Monte Sereno City Council
December 17, 2024

AGENDA
City of Monte Sereno
Tuesday, December 17, 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

ADMINISTER OATH OF OFFICE

1. Administration of Oath of Office and Seating of Newly elected City Councilmembers

CITY COUNCIL REORGANIZATION

2. City Council Reorganization

1. Remarks by Outgoing Mayor

2. Election of Mayor and Vice Mayor

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.

3. Approve the Minutes of the December 3, 2024 Regular City Council Meeting
Staff recommends approval of the Minutes of the December 3, 2024 Regular City Council Meeting.

Staff Report -SR-22-148 - Pdf
6 - 11

4. Approve Warrant List Dated December 10, 2024 in the amount of $54,035.20
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-24-208 - Pdf
12 - 14

5. Adopt a Resolution Declaring Noxious and Dangerous Weeds and Rubbish, Refuse, and Dirt to be a Public Nuisance and Setting a Public 15 - 19

Hearing Date and Time and Consider All Objections to the Proposed Destruction or Removal of Weeds, Dirt, Rubbish, or Other Hazardous Material
Staff recommends the City Council adopt a resolution declaring noxious and dangerous weeds and rubbish, refuse, and dirt to be a public nuisance and set January 21, 2025 at 7:00 p.m. as the Public Hearing date and time to hear and consider all objections to the proposed destruction or removal of weeds, dirt, rubbish or other hazardous material. The Public Hearing will be held both virtually via the Zoom application and in the Council Chambers, City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California.

Staff Report - SR-24-204 - Pdf

6. Consideration of Amendment to the West Valley Clean Water Program Authority Joint Powers Agreement to Rename the Authority Adopt the draft Resolution and approved the Amendment to the Joint Powers Agreement Creating The West Valley Clean Water Program Authority to change the name of the Authority to West Valley Stormwater Authority and authorize the City Manager to take all actions necessary to implement the name change.

Staff Report - SR-24-202 - Pdf
20 - 29

7. Consideration to Authorize the City Manager to Execute an Agreement with Pinpoint Talent for Temporary Accounting Staffing.

Staff recommends that the City Council authorize the City Manager to execute an agreement (Attachment 1) for professional services with Pinpoint Talent.

Staff Report - SR-24-207 - Pdf
30 - 44

PUBLIC HEARINGS

UNFINISHED BUSINESS

8. Consideration of a Resolution to Amend the Acceptance of the Donation of the John Steinbeck Arroyo de Ajo Sign and $5,000 to Install the Sign and Display at City Hall
Staff recommends that the City Council adopt the draft Resolution and amend the acceptance of the donation of the John Steinbeck Arroyo de Ajo Sign and $5,000 to install the sign and display at City Hall.

Staff Report - SR-24-206 - Pdf
45 - 48

NEW BUSINESS

9. Recognition of Outgoing City Commissioners
Site and Architectural Commission:

Allison Zeidler

Better Streets Commission:

Liz Lawler
Natalia Nazarova

10. Consideration and Approval of the 2025 City Council Meeting Schedule Staff recommends the City Council consider the 2025 City Council meeting and event schedule and cancel the regular City Council meetings of July 1, 2025 and July 15, 2024.

Staff Report - SR-24-203 - Pdf
49 - 51

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 - Dec 17 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the December 3, 2024 Regular City Council Meeting
Recommendation(s):

Staff recommends approval of the Minutes of the December 3, 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:
12-03-24 Regular Meeting Minutes DRAFT

MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

December 3, 2024

MEETING CALLED TO ORDER
At approximately 7:05 p.m., Mayor Wolsheimer called the meeting to order.

PLEDGE OF ALLEGIANCE
Los Gatos-Monte Sereno Chief of Police Jamie Field 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 and City Attorney Powell
Staff – Remote: None

ORDERS OF THE DAY
None.

ANNOUNCEMENTS
None.

PRESENTATIONS

1. Monte Sereno Police Services Presentation Report January - June 2024 by Chief of Police Field and Captain Alvin.

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

ORAL COMMUNICATIONS
None.

WRITTEN COMMUNICATIONS

None.

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

2. Approve the Minutes of the November 19, 2024 Special and Regular City Council Meeting

3. Approve Warrant List Dated November 26, 2024 in the amount of $132,505.12

4. Adoption of Ordinance No. NS-243, an Ordinance of the City Council of the City of Monte Sereno Amending Section 13.01.030 (Advisory Agency designated; approval authority), Section 13.01.050 (Application and adoption by reference of Subdivision Map Act), section

13.03.020 (Parcel maps (four or less lots)—Preparation, filing and recording), 13.02.300 (Lot lines, corner lots, irregular-shaped lots, setbacks), and Section 13.02.285 (Lot line adjustments for legally created lots).

5. Adoption of Ordinance No. NS-242, an Ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions), Section 10.05.020 (R-1-44 Residential District); Section 10.05.030 (R-1-20 Residential District), Section 10.05.040 (R-1-8 Residential District), Section 10.05.043 (RM-Multi-Family Residential District), Section 10.05.045 (Public ("P") Zoning District/Public/Residential Multi-Family District), Section 10.23.050 (Grounds for Accommodation), and Section 10.23.060 (Directors’ Hearing)

6. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF)
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, 4, 5 and 6 on the Consent Calendar. Seconded by Councilmember Turner.

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)

PUBLIC HEARING
None.

UNFINISHED BUSINESS

7. Discussion and Consideration of the Future Use of the City Hall Auxiliary Building and Site Interim City Manager Perkins provided a report and answered questions from the Council.

Discussion ensued.

Mayor Wolsheimer opened the item for Public Comment.

Public Comment
• Former Mayor Allan
• Resident Shannon
• Resident Connelly

With no one else wishing to speak, Mayor Wolsheimer closed Public Comment.

MOTION: Motion by Vice Mayor Craig to ask staff to investigate options for use of the Auxiliary Building and Council Chambers and bring back a staff report at the January City Council meeting. Seconded by Councilmember Mekechuk.

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

NEW BUSINESS

8. Consideration of Three Applications and Appointment to Fill Two Vacancies on the Monte Sereno Better Streets Commission
City Clerk Gonzalez-Langarica provided a report and answered questions from the Council.

Discussion ensued.

Mayor Wolsheimer opened the item for Public Comment.

Public Comment
• Applicant Kirkbride
• Applicant Zeidler
With no one else wishing to speak, Mayor Wolsheimer closed Public Comment.

MOTION: Motion by Councilmember Mekechuk to Appoint Resident Zeidler and Resident Kirkbride to fill the Two (2) Vacancies on the Monte Sereno Better Streets Commission to serve a term ending December 31, 2026. Seconded by Councilmember Ellahie.

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

9. Consideration of Three Applications and Appointment to Fill Three Vacancies on the Monte Sereno Site and Architectural Commission
City Clerk Gonzalez-Langarica provided a report and answered questions from the Council.

Discussion ensued.

Mayor Wolsheimer opened the item for Public Comment.

Public Comment
• Applicant Srivastava
With no one else wishing to speak, Mayor Wolsheimer closed Public Comment.

MOTION: Motion by Councilmember Turner to Appoint Resident Srivastava, Resident Connelly and Resident Allan to Fill the Three (3) Vacancies on the Site and Architectural Commission to serve a term ending December 31, 2026.

Seconded by Vice Mayor Craig.

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

10. Recognition of and Remarks from Outgoing City Councilmember Mayor Wolsheimer recognized Councilmember Turner for her service and commitment to the City of Monte Sereno.

Councilmember Ellahie provided remarks.

Remarks by Outgoing Councilmember Turner
Councilmember Turner thanked her fellow Councilmembers and City staff.

An award was presented to Councilmember Turner on behalf of the City of Monte Sereno.

Mayor Wolsheimer opened the item for Public Comment.

Public Comment
• Former Mayor Allan
With no one else wishing to speak, Mayor Wolsheimer closed Public Comment.

COMMITTEE/COMMISSION REPORTS
Vice Mayor Craig stated nothing to report.

Councilmember Ellahie stated nothing to report.

Councilmember Turner shared she will still be attending the next West Valley Sanitation District meeting happening next week.

Councilmember Mekechuk reported the Valley Transportation Authority Policy Committee December meeting was cancelled. No meetings will take place for West Valley Clean Water Authority and West Valley Solid Waste Management Authority, as they are quarterly meetings.

Silicon Valley Clean Energy Authority is meeting next week.

Mayor Wolsheimer reported he attended the Silicon Valley Animal Control Authority meeting last week for a closed session. Mayor Wolsheimer shared he, Vice Mayor Craig and Interim City Manager Perkins will be attending the West Valley Mayors and Managers meeting.

Councilmember Mekechuk asked Mayor Wolsheimer to welcome the new Town Manager of Los Gatos at his first meeting with the West Valley Mayor and Managers on behalf of Monte Sereno.

COUNCILMEMBER COMMENTS
Councilmember Ellahie shared he will not be able to attend this upcoming Saturday’s Holiday Parade.

Councilmember Mekechuk shared he will be volunteering his truck for the parade, which will be decorated by Christmas items that the City has.

CITY MANAGER’S REPORT
Interim City Manager Perkins shared City Hall will be closed for the holidays from Tuesday, December 23, 2024 through Wednesday, January 1, 2025 and reopen on Thursday, January 2, 2025.

FUTURE AGENDA ITEMS
None.

ADJOURN
Mayor Wolsheimer adjourned the meeting at approximately 9:15 p.m.

Burton Craig, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Approve Warrant List Dated December 10, 2024 in the amount of $54,035.20
Recommendation(s):

Staff recommends the City Council approve the Warrant List.

Background Information:

The attached Warrant List represents City bills that are pending payment until the City Council approves the Warrant List.

Analysis:

At the October 15, 2024 City Council meeting, Council Member Ellahie requested that information about the total revenues and expenditures be provided to the Council with the Warrant List. The following table shows the actual expenditures and revenues for the current fiscal year and how they compare with the budgeted amounts:

FY 24/25 Expenditures and Revenues Compared with Budgeted Amounts Item FY Budget Actual Through
Nov. 30, 2024
(41.2% of FY)
% Spent/Received
of Fiscal Year
Expenditures 4,692,719 $1,993,788 42.5%
Revenues 4,718,200 $1,363,654 28.9%
Based on this information, the expenditures are in line with the budgeted amounts to date. The revenues to date appear to be low and that is mainly due to the property tax revenues that have not yet been received. Of the total budgeted revenue, property tax is the majority with $2,990,600 (63% of the total revenue). Property tax revenues are received in December/January of each year and also in April/May.

Fiscal Impact:

There are no unbudgeted fiscal impact with this agenda item.

Public Noticing:

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

Attachments:

Warrant List 12-10-2024

Check # Payable to: Description Amount
21079 Association of Bay Area Governments Natural Gas Charges (invoice AR037203) $ 113.68 21080 Crystal Springs Water Co Monthly Bottled Water for City Hall (account 064614) $ 8.00 21081 Delta Dental of California
Employee Dental Insurance for December 2024
(invoice BE006329763) $ 587.45
21082 Frankie's Awards Plaque for Out-goining Council Member $ 196.88 21083 Frontier Communications City Hall Telephone Service 11/19/24-12/18/24 $ 103.15 21084 Heidi's Commercial Cleaning Monthly Cleaning Service for City Hall (invoice 024) $ 750.00 21085 KEVIN HARPER Financial Consulting Services for Nov 2024 $ 3,782.00 21086 Logan & Powell, LLP City Attorney Services (invoices 7034-7035-7036) $ 10,698.00 21087 M-Group
Consulting Services for General Plan Update (invoice
20048727) $ 17,658.75
21088 Pacific Gas & Electric
Electricity Services 10/8/2024-11/5/2024 (Accounts
9204198567 and 9120865239) $ 562.66
21089 Porter Capital Corp
Accountant Consulting Serivces 11/11/24-11/17/2024,
11/25/2024-12/8/2024 (Invoices 8536, 8580, 8600) $ 9,065.00 21090 Ridley Master Legal Services for Padgett Case (invoice 48661) $ 282.00 21091 Skane Mills, LLP Legal Services for Padgett Case (invoice 42000) $ 1,072.50 21092 State Compensation Ins Fund
Worker's Compensation Insurance (Invoice
1002384767) $ 766.50
21093 Town of Los Gatos Finance Department Transfer of SLESF/COPS funds to Town of Los Gatos $ 8,333.33 21094 US BANK
Credit Card Statement Oct and Nov: Office Supplies
($804.53), Online Permitting Web Server ($537.04),
Constant Contact ($176), Clear Gov Online Budget Info
($3,038.87), Harrasement Prevention Training
($233.91), League of California City Conference for
Interim City Manager ($1,338.12), AED for City Hall
($1,732.51), Building Inspector/Code Enforcement
Certification Renewal ($240), City Hall Phone System
($953.81), Hotel and Meeting for League of California
Cities Annual Conference Attendance ($584.32), Gas
for City Truck ($90.06), League of California Cities
Council Member Conference/Hotel ($2,109.58), Sage
Accounting Software User Licenses ($681.38), City
Shirts for Building Inspector ($189.36).
21095 Wells Fargo Bank Final Credit Card Statement for Previous Credit Card $ 55.30 TOTAL $ 54,035.20

CITY OF MONTE SERENO

CHECK REGISTERS
CHECK DATE: December 10 2024

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Adopt a Resolution Declaring Noxious and Dangerous Weeds and Rubbish, Refuse, and Dirt to be a Public Nuisance and Setting a Public Hearing Date and Time and Consider All Objections to the Proposed Destruction or Removal of Weeds, Dirt, Rubbish, or Other Hazardous Material
Recommendation(s):

Staff recommends the City Council adopt a resolution declaring noxious and dangerous weeds and rubbish, refuse, and dirt to be a public nuisance and set January 21, 2025 at 7:00 p.m. as the Public Hearing date and time to hear and consider all objections to the proposed destruction or removal of weeds, dirt, rubbish or other hazardous material. The Public Hearing will be held both virtually via the Zoom application and in the Council Chambers, City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California.

Background Information:

The City has a weed abatement process set forth in the City’s Municipal Code in Chapter 8.02.

As a first step, the City Council adopts a resolution declaring the existence of a nuisance caused by weeds, brush, dirt, and other similar hazards existing on properties within the City (Municipal Code Section 8.02.050). The resolution identifies the problem properties and creates a deadline to address problem conditions. Per the Municipal Code, the owners must clean up those problem conditions within 30 days, unless that period is extended by written agreement with the City Engineer/Fire Marshal. Notice is given to the property owners by posting and by mailing, once the City Council adopts the resolution declaring the nuisance.

The resolution declaring the nuisance also sets the date for a public hearing for submitting objections by the affected property owners. After the 30-day period has passed, the City Council has a public hearing for considering objections to why the City should not cause abatement to take place on any parcels where the owners have not cleaned up their weeds, brush, dirt, and other hazards.

Analysis:

The Santa Clara County Consumer and Environmental Protection Agency’s Weed Abatement Program, of behalf of the City, inspects properties for fire hazards due to overgrown weeds, brush, dirt, and other similar hazards. Properties are identified as having this type of fire hazard through inspections or referrals from other public agencies, such as the Santa Clara

County Fire Department. The Weed Abatement Program staff will visit the site to verify if a hazard exists and photograph the hazard.

These sites with a potential fire hazard are forwarded to the local jurisdiction, which adopts a resolution declaring the listed properties as having a potential fire hazard from weeks or other combustible debris, which is a public nuisance.

The draft resolution would set a public hearing date and time to allow the properties of the subject properties to object to the declaration.

After the public hearing, the Weed Abatement Program staff will work with the properties owners to clear the potential fire hazards from the properties and perform inspections to verify this has been completed.

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:

Draft Resolution
2025 Monte Sereno Commencement Report

RESOLUTION NO. 24-XXX

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

DANGEROUS WEEDS AND RUBBISH, REFUSE, AND DIRT TO BE A PUBLIC NUISANCE WHEREAS, certain weeds, dirt, rubbish, and other hazardous material are growing, located, or existing upon private property or properties, and in sidewalks, streets, or alleys within the City of Monte Sereno, more specifically identified by address or parcel set forth in Exhibit A, hereby incorporated into this resolution; and
WHEREAS, said weeds are of a kind which, when mature, bear wingy or downy seeds and which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and which weeds are seasonal and recurrent nuisances; and WHEREAS, said weeds, dirt, rubbish and other hazardous material constitutes a public nuisance and require the abatement thereof as provided by law; and WHEREAS, in accordance with Government Code sections 39501 and 39502, Monte Sereno Municipal Code Chapter 8.02 sets forth the process and the authority for the abatement of weeds within the City of Monte Sereno and for the assessment of the costs of removal by lien.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Monte Sereno, as follows:

1. That the weeds, dirt, rubbish, and other hazardous material constitute a public nuisance and that the said public nuisance should be abated in the manner provided in Chapter 8.02 “Weed Abatement” of the Monte Sereno Municipal Code.

2. In accordance with Monte Sereno Municipal Code Section 8.02.050, the nuisances identified in this resolution must be abated by the property owner within thirty (30) days after the adoption of this resolution, or within such other time as may be established by written agreement with the Fire Marshal or City Engineer. If not abated within such time as set forth herein, the City of Monte Sereno shall cause such nuisance to be abated, and the expense of such abatement assessed upon the property requiring weed removal.

3. After passage of this resolution, the City Clerk shall mail notice to the affected property owners as soon as practicable and cause notice of its passage to be conspicuously posted in three (3) prominent places in the City of Monte Sereno at least ten days prior to the time fixed by the City Council for hearing objections, and which notice shall be in form prescribed in Section

8.02.060 of the Monte Sereno Municipal Code.

4. The City Council shall hear and consider all objections to the proposed destruction or removal of weeds, dirt, rubbish, or other hazardous material at a public hearing to be held virtually and in person at 7:00 p.m. on the 21st day of January 2025 via the Zoom application and in the Council Chambers, City Hall, 18041 Saratoga-Los Gatos Road, Monte Sereno, California. By motion or resolution at the conclusion of said hearing, the City Council shall either allow or overrule any objections.

5. If objections have not been made, or after the City Council has disposed of those objections made, the City Council shall order by resolution that the City Manager or the City Engineer, or their designated representatives, abate any nuisance caused by weeds that have not yet been abated by the property owner, and that the expense of abatement be assessed upon the property requiring such abatement.

REGULAR ADOPTED AND PASSED this 17 day of December 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Burton Craig, Mayor
ATTEST:
______________________________
Gloisy Gonzalez-Langarica, City Clerk

Situs APN CITY/STATE
2025 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT
CITY OF MONTE SERENO Exhibit A
1 15315 KARL AVE 409-41-003 CARSON, BARBARA L TRUSTEE PO BOX 6122 TAHOE CITY CA 96145 2 16215 SEABORN CT 410-20-052 BECKNER, RUTH M TRUSTEE 16215 SEABORN CT MONTE SERENO CA 95030-0000 3 16219 SEABORN CT 410-20-053 RADHAKRISHNAN, MANOJ K AND 16219 SEABORN CT MONTE SERENO CA 95030-0000 4 16221 SEABORN CT 410-20-054 RAO, SATYA AND CHADHA-RAO , 300 FAIRVIEW AVE WINNETKA IL 60093 5 18305 CONSTITUTIO AVE 410-29-002 SHIVSAN LLC 18305 CONSTITUTION AVE MONTE SERENO CA 95030 6 BECKY LN 410-42-013 WONG, GILBERT TRUSTEE P O BOX 700005 SAN JOSE CA 95170 7 15890 MATILIJA DR 510-07-038 MILLER, RONALD J AND JOAN T 15890 MATILIJA DR MONTE SERENO CA 95030-3073 8 18240 BANCROFT AVE 510-12-002 MASSIH, MALIHEH 17260 NALOR CT LOS GATOS CA 95032-0000 9 16301 RIDGECREST AVE 510-21-036 SPENCE, ARTHUR L 16301 RIDGECREST AVE MONTE SERENO CA 95030-4139 10 16255 RIDGECREST AVE 510-21-058 ROOHPARVAR, FARIBORZ F AND 16255 RIDGECREST AVE MONTE SERENO CA 95030-4139 11 16177 RIDGECREST AVE 510-21-083 TABARI, K K AND DORIS M TRUSTEE 16177 RIDGECREST AVE MONTE SERENO CA 95030-4137 12 510-21-094 MISSERLIAN, MIHRAN AND 888 BRANNAN ST STE 160 SAN FRANCISCO CA 94103 12 records of 12 Santa Clara County Weed Abatement Program Page 1 Page 19 of 51

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Consideration of Amendment to the West Valley Clean Water Program Authority Joint Powers Agreement to Rename the Authority Recommendation(s):

Adopt the draft Resolution and approved the Amendment to the Joint Powers Agreement Creating The West Valley Clean Water Program Authority to change the name of the Authority to West Valley Stormwater Authority and authorize the City Manager to take all actions necessary to implement the name change.

Background Information:

The City of Monte Sereno is either directly or indirectly authorized to implement measures that would regulate, improve, treat, manage, and convey stormwater and its quantity and quality.

Through the years, the City has worked cooperatively with its neighboring jurisdictions (cities of Saratoga and Campbell and the Town of Los Gatos) (collectively referred to as the “Member Agencies”) to implement these measures. In September 1994, the Member Agencies were among the members of a Cooperative Agreement for stormwater pollution control coordination.

The coordinated stormwater pollution abatement, control and management effort of the Member Agencies was previously commonly known as the West Valley Clean Water Program.

In 2018, the Member Agencies created the West Valley Clean Water Program Authority on behalf of its member agencies to create a new public entity to coordinate stormwater pollution abatement, control and management efforts.

When recently conducting public outreach, the Authority determined that the communities of the Member Agencies often confuse the role of the Authority as a water provider rather than an agency that manages stormwater for the Member Agencies. In order to correct that misunderstanding and create greater awareness of the Authority and its responsibilities, the Authority Board determined the name of the Authority should be changed. The Authority Board has selected the name of West Valley Stormwater Authority.

At its meeting on November 7, 2024, the Authority Board approved the Amendment and authorized the Executive Director to take all actions necessary to implement the name change if approved by the Member Agencies. It is expected that the Member Agencies will consider the Amendment prior to the end of the year.

Fiscal Impact:

No fiscal impact is anticipated with the proposed agency name change.

Public Noticing:

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

Attachments:

Draft Resolution for West Valley Clean Water Program Name Change

RESOLUTION NO. 24-###

RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO

SIGN THE AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE WEST

VALLEY CLEAN WATER PROGRAM AUTHORITY TO CHANGE THE NAME OF THE

AUTHORITY
WHEREAS, in 2018, the Cities of Campbell, Monte Sereno and Saratoga and the Town of Los Gatos (collectively referred to as “Member Agencies”) created the West Valley Clean Water Program Authority (“Authority”) on behalf of its member agencies to create a new public entity to coordinate stormwater pollution abatement, control and management efforts; and other activities to develop tools and information to assist public and private entities in complying with stormwater National Pollutant Discharge Elimination System (“NPDES”) permits and improving surface water quality and enhancing water supplies in California; and
WHEREAS, when recently conducting public outreach, it was determined that the communities of the Member Agencies often confuse the role of the Authority as water provider rather than an agency that manages stormwater in the Member Agencies; and
WHEREAS, in order to correct that misunderstanding and create greater awareness of the Authority and its responsibilities, the City desires to change the name of the Authority; and
WHEREAS, to effectuate the change, the Joint Powers Agreement creating the Authority must be amended; and
WHEREAS, the City Council desires to amend the Joint Powers Agreement.

BE IT RESOLVED BY THE CITY COUNCIL that the City Manager is hereby authorized to execute the document entitled “AMENDMENT TO JOINT POWERS

AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM
AUTHORITY”, a copy of which is attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all necessary actions to effectuate the change.

BE IT FURTHER RESOLVED that any obligations, responsibilities or duties of the West Valley Clean Water Program Authority through contract or otherwise shall be the obligations, responsibilities or duties of the West Valley Stormwater Authority.

REGULARLY ADOPTED AND PASSED this 3rd day of December 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Evert Wolsheimer, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk

Exhibit A

1 AMENDMENT TO JOINT POWERS AGREEMENT

CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY
This AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY (the “Amendment”) is made and entered into this 3rd day of December, 2024, by and between the West Valley Clean Water Program Authority, a California Joint Powers Authority (the “Authority”), and the City of Campbell, the City of Monte Sereno, the City of Saratoga and the Town of Los Gatos, municipal corporations of the State of California, hereinafter “Member Agencies” (collectively) or “Member Agency” (individually).

RECITALS
WHEREAS, each of the Member Agencies to the Agreement is a public agency as defined in California Government Code section 6500; and WHEREAS, each of the Member Agencies is either directly or indirectly authorized to implement measures that would regulate, improve, treat, manage, and convey stormwater and its quantity and quality; and
WHEREAS, in September 1994, the Member Agencies were among the members of a Cooperative Agreement for stormwater pollution control coordination; and WHEREAS, the coordinated stormwater pollution abatement, control and management effort of the Member Agencies is now commonly known as the West Valley Clean Water Program; and
WHEREAS, the West Valley Clean Water Program has been a successful and costeffective means of collaboratively addressing federal and state stormwater requirements and regulations within the Member Agencies; and
WHEREAS, in 2018, the Member Agencies created the West Valley Clean Water Program Authority (“Authority”) on behalf of its member agencies to create a new public entity to coordinate stormwater pollution abatement, control and management efforts; and other activities to develop tools and information to assist public and private entities in complying with stormwater National Pollutant Discharge Elimination System (“NPDES”) permits and improving surface water quality and enhancing water supplies in California; and
WHEREAS, when recently conducting public outreach, it was determined that the communities of the Member Agencies often confuse the role of the Authority as water provider rather than an agency that manages stormwater in the Member Agencies; and

2 WHEREAS, in order to correct that misunderstanding and create greater awareness of the Authority and its responsibilities, the Member Agencies and the Authority desire to change the name of the Authority.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, it is agreed by and among the Member Agencies and the Authority hereto as follows:

AGREEMENT

1. Name of the Authority
(a) As of the Effective Date of this Amendment, the West Valley Clean Water Program Authority will hereby by known as the West Valley Stormwater Authority.
(b) Upon the Effective Date of this Amendment, An Amendment of A Joint Powers Agreement shall be filed with the California Secretary of State in accordance with Government Code section 6503.5. The Authority shall comply with all other formation requirements provided under California law.
(c) Upon the Effective Date, any obligations, responsibilities or duties of the West Valley Clean Water Program Authority through contract or otherwise shall be the obligations, responsibilities or duties of the West Valley Stormwater Authority.

2. Conflict
Except as expressly provided in this Amendment, all terms of the Agreement shall remain in full force and effect. To the extent there is a conflict between the terms of the Amendment and the Agreement, the terms of the Amendment shall control.

3. Effective Date
The effective date (“Effective Date”) of this Agreement shall be the first day of the first month following the execution of this Agreement by the Member Agencies.

4. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

IN WITNESS THEREOF, the Member Agencies and the Authority have executed this Agreement on the dates hereafter set forth.

3 CITY OF CAMPBELL
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney

TOWN OF LOS GATOS
__________________________
Town Manager
Dated:_____________________
ATTESTED:
_____________________________
Town Clerk
Approved as to Form:
_____________________________
Town Attorney

4 CITY OF MONTE SERENO
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney

CITY OF SARATOGA
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney

5 WEST VALLEY CLEAN WATER PROGRAM

AUTHORITY
__________________________
Executive Director
Dated:_____________________
Approved as to Form:
_____________________________
Authority Counsel
960799.2

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Consideration to Authorize the City Manager to Execute an Agreement with Pinpoint Talent for Temporary Accounting Staffing.

Recommendation(s):

Staff recommends that the City Council authorize the City Manager to execute an agreement (Attachment 1) for professional services with Pinpoint Talent.

Background Information:

At the end of September 2024, a temporary accountant started working in the Finance Department and has been processing the daily revenues deposits, accounts payable, and payroll functions. Additionally, the temporary accountant has been organizing and filing the Finance Department records as well as preparing various reports for the State regarding the use of special funds (i.e. gas tax funds, Supplemental Law Enforcement Services funds, etc.).

These services are needed to maintain the financial operations of the City.

Because the total expenses will exceed the Interim City Manager’s approval authority of $25,000, the agreement is required to be approved by the City Council.

Fiscal Impact:

These consulting expenses will be paid from the current FY 2024-2025 budget. Staff will provide Council with a complete mid-year budget update in early 2025 which will include the status of the expenses through the middle of the fiscal year and Council will have an opportunity to adjust budgeted items at that time.

Public Noticing:

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

Attachments:

1. Draft Consultant Agreement with Pinpoint Talent

1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (“Agreement”) is made and entered into as of December 17, 2024 by and between the City of Monte Sereno, a California municipal corporation, hereinafter referred to as “City”, and Pinpoint Talent, a California limited liability company, hereinafter referred to as “Consultant”.

RECITALS
A. City desires to retain Consultant for certain professional services as set forth in this Agreement.

B. Consultant provides temporary staffing services with specially trained, experienced and competent temporary staffing to perform the special services which will be required by this Agreement.

C. Consultant provides temporary staffing services with the skill, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, City and Consultant agree as follows:

AGREEMENT

1. Scope. City agrees to, and hereby does, retain Consultant to perform the professional services as outlined in the Scope of Work attached hereto and incorporated herein as Exhibit A.

Consultant’s work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance.

2. Responsible Personnel: City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

3. Scope of Work: Consultant shall perform the services as specified in Exhibit A in a professional manner. Any optional tasks listed shall not be performed by Consultant unless separately requested and prior authorization is provided in writing by the City Manager.

Proceeding with such additional work without express authorization, or undertaking any other work not listed in Exhibit A, shall be at Consultant’s sole risk. Consultant will not undertake any work that will incur costs in excess of the amount set forth in this paragraph without prior written amendment to this Agreement.

4. Time of Performance and Term: The services of Consultant are to commence upon execution of this Agreement and shall continue until this Agreement is amended or terminated.

5. Compensation: Compensation shall be made for services performed as set forth in

2 Section 3. Periodic payments to Consultant shall be made upon submittal of invoices by Consultant to City for review and approval by the City Manager or his designee. Invoices will be paid by City within a reasonable time after the invoices are received and approved. For purposes of this Agreement, a 30-day period shall be deemed a reasonable period.

6. Insurance: Consultant agrees to have and maintain, for the duration of the Agreement, the following minimum insurance requirements. Prior to the execution of the Agreement, Consultant shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits.

4. Professional Liability (Errors & Omissions): As appropriate to Consultant’s services, and not less than $1,000,000 per occurrence.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City of Monte Sereno, its Council Members, elected and appointed officers, agents and employees shall be named as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Independent Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Independent Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

3 For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance coverage (at least as broad as ISO CG 20 01 04 13) with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Consultant shall require the insurer to provide City with 30-day prior notice of termination or material change in coverage and ten (10) days prior notice of cancellation for non-payment.

7. Indemnity: To the fullest extent permitted by law, Consultant shall hold harmless, indemnify and defend City, its elective and appointive boards, commissions, officers, agents, servants, volunteers, and employees (the “Indemnified Parties”) from and against any and all claims, costs, damages, liability, losses, or suits (including court costs and attorney fees) for personal injury (including death), property damage and any other damages of any sort whatsoever, arising out of, or alleged to have arisen out of, the willful or negligent acts, errors, or omissions of Consultant or Consultant's contractors, subcontractors, agents, or employees in the performance of this Agreement.

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.

Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this section shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. The Consultant’s responsibility to indemnify, defend, and hold harmless the Indemnified Parties under this section shall not extend to the active negligence or willful misconduct of the Indemnified Parties. This section shall survive the termination of this Agreement.

8. Termination: This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

If Consultant fails to perform any of its obligations under this Agreement within the time

4 and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant.

In the event of termination, Consultant shall deliver as a condition to the payment of the compensation provided for above, or otherwise make available to City, all research data, reports, estimates, summaries, and other such information and materials as may have been accumulated by Consultant in performing this Agreement, whether completed or in process in accordance with Section 9 of this Agreement.

9. Documents: Notes, studies, chain, computations, electronic files, and other data and information obtained by Consultant for this project shall, upon receipt of payment for services rendered, be made available to City by Consultant at City's request and shall become the property of City. In the event City alters the document, City agrees Consultant shall have no responsibility whatsoever for any claim arising out of, or alleged to have risen out of, use of the altered document,
All plans, studies, documents, charts, computations, and electronic files prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.

10. Independent Contractor: Consultant is an independent contractor retained by City to perform the work described herein. All personnel employed by Consultant are not and shall not be deemed to be employees of City. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to such rights. Consultant shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of Workers’ Compensation.

11. Licenses and Standard of Care: Consultant represents and warrants to City that, for itself and any subcontractors, all applicable licenses, permits, qualifications, insurance and approvals of any nature which are legally required of Consultant to practice its profession have been obtained any will be maintained during the performance of the Agreement. Consultant shall procure and maintain a City of Monte Sereno business license. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

5 12. Assignment: The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.

Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such contractor other than as otherwise required by law.

13. Binding on Successors: This Agreement is binding on the heirs, successors and assigns of the parties hereto.

14. Amendment: This Agreement may be amended, modified or changed by the parties, provided that said amendment, modification or change is in writing and approved by the authorized representative of the parties.

15. Applicable Law and Attorney's Fees: This Agreement shall be construed and enforced in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Santa Clara. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision of the Agreement, the prevailing party of such action shall be entitled to recover its reasonable litigation expenses, including attorney fees.

16. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. All provisions of this Agreement are expressly made conditions. For all purposes this Agreement shall be deemed to have been drafted jointly by all parties.

17. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.

18. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

19. Equal Employment Opportunity. Consultant is, and warrants to the City that they shall be during the term of the Agreement, an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action

6 shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

20. City Not Obligated to Third Parties; Subcontractors; Oversight. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. Consultant shall ensure the following requirements are satisfied in the performance of the Agreement with respect to its own employees:

A. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement.

B. Prevailing Wage. Consultant and Consultant’s subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination shall be available on file at the City’s office of the City Clerk.

C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program.

D. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

The City is not responsible or liable for Consultant’s failure to comply with any and all of its requirements under this section and Agreement.

21. Political Reform Act Economic Interests. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Monte Sereno disclosing Consultant and/or such other person’s financial interests.

WITNESS WHEREOF this Agreement is executed by City and by Consultant on this 17th day of December, 2024, at Monte Sereno, California.

CONSULTANT: CITY OF MONTE SERENO:

7 ___________________________ ____________________________ By: Crystal Helwig, Operations Manager Diana Perkins, Interim City Manager Pinpoint Talent LLC
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Kirsten Powell, City Attorney Gloisy Gonzalez-Langarica, City Clerk

8 EXHIBIT “A”

SCOPE OF WORK AND RATE SHEET

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PROFESSIONAL SERVICES AGREEMENT
Thank you for the opportunity to partner with you to provide recruiting and staffing solutions.

This Professional Services Agreement (the “Agreement”) is made and entered into as of September 24, 2024 (the “Effective Date”), by and between City of Monte Sereno (“Client”), with a principal place of business at 18041 SaratogaLos Gatos Road, Monte Sereno, CA 95030, and Pinpoint Talent, LLC, a California limited liability company (“Recruiting Firm”), with a principal place of business at 2570 North 1st Street, Suite 200, San Jose, CA 95131.

1. Recruiting Firm’s Duties and Responsibilities. Recruiting Firm shall:

1.1. Recruit, screen, interview, and assign Assigned Employees (as later defined) to perform services/duties as requested in writing by Client and under Client’s supervision at the locations specified by Client;

1.2. Pay Assigned Employees’ wages and provide them with the benefits that Recruiting Firm offers to them;

1.3. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving Assigned Employees with respect to compensation that Recruiting Firm has agreed to pay;

1.4. Ensure compliance with legally required pre-employment obligations for all Assigned Employees, prior to assigning Assigned Employees to Client;

1.5. Ensure Assigned Employees are informed that they are not in any way entitled to participate in any Client employee benefit plans, including holidays, vacations, vacation pay, sick time, sick pay, disability, insurance, profit sharing, deferred compensation, welfare, bonus, severance pay, pensions or retirement plans, or any other similar benefits, plans, programs, or agreements; and

1.6. Perform all hiring, counseling, disciplining, and discharging of Assigned Employees.

2. Client’s Duties and Responsibilities. Client shall:

2.1. Properly supervise Assigned Employees performing Client work and be responsible for Client’s business operations, products, services, and intellectual property;

2.2. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or handle or transport and/or convey cash, checks, keys, credit cards, merchandise, negotiable instruments, or other valuables without (i) Recruiting Firm’s express written approval or as strictly required by the job description provided to Recruiting Firm in writing and (ii) Client’s direct supervision;

2.3. Not change Assigned Employees’ job duties without Recruiting Firm’s express written approval;

2.4. Exclude Assigned Employees from Client’s benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees’ compensation or benefits;

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2.5. Immediately notify Recruiting Firm of any injury or claim for workers’ compensation benefits involving Assigned Employees working for Client;

2.6. Fully cooperate with Recruiting Firm regarding any investigation related to complaints of harassment, discrimination, or retaliation, unemployment claims, workers’ compensation claims, or other situations which may require full cooperation from Client’s employees that worked with or supervised Assigned Employees or witnessed certain events that may be related to the complaint or claim; and

2.7. Pay invoices and other payments in accordance with this Agreement.

3. Temporary Placement Terms. Recruiting Firm will recruit and refer qualified candidate(s) as available and as needed for temporary or contract work by Client (“Assigned Employees”) under the following terms and conditions:

3.1. Conversion Term. In the event Client, or any employee, agent, or affiliated entity of Client, directly or indirectly hires an Assigned Employee during the Assigned Employee’s assignment or within one year from the end date of Assigned Employee’s assignment on a full-time, part-time, or temporary basis (including assignments through another consulting firm), Client agrees to pay Recruiting Firm a fee (the “Conversion Fee”) based on a percentage of the first year's annual compensation of the Assigned Employee based on the following scale:

Contractor Conversion (Hours worked by Contractor):
0 - 320 Hours = 25% of annual compensation
321 - 640 Hours = 20% of annual compensation
641 - 800 Hours = 15% of annual compensation
801 - 960 Hours = 10% of annual compensation
961+ Hours = 05% of annual compensation

3.2. Bill Rates. Hourly bill rates will be determined at the time of placement for an Assigned Employee. Bill rates will be listed on the Client Confirmation, incorporated by reference hereto as an Addendum. Hourly bill rates may vary between Assigned Employees.

3.3. Overtime. Depending on the position, overtime will be billed according to state and federal law where the Assigned Employee will be working. For example, for Assigned Employees working in California, overtime will be billed at 1.5 times bill rate for work over eight hours per day, or 40 hours per week, or for the first eight hours of work on the seventh consecutive day in the same workweek, or two times bill rate for work over 12 hours per day, or for over eight hours on the seventh consecutive day in the same workweek.

3.4. Expenses. In accordance with California law, all Assigned Employees placed by Recruiting Firm in California are entitled to reimbursement for all reasonable and necessary business expenses incurred in connection with the performance of the candidates’ job duties, including but not limited to, cell phone, Internet service, and office supplies. Reimbursement of expenses for Assigned Employees working in other states will be determined by state and local law. Recruiting Firm will charge the actual cost of the Assigned Employees’ expenses to Client.

3.5. Time Approval. Assigned Employees will submit their online time records weekly to SpringAhead, the online time record system, for weekly approval by the Monday following the week worked. The Timecard Approver that Client assigns will receive an email from SpringAhead for approval of the Assigned Employee’s time record; the Timecard Approver must approve the Assigned Employee’s time record no later than Wednesday at noon, Pacific Time, the week after the hours are worked. If approval is not received in time, the timecard will

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be approved on behalf of the Timecard Approver by Pinpoint Talent to ensure timely payroll processing for the Assigned Employees. Should Client dispute the recorded hours or expenses, Client must submit written notification to Recruiting Firm within 30 calendar days of the end of the pay period setting forth the grounds for the dispute and any evidence to support that Client should not have to pay for the hours recorded. Failure to timely dispute or approve the online time record will be deemed approval of the hours and expenses recorded on the online time record.

3.6. Invoices. Recruiting Firm invoices Client for all hours worked and reimbursable expenses and/or Conversion Fees. All payments of invoiced charges, fees, and expense reimbursements are due from Client and payable to Recruiting Firm within 30 calendar days (net 30) of invoice date.

4. Direct Placement Terms. Recruiting Firm will recruit and refer qualified candidate(s) as available and as needed for direct hire by Client under the following terms and conditions:

4.1. The Placement Fee. A search may entail weeks or even months of work. Therefore, Client agrees that if a candidate submitted to Client by Recruiting Firm is hired, either directly or indirectly, as an employee, consultant, or independent contractor, by Client, or an affiliated or any other entity, within 365 calendar days from the last discussion concerning such candidate, it would be a result of Recruiting Firm’s efforts on behalf of Client and Client agrees to pay to Recruiting Firm a Placement Fee (as defined below).

4.2. References. Recruiting Firm will confirm candidate references upon Client request to the extent such references are willing to discuss with Recruiting Firm, and will transmit such information to Client, where appropriate and where permitted by law. Recruiting Firm does not conduct any criminal background check, nor does Recruiting Firm conduct any sort of drug use screening or medical examination of any kind.

5. Other Terms.

5.1. Term and Termination. This Agreement shall remain in effect until five years from the Effective Date, unless terminated sooner by either party for any reason. However, any actual, non-mitigatable sums due and owing to Recruiting Firm by Client at the time of such termination shall not be affected by such termination. This Agreement or any Client Confirmation hereunder may be terminated with or without cause by Client at any time during the term of this Agreement on 30 days prior written notice to Recruiting Firm. Either party may terminate this Agreement for a material breach by the other party that is not cured within 30 days of that party’s receipt of written notice of the breach. If this Agreement is terminated, Recruiting Firm shall, upon Client’s request and as directed, either (i) cease all services or (ii) complete some or all services already commenced.

Upon the expiration or termination of this Agreement, or as directed by Client, Recruiting Firm and Assigned Employees shall deliver to Client or destroy promptly upon the request and at the sole discretion of Client, all Client proprietary or confidential information and any Client materials including whole or partial copies, embodiments or derivatives thereof obtained at any time, including all data generated or created by Recruiting Firm or Assigned Employees under this Agreement, in compliance with applicable law and regulatory requirements.

5.2. Notices. All notices and other communications given in connection with this Agreement shall be in writing and shall be deemed to be properly given only when sent via email, the United States Postal Service, or a nationally recognized courier, addressed as shown on the first page of this Agreement.

5.3. Compliance. The parties affirm and agree that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. The parties agree not to harass, discriminate against, or retaliate against any employee of the other because of race, color, national

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origin, ancestry, age, sex (including pregnancy, childbirth, chest feeding, and related medical conditions), sexual orientation, gender (including gender expression and gender identity), creed, religion (all aspects of religious beliefs, observances, or practices, including religious dress or grooming practices), physical or mental disability, genetic information, medical condition (including cancer or a record or history of cancer and genetic characteristics), marital status, registered domestic partnership status, military or veteran status, or other category protected by federal, state, or local laws or ordinances; nor shall any party cause or request the other party to engage in such discrimination, harassment, or retaliation; nor shall either party tolerate or permit any of their respective personnel, independent contractors, vendors, suppliers, partners, customers, or clients to engage in such discrimination, harassment, or retaliation by any Assigned Employee. In the event of any complaint of unlawful discrimination, harassment, or retaliation, the parties agree to cooperate in the prompt investigation and resolution of such complaint and shall indemnify each other with respect to any violation. In addition, the parties agree that for the purpose of statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, the parties shall cooperate in compliance with any such requirements.

5.4. OSHA Compliance. Because Client controls the facility/work site in which Assigned Employees work, it is agreed that Client is primarily responsible for compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to Assigned Employees assigned to Client facility/work site, except as may be otherwise agreed in writing signed by parties hereto. Any such agreement shall be included as an addendum to this Agreement.

5.5. No Partnership. Neither this Agreement nor the services to be provided hereunder shall be construed to create any relationship of employment, agency, partnership, or joint venture between the parties. No employeremployee relationship exists between Recruiting Firm and Client. Each entity shall operate as distinct, separate entities.

5.6. Confidential Information. Both parties may receive information that is proprietary or confidential to the other party or its affiliated companies and their clients. Confidential Information may include information that the disclosing party is under an obligation to a third party to maintain as confidential. Any and all such information obtained by Recruiting Firm and its Assigned Employees, on the one hand, or Client, on the other hand, shall be deemed confidential and proprietary information. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law.

5.6.1.Both during the term of this Agreement and thereafter, the parties shall use reasonable care to prevent the unauthorized use or dissemination of confidential or proprietary information. Reasonable care means at least the same degree of care Recruiting Firm and/or Client uses to protect its own confidential or proprietary information from unauthorized disclosure. Recruiting Firm also agrees to direct Assigned Employees to keep such information confidential, and to require Assigned Employees to enter into Confidentiality Agreements, upon request by Client.

5.6.2.As used herein, Recruiting Firm proprietary or confidential information means: all information regarding Recruiting Firm’s Assigned Employees or other employees, including but not limited to their names, home addresses, telephone numbers, skills, qualifications, evaluations, availability, record of assignments, and related information.

5.6.3.Client confidential or proprietary information is limited to information clearly marked as confidential or proprietary, or disclosed orally and summarized and identified as confidential in a writing delivered to Recruiting Firm or an Assigned Employee within 15 days of disclosure. Notwithstanding the foregoing,

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any Client confidential information not so marked or identified which a reasonable recipient under like circumstances would understand to be proprietary shall be deemed Client confidential information.

5.6.4.Proprietary or confidential information does not include the following: information that Recruiting Firm or Client knew before disclosure by the other party as evidenced by written records; information that is or becomes public knowledge through no fault of Recruiting Firm or Client; or information obtained from sources other than Recruiting Firm or Client who owe no duty of confidentiality to Client or Recruiting Firm.

5.6.5.The confidentiality obligations set forth herein shall survive the termination of this Agreement.

5.7. Indemnity. To the extent permitted by law, Client agrees to defend, indemnify, and hold Recruiting Firm, and its parent, subsidiaries, directors, officers, managers, agents, representatives, and employees, harmless for any and all claims, losses, and liabilities (including reasonable attorneys’ fees), to the extent caused by Client’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in this Agreement; the negligence, gross negligence, or willful misconduct of Client or Client’s officers, employees, or authorized agents in the discharge of those duties and responsibilities; its violation of any statute or common law protecting employees from harassment, discrimination, retaliation and repetitive stress injury; or other claims which arise out of the assignment by Recruiting Firm to Client or the Assigned Employee’s work environment. Client agrees to immediately inform Recruiting Firm of any claims, complaints, or incidents involving or relating to claims including but not limited to claims of sexual harassment, repetitive stress injury, or other claims which arise out of the assignment of Recruiting Firm’s Assigned Employees to Client.

5.8. Severability. Should it be determined that any term of this Agreement is unenforceable, that term shall be deemed deleted. The validity of the remaining terms shall not be affected by the deletion of the unenforceable term.

5.9. No Warranty. Recruiting Firm assumes no liability whatsoever for any acts or omissions of any candidate.

Recruiting Firm assumes no liability for any failure of or default by any candidate. Client’s decision to hire any candidate is made in Client’s sole and absolute discretion, and Recruiting Firm offers no warranty or guarantee as to a candidate’s qualifications, or lack thereof.

5.10. Late Payment. Placement Fees, Conversion Fees, or Refund Amounts not paid when due will bear interest at

1.5% per month or the maximum amount allowed by applicable law, whichever is less, calculated from the date originally due to the date fully paid. In addition, Client (in the case of late Placement or Conversion Fees) or Recruiting Firm (in the case of late Refund Amounts) will pay all fees and costs, including but not limited to collection agency fees and reasonable attorneys’ and professionals’ fees, associated with any legal or collection actions instituted to recover unpaid amounts due under this Agreement.

5.11. Attorneys’ Fees. In any litigation, or other proceeding by which one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

5.12. Modifications. This Agreement may not be amended, except by writing or an additional Addendum executed between the parties.

5.13. Assignment. This Agreement may not be transferred by operation of law or otherwise or assigned without the written consent of the other party; provided, however, without such consent, either party may assign this

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Agreement to an affiliate or a successor in interest by reason of merger, acquisition, or sale of substantially all of the business to which this Agreement relates.

5.14. Entire Agreement. This Agreement, and accompanying Addenda, sets forth the entire agreement of the parties and supersedes all other prior negotiations, proposals, discussions, agreements, whether oral or written, between the parties.

5.15. Governing Law. This Agreement and services rendered with regard to the Agreement shall be deemed to have been entered into and performed at Recruiting Firm’s company headquarters in the State of California, and all questions concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights, or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the State of California, without reference to any conflicts of law principles thereof.

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: Interim City Manager
Title: Consideration of a Resolution to Amend the Acceptance of the Donation of the John Steinbeck Arroyo de Ajo Sign and $5,000 to Install the Sign and Display at City Hall
Recommendation(s):

Staff recommends that the City Council adopt the draft Resolution and amend the acceptance of the donation of the John Steinbeck Arroyo de Ajo Sign and $5,000 to install the sign and display at City Hall.

Background Information:

In November 2023, the City Council adopted Resolution 23-3894 and accepted a donation from Joel and Dena Gambord of the Arroyo de Ajo sign which was made by John Steinbeck as well as $5,000 to fabricate a display for the sign. The resolution stated that the sign would be installed in the Community Center.

Because the Community Center project has not been approved by Council, the Gambords have requested that the Steinbeck sign be displayed at City Hall in a location that is visible and open to the public. The attached draft resolution amends the previous resolution to allow the sign to be displayed at City Hall.

Fiscal Impact:

No fiscal impact is anticipated with the adoption of the draft resolution.

Public Noticing:

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

Attachments:

1. Resolution 23-3894

2. Draft Resolution

DocuSign Envelope ID: AC8B5CFE-EFB5-4D64-9913-3C5625552CFA RESOLUTION NO. 23-3894

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

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

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

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

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

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

AYES: CRAIG, ELLAHIE, TURNER, WOLSHEIMER, MEKECHUK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Approved:

Bryan Mekechuk, Mayor
Attest:

Gloisy Gonzalez-Langarica, City Clerk

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

DONATION NOTE
2" 4"

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

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

SECTION

ARROYO DEL AJO SIGN CASE

RESOLUTION NO. 24-###

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

AMENDING THE ACCEPTANCE OF THE DONATION OF THE JOHN
STEINBECK SIGN AND $5,000 FOR A DISPLAY FROM JOEL AND DENA

GAMBORD
WHEREAS, the City Council of the City of Monte Sereno adopted Resolution 23- 3894 on November 7, 2023 accepting a donation from Joel and Dena Gambord of the John Steinbeck Arroyo de Ajo sign and $5,000 for the fabrication for a display for the sign; and
WHEREAS, Resolution 23-3894 required the sign to be displayed in the Community Center; and
WHEREAS, the Community Center project has not been approved by the City Council; and
WHEREAS, the Gambords have requested that the sign be displayed at City Hall or another City owned building; and
WHEREAS, the City Council desires to display the sign at City Hall.

NOW, THEREFORE, BE IT RESOLVED with the consent of that Gambords, that the City Council of the City of Monte Sereno hereby authorizes the City Manager to display the Steinbeck sign at the City Hall building or another City owned building. The display will acknowledge the donation from the Gambords.

REGULARLY ADOPTED AND PASSED this 17th day of December 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_________________, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk

STAFF REPORT
Meeting: City Council - Dec 17 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consideration and Approval of the 2025 City Council Meeting Schedule Recommendation(s):

Staff recommends the City Council consider the 2025 City Council meeting and event schedule and cancel the regular City Council meetings of July 1, 2025 and July 15, 2024.

Background Information:

It has been the City Council’s practice to set the Council meeting schedule for the calendar year at the end of the previous year. This allows for adequate notice to the public of future meetings and assists the City Council and staff with planning for the next year.

Analysis:

Regular City Council meetings are held the first and third Tuesday of each month. In 2025 there are no regular meeting dates that conflict with a holiday observed by the City or with a national election day. The City Council has routinely canceled the two meetings in July to allow for a summer recess.

The draft meeting calendar for 2025 is attached to this staff report and staff recommends that the meetings of July 1, 2025 and July 15, 2025 be cancelled.

Fiscal Impact:

There is no fiscal impact with this agenda item.

Public Noticing:

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

Attachments:
2025 Meeting Schedule
City of Monte Sereno 2025 Calendar

City of Monte Sereno
2025 Meeting Schedule
January 7, 2025 Regular Council Meeting
January 21, 2025 Regular Council Meeting
February 4, 2025 Regular Council Meeting
February 18, 2025 Regular Council Meeting
March 4, 2025 Regular Council Meeting
March 18, 2025 Regular Council Meeting
April 1, 2025 Regular Council Meeting
April 15, 2025 Regular Council Meeting
May 6, 2025 Regular Council Meeting
May 20, 2025 Regular Council Meeting
June 3, 2025 Regular Council Meeting
June 17, 2025 Regular Council Meeting
July 1, 2025 Regular Council Meeting CANCELLED
July 15, 2025 Regular Council Meeting CANCELLED
August 5, 2025 Regular Council Meeting
August 19, 2025 Regular Council Meeting
September 2, 2025 Regular Council Meeting
September 16, 2025 Regular Council Meeting
October 7, 2025 Regular Council Meeting
October 21, 2025 Regular Council Meeting
November 4, 2025 Regular Council Meeting
November 18, 2025 Regular Council Meeting
December 2, 2025 Regular Council Meeting
December 16, 2025 Regular Council Meeting

City of Monte Sereno 2025 Calendar
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30 December 2025

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City Council Meetings CPR/AED and Choking Relief - 6/12/25 Site & Architectural Commission Meetings Heartsaver CPR/AED Class – 7/17/25 Better Streets Commission Meetings Annual City Picnic
Youth Commission Meetings
Holidays Observed