
From: Lionel Allan
To: Evert Wolsheimer; Burton Craig; Rowena Turner; Javed Ellahie; Bryan Mekechuk Cc: Steve Leonardis; Gloisy Gonzalez-Langarica; Kirsten Powell Subject: Item 9: budget proposal
Date: Monday, June 17, 2024 7:32:28 AM
Dear Council
The State, the County, San Jose and Los Gatos all have financial problems because they are spending more money than they are taking in from taxes and other current revenue sources.
Historically, Monte Sereno has not spent more money than it was currently receiving and thus avoided the financial woes of those entities that engaged in deficit spending.
This proposed budget requires a large drawdown from our Reserve Funds. With respect, I urge the Council to be fiscally responsible and not engage in deficit spending.
Lon Allan
LIONEL M. ALLAN
408 421 8170
[email protected]
www.lonallan.com