AMENDED AGENDA
City of Monte Sereno
Tuesday, October 15, 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 October 1, 2024 Regular City Council Meeting
Staff recommends approval of the Minutes of the October 1, 2024 Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
5 - 9
2. Approve Warrant List Dated October 15, 2024 in the amount $280,610.80
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-24-172 - Pdf
10 - 11
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
3. Consideration of and Appointment to a City of Monte Sereno Council Ad Hoc Committee for Renewal of the Los Gatos-Monte Sereno Police Agreement for Law Enforcement Services
Staff recommends the Monte Sereno City Council consider creation of an Ad-hoc Committee and appoint two members of Council to work on the Los Gatos-Monte Sereno Police Department (LGMSPD) Agreement for Law Enforcement Services.
Staff Report - SR-24-174 - Pdf
12 - 24
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.
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 - Oct 15 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the October 1, 2024 Regular City Council Meeting Recommendation(s):
Staff recommends approval of the Minutes of the October 1, 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:
10-01-24 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
October 1, 2024
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Wolsheimer called the meeting to order.
PLEDGE OF ALLEGIANCE
Santa Clara County Fire Battalion Chief La Fuente 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 Clerk Gonzalez-Langarica, Interim City Manager Perkins, City Attorney Powell
Staff – Remote: None
ORDERS OF THE DAY
None.
ANNOUNCEMENTS
None.
PRESENTATIONS
1. Santa Clara County Fire Department Annual Presentation by SCCFD Deputy Chief of Training Dennis Lollie, SCCFD Deputy Chief Mark Shumate and SCCFD Fire Battalion Chief Jim La Fuente.
ORAL COMMUNICATIONS
Resident Alexander, neighbor to the City office, spoke regarding an email sent to the Mayor in regards to the Community Center. She has suggested that a survey be given to the residents to find out what it is that the residents want. She also expressed she is against having the entrance off Highway 9 closed off. She expressed there are things Council should take into consideration, as the neighboring residents will be the most affected by the changes.
WRITTEN COMMUNICATIONS
Public comment was received from resident Alexander and if available on the agenda posted online.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
2. Approve the Minutes of the September 17, 2024 Regular City Council Meeting
3. Approve Warrant List Dated October 1, 2024 in the amount $54,815.65
4. Creation of City Manager Search Ad Hoc Committee
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 Item #2 and Item #4 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 Turner.
VOTE: Motion passed. (4-0-1 Abstain: Mekechuk)
PUBLIC HEARING
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
5. Consider and Accept the City Manager's Report Covering April 1, 2024 through September 30, 2024.
Interim City Manager Perkins 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 Councilmember Mekechuk to Accept the City Manager's Report Covering April 1, 2024 through September 30, 2024. Seconded by Vice Mayor Craig.
VOTE: Motion passed. (5-0-0)
COMMITTEE/COMMISSION REPORTS
Vice Mayor Craig stated nothing to report.
Councilmember Ellahie stated nothing to report.
Councilmember Turner stated nothing to report.
Councilmember Mekechuk reported that the Valley Transportation Authority Policy Advisory Committee will be having a meeting next week and inquired on Vice Mayor Craig’s availability to
attend this meeting his behalf. Councilmember Mekechuk reported Silicon Valley Clean Energy has a meeting next Wednesday he will be able to attend and then on Thursday they will be having a ribbon cutting at a solar farm 2 hours east from Palm Springs that he will also be attending.
Councilmember Mekechuk also shared that after the next City Council meeting, he will be traveling to Long Beach to attend the League of California Cities Annual Conference. Lastly, Councilmember Mekechuk shared both the Police and Finance Ad Hoc Committee met today.
Mayor Wolsheimer reported that the Silicon Valley Animal Control meeting was canceled due to a lack of quorum. Mayor Wolsheimer shared that both he and Interim City Manager Perkins attended a meeting last week with the West Valley Mayors and Managers. Mayor Wolsheimer shared that overall, it was a good and informative meeting.
COUNCILMEMBER COMMENTS
Vice Mayor Craig shared regarding updated news that the governor signed a new bill, AB 2715; this is a bill that would authorize an additional closed session to consider or evaluate matters related to cybersecurity.
CITY MANAGER’S REPORT
Interim City Manager Perkins shared as of Monday; the City Hall has a new fire alarm system in place.
FUTURE AGENDA ITEMS
Mayor Wolsheimer would like, as a future agenda item, a discussion of the future of the Better Streets Commission.
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 7:57 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, Interim City Manager Perkins
RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 8:12 p.m. with Mayor Wolsheimer, Vice Mayor Craig, Councilmember Mekechuk, Councilmember Turner and Councilmember Ellahie.
CLOSED SESSION REPORT
Mayor Wolsheimer stated that there were no reportable actions.
ADJOURN
Mayor Wolsheimer adjourned the meeting at approximately 8:40 p.m.
Evert Wolsheimer, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Oct 15 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Approve Warrant List Dated October 15, 2024 in the amount $280,610.80 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:
Warrant List 10-15-2024
Check # Payable to: Description Amount
20980 Association of Bay Area Governments 09/01/24 FY'25 Levelized Natural Gas Charges $ 227.36 20981 Alana Consulting, LLC 06/16/24-09/30/24 Plan Check Services $ 38,680.89 20982 Apex Asphalt Paving
Asphalt Removal and Installation - Road Repair on
Austin Way $ 3,550.00
20983 BMI Imaging Systems Web Hosting of Archived Records $ 225.00 20984 Brooks San Jose Intial Fee - Pest Control Services $ 175.00 20985 Cadillac Designs, Inc. Graphic Design, Street Signs, Staff T-shirts $ 2,245.79 20986 California Building Standards
California State Bldg Standards Commission Special
Revolving Fund fee For July- Sep 2024 $ 194.00
20987 CIVICPLUS
Full Service Supplement Subscription for On-Line
Municipal Code Services $ 2,358.65
20988 County of Santa Clara - Techno FY 24/25 GIS Services $ 1,000.00 20989 Crystal Springs Water Co Sept - Bottled Water Service for City Hall $ 78.00 20990 Delta Dental of California Sep-Oct Delta Dental Insurance Services $ 1,644.86 20991 Department of Conservation
California State Strong Motion Implementation Program
Fees July- Sep 2024 $ 659.00
20992 Diana Perkins Reimbursement for Zoom Monthly Fee $ 87.97 20993 Dicar Networks, Inc. Monthly IT Managed Services $ 3,339.00 20994 DKG Consultants Finance Consultant $ 16,300.00
20995 Frontier Communications Telephone Service for City Hall - 9/19/2024-10/18/2024 $ 114.67 20996 Heidi's Commercial Cleaning Weekly Cleaning and Supplies for City Hall $ 750.00 20997 MissionSquare - 301546 Aug/Sep 2024 457B Employee Contribution $ 5,495.52 20998 Pinpoint Talent, LLC Accountant Temp Services $ 5,180.00 20999 SANDIS
Stormwater Treatment Plans for City Hall (Required GSI
Project) $ 2,700.00
21000 Skane Mills, LLP Legal Seevices - Padgett v. Wright, et al. $ 1,170.00 21001 Town of Los Gatos Finance Depa Aug/Sep Police Services $ 189,252.34 21002 AFLAC Insurance $ 540.34
21003 Daryl Jordan Reimbursement for Gas for City Truck $ 97.46 21004 San Jose Water Water Usage - 7/29/2024-9/27/2024 $ 179.96 21005 State Compensation Insurance Fund Workers compensation insurance $ 766.50 21006 Vision Service Plan Vision Insurance $ 260.37
21007 COMCAST Monthly Internet Services - 10/10/24-11/9/2024 $ 211.67 21008 Corodata Records Management Inc Records Container Rental fee $ 10.00 21009 Frontier Communications Telephone Service for City Hall - 9/28/2024-10/27/2024 $ 104.74 21010 Pacific Gas & Electric Electricity Services for City Hall - 8/8/2024-9/8/2024 $ 57.85 21011 RICOH USA, INC. Copier Machine Services - 10/4/2024-11/3/2024 $ 480.23 21012 Pacific Gas & Electric
Electricity Services for City Hall - 8/8/2024-9/8/2024
plus previous statement outstanding balance $ 2,016.31
21013 Pacific Gas & Electric
Electricity Services Rose Andrews Lighting District -
8/15/2024-9/13/2024 $ 51.02
21014 Pacific Gas & Electric Electricity Services City Hall - 8/15/2024-9/13/2024 $ 212.37 21015 Pacific Gas & Electric
Electricity Services Loma Sereno Lighting District -
8/15/2024-9/13/2024 $ 193.93
TOTAL $ 280,610.80
CITY OF MONTE SERENO
CHECK REGISTERS
CHECK DATE: OCTOBER 7-9, 2024
STAFF REPORT
Meeting: City Council - Oct 15 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Consideration of and Appointment to a City of Monte Sereno Council Ad Hoc Committee for Renewal of the Los Gatos-Monte Sereno Police Agreement for Law Enforcement Services
Recommendation(s):
Staff recommends the Monte Sereno City Council consider creation of an Ad-hoc Committee and appoint two members of Council to work on the Los Gatos-Monte Sereno Police Department (LGMSPD) Agreement for Law Enforcement Services.
Background Information:
Police Services Agreement
The current agreement for police services is due to expire June 30, 2025. The agreement for these services should be renewed prior to this date. Any potential amendments or changes to the agreement require approval of both the Monte Sereno City Council and the Los Gatos Town Council.
Police Services Ad Hoc Committee
The City Council of Monte Sereno utilizes ad-hoc committees as subcommittees of the City Council for special assignments to complete tasks and projects which are later presented for Monte Sereno City Council consideration. Ad hoc committee assignments are for one-year terms and expire automatically unless renewed annually after their original inception. While ad hoc committees are not subject to Brown Act requirements regarding agendas and open meetings, any permanent or standing committees created by the City Council are subject to such requirements, even if less than a quorum of the Council sits on such committees. Thus, ad hoc committees should be limited in scope and duration.
On October 17, 2023 the City Council adopted Resolution 23-3893 (Attachment 2) which established the Police Services Ad Hoc Committee and appointed Vice Mayor Craig and Council member Mekechuk to the Ad Hoc Committee with the following purpose:
“. . . to work with the City Manager to review the police requirements and needs of the City of Monte Sereno, evaluate available providers for police services, review the existing contract with the Town of Los Gatos and explore funding opportunities for police services . . .”
This Ad Hoc Committee will expire on October 16, 2024.
Analysis:
The updated police services agreement is still under review and the draft document is still being prepared, which will be brought to the City Council for consideration as well as to the Los Gatos Town Council. In order to maintain an ad hoc committee to continue to work on the update agreement, a new Committee must be established. Attached is a draft resolution (Attachment 3) to establish a new Ad Hoc Committee with the following purpose:
“. . . to work with the City Manager to determine the police service needs of the City and appropriate terms for a new contract. . .”
Public Noticing:
The City of Monte Sereno’s City Council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno’s website located at www.montesereno.org.
Attachments:
1. Current Agreement for Law Enforcement Services
2. Resolution 23-3983
3. Draft Resolution to Establish a New Police Services Agreement Ad Hoc Committee
AGREEMENT FOR LAW
ENFORCEMENT SERVICES
CLERK DEPARTMENT
AGR
iI1H
C3 - - - Ri3 .
RESCs
This Agreement for Law Enforcement Services ( "Agreement ") is entered into by and between the TOWN OF LOS GATOS ( "Los Gatos" hereinafter) and the CITY OF MONTE SERENO ( "Monte Sereno" hereinafter), both municipal corporations and general law cities located in the County of Santa Clara, State of California.
RECITALS
A. Los Gatos has its own police department and Monte Sereno does not.
B. Monte Sereno has contracted with Los Gatos since 1995 for police services and desires to continue services through an amended and restated contract and provide for police protection within its boundaries pursuant to this Agreement.
C. This independent contractor Agreement is entered into pursuant to provisions of Government Code Sections 55631 through 55634, and any and all other applicable authority.
D. Los Gatos and Monte Sereno desire to enter into a 10 (ten) year agreement effective July 1, 2015.
E. This Agreement is an independent contractor agreement and is not a joint employer arrangement between Monte Sereno and Los Gatos.
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, Los Gatos and Monte Sereno agree as follows:
AGREEMENT
1. GENERAL PROVISIONS.
a) This Agreement for Law Enforcement Services is effective July 1, 2015, and thereafter the provisions herein supersede and replace any previous Agreement or Amendments executed by the parties.
b) In this agreement the word " Chief' means Chief of Police of the Town of Los Gatos.
c) The Chief of Police of Los Gatos and his staff shall have authority and control over the manner and means of the overall operations and the procedural manner in which the police services are performed under this agreement. On or before the 1st day of April of each year of this Agreement, the Chief of Police of Los Gatos shall consult
with the Monte Sereno City Manager on service level issues and the parties may modify this Agreement as necessary to meet the needs of Monte Sereno subject to approval by the City and Town Council of each entity.
d) The Chief or a member of the Chiefs staff will attend Monte Sereno City Council meetings on a bi- annual basis and provide performance measures to the City of Monte Sereno City Council. These performance measures shall include crime statistics, response times and traffic enforcement trends and /or significant crime report summaries as well as patrol service hours provided for the prior six month period. In addition, the City of Police or a member of the Chief's staff shall submit reports at least quarterly, unless otherwise agreed to by the parties, to the Monte Sereno City Manager detailing the incidence of crime in the City of Monte Sereno and the hours of service provided to Monte Sereno.
e) Los Gatos and Monte Sereno shall cooperate in the preparation and submission of applications for government law enforcement grants for police services in and for the City of Monte Sereno. Los Gatos and Monte Sereno agree that there is a mutual benefit to such efforts. Los Gatos and Monte Sereno also agree that either may independently pursue grants and shall be individually responsible therefore. f) Responsibility for the selection, assignment and discipline of Police personnel and other matters incident to the performance of services and the control of personnel shall remain exclusively with Los Gatos. Formal complaints regarding the conduct of Los Gatos Police personnel may be submitted by the Monte Sereno City Manager to the Chief of Police. Such complaints shall be promptly investigated and the outcome communicated to the complainant.
g) Employee relations and related issues, including but not limited to Los Gatos employee salaries and benefits, shall be the sole and exclusive responsibility of Los Gatos.
2. SERVICE PROVISIONS.
A. General Services. Los Gatos shall provide police protection services to Monte Sereno for and during the term of this Agreement and any extension or extensions
thereof. Services shall be the same as those provided to the Town of Los Gatos and include the following:
i. The enforcement of State Statutes and Municipal Ordinances of Monte Sereno, except such Municipal Ordinances of the type which would require special training of officers or of a type of enforcement that is contracted by Los Gatos to a third party or other public agency. Nothing herein contained shall preclude enforcement by Los Gatos personnel of the above - excepted ordinances;
ii. Patrol officer services for an average of 80 hours per week'; iii. Traffic enforcement';
iv. Community Service Officer services;
V. Investigations by detectives of all cases meeting the assignment criteria being used by Los Gatos;
Vi. 24 -hour per day communications services to include:
a. 9 -1 - 1 service
b. Police dispatching
c. After -hours dispatching of non - police services
Vii. Police Records Specialist service;
Viii. Collateral Specialty Teams and Additional Programs /Resources offered in the Town of Los Gatos including, but not limited to, Crime Scene Investigations, Traffic Investigation Team, Volunteers in Policing, Neighborhood Watch, Vacation Check Program, and Reserve Officer Program;
ix. Coordination of police resources in the event of a major disaster or emergency that necessitates the activation of the Emergency Operations Center ( "EOC ") in the Town of Los Gatos as more specifically detailed in Section 2b below.
Patrol and Traffic hours include activity and patrol time expended in Monte Sereno, and all other related administrative duties including, but not limited to, booking of evidence, report writing, case follow -up for cases originating in Monte Sereno. Service hours shall also include "beat preparation" time and " securing from beat' time at the rate of ten percent ( 10 %) of the above references hours.
B. Emergency Preparedness. In the event of a major disaster or emergency in Monte Sereno that necessitates the activation of the E. O. C., the Town of Los Gatos shall open the E. O.C. for use by Monte Sereno and activate the E. O. C. based on the needs of the disaster. A Police Department representative shall immediately be dispatched to the E. O. C. and report to the Monte Sereno Director of Emergency Services City Manager). A Command Officer will respond as soon as possible and will assume responsibility of working with Monte Sereno City officials as needed. The Town of Los Gatos shall maintain the E. O.C. and the E. O. C. infrastructure.
For the purpose of performing all of the services provided for in this Agreement, Los Gatos shall provide personnel, supervision, communications, equipment and supplies necessary to maintain the services to be rendered; provided, however, if in the sole judgment of the Chief or his /her designee, an emergency arises in Los Gatos which requires temporary diversion of officers and vehicles from Monte Sereno, the same may be diverted to Los Gatos on an emergency basis, and to the extent emergencies in Monte Sereno require additional police support, the Chief or the Chiefs staff may divert personnel and vehicles from Los Gatos to Monte Sereno for any emergencies.
3. AUTHORITY
a) The authority for assignment, control and discipline of Los Gatos officers and employees and other matters incident to the performance of services by Los Gatos under this Agreement, and the control of Los Gatos personnel shall remain with Los Gatos.
b) Monte Sereno shall designate the Los Gatos Chief as its Chief in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code sections 36501, et seq.), said Chief to function and operate in conformity with the terms of this Agreement.
4. WORKERS' COMPENSATION LIABILITY AND INSURANCE
PROVISIONS
a) Monte Sereno shall not be liable for payment of salaries, wages or other forms of compensation to any Los Gatos personnel performing services hereunder, including
personnel performing indirect services hereunder, such as police management personnel, watch commanders, background investigators, community service officers, police communications personnel and police clerical personnel. It is understood and agreed that for such purposes all such Los Gatos personnel performing either direct or indirect services to Monte Sereno hereunder shall be deemed employees of Los Gatos while acting in or for Monte Sereno pursuant to this Agreement. Los Gatos shall maintain Workers' Compensation Insurance covering all Los Gatos personnel performing services under this Agreement.
b) Los Gatos shall indemnify, defend, and hold harmless Monte Sereno, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of Los Gatos and its employees as set forth in this Agreement.
c) Monte Sereno shall indemnify, defend, and hold harmless Los Gatos its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of Monte Sereno and its employees as set for in this Agreement.
d) Los Gatos and Monte Sereno shall each maintain its own liability insurance coverage, through self- insurance or otherwise, against any claim of civil liability arising out of the performance of this Agreement. However, the maintenance of such insurance shall in no way reduce the obligation of either party to indemnify, defend and hold harmless either party or its officers, agents and employees.
5. PAYMENT FOR SERVICES
a) A year, for the purposes of this Agreement, is the period beginning on July 1st and ending on June 30th.
b) Annual Base Rate. For the services outlined in Section 2 above, beginning July 1, 2015, Monte Sereno agrees to pay Los Gatos the annual base rate of $712, 787. 00 Base Rate "). The Base Rate includes an overhead rate built into annual base amount and includes but is not limited to: supplies, materials, facilities and vehicle costs, as well as administrative time for the Town Attorney, Town Manager's Office, Human Resources Department and Finance Department. Included in the Base Rate is $ 35,853. 84 for the
cost to maintain the EOC facility, the EOC infrastructure and for activation of the EOC in the event of a disaster or emergency as required in Section 2b. Any additional Town services furnished to Monte Sereno in the event of a disaster or emergency are not covered under this agreement.
c) Supplemental Law Enforcement Services Fund. In the event the City of Monte Sereno is awarded monies from the Supplement Law Enforcement Services Fund SLESF) from the State of California, Monte Sereno will grant those funds to Los Gatos for additional police services agreed upon by the parties within 30 days of receipt of the monies from the State of California. Los Gatos will provide 416 hours of additional traffic enforcement within the city limits of Monte Sereno in exchange for the $ 100, 000. 00 awarded by the State of California. Should SLESF funding not be awarded to Monte Sereno, or if SLESF funding is eliminated from the State budget, then Monte Sereno shall be required to pay Los Gatos an additional $ 100, 000.00 above the Base Rate or agree to a reduction in police services commensurable with the reduction in $ 100,000.00 funding from SLESF.
d) Significant Crimes. In the event of a significant crime or crimes in Monte Sereno which includes, but is not limited to, kidnapping, homicide, hostage event, serial assault/robbery and /or other high level critical incident, Los Gatos will track incident time for these events. When it appears to the Chief of Police, in his /her sole discretion, that a significant crime or crimes will involve 320 hours or more of investigative hours in a year, the Chief of Police will so inform the Monte Sereno City Manager and discuss the necessary staffing levels. If the investigative hours required for a significant crime or crimes result in Los Gatos performing more than 900 hours of investigative work in a Year, Los Gatos shall provide Monte Sereno with an accounting of the total investigative hours broken down between the significant crime or crimes and general investigations and Monte Sereno agrees to pay for any additional investigative services over 320 hours for the significant crime or crimes in a year at the actual cost to Los Gatos to provide the services.
e) Los Gatos shall provide the Monte Sereno City Manager with a monthly statement for 1/ 12 of the Base Rate in the monthly amount of $59, 398.92 and the same shall be due and payable on or before the fifteenth ( 15th) day of the month next
succeeding the month during which any such statement is mailed or delivered. All such statements shall be delivered to Monte Sereno as is specified in Section 7 ( b) of this Agreement.
f) The Base Rate set forth in 5( b) shall increase yearly based on the Average Annual Consumer Price Index for benefits for the 12 -month period ending December of the proceeding calendar year plus 2 %. Parties agree to use the U. S. Department of Labor, Bureau of Labor Statistics Employment Cost Index, and Benefit Index for State and Local Government Workers. In no event shall the annual increase exceed 6. 0 percent.
g) In the event of a substantive change in personnel costs to the Town of Los Gatos, including the reduction in police department workforce, such that the services provided to Monte Sereno are affected, the parties may negotiate for amended terms to this agreement.
h) E. O. C. Pursuant to Section 2, Monte Sereno is entitled to use the E.O.C. for 240 hours within each Year of the contract. Use is defined based on any single occupancy of the facility, regardless of length of time, and subject to availability. Monte Sereno is entitled to first priority to use the E. O.C. second only to Los Gatos. In the event the need for the E. O. C. is based on a disaster or emergency that effects Los Gatos and Monte Sereno, the parties agree to work cooperatively to share the E. O. C. and the E.O. C. infrastructure. Additional use of the E. O. C. beyond the 240 hours will be billed to Monte Sereno at a rate of $124. 00 per day, regardless of length of time and subject to availability.
This daily rate will increase at a rate of 3% each year. 0) Crime laboratory fees, booking fees, and fees associated with the Santa Clara County Automated Fingerprint System ( Cal ID), charged by the County of Santa Clara, or any other city, county or state agency, for incidents originally occurring in Monte Sereno shall be paid by the City of Monte Sereno, directly to the County of Santa Clara or applicable public agency and are not included in this Agreement. 0) No other costs of any kind, including but not limited to capital projects, construction, equipment, or unforeseen personnel actions, will be added to the costs of the services unless specifically addressed in this Agreement.
k) Any and all property acquired by Los Gatos under and pursuant to this Agreement shall be and at all times remain the property and responsibility of Los Gatos without any division or distribution thereof upon termination of this Agreement, except as otherwise agreed upon in writing. Property acquired by Monte Sereno shall remain the property and responsibility of Monte Sereno, except as Monte Sereno cedes such property to Los Gatos for the performance of services under this Agreement. 1) The consideration provided to be paid to Los Gatos will not result in any surplus money and no monies shall be subject to refund to Monte Sereno at any time during or after the termination of this Agreement, unless there is overpayment.
This Agreement shall be effective July 1, 2015 and be operative through June 30, 2025, subject to the following cancellation provision:
a) The Town of Los Gatos commits to providing law enforcement services for a three year period July 1, 2015 — June 30, 2018.
b) During the period July 1, 2018 — June 30, 2025 either Los Gatos or Monte Sereno may unilaterally with or without cause cancel this Agreement upon at least one year written notice to the other party.
c) This Agreement may also be canceled or amended as of any date by written mutual agreement of both parties.
7. MISCELLANEOUS
a) No person is intended to or shall be a third party beneficiary to this Agreement.
b) Any notice required by this Agreement shall be mailed or delivered to the Town of Los Gatos at 110 E. Main Street, Los Gatos, California 95032, Attention: Chief and to the City of Monte Sereno, 18041 Saratoga -Los Gatos Road, Monte Sereno, California, 95030, Attention: City Manager. A party's address may be modified by addressee's giving written notice of such modification to the other party calling specific attention to this Agreement.
c) If any provision of this Agreement shall be held to be invalid, such provision shall be severable and such invalidity shall not impair the validity of any other provision of this Agreement.
d) The waiver of either party of any violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent reach or violation of the same term or condition. e) In any legal action or proceeding brought for enforcement of this Agreement, the successful party shall be entitled to recover reasonable attorney' s fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the last day and year set forth below.
CITY OF MONTE SERENO
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TOWN OF LOS GATOS
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Date
RESOLUTION NO. 23-3893
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
ESTABLISHING THE POLICE SERVICES AD HOC COMMITTEE
WHEREAS, the City of Monte Sereno (City) has entered into an agreement for the Town of Los Gatos (Town) to provide police services to the City (Agreement); and WHEREAS, the Agreement expires on June 30, 2025; and
WHEREAS, the Town needs to plan staffing levels, recruit, and train officers, and prepare capital and operating budgets; and,
WHEREAS, it is desirable for a new agreement to be entered into for the Town to provide police services to the City by March 31, 2024, for a term starting July 1, 2025.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that City Council hereby forms the Police Services Ad Hoc Committee effective October 17, 2023, until no later than October 16, 2024, to work with the City Manager to review the police requirements and needs of the City of Monte Sereno, evaluate available providers for police services, review the existing contract with the Town of Los Gatos and explore funding opportunities for police services; and
BE IT FURTHER RESOLVED that Council Member Craig and Mayor Mekechuk are hereby appointed to the Ad Hoc Committee.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 17th day of October, 2023 by the following vote:
AYES: CRAIG, ELLAHIE, TURNER, WOLSHEIMER, MEKECHUK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Approved:_____________________________
Bryan Mekechuk, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
DocuSign Envelope ID: 77BC64F0-73AC-4971-84F9-35E963777276
RESOLUTION NO. 24-####
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
ESTABLISHING THE POLICE SERVICES AGREEMENT AD HOC COMMITTEE WHEREAS, the City of Monte Sereno (City) has entered into an agreement for the Town of Los Gatos (Town) to provide police services to the City (Agreement); and WHEREAS, the Agreement expires on June 30, 2025; and
WHEREAS, on October 16, 2023, the City Council established the Police Services Ad Hoc Committee to work with the City Manager to determine the police services needs of the City, evaluate service providers and review the existing contract; and WHEREAS, in order to have a new agreement in place prior to the expiration of the current agreement, the City Council desires to establish a new ad hoc committee to work with the City Manager to finalize the terms for a new agreement.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that City Council hereby forms the Police Services Agreement Ad Hoc Committee effective October 16, 2024, until no later than July 1, 2025, to work with the City Manager to determine the police service needs of the City and appropriate terms for a new contract; and BE IT FURTHER RESOLVED that ___________________ and _________________ are hereby appointed to the Ad Hoc Committee.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 15th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:_____________________________
Evert Wolsheimer, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk