AGENDA
City of Monte Sereno
Tuesday, April 15, 2025
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.
ANNOUNCEMENTS
PRESENTATIONS
1. Los Gatos Monte Sereno Police Department Semi-Annual Report July - December 2024
Monte Sereno Police Services Report
5 - 15
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
2. Approve the Minutes of the April 1, 2025 Special and Regular City Council Meeting
Staff recommends approval of the Minutes of the April 1, 2025 Special and Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
16 - 23
3. Approve Warrant List Dated April 9, 2025 in the amount $70,602.07 Staff recommends the City Council approve the Warrant List.
Staff Report - SR-25-068 - Pdf
24 - 25
4. Approval of a Resolution Authorizing the Interim City Manager to Execute a Five-Year Police Services Agreement (July 1, 2025 – June 30, 2030) with the Town of Los Gatos
Staff recommends that the City Council approve the draft resolution authorizing the Interim City Manager to execute a five-year police services agreement (July 1, 2025 – June 30, 2030) with the Town of Los Gatos.
26 - 48
Staff Report - SR-25-065 - Pdf
PUBLIC HEARINGS
5. Consider Introduction of a Draft Ordinance, An Ordinance of the City Council of the City of Monte Sereno Amending Chapter 10.09 (Personal Wireless Service Facility and Antenna Criteria)
Staff recommends that the City Council introduce the draft ordinance.
Staff Report - SR-25-061 - Pdf
49 - 97
UNFINISHED BUSINESS
6. Adopt a Proclamation Declaring Support for Efforts to Provide Childcare Staff recommends that the City Council adopt a proclamation declaring support for efforts to provide childcare.
Staff Report - SR-25-067 - Pdf
98 - 101
NEW BUSINESS
7. Authorize the City of Monte Sereno to join with other public agencies as a Shareholder of the California Asset Management Trust, a joint powers authority (JPA), specifically as an Investor in the JPA.
Adopt a resolution authorizing the City of Monte Sereno to join with other public agencies as a Shareholder of the California Asset Management Trust, a joint powers authority (JPA), specifically as an Investor in the JPA.
Staff Report - SR-25-063 - Pdf
Supplemental Information Recieved
102 - 106
8. Discuss the Council Adopted Goal to Improve Wildfire Prevention and Preparedness and Provide Direction to Staff
Staff recommends that the City Council discuss the Council adopted goal to Improve Wildfire Prevention and Preparedness and provide direction to staff
Staff Report - SR-25-062 - Pdf
Public Comment Received
107 - 114
9. Consider and Accept the City Manager's Quarterly Report Covering January 1, 2025 through March 31, 2025
Staff recommends that the City Council consider and accept the City Manager's report
Staff Report - SR-25-064 - Pdf
115 - 118
COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.
Mekechuk
Valley Transportation Authority Policy Advisory Committee Silicon Valley Stormwater Authority Board
West Valley Solid Waste Management Authority Board
Silicon Valley Clean Energy Authority
Santa Clara County Recycling and Waste Reduction Commission Shannon
Santa Clara Valley Water Commission
West Valley Sanitation District Board
Wolsheimer
Silicon Valley Animal Control Authority
Association of Bay Area Governments
League of California Cities Peninsula Division
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association - Cities Selection Committee
Craig
Monte Sereno Youth Commission
Santa Clara County Library JPA
West Valley Mayors & Managers
Mayors of Santa Clara County
Santa Clara County Mayors Group
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.
10. Council Tentative Council Meeting Calendar 2025 119 - 125
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
MONTE SERENO
POLICE SERVICES
REPORT
JULY-DECEMBER 2024
Police Officers Police Officer Recruits
THE DEPARTMENT Staff Update
Dispatcher
Sergeant Corporal
Efficiencies and Improvements
New
Dispatch &
Patrol Shifts
Electronic
Citations
E-Filing with
DA
Increase fiscal
supportLGMSPF
80 70
77 83
80 77
93 80
61 60
53 79
0 50 100 150 200
December
November
October
September
August
July
Calls For Service Proactive Incidents
MONTE SERENO PATROL ACTIVITY – INCIDENTS
Priority 1 Calls Priority 2 Calls Priority 3 Calls
5:23
6:59 7:03
AVERAGE RESPONSE TIMES BY
PRIORITY CALLS
RESPONSE TIME
Reported Vehicle Collisions – Monte Sereno
Date Time Location Primary Collision Factor
08/07/2024 1739 18800 Blk. Saratoga-Los Gatos Rd. 21801 (a) CVC – Unsafe Turning Movement Fail to Yield Rt. Of Way
08/17/2024 1838 17500 Blk. Vineland Ave. 22107 CVC – Unsafe Turning Movement 11/04/2024 0840 Creekside Ct. Winchester Blvd. 21804a CVC – Fail to Yield Right of Way 11/05/2024 1650 18000 Blk. Saratoga-Los Gatos Rd. 21801 (a) CVC – Unsafe Turning Movement Fail to Yield Rt. Of Way
Active Shooter
Training, Debrief, &
Partnership
EMERGENCY PREPAREDNESS EFFORTS
Community Police
Academy
NOTABLE CASES
Flock Case
Property Crime
Other Crime
Priorities & Themes
TRAINING &
PROFESSIONAL
DEVELOPMENT
TECHNOLOGY
ENHANCEMENTS
K9 EXPLOSIVE &
TRACKING
MELIORA ASSESSMENT
IMPLEMENTATIONS SUCCESSION PLANNING
CAPTAIN, SERGEANT,
CORPORAL
PROMOTIONS
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the April 1, 2025 Special and Regular City Council Meeting
Recommendation(s):
Staff recommends approval of the Minutes of the April 1, 2025 Special and 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:
04-01-25 Special Meeting Minutes DRAFT
04-01-25 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
SPECIAL MEETING
5:30 p.m.
April 1, 2025
MEETING CALLED TO ORDER
At 5:32 p.m., Mayor Craig called the meeting to order.
ROLL CALL
Present – Chambers: Councilmember Shannon, Councilmember Wolsheimer, Councilmember Mekechuk, Vice Mayor Ellahie and Mayor Craig Present – Remote: None
Absent: None
Staff: City Clerk Gonzalez-Langarica, Interim City Manager/City Planner Perkins and City Attorney Powell
PUBLIC COMMUNICATION REGARDING CLOSED SESSION ITEMS
Mayor Craig 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 5:34 p.m.
RECESS TO CLOSED SESSION
1. LIABILITY CLAIMS
(Government Code § 54956.95)
Claimant: Steve Leonardis
Agency claimed against: City of Monte Sereno
RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 6:04 p.m. with Mayor Craig, Vice Mayor Ellahie, Councilmember Mekechuk, Councilmember Wolsheimer and Councilmember Shannon.
CLOSED SESSION REPORT
Mayor Craig reported that the Council voted unanimously to reject the claim filed by Steve Leonardis.
NEW BUSINESS
2. Discuss Terms of a New Agreement for Law Enforcement Services between the City of Monte Sereno and the Town of Los Gatos.
Interim City Manager/City Planner Perkins provided a report and answered questions from the Council.
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
Chief of Police Field, Captain Alvin and Town Manager Constantin were present to assist with answering questions from the Council.
Discussion ensued.
Staff was given direction. Item is to be brought back at the April 15, 2025, City Council meeting.
ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 7:05 p.m.
Burton Craig, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
April 1, 2025
MEETING CALLED TO ORDER
At approximately 7:15 p.m., Mayor Craig called the meeting to order.
ROLL CALL
Present – Chambers: Councilmember Shannon, Councilmember Mekechuk, Councilmember Wolsheimer, Vice Mayor Ellahie and Mayor Craig Present – Remote: None
Absent: None
Staff: City Clerk Gonzalez-Langarica, Interim City Manager/City Planner Perkins and City Attorney Powell
Staff – Remote: None
ORDERS OF THE DAY
Mayor Burton requested that Item #6 under the Consent Calendar be removed.
MOTION: Motion by Councilmember Wolsheimer to remove Item #6 from the Consent Calendar. Seconded by Councilmember Shannon.
VOTE: Motion passed. (5-0-0)
PLEDGE OF ALLEGIANCE
Council lead the Pledge of Allegiance.
ANNOUNCEMENTS
None.
PRESENTATIONS
None.
ORAL COMMUNICATIONS
Resident Hill shared she lives next to Daves Elementary school and that the east side of her home faces the school. Recently, the Elementary School put up a digital announcement sign that is bright
and flashes into her home. She shared she has done some research on the Monte Sereno code, and it seems that it’s in violation of some codes but it’s a gray area because it’s a public school. She is interested in seeing what more can be done regarding this sign. She would like help with the next steps on what she can do.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the March 18, 2025 Special and Regular City Council Meeting
2. Consideration to Authorize the Interim City Manager to Execute an Agreement with Metropolitan Planning Group (M-Group) for Planning Department Professional Services in an amount not to exceed $93,600.
3. Approve Warrant List Dated March 26, 2025 in the amount $170,806.72
4. 2024 Housing Element Annual Progress Report
5. Consider Amending the Purpose of the Improving Financial Controls and Reporting Ad Hoc Committee
7. Consider Approving of a Memorandum of Understanding with the Cities of Campbell, Cupertino, Saratoga, and the Town of Los Gatos to Formalize the Collaborative Efforts to Conduct a West Valley Shelter Feasibility Study for the Possible Development of Temporary and Emergency Housing Facilities and Programs to Service the West Valley Area and Authorizing the Interim City Manager to Execute the Memorandum of Understanding
8. Adoption of Council Goals for Fiscal Year 2025-2026
Vice Mayor Ellahie requested to have Item #7 for discussion.
Mayor Craig opened Items #1, #2, #4 and #5 for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Councilmember Mekechuk to approve Items #1, #2, #4 and #5 on the Consent Calendar. Seconded by Vice Mayor Ellahie.
VOTE: Motion passed. (5-0-0)
MOTION: Motion by Vice Mayor Ellahie to approve Item #3 on the Consent Calendar. Seconded by Councilmember Wolsheimer.
VOTE: Motion passed. (4-0-1 Abstain: Mekechuk)
7. Consider Approving of a Memorandum of Understanding with the Cities of Campbell, Cupertino, Saratoga, and the Town of Los Gatos to Formalize the Collaborative Efforts to Conduct a West Valley Shelter Feasibility Study for the Possible Development of Temporary and Emergency Housing Facilities and Programs to Service the West Valley Area and Authorizing the Interim City Manager to Execute the Memorandum of Understanding
Interim City Manager/City Planner Perkins provided a staff report.
Discussion ensued.
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Vice Mayor Ellahie to approve Items #7 and #8 on the Consent Calendar. Seconded by Councilmember Mekechuk.
VOTE: Motion passed. (5-0-0)
PUBLIC HEARING
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
9. Adopt a Resolution Declaring Support for Efforts to Provide Universal Child Care Associate Director of Care Policy with Build the Future was available to provide information and available for questions from the Council.
Discussion ensued.
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Councilmember Mekechuk to table this item and work with staff to make modifications to the language and bring back to the next City Council meeting. Seconded by Councilmember Shannon.
VOTE: Motion passed. (5-0-0)
10. Authorize Staff to negotiate a multiple-year agreement with Tyler Technologies on the scope of and priorities for the configuration and implementation of an integrated financial and human resources information systems for the City of Monte Sereno and to license components of Tyler’s ERP Pro 10 in a software as a service arrangement.
Interim City Manager/City Planner Perkins provided a staff report.
Discussion ensued.
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Councilmember Wolsheimer to Authorize Staff to negotiate a multiple-year agreement with Tyler Technologies on the scope of and priorities for the configuration and implementation of an integrated financial and human resources information systems for the City of Monte Sereno and to license components of Tyler’s ERP Pro 10 in a software as a service arrangement. Seconded by Councilmember Shannon.
VOTE: Motion passed. (5-0-0)
COMMITTEE/COMMISSION REPORTS
Councilmember Wolsheimer shared the Silicon Valley Animal Control Authority meeting last week,
where they discussed and approved the 2025-2026 budget salary scales for next fiscal year.
Councilmember Wolsheimer shared that the organization is financially in good shape. He also shared that in the next fiscal year, there will be an increase of about 2.5% in cost.
Vice Mayor Ellahie shared he attended a special event honoring women. He shared that one of the ladies honored at this event was a resident of Monte Sereno. Vice Mayor Ellahie also shared he attended a meeting with Silicon Valley, where many elected officials were brought together to discuss affordable housing and how housing should be developed.
Councilmember Mekechuk shared the Valley Transportation Authority’s strike is over and the next meeting is being scheduled. Silicon Valley Clean Energy Authority is scheduled to meet next week, and Santa Clara County Recycling and Waste Reduction Commission scheduled a meeting for May 8 th
.
Councilmember Shannon stated nothing to report.
Mayor Craig shared he attended the West Valley Mayors and Managers meeting where there was discussion on emergency preparedness and wildfire prevention. He shared Montana Cruz with Cal Cities attended this meeting and provided everyone with information on bills that are close to going through committee.
Mayor Craig opened the Committee/Commission Report for Public Comment.
Public Comment:
• Harry Neil
With no one else wishing to speak, Mayor Craig closed Public Comment.
COUNCILMEMBER COMMENTS
Mayor Craig shared he wanted to thank Former Mayor Lawler for hosting a lunch with Assemblymember Pellerin and inviting him to it. He shared that Assemblymember Pellerin received the City’s letter regarding removing trees along Highway 9.
Councilmember Shannon shared having met with Supervisor Margaret Abe-Koga in an informal meeting, where they talked about the trees.
CITY MANAGER’S REPORT
Interim City Manager/City Planner Perkins shared that on Friday, April 25, 2025 from 9:00 a.m. to 11:00 a.m. Supervisor Abe-Koga’s Deputy Chief of Staff Amy Nguyen will be having office hours in the Council Chambers. Notification will be sent out to the community as the date approaches.
FUTURE AGENDA ITEMS
Councilmember Mekechuk would like to have a special meeting to approve the contract with Tyler Technologies to help move forward with the implementation.
11. A copy of the Tentative 2025 Council Meeting Calendar was included on the agenda.
ADJOURN
Mayor Craig adjourned the meeting at approximately 8:44 p.m.
Burton Craig, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Approve Warrant List Dated April 9, 2025 in the amount $70,602.07 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's 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:
Warrant List April 9, 2025
Check # Payable to: Description Amount
21308
Association of Bay Area
Governments
Natural Gas Service for City Hall 2/7/2025 - 3/10/205
(Invoice AR038292) 120.26
21309 VOID VOID -
21310 VOID VOID -
21311 VOID VOID -
21312 State Compensation Ins Fund
Workers Compensation Insurance (Invoice
1002384771) 1,420.33
21313 Skane Mills, LLP Legal Services 1/7/2025 - 2/19/2025 (Invoice 42762) 1,722.50 21314 Ridley Master Legal Services 2/26/2025 - 2/28/2025 (Invoice 49006) 70.50 21315 Porter Capital Corp
Accounting Consultant 3/24/2025 - 4/6/2025
(Invoices 8874 and 8890) 7,000.00
21316 Logan & Powell, LLP
City Attorney Services 3/3/2025 - 3/31/2025 (Invoices
7081, 7082, 7083, 7084, and 7085) 16,891.50
21317 Law Office of Margaret Kotzebue Attorney Services 3/1/2025 - 3/24/2025 6,930.00 21318 AIM Engineering Consultants Inc
City Engineer Consultant 3/24/2025 - 4/7/2025
(Invoice 196) 16,800.00
21319 Alana Consulting, LLC
Building Department Administration Consultant
2/24/2025 - 3/23/2025 (Invoice 2505) 10,925.00
21320 Bay Alarm
City Hall Fire Alarm Monitoring 5/1/2025 - 7/31/2025
(Invoice 22151452) 1,260.00
21321 Cadillac Designs, Inc. Vinyl Window Decals for City Hall (Invoice 10338) 601.80 21322 Foster & Foster, Inc.
Consultant Services to Prepare GASBS 75 Report
2023/24 (Invoice 35672) 2,750.00
21323
Corodata Records Management,
Inc.
Records Storage Carton and Tubes (Invoice
RS3676189) 60.42
21324 DKG Consultants
Finance Consultant 3/11/2025 - 3/26/2025 (Invoice
2025-31) 1,250.00
21325 Frontier Communications
City Hall Telephone Service Adjustment from Previous
Bill (Account 2091505812) 104.64
21326 Frontier Communications
City Hall Telephone Service 3/19/2025 - 4/18/2025
(Account 4083549387) 60.99
21327 Folger Graphics
Print Services for the Spring Newsletter (Invoice
143303) 2,634.13
Total $ 70,602.07
CITY OF MONTE SERENO
CHECK REGISTERS
CHECK DATE: APRIL 09, 2025
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Approval of a Resolution Authorizing the Interim City Manager to Execute a Five-Year Police Services Agreement (July 1, 2025 – June 30, 2030) with the Town of Los Gatos
Recommendation(s):
Staff recommends that the City Council approve the draft resolution authorizing the Interim City Manager to execute a five-year police services agreement (July 1, 2025 – June 30, 2030) with the Town of Los Gatos.
Background Information:
The Town of Los Gatos has provided law enforcement services to the City of Monte Sereno since 1995. The current agreement, which was approved in 2015, will expire on June 30, 2025.
In October 2023, the City Council established the Police Services Ad Hoc Committee and appointed Mayor Craig and Council Member Mekechuk to the committee (Resolution 23-3893 Attachment 2). The purpose of the committee was as follows:
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,
That Ad Hoc Committee expired in October 2024 and the Council established a new Ad Hoc Committee with a revised purpose of working with the Interim City Manager to determine the police service needs of the City and appropriate terms for a new contract (Resolution 24-3917 Attachment 3). Mayor Craig and Council Member Mekechuk were appointed to this new Ad Hoc Committee, which expires on July 1, 2025.
The City Council discussed the proposed terms of the new agreement at a Special City Council meeting on April 1, 2025. Direction was provided to staff to review the base rate of the agreement considering the mutual benefit of the 20 Flock cameras that the Monte Sereno City Council approved and their annual cost. Additional direction was also provided to discuss the
terms of the ‘Critical Incident’ provisions of the proposed agreement. Following is an update on the terms of these two items:
Agreement Base Rate
The proposed agreement sets the first-year base cost to $1,458,319 which was negotiated in early 2024. While this is a significant increase for Monte Sereno, over the current annual cost, it only recovers 92% of the Town of Los Gatos’ costs for providing the services. In the draft agreement, Los Gatos has agreed to a base rate that does not recover their full costs given that Monte Sereno agreed to several other cost containment items including:
Paying the annual operating cost of Flock cameras benefiting both agencies, Increased the maximum annual base cost escalator by an additional percentage point, Reduced threshold for billing Monte Sereno for critical incident services costs which are currently a cost to Los Gatos, and
Transferring risk to Monte Sereno for certain areas that are currently risk exposure to Los Gatos.
Monte Sereno’s annual cost of the Flock cameras has already been considered in the proposed base rate.
Critical Incident Services
The critical incident provisions are intended to provide assurance for Los Gatos that if an unusually time-consuming case were to occur in Monte Sereno, the City would share the cost of the investigation. The current threshold requiring payment from Monte Sereno is 900 hours and the previously discussed terms of the new agreement would have reduced this to 640 hours. However, due to concerns raised by the Council at the April 1, 2025 Special Meeting, the Town of Los Gatos has agreed to increase the threshold to 700 hours in the proposed agreement.
Analysis:
Several meetings have been held with the Monte Sereno staff, Town of Los Gatos staff, and the Ad Hoc Committee. Following are the main proposed changes to the existing agreement which will be reflected in a new agreement for services:
Term of the Agreement
The current agreement was for 10 years and is set to expire on June 30, 2025. The proposed agreement is for a five-year term with the option of a five-year extension.
Services Provided
The agreement lists the various law enforcement services that are provided including patrol hours, traffic enforcement investigations, 9-1-1 and dispatch services, records specialist services, etc. The main change proposed for these services is to the patrol services provided.
The current agreement specifies that Monte Sereno will receive an average of 80 hours of patrol officer services a week. The proposed agreement states that sworn officer services commensurate with the coverage provide in Los Gatos will be provided in Monte Sereno.
The purpose of this change in wording is to better describe the actual services received by Monte Sereno. Sworn officer services, which includes patrol hours, will be provided at the same levels they are provided in Los Gatos, which may change week to week based on the need. This change also emphasis the Police Department’s practice of providing services to Los Gatos and Monte Sereno as if these were one jurisdiction.
Cost of Services – and annual increase
The current agreement started with an annual cost of $712,787 in 2015, which increased annually based on the U. S. Department of Labor, Bureau of Labor Statistics Employment Cost Index, and Benefit Index for State and Local Government Workers plus 2%, with a maximum of 6% annually. Based on the annual increases over the past 10 years, the current cost is $1,135,514 annually.
The Town’s cost of providing police services has increased significantly over the past 10 years.
Several unfunded state and federal mandates have required the Police Department to purchase additional equipment and additional reporting requirements for the Police Department which results in increased staff time. Additional law enforcement services have also been provided since the last agreement was approved which include the Concealed Carry Weapon Permits, new CAD technology for reporting and dispatch, purchase of drones, publication of the transparency website, training of therapy dogs, and de-escalation tools. The workers’ compensation insurance and pension costs for Police Department employees has also increased significantly over the past 10 years.
The cost for services in the first year of the proposed agreement is $1,458,319. Annual increases will remain based on the same index plus 2%, but the maximum annual increase is proposed at 7%.
As a comparison, the following table shows the law enforcement services costs for other jurisdictions:
Jurisdiction Population FY 24/25 Police Budget
Town of Los Gatos 32,216 $22,021,478
Saratoga 29,607 $8,325,585
Los Altos Hills 8,189 $3,533,726
Portola Valley 4,204 $1,776,348
Use of Supplement Law Enforcement Service Funds
Monte Sereno receives $100,000 annually in Supplement Law Enforcement Service Funds from the state. The current agreement requires that Monte Sereno pass these funds to Los Gatos each year. The proposed agreement allows the two Councils to determine how the funds can be used each year. This will allow more flexibility to implement new technologies or additional services that may be desired for Monte Sereno.
The proposed agreement also allows the use of the funds for the initial installation and set up costs for the Monte Sereno Flock cameras in the first year of the agreement.
Critical Incident Services
The current agreement requires Monte Sereno to reimburse Los Gatos for investigative costs for significant crimes that result in over 900 hour staff time in a year. Currently, Monte Sereno is required to reimburse the costs over 320 hours, but only when the total efforts exceed 900 hours.
This is intended to provide assurance for Los Gatos that if an unusually time-consuming case were to occur in Monte Sereno, the City would share the cost of the investigation. While this clause was added to the current agreement due to concern over a case that had occurred in in the early 2010s, such a large investigative case has not occurred since.
The draft agreement would modify this requirement so that Monte Sereno would reimburse the investigative costs when over 700 hours of staff time is spent by Los Gatos on a single incident or a series of related incidents. The requirement to reimburse the costs of over 320 hours would remain.
Emergency Operation Center (EOC) Usage Cap Removed
The Police Department maintains the Emergency Operation Center (EOC) for use by Los Gatos and Monte Sereno in the event of an emergency such as a severe storm, wildfire, or earthquake. Los Gatos maintains the EOC facility and infrastructure and will activate the EOC as needed based on the disaster. The current agreement allows Monte Sereno to use the EOC for 240 hours each year and requires reimbursement for additional use of the center.
The proposed agreement eliminates the 240 hour limit and does not require Monte Sereno to pay additional costs for the use of the EOC in the event of a disaster.
Indemnification
A section is added to the proposed agreement which states that Monte Sereno will indemnify Los Gatos for any loss or damage that occurs which is directly related to the action of Monte Sereno Council or staff arising out of the following activities:
Police Department’s enforcement of the Monte Sereno Municipal Code where the primary basis for the claim was a defect in the Municipal Code which was outside the control of Los Gatos.
Actions taken by Los Gatos staff where the claim was due to a condition solely due to Monte Sereno’s failure to comply with federal, state, or local laws. Vehicle tows which were conducted on the reliance on Monte Sereno’s Municipal Code or signage, except where the claim is based on negligence of the towing company or Police Department.
Actions of law enforcement personnel at public or community meetings where the action was specifically directed by Monte Sereno Council or staff, except to the extent where such claim is based on the conduct of the law enforcement personnel.
Enforcement of permit conditions, except to the extent where such claim is based on the conduct of the law enforcement personnel.
Meet and Confer
A new section is proposed that would require Monte Sereno and Los Gatos to meet and confer in the event of a dispute between the two parties. The current agreement does not have this language and requires either party to take legal action if necessary to enforce the agreement.
The proposed agreement would require both parties to meet and confer as the first step in resolving a potential dispute. If that were not successful, the proposed agreement requires mediation as the next step in resolving any dispute. The final step would be a legal filing if the mediation were not successful.
Fiscal Impact:
Changes in the costs for police services will be incorporated in the proposed Fiscal Year 25/26 budget which is scheduled for the first review at the May 6, 2025 City Council meeting.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report was posted on the City’s website.
Attachments:
1. Resolution 23-3893 Establishing the Police Services Agreement Ad Hoc Committee
2. Resolution 24-3917 Establishing the Police Services Agreement Ad Hoc Committee
3. Draft Resolution - Agreement for Law Enforcement Services
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. 24-3917
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 Councilmember Craig and Councilmember 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 15th day of October, 2024, by the following vote:
AYES: TURNER, ELLAHIE, MEKECHUK, CRAIG, WOLSHEIMER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Approved:_____________________________
Evert Wolsheimer, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
Docusign Envelope ID: CE94B450-448C-4E55-ABC7-483B4A854EB5
RESOLUTION NO. 25-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A POLICE SERVICE
AGREEMENT WITH THE TOWN OF LOS GATOS FOR GENERAL LAW
ENFORCEMENT SERVICES
WHEREAS, in 1995, the Town of Los Gatos and City of Monte Sereno entered into a Thirty (30) Year Agreement where the Town of Los Gatos would provide general law enforcement services to the City of Monte Sereno; and WHEREAS, on July 1, 2015, the Town of Los Gatos and City of Monte Sereno entered into an amended and restated agreement to provide law enforcement services through June 30, 2024 to address to address certain matters resulting in abnormal cost burdens of certain activity; and
WHEREAS, the Town of Los Gatos and City of Monte Sereno which to continue their partnership by entering into a new five-year (5) Agreement for law enforcement services (“Agreement”); and
WHEREAS, this Agreement is entered into pursuant to provisions of Government Code Section 55631-55634, and all other applicable authority; and WHEREAS, this Agreement is an independent contractor agreement and is not a joint employer arrangement between Monte Sereno and Los Gatos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monte Sereno hereby approves and authorizes the Interim City Manager to execute the attached agreement for law enforcement services with the Town of Los Gatos for the period starting July 1, 2025 and ending June 30, 2030
REGULARLY ADOPTED AND PASSED this 15th day of April 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Burton Craig, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk
Exhibit A
AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF
LOS GATOS AND CITY OF MONTE SERENO
AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF
LOS GATOS AND CITY OF MONTE SERENO
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) (collectively the “Parties”), both municipal corporations and general law cities located in the County of Santa Clara, State of California.
RECITALS
A. Los Gatos has its own Los Gatos Police Department (“Department” hereinafter) and Monte Sereno does not.
B. Monte Sereno has contracted with Los Gatos since 1995 for police services and desires to continue to obtain police services from Los Gatos, as further described in Section 2 below, through an amended and restated contract and provide for police protection within its boundaries pursuant to this Agreement.
C. This Agreement is entered into pursuant to provisions of California Government Code Sections 55631 through 55634, and any and all other applicable authority.
D. Los Gatos and Monte Sereno desire to enter into a five (5) year agreement effective with an option to renew once for another five years.
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, 2025, 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. (c) The Chief and their staff shall have sole authority and control over 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 and Town Manager shall consult with the Monte Sereno City Manager on service level issues and the Parties may modify this Agreement by written amendment
signed by both Parties 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 Chief's 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 Chief 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. Through its City Manager, the City can request a higher level review of reported performance information when there are concerns related to the accuracy of information presented. The review shall first be at the Chief level, and if the response is not satisfactory, the Town Manager or designee will be charged with conducting an escalated review. As appropriate, the Chief or Town Manager will provide a response to the City Manager related to the review.
(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. 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) The Los Gatos Police officers and personnel shall remain employees of the Town. Responsibility for and control over the selection, hiring, training, assignment and discipline of Los Gatos police personnel and other matters incident to the performance of services hereunder and the control of Los Gatos personnel shall remain exclusively within Los Gatos’s authority. Formal complaints regarding the conduct of Los Gatos Police personnel may be submitted by an aggrieved party, including the Monte Sereno City Manager, to the Town and will be reviewed in accordance with Town Policy A-22 which relates to complaints against police officers.
(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. As the employer, Los Gatos retains its full rights to make employment
decisions regarding any police officers or police personnel, without any prior notice to Monte Sereno.
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 and include the following:
i. The enforcement of State Statutes and Municipal Ordinances of Monte Sereno (with any necessary legal assistance to be provided by counsel for either Los Gatos or Monte Sereno, depending upon where the violation took place), except such Municipal Ordinances of the type which would require special training of officers (e.g. certification in noise measurement, etc.) 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. Sworn Officer services commensurate with the coverage provided in Los Gatos.1*(Sworn Officers may include the Traffic Sergeant, School Resource Officers2, detectives, or other sworn personnel spending directed or discretionary time within Monte Sereno);
iii. Intake, processing, evaluation and issuance of concealed carry weapons permits in accordance with City Ordinance;
iv. Traffic enforcement1*;
v. Community Service Officer3 services;
vi. Investigations of cases meeting the assignment criteria being used by Los Gatos;
1*This includes 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. 2 School Resource Officer as defined on the Town of Los Gatos Operations Bureau page available at https://www.losgatosca.gov/138/Operations-Bureau. 3 Community Service Officer as defined in the Town of Los Gatos Job Descriptions available at https://www.losgatosca.gov/419/Job-Descriptions.
vii. 24-hour per day communications services to include:
a. 9-1-1 service;
b. Police dispatching; and
c. After-hours dispatching of non-police services.
viii. Police Records Specialist4 services;
ix. Evidence Storage;
x. Administrative support;
xi. Collateral Specialty Teams5 and Additional Programs/Resources offered in Los Gatos including, but not limited to, investigative resources for both criminal and traffic related scenes and volunteers from various programs; xii. Coordination of police resources in the event of a major disaster or emergency that necessitates the activation of the Emergency Operations Center (“E.O.C.”) in the Town, as more specifically detailed in Section 2b below.
B. Emergency Operations Center. In the event of a major disaster or emergency in Monte Sereno that necessitates the activation of the E.O.C., the Town 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 Department representative shall immediately be dispatched to the E.O.C. and report to the Monte Sereno Director of Emergency Services (City Manager or designee). Either the Chief or a Captain will respond as soon as possible and will assume responsibility of working with Monte Sereno City officials as needed. The Town 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 their 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 4 Police Records Specialist as defined in the Town of Los Gatos Job Descriptions available at https://www.losgatosca.gov/419/Job-Descriptions. 5 Collateral Specialty Teams as provided in the Town of Los Gatos FY 2023-24 Operating Budget available at https://www.losgatosca.gov/DocumentCenter/View/36220/FY-2023-24-Operating-Budget?bidId=.
Sereno require additional police support, the Chief or the Chief's staff may divert personnel and vehicles from Los Gatos to Monte Sereno for any emergencies.
C. In the event of a disaster, any FEMA, CalOES, or other reimbursement or allocation of funds (including litigation settlements or federal or state budget appropriations) associated with the disaster in Monte Sereno and provided to Monte Sereno shall be used, in part, to reimburse the Town for any costs incurred by the Town as a result of responding to the disaster. In any submission for reimbursements or allocations, Monte Sereno shall include Town costs and time.
D. Communication
(a) Performance Information. Los Gatos will make available and provide information related to service performance in Monte Sereno to the City Council which is equivalent to the information being provided to the Town Council of Los Gatos. (b) Notifications. Los Gatos will work with Monte Sereno to ensure Monte Sereno is informed of key activity related to the services provided through this Agreement and in a manner equivalent to information provided to the Town Council of Los Gatos. This includes, but is not limited to, major incidents within Monte Sereno, changes to key personnel servicing Monte Sereno such as the Chief, and/or other information which would normally be provided from police operations.
3. AUTHORITY
(a) The authority for assignment, control and discipline of Los Gatos police officers, personnel, and employees and other matters incident to the performance of services by Los Gatos under this Agreement, shall remain with Los Gatos. (b) Monte Sereno shall designate the 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.).
4. RESPONSIBILITIES
(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 and Automobile Insurance covering all Los Gatos personnel and vehicles performing services under this Agreement. (b) Los Gatos and Monte Sereno each represent and warrant that they are insured, through self-insurance or otherwise, in amounts sufficient to honor their respective indemnification obligations provided in Section 7 below, and that the indemnifying party’s insurance coverage shall be the primary insurance as respects the other party. 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, 2025, Monte Sereno agrees to pay Los Gatos the annual base rate of $1,458,319 (“Base Rate”). The Base Rate includes an overhead rate built into annual base amount and includes but is not limited to: personnel costs of 2.0 FTE Officers, 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 the cost to maintain the E.O.C. facility, the E.O.C. infrastructure and for activation of the E.O.C. in the event of a disaster or emergency as required in Section 2(b). Any additional 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 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 front line police services consistent with the Supplemental Law Enforcement Services Fund program and agreed upon in writing by the Parties within 30 days of receipt of the monies from the State of California. For the 2025 distribution, the Parties agree that Monte Sereno will retain the portion of the SLESF funds necessary to establish the Flock Camera system in Monte Sereno. The remainder will be paid to Los Gatos and used for those services agreed upon by the parties.
(d) Extensive Services. In the event of extensive services, as described in this subsection (d), provided to Monte Sereno due to critical incident(s), Los Gatos will track incident time for these events.
1. When it appears to the Chief, in their sole discretion, a single incident or a series of related incidents will involve 320 hours or more Department service hours in a year, the Chief of Police will so inform the Monte Sereno City Manager and discuss the necessary staffing levels to complete all of the associated tasks, including, but not limited to, investigations, records, court filings, and all of required work on the case and/or related cases.
2. If the Department service hours required for a single incident or a series of related incidents reported to the Monte Sereno City Manager as provided in subsection (d)(1) above result in Los Gatos performing more than 700 hours of Department service(s) in a year of the incident or the first incident in a series of related incidents, Los Gatos shall provide Monte Sereno with an accounting of the total service hours broken down between the incidents and the related Department services. and Monte Sereno agrees to pay for any additional services over 320 hours for the incident(s) in a year at the actual cost to Los Gatos to provide the services.
3. In instances where total hours equal or exceed 700 hours, Monte Sereno will be invoiced for the cost associated for hours exceeding 320. Such invoice will be payable on the fifteenth (15th) day of the succeeding month from the date of invoice.
(e) Los Gatos shall provide the Monte Sereno City Manager with a monthly statement for 1/12 of the Base Rate 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. Failure to pay within sixty (60) days of the due and payable date shall result in a penalty payment of ten (10) percent of the Base Rate.
(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%. As such, Parties agree to use the U.S.
Department of Labor, Bureau of Labor Statistics Employment Cost Index for State and Local Government Workers. In no event shall the annual increase be less than 2% nor exceed 7.0 percent.
(g) In the event of a substantive change in personnel costs to the Town, including, but not limited to, 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, the E.O.C. is available for Monte Sereno’s use as part of this Agreement. Use is defined based on any single occupancy of the facility, regardless of length of time, subject to availability, and Los Gatos staffing resources.
Monte Sereno is entitled to first priority to use the E.O.C. second only to Los Gatos. The Monte Sereno City Manager must request the use of the E.O.C. by contacting the Los Gatos Town Manager or designee. Los Gatos retains its full discretion in the use of the E.O.C. In the event the need for the E.O.C. is based on a disaster or emergency that affects Los Gatos and Monte Sereno, the Parties agree to work cooperatively to share the E.O.C. and the E.O.C. infrastructure.
(i) 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, directly to the County of Santa Clara or applicable public agency and are not included in this Agreement.
(j) 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. (l) 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.
6. TERM
This Agreement shall be effective July 1, 2025, and be operative through June 30, 2030, subject to the following cancellation provision:
(a) Except as otherwise provided in this subsection (a), the Town commits to providing the services pursuant to Section 2 of this Agreement for a three year period July 1, 2025 – June 30, 2028. During this initial three year period, Los Gatos may, at its option, only terminate this Agreement for cause and if Monte Sereno fails to cure a material breach of this Agreement within a period of 30 calendar days, from the date of Los Gatos’s written notice specifying the material breach.
(b) After June 30, 2028, either Los Gatos or Monte Sereno may unilaterally with or without cause terminate this Agreement upon at least eighteen (18) months written notice to the other party.
(c) This Agreement may also be terminated or amended as of any date by written mutual agreement of both Parties.
(d) In the case of termination of this Agreement, Los Gatos will retain and provide the appropriate documents, records, and other information normally maintained by a law enforcement agency and transfer such appropriate documents to Monte Sereno
in a reasonable timeline to facilitate Monte Sereno’s obligation to perform law enforcement activity.
(e) The Parties agree to meet before January 1, 2029, to evaluate number of calls for service, number of incidents, total hours spent on Monte Sereno cases, use of the cap on Index changes, and other metrics and will determine whether or not to extend the Agreement for an additional five (5) years beginning July 1, 2030 and ending June 30, 2035. If the Parties determine an extension of the Agreement is appropriate, they shall work together to negotiate an amendment or extension to this Agreement which may include any new, mutually agreed upon terms.
7. INDEMNIFICATION
Except as set forth below, each party shall indemnify, defend, and hold harmless the other party for any claim, injury, loss, or damage, including all costs and reasonable attorney’s fees, arising out of that party’s performance pursuant to this Agreement. This obligation to indemnify, defend, and hold harmless excludes the claims, injuries, loss, or damages arising out of the other party’s gross negligence or willful misconduct.
Additionally, Monte Sereno will indemnify, defend, and hold harmless Los Gatos from any claims, injury, loss, or damage, arising out of the following activities:
a) Enforcement of the Monte Sereno Municipal Code where the primary basis for such claim, injury, loss, or damage is a defect of the Code which is outside the control of Los Gatos or where Los Gatos employees did not materially contribute to such defect during enforcement;
b) Actions taken by Los Gatos employees where the claim, injury, loss, or damage was due to a condition which was solely due to Monte Sereno’s failure to comply with applicable federal, state, or local requirement which rendered any subsequent action indefensible by sole virtue of Monte Sereno’s failure.
c) Vehicle tows conducted in reliance upon the Monte Sereno Municipal Code or Monte Sereno signage, except to the extent such claim is based on the negligence of the towing company or the conduct of the Department; d) Law enforcement services provided at public or community meetings in Monte Sereno if specifically directed by the Monte Sereno City Manager, Mayor, or presiding Councilmember but not to the extent such claim is based on the conduct of the police officer; or
e) Enforcement of permit conditions (e.g., special use permits, temporary use permits, etc.) in Monte Sereno except to the extent such claim is based on the conduct of the police officer.
If indemnification or defense is triggered, the Parties will coordinate with each other in the defense and the indemnifying party shall bear sole responsibility for the cost of defense, penalties or other damages resulting from the claim.
8. INSURANCE
a. Scope of Insurance: Each party agrees to obtain the minimum scope of insurance described below for the duration of this contract:
(1) General Liability insurance policy(ies) insuring the entity to an amount not less than: five million dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage.
(2) Each party agrees to provide the other party all certificates of insurance, with original endorsements effecting coverage as applicable, before this contract takes effect.
b. General Liability:
i. Each entity is to be covered as additional insured/additional covered party as respects: liability arising out of activities performed by or on behalf of the entity and premises owned or used by the Consultant.
ii. Each entity's insurance coverage shall be primary insurance as respects the other entity, its elected and appointed officials, employees and agents. Any insurance or self-insurances
maintained by the other entity, its elected and appointed officials, employees, or agents, shall be excess of the other entity's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the other entity, its elected and appointed officials, employees or agents.
iv. The insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
c. All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the insured entity. Current certification of such insurance shall be kept on file at all times during the term of this agreement with each entity’s Town/City Clerk.
d. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to meet settlement or judgment of any and all claims. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Party.
9. MISCELLANEOUS
(a) No person is intended to or shall be a third party beneficiary to this Agreement.
(b) It is understood that the Town, and its employees, in the performance of the services agreed to be provided hereunder, shall act as and be an independent contractor and not an agent or employee of Monte Sereno.
(c) 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: Town Manager 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.
(d) 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.
(e) This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the Parties.
(f) Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. (g) 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. (h) In the case of dispute between the Parties, both Parties shall meet and confer to discuss the dispute and potential remedies. If the meet and confer does not resolve the dispute, both Parties agree the next step would be mediation. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, the Parties agree to submit the matter to mediation. Mediation shall be conducted within the County of Santa Clara by a mutually agreeable mediator. If the Parties cannot agree upon a mediator within thirty (30) days after either Party has requested mediation, a mediator shall be appointed by the Judicial Arbitration and Mediation Services (JAMS) office located nearest to Santa Clara County. All costs of mediation shall be shared equally by both Parties. The obligation to mediate shall be a condition precedent to the filing of any legal action or proceeding.
(i) In any legal action filed in state or federal court 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 by law.
(j) The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute
one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
(k) This Agreement shall be governed by and interpreted in accordance with California law.
(l) The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
________________________ _____________________________
CITY OF MONTE SERENO TOWN OF LOS GATOS
_____________________ _____________________
Date Date
APPROVED AS TO FORM APPROVED AS TO FORM
______________________ _______________________
Office of the City Attorney Office of the Town Attorney ATTEST
_______________________
Town Clerk
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consider Introduction of a Draft Ordinance, An Ordinance of the City Council of the City of Monte Sereno Amending Chapter 10.09 (Personal Wireless Service Facility and Antenna Criteria)
Recommendation(s):
Staff recommends that the City Council introduce the draft ordinance.
Background Information:
On December 4, 2024, the Commission received an informational item introducing work on updates to Monte Sereno’s existing wireless telecommunication regulations. Monte Sereno Municipal Code Chapter 10.09 “Personal Wireless Service Facility and Antenna Criteria” was adopted prior to 1996. Since then, the regulatory landscape has changed significantly to match the rise of cell phone ownership, usage, technology, and distribution. The City’s Legal Counsel had recommended that Staff update the Monte Sereno Municipal Code to reflect current wireless telecommunication regulations.
The proposed zoning code amendments (Attachment 1) build off of the existing Chapter 10.09, with revisions to improve clarity, incorporate new standards and processes where required for new facility types and application types, and modify existing provisions as needed for regulatory consistency.
The Municipal Code currently addresses various types of facilities, including personal wireless facilities, tv and radio antennas, satellite dish antennas, and ham radio antennas. Since the adoption of the Chapter 10.09, federal regulations have been provided to address new types of facilities, including small cell wireless facilities, and to streamline the review of certain types of applications, such as minor modifications and collocation of antennas on existing facilities.
Currently, the following wireless telecommunications facilities are located in Monte Sereno:
Type of Facility Address
Ground mounted equipment enclosure and
antennas on an existing utility pole.
18707 Saratoga Los Gatos Road (North side
of Saratoga Los Gatos Road between Quito
Road and Austin Way)
Ground mounted equipment enclosure and 18191 Saratoga Los Gatos Road (North side
Type of Facility Address
antennas on an existing utility pole. of Saratoga Los Gatos Road between Viewfield Road and Grandview Drive)
Ground mounted equipment enclosure and
approximately 64-foot-high pole with
antennas.
18840 Saratoga Los Gatos Road (South side
of Saratoga Los Gatos Road near the Fire
Station)
Ground mounted equipment enclosure and
antennas within the cross along Daves
Avenue.
17765 Daves Avenue (First Baptist
Community Church)
Other types satellite dishes, tv/radio antennas, and ham radio antennas may be located at single family properties throughout Monte Sereno, but historical permitting records for those types of permits are not readily available.
The Site and Architectural Commission reviewed the draft changes at their April 2, 2205 meeting and recommended that the City Council introduce the draft ordinance with a 5-0 vote.
Analysis:
The proposed revisions to Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA are intended to build off of the existing standards in the municipal code, with additions and edits to address new regulations, some reorganization to more easily identify the type of facility and the permits required for each type, and updates to reflect current permit types and general processing procedures. The proposed revised ordinance is included in Attachment 1.
Key changes to Chapter 10.09 include the following:
Updates to definitions to reference text and code references in federal regulations, and addition of terms not previously included but relevant to current processing of applications (Section 10.09.030).
Reorganization of permit requirements to classify types of facilities and the permits required based on different aspects for each type (Section 10.09.050). Addition of small cell wireless facilities as a new type of facility, with new regulations (Section 10.09.050 and 10.09.100).
Addition of facilities eligible for streamlined review under Section 6409(a), which include types of minor facility modification projects and collocation projects (Section 10.09.050 and 10.09.110).
Deletion of registration and declaration sections that were not part of the general practice and are not required in the code section (prior Section 10.09.190 and
10.09.200).
Deletion of life of permits section that is contrary to Federal law (Section 10.09.140).
More detailed description of edits are provided below:
10.09.010 - Purpose and intent.
Fix typos
Clarify intention to be consistent with State and federal regulations
10.09.020 - Applicability.
Clarify that the chapter applies to new facilities and modification to existing facilities
10.09.030 - Definitions.
o Standardize references to Title 47 of the Code of Federal Regulations o Introduce new technical terms and establish definitions consistent with Title 47 of the Code of Federal Regulations
10.09.040 - General Requirements.
o Clarify which requirements apply to development of new telecommunication facilities
o Clarify that all applicable Building Code requirements and engineering standards shall apply to such developments
o Remove requirement for personal wireless carriers to register with City Clerk, as it is not required.
10.09.050 -Zoning Clearance and Permits Required.
This new section consolidates existing sections 10.09.050, 10.09.060, 10.09.070,
10.09.080, and 10.09.090.
Clarifies zoning clearance or planning permits are required as established and detailed by this Chapter.
Clarifies exemptions from planning permits. This list incorporates the existing section
10.09.050: concealed antennas and certain residential tv/radio antennas, satellite dishes, and ham radio antennas.
Establishes facility type categories: personal wireless facilities, antenna facility, small cell wireless, modification of previous approved facility, TV or Radio Antenna, Satellite Dish Antenna, and Ham Radio Antenna. Groups the permit requirements previously under Sections 10.09.060 to 10.09.090; adds “small cell wireless” and “replacement or modifications eligible for streamlined review under 6409(a).” Revises “Site Development Review” to reflect the current process “City Planner administrative review and approval”.
Section 10.09.070 - General design review criteria.
Relocated an existing standard for ground mounted antennas to this section. Updated commission name.
Section 10.09.100 - Small Cell Wireless Facility Requirements.
Added a new section to regulate small cell wireless facility requirements. These facilities are wireless broadband infrastructure typically placed on existing infrastructure (such as utility poles). These regulations include references to State or Federal requirements; standards for building and safety, radio frequency, operation and maintenance, structural standards, and design standards.
Section 10.09.110 - Modification of Existing Wireless Facilities Design Requirements.
Added a new section to delineate modifications of previously-approved facilities, including modifications in general and modifications consistent with the criteria under Section 6409(a).
This section includes eligibility for streamlined review, as provided through federal regulations.
Section 10.09.120 - Minimum Application Requirements.
This section is largely maintained from the existing code. Recommended updates include:
Added application items for Personal Wireless Facilities:
radiofrequency/electromagnetic emission compliance, a compliance verification statement, and information on any concealment elements or stealth/camouflage methods
Added application requirements for small cell wireless facilities Clarified application items for Antennas related to TV, satellite, or ham radio antennas, if such features exceed standards qualifying for permit exemptions. Added application requirements for the replacement and modification of existing facilities
Section 10.09.160 - Notice Requirements.
Removes noticing for Site Development Review as the permit type is no longer applicable, and the noticing for use permits is identified in existing text.
Section 10.09.170 – Waivers and Exceptions.
Added text to provide a process to consider waivers and exceptions of standards that may result in inconsistency with state or federal law.
Section 10.09.190 and 10.09.200 .
Removed 10.09.190 (Registration of Personal Wireless Service Carriers and Providers) and
10.09.200 (Existing Antenna) as they are not typical requirements that need to be covered in the zoning code.
California Environmental Quality Act:
This ordinance is not a “project” as defined by CEQA Guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review, and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. Proposed Zoning Code Amendments with Redlines
2. Draft Ordinance Chapter 10.09
ATTACHMENT 1. Monte Sereno Municipal Code Chapter 10.09 Amendments.
Addi�ons are noted in bold and underline: bold and underline text Dele�ons are noted in strikeout: strikeout text
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA Sec�ons:
10.09.010 Purpose and intent.
A. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards for the development and installa�on of antenna and personal wireless service facili�es and related facili�es. These standards cover the si�ng, designing and permi�ng of facili�es. The regula�ons contained herein are designed to protect and promote public health, safety, community welfare and the aesthe�c quality of Monte Sereno as set forth within the goals, objec�ves and policies of the Monte Sereno General Plan; while at the same �me not unduly restric�ng the development of needed personal wireless service facili�es and amateur radio installa�ons. The intent of this Chapter is also to provide a public forum to ensure insure a balance between public and private interests in establishing personal wireless service and related facili�es. The goals of this ordinance are to:
1. Protect the visual character of the City from the poten�al adverse effects of personal wireless service facility development and antenna installa�on, consistent with provisions of State and federal regula�ons;
2. Encourage users of antenna and personal wireless service facili�es to locate them, to the maximum extent possible, in areas where the adverse impacts on the community are minimal;
3. Configure personal wireless service facili�es, which include equipment cabinets or shelter, in a way that minimizes the adverse visual impact of the facili�es; and
4. Enhance the ability of the provider of personal wireless services to provide such services to the community quickly, effec�vely and efficiently.
5. Establish standards and procedures consistent with applicable State and federal regulatory requirements for the review and permi�ng of wireless telecommunica�on facili�es.
10.09.020 Applicability.
A. This ordinance shall apply to all antenna and types of personal wireless service facili�es, including new facili�es and modifica�on to exis�ng facili�es, within the City, consistent with the development standards and planning permit requirements established under this sec�on.
B. Antenna and personal wireless service facili�es that are constructed or installed in accordance with the provisions of this ordinance shall not be deemed to cons�tute the expansion of a nonconforming use or structure.
10.09.030 Defini�ons.
A. As used in this ordinance, the following terms shall have the following meanings:
1. "Antenna" is any system of poles, panels, rods, dishes, discs or similar devices used for the transmission or recep�on of radio frequency signals, and consistent with the terms under Title 47 of the Code of Federal Regula�ons 47 CFR Sec�on 1.6002.
a. “Omni-direc�onal antenna” transmits and/or receives radio frequency signals in a three hundred sixty (360) degree radial patern.
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ b. “Direc�onal antenna” (also known as “panel” antenna) transmits and/or receives radio frequency signals in a direc�onal patern of less than three hundred sixty (360) degrees. c. “Parabolic antenna” (also known as a satellite dish antenna) is a bowl shaped device for the recep�on and/or transmission of radio frequency communica�ons signals in a specific direc�onal patern.
A. “Antenna Facility — Building or Ground Mounted” is an antenna facility consisting of single or multiple posts or masts that are ground or building mounted, up to a height of seventeen (17) feet supporting one or more antennas, dishes, arrays, etc., excluding TV or radio antennas and ham radio antennas (antennas owned and operated by a federally-licensed amateur radio station operator).
2. “Antenna Equipment” shall have the same meaning as the term under Title 47 of the Code of Federal Regula�ons Sec�on 1.6002.
3. “Antenna Facility” is an antenna facility consis�ng of single or mul�ple posts or masts that are ground or building mounted, up to a height of seventeen (17) feet suppor�ng one or more antennas, dishes, arrays, etc., excluding TV or radio antennas and ham radio antennas (antennas owned and operated by a federally-licensed amateur radio sta�on operator), as consistent with the terms defined under Title 47 of the Code of Federal Regula�ons Sec�on 1.6002.
4. “Base Sta�on” is a structure or equipment at a fixed loca�on that enables Commission-licensed or authorized wireless communica�ons between user equipment and a communica�ons network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower as consistent with the term defined under Title 47 of the Code of Federal Regula�ons Sec�on
1.6100(b)(1).
5. C."Co-Loca�on", or “Colloca�on”, consistent with State and federal law, including Title 47 of the Code of Federal Regula�ons Sec�on 1.6002, encompasses: exists when more than one personal wireless service provider mounts equipment on a single support structure a. Moun�ng or installing an antenna facility on a pre-exis�ng structure; and/or b. Modifying a structure for the purpose of moun�ng or installing an antenna facility on that structure.
c. The defini�on of “colloca�on” in § 1.6100(b)(2) is the moun�ng or installa�on of transmission equipment on an eligible support structure for the purpose of transmi�ng and/or receiving radio frequency signals for communica�ons purposes, as defined under Title 47 of the Code of Federal Regula�ons applies to the term as used in that sec�on.
6. “Compliance Verifica�on Statement” means a sworn statement en�tled "Compliance Verifica�on" signed by the Applicant or by the Applicant's authorized agent or representa�ve, sta�ng that the applicant holds all applicable licenses or other approvals required by the Federal Communica�ons Commission (FCC), the California Public U�li�es Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunica�ons facili�es that are required in order for the applicant to construct the proposed facility. This requirement includes compliance with all condi�ons imposed in conjunc�on with such federal and state licenses or approvals, a descrip�on of the
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ number, type, power ra�ng, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facili�es, and engineering calcula�ons demonstra�ng that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.
7. “Concealment elements” means elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base sta�on.
8. “Defeat concealment” means a modifica�on that causes a reasonable person to view the structure’s intended stealth design as no longer effec�ve a�er the modifica�on. Conversely, a modifica�on does not defeat concealment if stealth design features would con�nue to effec�vely make the structure not appear to be a wireless facility or as defined under Title 47 of the Code of Federal Regula�ons Sec�on
1.6100(b)(7)(v).
9. C. "Equipment Shelter or Cabinet" means a cabinet or building used to house equipment used by personal wireless service providers to house equipment at a facility.
10. D. "Height" shall mean, when referring to antenna facili�es, the distance measured from ground level to the highest point on the antenna facility even if said highest point is an antenna.
11. E. "Related equipment" means all equipment ancillary to the transmission and recep�on of voice and data radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors.
12. “Micro Wireless Facility” means a small personal wireless facility that is no larger than 24 inches long, 15 inches wide, 12 inches high, and which has an exterior antenna, if any, no longer than 11 inches.
13. “Opera�ons and Maintenance Agreement”, or “Master License Agreement”, means an agreement establishing the terms of use and responsibili�es between the Applicant and the City of Monte Sereno for projects involving exis�ng or proposed facili�es that are or will be owned or managed, in whole or in part, by the City of Monte Sereno. Such agreement may involve, but is not limited to, the ini�a�on, use, opera�on, maintenance, fees, and basis for termina�on of the wireless facility.
14.K. "Personal Wireless Service Facility" is an unstaffed facility, generally consis�ng of transmiters, antenna structures and other types of installa�ons which receive and/or transmit radio frequency signals for the provision of personal wireless services, or commercial mobile services, including ancillary equipment cabinet or structure, and related equipment. Common examples of commercial mobile services are personal communica�ons services (PCS), cellular radiotelephone service and paging. Residen�al home satellite services are not considered "personal wireless service."
15. “Small Wireless Facility” means facili�es that meet each of the following condi�ons:
a. With regard to facili�es: (a) are mounted on structures 50 feet or less in height including their antennas as defined in subsec�on (A) of this Sec�on; or (b) are mounted on structures no more than 10 percent taller than other adjacent structures; or (c) do not extend exis�ng structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ b. Each antenna involved in the deployment, with excep�on of the associated antenna equipment, is no more than three cubic feet in volume;
c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-exis�ng associated equipment on the structure, is no more than 28 cubic feet in volume;
d. The facili�es are not located on Tribal lands; and
e. The facili�es do not result in human exposure to radio frequency radia�on in excess of the applicable safety standards specified under Title 47 Code of Federal Regula�ons Sec�on
1.1307(b).
16. “Substan�al Change” means a modifica�on that changes the physical dimensions of an eligible support structure as defined in Title 47 of the United States Code Sec�on 1.6100(b)(7).
17. “Tolling Period” shall mean the number of days from the day a�er the date when the si�ng authority no�fies the applicant in wri�ng that the applica�on is materially incomplete and clearly and specifically iden�fies the missing documents or informa�on that the applicant must submit to render the applica�on complete and the specific rule or regula�on crea�ng this obliga�on; un�l the date when the applicant submits all the documents and informa�on iden�fied by the si�ng authority to render the applica�on complete or as defined under Title 47 of the Code of Federal Regula�ons Sec�on 1.6003.
18. “Tolling Agreement” means a writen agreement between the City and an applicant to establish an alterna�ve �meframe for applica�on review that varies from the standard tolling period.
19. “Tower” shall mean any structure built for the sole or primary purpose of suppor�ng any Commission-licensed or authorized antennas and their associated facili�es, including structures that are constructed for wireless communica�ons services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site or as otherwise defined under Title 47 of the Code of Federal Regula�ons Sec�on 1.6100(b)(9).
20.O. "Universal Service" is the public policy goal that Congress first mandated in the 1935 Communica�ons Act to make telephone service widely available at affordable prices. As the FCC implements the Telecommunica�ons Act of 1996, its defini�on will con�nue to evolve to include public access to the informa�on superhighway from every school, hospital, government office, library, post office and households.
10.09.040 General requirements.
A. The following requirements shall apply to the development of new antennas, satellite dishes and personal wireless facili�es, except as otherwise provided by this Chapter or by State and federal regula�ons be met for all antenna and personal wireless service facili�es in the City:
1. Any applicable General Plan Goals, Objec�ves, Program and Policies, Specific Plan, Zoning District standards, Design Guidelines, and the permit requirements of any agencies that have jurisdic�on over the project;
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________
2. All the requirements established by the other chapters of the Monte Sereno Municipal Code that are not in conflict with the requirements contained in this Chapter;
3. All applicable Building Code requirements and engineering standardsThe Uniform Building Code; Na�onal Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;
4. Any applicable easements or similar restric�ons on the subject property, including adopted Zoning District standards;
5. All antenna and personal wireless service facili�es must not be located within any required yard setback area of the zoning district in which it is located with the excep�on of possible encroachment of the antenna array into airspace of said setback;
6. All antenna and personal wireless service facili�es shall avoid any unreasonable interference with views from neighboring proper�es;
7. All setbacks shall be measured from base of the antenna or personal wireless facility closest to the applicable property line or structure;
8. Where feasible, personal wireless service facili�es shall be encouraged to be located on City-owned property, or controlled property, or right-of way, or other public facili�es, such as water tanks and other u�lity structures;
9. All antenna and personal wireless facili�es must meet or exceed current standards and regula�ons of the Federal Communica�ons Commission (FCC), the California Public U�li�es Commission, and any other agency of the federal or state government with the authority to regulate antenna and personal wireless service facili�es. If such standards and regula�ons are changed, then the owners of the personal wireless service facili�es governed by this ordinance shall bring such facili�es into compliance with such revised standards and regula�ons within six (6) months of the effec�ve date of such standards and regula�ons, unless a more stringent compliance schedule is mandated by the controlling federal or state agency.
Failure to bring personal wireless Service facili�es into compliance with such revised standards and regula�ons shall cons�tute ground for the removal of such facili�es at the owner's expense;
10. All personal wireless service facili�es shall maintain in place a security program when determined necessary by and subject to the review and approval of the Police Chief that will prevent unauthorized access and vandalism;
11. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their func�on;
12. All personal wireless service carriers and providers engaged in the business of transmi�ng, supplying or finishing of wireless services origina�ng or termina�ng in the City of Monte Sereno shall register with the City by filing a no�ce, in wri�ng, with the City Clerk;
12.13. Sufficient an�-climbing measures shall be incorporated into all personal wireless service facili�es, as needed, to reduce poten�al for trespass and injury;
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________
13.14. All equipment shelters or cabinets must be concealed from public view or made compa�ble with the architecture of surrounding structures or placed underground, and regularly maintained;
14.15. All personal wireless service facili�es shall be constructed and operated in such a manner as to minimize the amount of noise impacts to the residents of nearby homes. Back-up generators shall only be operated during power outages and for tes�ng and maintenance purposes. If the facility is located within one hundred (100) feet of a residen�al dwelling unit, noise atenua�on measures shall be included to reduce noise levels;
15.16. Personal wireless service facili�es shall not be located in front of main structures, and/or along major street frontages where they will be readily visible and unsightly; and
16.17. No por�on of an antenna array shall extend beyond the property lines or into the area in front of the primary building on the parcel, so as to create a nega�ve visual impact.
10.09.050 Permitted uses.
The uses listed under this Section 10.09.050 are deemed to be permitted uses and shall not require planning permits unless the applicant seeks a modification of the basic development standards, design criteria and conditional use permit criteria set forth in the applicable Zoning District where the structure is placed and unless located on an historic site. The following permitted uses shall comply with the general requirements of the Section
10.09.040 and building permit requirements as applicable.
Antennas that are totally concealed.
B. One TV or radio antenna not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel.
C. One satellite dish antenna not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel.
D. One ham radio antenna not exceeding thirty-five (35) feet per residential parcel.
10.09.050 Zoning Clearance and Permits Required.
A. No party shall deploy antennas and personal wireless facili�es within the City of Monte Sereno without first obtaining all required approvals and permits from the City, consistent with the requirements established under this Chapter and all applicable State and federal provisions.
1. Permit Required. All antennas and wireless facili�es are required to obtain zoning clearance and Planning permits established under this Chapter, unless otherwise required by State and federal regula�ons or exempt below.
a. Project shall obtain any addi�onal permits from the City of Monte Sereno as required to implement the proposed work (e.g., building permits, encroachment permits, etc.). b. Applica�on review shall be conducted consistent with State and federal regula�ons.
2. Exemp�ons. The following uses listed are deemed to be permited uses and shall not require planning permits unless the applicant seeks a modifica�on of the basic development standards, design criteria and condi�onal use permit criteria set forth in the applicable Zoning District where the structure is
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ placed and unless located on an historic site. The following permited uses shall comply with the general requirements of the Sec�on 10.09.040 and building permit requirements as applicable. a. Antennas that are totally concealed.
b. One TV or radio antenna not exceeding twenty-five (25) feet for the sole use of tenant occupying residen�al parcel.
c. One satellite dish antenna not exceeding four (4) feet in diameter for sole use of tenant occupying residen�al parcel.
d. One ham radio antenna not exceeding thirty-five (35) feet per residen�al parcel.
3. Personal Wireless Facili�es
a. New personal wireless facili�es require a Condi�onal Use Permit, except as otherwise provided under this Chapter or by State and federal regula�ons. b. Personal wireless service facili�es located on sites with historical significance as recognized by the City shall require Condi�onal Use Permit, except as otherwise provided under this Chapter or by State and federal regula�ons.
c. New personal wireless service facili�es placed on u�lity poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number require the issuance of an encroachment permit under the Monte Sereno Municipal Code.
d. Any mul�family residen�al building 40 feet or greater in height that would have new antenna facili�es located on the building requires a Condi�onal Use Permit, except as otherwise provided under this Chapter or by State and federal regula�ons.
4. Small Cell Wireless
a. New small cell wireless facility deployment involving installa�on of small cell wireless antennas and equipment on a new or exis�ng structure requires City Planner administra�ve review and approval.
b. Installa�on on a City-owned u�lity pole or facility also requires an opera�on and maintenance agreement/master license agreement with the City of Monte Sereno, approved by the City Manager.
c. Applica�on review shall be conducted consistent with State and federal requirements, including tolling periods.
5. Modifica�on of Previous Approved Facility
a. With the excep�on of projects that meet the eligibility and criteria under Sec�on 6409(a), the following types of projects require City Planner administra�ve review and approval:
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ i. Replacement of pre-exis�ng personal wireless service facili�es, installed under a prior approval under this Chapter, which is being proposed for replacement by equipment of iden�cal or smaller size, at the discre�on of the City Manager. ii. Personal wireless service facili�es placed on u�lity poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number.
b. Replacement or modifica�ons eligible for streamlined review under 6409(a) i. Eligible projects under Sec�on 6409(a) of the Middle Class Tax Relief Act of 2012 (Sec�on 6409(a)) require ministerial plan check review through the building permit applica�on review process. Projects include requests to collocate, replace or remove transmission equipment at an exis�ng tower or base sta�on submited pursuant to sec�on 6409(a).
6. TV or Radio Antenna
a. One antenna if not exceeding twenty-five (25) feet for the sole use of tenant occupying residen�al parcel is exempt from a Planning permit.
b. One antenna if exceeding twenty-five (25) feet, but less than fi�y (50) feet for residen�al tenant use only requires City Planner administra�ve review and approval. c. Any other TV or Radio Antennas require a Condi�onal Use Permit.
7. Satellite Dish Antenna
a. One satellite dish antenna if not exceeding four (4) feet in diameter for sole use of tenant occupying residen�al parcel is exempt from a Planning permit. b. One satellite dish antenna if greater than four (4) feet in diameter, but less than eight (8) feet in diameter for residen�al tenant use only requires City Planner administra�ve review and approval.
c. Two to three satellite dish antenna if four (4) feet or less in diameter for residen�al tenant use only requires City Planner administra�ve review and approval. d. Any other satellite dish antennas require a Condi�onal Use Permit.
8. Ham Radio Antenna
a. One ham radio antenna if not exceeding thirty-five (35) feet per residen�al parcel is exempt from a Planning permit.
b. One ham radio antenna if exceeding thirty-five (35) feet, but less than seventy (70) feet requires a City Planner administra�ve review and approval. c. One ham radio antenna if exceeding seventy (70) feet requires a Condi�onal Use Permit.
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ d. More than one ham radio antenna if exceeding thirty-five (35) feet but less than seventy (70) feet requires a Condi�onal Use Permit.
10.09.060 Site development review required.
The following are antenna and personal wireless service facilities that shall require Site Development Review approval.
1. Antenna facili�es, four or less, when located on mul�family residen�al buildings that are at least forty (40) feet in height.
2. One TV or radio antenna exceeding twenty-five (25) feet, but less than fi�y (50) feet for residen�al tenant use only.
3. One satellite dish antenna greater than four (4) feet in diameter, but less than eight (8) feet in diameter, for residen�al tenant use only.
4. More than one, but not more than three satellite dish antennas, four (4) feet or less in diameter, for residen�al tenant use only.
5. One ham radio antenna exceeding thirty-five (35) feet, but less than seventy (70) feet.
10.09.070 Conditional use permit and site development review approval required.
The following personal wireless service facilities shall require Conditional Use Permit and Site Development Review approval:
Antenna facilities not listed under Section 10.09.050 "Permitted Use" and Section 10.09.060 A.1 through A.5. Ground mounted antenna facilities shall not exceed seventeen feet (17) to the top of the antennas.
A. One ham radio antenna exceeding seventy (70) feet.
B. More than one ham radio antenna exceeding thirty-five (35) feet but less than seventy (70) feet.
10.09.080 Other personal wireless service facilities requiring only administrative site development review approval.
A. Site Development Review is required for replacement of pre-existing personal wireless service facilities, installed under a prior approval under this Chapter, which is being proposed for replacement by equipment of identical or smaller size, at the discretion of the City Manager.
B. Personal wireless service facilities placed on utility poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number.
10.09.090 Personal wireless service facilities located on sites with historical significance as recognized by the City.
A. Permitted personal wireless service facilities as defined in Section 10.09.050 of this Chapter located on historic sites shall require Conditional Use Permit and Site Development Review.
B. A Conditional Use Permit is required for all personal wireless service facilities that are not permitted as defined under Section 10.09.050 that are located on historic sites.
10.09.060 10.09.100 Basic development standards for satellite dish antennas greater than one meter (3.28 Feet).
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ A. Ground or pla�orm mounted satellite dish antennas in any residen�al zoning district shall be screened from public view from streets and adjacent proper�es by at least a six (6) foot high solid wall or fence, or by plants or trees of equal minimum height.
B. Ground or pla�orm mounted satellite dish antennas in any residen�al zoning district that are higher than six (6) feet shall be located one foot back from the setback line for each foot of height above six (6) feet.
10.09.070 10.09.110 General design review criteria.
A. Personal wireless service facili�es shall be located, designed and screened to blend with the exis�ng natural or built surroundings and exis�ng suppor�ng structures.
B. Atached antenna facili�es (antenna facility affixed to an exis�ng structure that is not considered a component of the atached antenna facility) should be painted and/or textured to match the exis�ng support structure.
C. Personal wireless service support facili�es (i.e., vaults, equipment rooms, u�li�es, and equipment enclosures) shall be constructed out of non-reflec�ve materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the greatest extent possible.
D. Personal wireless service support facili�es shall be no taller than one story fi�een (15) feet in height and shall be treated to look like a building or facility typically found in the area.
E. Personal wireless service support facili�es in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.
F. All buildings, poles, towers, antenna supports, antennas, and other components of each personal wireless service facility site shall be ini�ally painted and therea�er repainted as necessary with a "flat" paint. The color selected shall be one that in the determina�on of the City Planner or Site and Architecture Commitee Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that loca�on.
G. The City shall have the authority to require special design of the personal wireless service facili�es where findings of par�cular Sensi�vity are made (e.g., proximity to historic or aesthe�cally significant structures, views and/or community features).
H. Poles, towers and antenna supports shall not be ar�ficially lighted, unless required by the FAA or other applicable authority. If ligh�ng is required, the Site and Architecture Commitee Commission may review the available ligh�ng alterna�ves and approve the design that would cause the least disturbance to the surrounding views.
I. Building-mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ J. Antennas that are atached to roofs shall maintain a 1:1 ra�o for equipment setback (example: ten (10) feet high antenna requires ten (10) feet setback from facade) unless an alterna�ve placement would reduce visual impact and placing roof mounted antennas in direct line with significant view corridors shall be avoided.
K. Ground mounted antenna facili�es shall not exceed seventeen feet to the top of the antennas.
10.09.080 10.09.120 Condi�onal use permit criteria for all personal wireless service facili�es.
A. All personal wireless service facili�es shall be substan�ally screened from the view of surrounding proper�es so as not to create substan�al visual or noise impacts.
1. Factors Considered in Gran�ng a Condi�onal Use Permits. The following factors shall be considered when determining whether to issue a condi�onal use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this ordinance are beter served thereby.
a. Nature of uses on adjacent and nearby proper�es;
b. Surrounding topography;
c. Surrounding tree coverage and foliage; and
d. Proposed ingress and egress.
2. Availability of Suitable Exis�ng Personal Wireless Service Facili�es. No new personal wireless service facility shall be permited unless the applicant demonstrates to the reasonable sa�sfac�on of the City Council that no exis�ng antenna facility can accommodate the applicant's proposed antenna. Evidence submited to demonstrate that no exis�ng antenna facility can accommodate the applicant's proposed antenna may consist of any of the following:
a. No exis�ng antenna facili�es located within the geographic area required to meet the applicant's engineering requirements.
b. Exis�ng antenna facili�es are not of sufficient height to meet applicant's engineering requirements.
c. Exis�ng antenna facili�es do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagne�c interference with the antenna on the exis�ng antenna facili�es or the antenna on the exis�ng facili�es would cause interference with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an exis�ng antenna facility or to adapt an exis�ng facility for sharing are unreasonable. Costs exceeding new facility development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limi�ng factors that render exis�ng towers and structures unsuitable.
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________
3. Security Fencing. Personal wireless service facili�es that support one or more antennas shall be enclosed with security fencing not less than six (6) feet in height and shall be equipped with an appropriate an�-climbing device; provided, however, that the City Council may waive such requirements, as it deems appropriate.
4. Landscaping. The following requirements shall govern the landscaping surrounding personal wireless service facili�es that support one or more antennas for which a condi�onal use permit is required; provided, however, that the City Council may waive such requirements if the goals of this ordinance would be beter served thereby.
a. In loca�ons where the visual impact of the personal wireless service facility would be minimal, the landscaping requirement may be reduced or waived altogether. b. Personal wireless service facili�es shall be landscaped with a buffer of plant materials that effec�vely screens the view of the personal wireless service facility compound from adjacent residen�al property.
c. Exis�ng mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
10.09.100 Small Cell Wireless Facility Requirements
A. State or Federal Requirements. Small cell wireless facili�es, including ancillary equipment, must meet or exceed current standards and regula�ons of the Federal Communica�ons Commission (FCC), the Federal Avia�on Administra�on (FAA), all applicable federal, state, and local health and safety regula�ons, including the Americans with Disabili�es Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facili�es. If, at any �me, the state or federal standards are modified, then applicant shall bring any and all permited facili�es into compliance with current standards and regula�ons within three (3) months of the effec�ve date of such modified standards and regula�ons, unless a different compliance schedule is mandated by the controlling state or federal agency.
Failure to bring permited facili�es into compliance with such revised standards and regula�ons shall cons�tute grounds for the revoca�on of city permit and require removal of the small cell facility at the service provider's expense.
B. Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facili�es installed within the city, and shall ensure that the facili�es are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facili�es that are published by the Electronic Industries Associa�on, as amended from �me to �me. If, upon inspec�on, the City determines that a facility fails to comply with such codes and standards and cons�tutes a danger to persons or property, then upon no�ce being provided to the applicant of the facility, the applicant shall have fi�een (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required �me shall cons�tute grounds for the revoca�on of city permit and required removal of the small cell facility at the owner's expense.
C. Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permited small cell wireless facili�es comply with FCC Standards, including any cumula�ve standards.
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ D. Opera�on and Maintenance Standards. All small cell wireless facili�es shall at all �mes comply with the following standards in addi�on to any other condi�ons required by permits issued pursuant to this Chapter.
1. Except as provided in subsec�on D2 below, an applicant shall not install signs, display logos, or run adver�sement on, alongside, or in connec�on with a permited facility.
2. Every permited facility shall contain signage lis�ng the name and contact informa�on for an emergency contact individual or service shall be erected for every permited facility. The signage shall comply with design, material, color and loca�on requirements as stated in the applicable permit.
Contact informa�on listed on the sign shall be kept current and promptly be provided to the City.
3. Each permited facility and any ancillary equipment shall be maintained in good working condi�on and appearance, free from trash, debris, liter and graffi� and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous condi�ons or visual blight. Graffi� shall be removed from any facility or equipment as soon as prac�cable, and in no instance more than forty-eight (48) hours from the �me of receipt of City no�ce.
4. Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with applicable requirements in the Monte Sereno Noise Ordinance. a. Except for emergency repairs, tes�ng and maintenance ac�vi�es that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.
b. All air condi�oning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise atenua�on devices to the extent necessary to ensure compliance with applicable noise limita�ons in the Noise Ordinance.
5. Each facility shall install the following security measures:
a. An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permited facility in order to protect emergency response personnel. For co-loca�ng facili�es, a single "kill switch" shall be installed that will de-energize all facili�es located on the same pole at the facility in the event of an emergency. b. Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installa�ons must comply with design standards and nuisance regula�ons, and must not interfere with city emergency services or transmission.
6. Each facility shall be relocated at applicant's sole cost, upon demand by City with reasonable no�ce, to allow for public projects, services or improvements.
7. The applicant shall, at its sole cost, be responsible for repairing to City standard specifica�ons or replacing in-kind any City facili�es or improvements disturbed or damaged during the installa�on, maintenance, opera�on, repair or removal of applicant's small cell wireless facili�es, ancillary
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ equipment, and any support infrastructure. City facili�es or improvements covered by this subsec�on includes, but are not limited to the following:
a. curb, guter, sidewalk, storm drains, and pavements; and b. landscaping; and
c. structures, buildings, light poles and fixtures.
E. Electrical Metering and Structural Standards. All small cell wireless facili�es shall comply with the following requirements:
1. All electrical power required by small cell wireless facility installa�ons shall be metered independently from any an�cipated or exis�ng City projects or facili�es.
2. All exis�ng City-owned street light poles proposed for small cell wireless facility installa�ons shall be inspected prior to installa�on in accordance with the most recent City structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer. a. Applicants reques�ng to install a small cell wireless facility on City-owned street light poles shall provide documenta�on demonstra�ng that the pole proposed for installa�on meets or exceeds such City standards.
b. If the City-owned street light pole proposed for a small cell wireless facility installa�on does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alterna�vely, the applicant may at its own cost replace the exis�ng street light pole at the proposed installa�on loca�on with a pole that meets or exceeds the City's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any exis�ng ligh�ng fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrifica�on of the new installa�on with the u�lity provider, including independent metering of electrical power required for applicant's installa�ons. Upon installa�on, the new pole shall become the property of the City.
F. Applicants intending to use City-owned facili�es shall be required to enter into an opera�ons and maintenance agreement/ master license agreement with the City for the facility.
G. Design Standards.
1. General Standards. Small cell wireless facili�es and any ancillary equipment shall comply with the following permit requirements of this sec�on, and shall be located and designed and whenever possible screened to blend with the exis�ng natural or built surroundings, as is required for similar construc�on projects within the city. Small cell wireless facili�es shall u�lize the smallest footprint possible and shall be designed to minimize the overall height, mass, and size. Improvements that will be primarily viewed against soils, trees, vegeta�on, or grasslands shall be painted colors matching these landscapes while elements that are not against these elements and rise above the horizon shall be painted to match the predominant color of the
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ u�lity pole to which it is atached or a blue gray that matches the typical sky color at that loca�on to the sa�sfac�on of the City Planner.
2. Ancillary Equipment. To comply with important local aesthe�cs and expressive concerns, ancillary equipment and any support facili�es for small cell wireless facili�es located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the exis�ng u�li�es are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applica�ons that involve lesserpreferred installa�on loca�ons may be approved by demonstra�ng infeasibility to the sa�sfac�on of the City Planner and City Engineer, or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be painted to match the color of the structure where the equipment is atached, painted to match the environment in the immediate surroundings, covered by screening elements, or located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabili�es Act.
3. Pole Designs. All small cell wireless facility pole installa�ons designed to be integrated with new light poles shall be sufficiently designed and engineered such that no addi�onal suppor�ng hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an exis�ng light pole shall be painted and/or textured to match that structure.
4. Non-Reflec�ve Materials. Small cell wireless facili�es shall be constructed out of nonreflec�ve materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.
5. Design Preserva�on. Applicants are responsible for maintaining and preserving design and aesthe�c features for each facility, ancillary equipment and any support infrastructure, including but not limited to color, �nt, shade, treatment, pain�ng, surface treatment, replacement landscaping, stealth design, and concealment.
F. Security Fencing. Security fencing is permited along the perimeter of a wireless facility, except for any barbed wire, razor wire or any other fencing that would be inherently dangerous, and where such fencing would not obstruct an accessible path of travel, would not conflict with other applicable standards and regula�ons, and would not create condi�ons resul�ng in hazard to public health and safety.
G. Volume. Except as otherwise defined by federal regula�ons, each individual antenna for a small cell wireless facility may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumula�vely exceed: (i) nine (9) cubic feet in volume if installed in a residen�al district or within five hundred (500) feet from any structure approved for a residen�al use; or (ii) seventeen (17) cubic feet in volume if installed in a non-residen�al district. The volume calcula�on shall include any shroud, cabinet or other concealment device used in connec�on with the non-antenna accessory equipment. The
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ volume calcula�on shall not include any equipment or other improvements placed underground.
10.09.110 Modifica�on of Exis�ng Wireless Facili�es Design Requirements.
A. Modifica�on of a previously approved facility, except for projects eligible for streamlined review under Sec�on 6409(a) of the Middle Class Tax Relief and Job Crea�on Act of 2012.
1. Modifica�ons shall adhere to the condi�ons of approval and minimize visual impact as much as possible. Modifica�ons shall incorporate applicable general design review criteria and condi�onal use permit criteria under this Chapter to the extent feasible.
B. Modifica�ons eligible for streamlined review under Sec�on 6409(a) of the Middle Class Tax Relief and Job Crea�on Act of 2012.
1. 6409(a) criteria. A project resul�ng in a substan�al physical change is not eligible for use of Sec�on 6409(a), consistent with provisions under federal regula�ons. A substan�al change includes the following, or as established in federal regula�ons:
a. Height
i. For towers other than towers in the public rights-of-way, the project increases the height of the tower by: i) more than 10%; OR ii) the height of one addi�onal antenna array with separa�on from the nearest exis�ng antenna not to exceed 20 feet, whichever is greater;
ii. For other eligible support structures, the project increases the height of the structure by: i) more than 10% or ii) more than 10 feet, whichever is greater. b. Width
i. For towers other than towers in the public rights-of-way, the project involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower: i) more than 20 feet; or ii) more than the width of the tower structure at the level of the appurtenance, whichever is greater;
ii. For other eligible support structures, the project involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet;
c. Equipment Cabinets
i. For any eligible support structure, the project involves installa�on of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or,
ii. For towers in the public rights-of-way and base sta�ons, the project involves installa�on of any new equipment cabinets on the ground if there are no pre-exis�ng ground cabinets associated with the structure, or else involves installa�on of ground
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
d. Excava�on/Deployment Beyond Site:
i. The project entails “any excava�on or deployment outside the current site” where site means:
A. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or u�lity easements currently related to the site, and, B. For other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
e. Concealment Elements, modifica�on is a substan�al change if it would “defeat the concealment elements of” the wireless tower or base sta�on. f. Other Condi�ons on the Wireless Tower or Base Sta�on. A modifica�on is also a substan�al change if it does not comply with condi�ons—other than those condi�ons related to height, width, equipment cabinets, excava�on/deployment, or concealment elements—associated with the si�ng approval of the construc�on or modifica�on of the eligible support structure or base sta�on equipment.
10.09.120 10.09.130 Minimum applica�on requirements.
A. The following are the minimum criteria applicable to all antenna and personal wireless service facili�es, except permited facili�es as defined in Sec�on 10.09.050. In the event that a project is subject to discre�onary and/or environmental review, mi�ga�on measures or other condi�ons of approval may also be necessary. The City Manager may waive certain applica�on submital requirements if determined that said item is not necessary for evalua�ng the project for planning permit approval.
B. The City Manager shall establish and maintain a list of informa�on that must accompany every applica�on for the installa�on of an antenna and personal wireless service facility. Said informa�on shall include, but not be limited to, the following:
1. Personal Wireless Facili�es:
a. Defini�on of the service area needed for coverage or capacity and service area maps and informa�on showing that the proposed facility would provide the needed coverage or capacity. b. Alterna�ve site analysis and map showing all alternate sites from which the needed coverage could also be provided, indica�ng the zoning for all such sites. The analysis shall address the poten�al for co-loca�on at an exis�ng or new site.
c. Visual impact analysis; photo simula�ons/montages and/or visual impact demonstra�ons including mock-ups.
d. Noise impact analysis.
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ e. Plans and drawings for the proposed facility.
f. Master plan for all related facili�es currently in the City and planned in the future, including informa�on about the loca�on, height and design of each facility within the city limits of Monte Sereno and within one-quarter (1/4) mile therefrom. The City may share such informa�on with other applicants applying for administra�ve approvals and/or use permits under this ordinance or other providers/carriers seeking to locate antennas within the jurisdic�on of the City, provided, however, that the City is not, by sharing such informa�on, in any way represen�ng or warran�ng that such sites are available or suitable.
g. Facility design alterna�ves to the proposal.
h. Deposits for peer review.
i. CEQA compliance documenta�on.
j. Radiofrequency/ electromagne�c emission compliance report. k. Compliance verifica�on statement.
l. Descrip�on of any concealment elements, or stealth or camouflaging methods.
2. Small Cell Wireless:
Applicants submi�ng applica�ons for more than two loca�ons will be required to batch their applica�ons.
a. Plans and drawings for each proposed facility.
b. Lis�ng of all small cell facili�es included in the batch of applica�ons. c. Map iden�fying the loca�on of all wireless facili�es within 500 feet of the proposed sites. d. For projects involving exis�ng or proposed City facili�es: opera�ons and maintenance agreement/master license agreement, in a form approved by the City Atorney e. For projects involving u�lity poles and facili�es not owned by the City: authoriza�on leter from the applicable owners/joint power authori�es.
f. Visual impact analysis: photo simula�ons/montages and/or other visual impact aids g. Radiofrequency/ electromagne�c emission compliance report. h. Compliance verifica�on statement.
3.2. Antennas (TV, Satellite, Ham Radio)
a. Plans and drawing for the proposed facility.
b. Visual impact analysis: photo simula�ons/montages and/or other visual impact aids.
4. Replacement and Modifica�on of Facili�es
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Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ a. Plans and drawings for each proposed facility.
b. Projects using Sec�on 6409(a) shall iden�fy how the project meets the criteria for Sec�on 6409(a) eligible facili�es.
c. Radiofrequency/ electromagne�c emission compliance report.
C. The City Manager is explicitly authorized at his/her discre�on to employ on behalf of the City an independent technical expert to review any technical materials submited including, but not limited to, those required under this Sec�on and in those cases where a technical demonstra�on of unavoidable need or unavailability of alterna�ves is required. The applicant shall pay all the costs of said review, including any administra�ve costs incurred by the City. Any proprietary informa�on disclosed to the City or the expert hired shall remain confiden�al and shall not be disclosed to any third party.
10.09.140 Life of permits.
A. All use permit approvals for antenna and personal wireless service facili�es shall be valid for an ini�al maximum period of five years. The permit approvals may be administra�vely extended for subsequent five-year terms by the City Manager upon verifica�on of con�nued compliance. Costs associated with the review process shall be borne by the antenna and personal wireless service facility owner/provider. Grounds for revoca�on of the condi�onal use permit shall be limited to a finding that: (1) the use involved is no longer allowed in the applicable zoning district; (2) the facility fails to comply with the relevant requirements of this Chapter as they exist at the �me of renewal and the permitee has failed to supply assurances acceptable to the City Manager that the facility will be brought into compliance within one hundred twenty (120) days; (3) the permitee has failed to comply with the condi�ons of approval imposed; (4) the facility has not been properly maintained; or (5) the facility has not been upgraded to minimize its impact, including community aesthe�cs, to the greatest extent permited by the technology that exists at the �me of renewal and is consistent with the provisions of universal service at affordable rates. The City Manager shall give no�ce to the permitee that the permit will be revoked, and shall revoke said permit within sixty (60) days of the no�ce, if one (1) or more of the above grounds for revoca�on is found to exist. The grounds for appeal of issuance of a renewal shall be limited to a showing that one (1) or more of the situa�ons listed above do, in fact, exist, or that the no�ce required under this Sec�on was not provided.
B. If a use permit or other en�tlement for use is not renewed, it shall automa�cally become null and void without no�ce or hearing, five (5) years a�er it is issued, or upon cessa�on of use for a con�nuous period of twelve (12) months, whichever comes first. All improvements installed, including their founda�ons down to three (3) feet below ground surface, shall be removed from the property and the site restored to its natural preconstruc�on state within ninety (90) days of non-renewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condi�on unless the property owner establishes to the sa�sfac�on of the City Manager that these sec�ons of road are necessary to serve some other allowed use of the property that is permited or is currently present or to provide access to adjoining parcels.
10.09.130 10.09.150 Discon�nuance of use/facility removal.
A. All equipment associated with an antenna or personal wireless service facility shall be removed within ninety (90) days of the discontinuation of use and of receipt of notice from the City Manager notifying the owner of such discontinuation of use. Any personal wireless service facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such personal wireless service facility shall remove
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ same within ninety (90) days of receipt of notice from the City Manager notifying the owner of such abandonment.
The site where a personal wireless service facility has been discontinued or abandoned shall be restored to its original preconstruction condition. If such personal wireless service facility is not removed within said ninety (90) days, the City Manager may remove such facility at the property owner's expense, and such expense may be placed as a lien on the property, if not paid. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
10.09.140 10.09.160 Loca�on.
A. All personal wireless service facilities shall be located so as to minimize their visibility and the number of distinct facilities present. No personal wireless service facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the City Manager or City Council, as appropriate, is submitted showing that this is the only technically feasible location for this facility.
10.09.150 10.09.170 No�ce requirements.
A. Public notices for antennas or personal wireless service facilities requiring conditional use permits shall be to all adjacent property owners within five hundred (500) feet when facilities exceed seventy (70) feet in height.
B. No�ce of Use Permit and Site Development Review approval of an antenna or personal wireless service facility shall be mailed to all adjacent property owners within three hundred (300) feet for facili�es up to a height of seventy (70) feet. The mailing of the no�ce shall start a ten (10) day calendar appeal period. 10.09.170 Waivers and Excep�ons 10.09.180 Excep�ons.
A. An applicant may request a waiver of a design or development standard if it may render a project technically infeasible or if compliance would result in inconsistency with state or federal law. Considera�on of the request shall follow the procedures as follows:
1. The Applicant shall bear the burden of a �mely request for a waiver and submi�ng clear evidence demonstra�ng the need for the waiver.
2. The review authority must grant the waiver if one or more of the following findings can be made:
a. Enforcement of the exis�ng development or performance standard is impossible due to technical infeasibility, which has been reasonably demonstrated to the decision maker by the applicant, typically by informa�on or explana�on provided by a licensed Engineer. b. Enforcement of the exis�ng development or performance standard would result in the effec�ve prohibi�on of wireless telecommunica�on services.
c. Enforcement of the exis�ng development or performance standard would unreasonably discriminate among providers of func�onally equivalent services. d. The reviewing authority in consulta�on with the city atorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regula�ons.
B. Other excep�ons. Excep�ons to the requirements specified in this Chapter may be granted through issuance of a Use Permit by the City Council. Such a permit may only be approved if the City Council finds, a�er receipt of
- Municipal Code
Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________ sufficient evidence, that failure to adhere to the standard under considera�on in the specific instance will not increase the visibility of the facility or decrease public safety.
1. Antenna facility setbacks may be reduced under any of the following circumstances:
a. The facility is proposed to be co-located onto an exis�ng legally established antenna facility; and
b. Overall, the reduced setback enables further mi�ga�on of adverse visual and other environmental impacts than would otherwise be possible.
10.09.190 Registra�on of personal wireless service carriers and providers.
A. Registration Required. All personal wireless service carriers and providers that offer or provide any personal wireless services for a fee directly to the public, either within the City of Monte Sereno or outside the corporate limits from personal wireless service facili�es within the City, shall register with the City pursuant to this Chapter on forms to be provided by the City Manager, which shall include the following:
1. The iden�ty and legal status of the registrant including any affiliates.
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registra�on statement.
3. A narra�ve and map descrip�on of registrant's exis�ng or proposed personal wireless service facili�es within the City of Monte Sereno.
4. A descrip�on of the personal wireless services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or ins�tu�ons within the City.
5. Informa�on sufficient to determine that the applicant has applied for and received any cer�ficate of authority required by the California Public U�lity Commission to provide personal wireless services or facili�es within the City.
6. Informa�on sufficient to determine that the applicant has applied for and received any construc�on permit, opera�ng license or other approvals required by the FCC to provide personal wireless services or facili�es within the City.
7. Such other informa�on as the City Manager may reasonably require.
B. Registration Fee. Each applica�on for registra�on as a personal wireless services carrier or provider shall be accomplished by a fee as set forth by Resolu�on of the City Council.
C. Purpose of Registration. The purpose of registra�on under this Sec�on is to:
1. Provide the City with accurate and current informa�on concerning the personal wireless service carriers and providers who offer or provide personal wireless services within the City, or that own or operate personal wireless service facili�es within the City;
2. Assist the City in enforcement of this Chapter;
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Title 10 - PLANNING AND ZONING
Chapter 10.09 PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA ____________________________________________________________________________
3. Assist the City in the collec�on and enforcement of any license fees or charges that may be due the City; and
4. Assist the City in monitoring compliance with local, state, and federal laws.
D. Amendment. Each registrant shall inform the City, within sixty (60) days of any change of the informa�on set forth in Sec�on 10.09.190.
10.09.200 Exis�ng antenna.
A. The provisions of this Chapter shall not apply to any antenna or antenna support structure in existence on or before the effec�ve date of this Chapter if the person owning or possessing the antenna shall file a Declara�on with the City of Monte Sereno on a form provided by the Zoning Administrator and sta�ng each of the following:
1. The name and address of owner of the property;
2. The name and address of owner of the antenna; and
3. The complete details of the antenna structure, including but not limited to its height and loca�on, and the placement of suppor�ng guy wires, if any.
B. No fee shall be required, charged or collected by the City of Monte Sereno for filing a Declara�on.
C. In the event that an antenna or an antenna support structure for which a Declara�on has been filed must be replaced or repaired, no permit will be needed if the replacement or repaired antenna support structure substan�ally conforms to the one replaced or repaired.
D. If the administra�ve staff cannot determine whether the replacement or repaired antenna or antenna support structure substan�ally conforms, that determina�on then shall be made by the City Council.
ORDINANCE NO. NS-###
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING CHAPTER 10.09 (PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA) WHEREAS, the City of Monte Sereno desires to amend its telecommunication requirements; and
WHEREAS, the adoption of this ordinance is not a “project” as defined by CEQA Guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review, and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required.
NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Chapter 10.09. Chapter 10.09 of the Monte Sereno Municipal Code is hereby amended in its entirety to read as follows:
“10.09.010 Purpose and intent.
A. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of antenna and personal wireless service facilities and related facilities. These standards cover the siting, designing and permitting of facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Monte Sereno as set forth within the goals, objectives and policies of the Monte Sereno General Plan; while at the same time not unduly restricting the development of needed personal wireless service facilities and amateur radio installations. The intent of this Chapter is also to provide a public forum to ensure a balance between public and private interests in establishing personal wireless service and related facilities. The goals of this ordinance are to:
1. Protect the visual character of the City from the potential adverse effects of personal wireless service facility development and antenna installation, consistent with provisions of State and federal regulations;
2. Encourage users of antenna and personal wireless service facilities to locate them, to the maximum extent possible, in areas where the adverse impacts on the community are minimal;
3. Configure personal wireless service facilities, which include equipment cabinets or shelter, in a way that minimizes the adverse visual impact of the facilities; and
4. Enhance the ability of the provider of personal wireless services to provide such services to the community quickly, effectively and efficiently.
5. Establish standards and procedures consistent with applicable State and federal regulatory requirements for the review and permitting of wireless telecommunication facilities.
10.09.020 Applicability.
A. This ordinance shall apply to all antenna and types of personal wireless service facilities, including new facilities and modification to existing facilities, within the City, consistent with the development standards and planning permit requirements established under this section.
B. Antenna and personal wireless service facilities that are constructed or installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.
10.09.030 Definitions.
A. As used in this ordinance, the following terms shall have the following meanings:
1. "Antenna" is any system of poles, panels, rods, dishes, discs or similar devices used for the transmission or reception of radio frequency signals, and consistent with the terms under Title 47 of the Code of Federal Regulations Section 1.6002. a. “Omni-directional antenna” transmits and/or receives radio frequency signals in a three hundred sixty (360) degree radial pattern.
b. “Directional antenna” (also known as “panel” antenna) transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty (360) degrees.
c. “Parabolic antenna” (also known as a satellite dish antenna) is a bowl shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
2. “Antenna Equipment” shall have the same meaning as the term under Title 47 of the Code of Federal Regulations Section 1.6002.
3. “Antenna Facility” is an antenna facility consisting of single or multiple posts or masts that are ground or building mounted, up to a height of seventeen (17) feet supporting one or more antennas, dishes, arrays, etc., excluding TV or radio antennas and ham radio antennas (antennas owned and operated by a federally-licensed amateur radio station operator), as consistent with the terms defined under Title 47 of the Code of Federal Regulations Section 1.6002.
4. “Base Station” is a structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower as consistent with the term defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(1).
5. "Co-Location", or “Collocation”, consistent with State and federal law, including Title 47 of the Code of Federal Regulations Section 1.6002, encompasses:
a. Mounting or installing an antenna facility on a pre-existing structure; and/or b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
c. The definition of “collocation” in § 1.6100(b)(2) is the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, as defined under Title 47 of the Code of Federal Regulations applies to the term as used in that section.
6. “Compliance Verification Statement” means a sworn statement entitled "Compliance Verification" signed by the Applicant or by the Applicant's authorized agent or representative, stating that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility. This requirement includes compliance with all conditions imposed in conjunction with such federal and state licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facilities, and engineering calculations demonstrating that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.
7. “Concealment elements” means elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base station.
8. “Defeat concealment” means a modification that causes a reasonable person to view the structure’s intended stealth design as no longer effective after the modification.
Conversely, a modification does not defeat concealment if stealth design features would continue to effectively make the structure not appear to be a wireless facility or as defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(7)(v).
9. "Equipment Shelter or Cabinet" means a cabinet or building used to house equipment used by personal wireless service providers to house equipment at a facility.
10. "Height" shall mean, when referring to antenna facilities, the distance measured from ground level to the highest point on the antenna facility even if said highest point is an antenna.
11. "Related equipment" means all equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors.
12. “Micro Wireless Facility” means a small personal wireless facility that is no larger than 24 inches long, 15 inches wide, 12 inches high, and which has an exterior antenna, if any, no longer than 11 inches.
13. “Operations and Maintenance Agreement”, or “Master License Agreement”, means an agreement establishing the terms of use and responsibilities between the Applicant and the City of Monte Sereno for projects involving existing or proposed facilities that are or will be owned or managed, in whole or in part, by the City of Monte Sereno. Such agreement may involve, but is not limited to, the initiation, use, operation, maintenance, fees, and basis for termination of the wireless facility.
14."Personal Wireless Service Facility" is an unstaffed facility, generally consisting of transmitters, antenna structures and other types of installations which receive and/or transmit radio frequency signals for the provision of personal wireless services, or commercial mobile services, including ancillary equipment cabinet or structure, and related equipment. Common examples of commercial mobile services are personal communications services (PCS), cellular radiotelephone service and paging. Residential home satellite services are not considered "personal wireless service."
15. “Small Wireless Facility” means facilities that meet each of the following conditions:
a. With regard to facilities: (a) are mounted on structures 50 feet or less in height including their antennas as defined in subsection (A) of this Section; or (b) are mounted on structures no more than 10 percent taller than other adjacent structures; or (c) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater; b. Each antenna involved in the deployment, with exception of the associated antenna equipment, is no more than three cubic feet in volume; c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; d. The facilities are not located on Tribal lands; and
e. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified under Title 47 Code of Federal Regulations Section 1.1307(b).
16. “Substantial Change” means a modification that changes the physical dimensions of an eligible support structure as defined in Title 47 of the United States Code Section
1.6100(b)(7).
17. “Tolling Period” shall mean the number of days from the day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information
that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until the date when the applicant submits all the documents and information identified by the siting authority to render the application complete or as defined under Title 47 of the Code of Federal Regulations Section
1.6003.
18. “Tolling Agreement” means a written agreement between the City and an applicant to establish an alternative timeframe for application review that varies from the standard tolling period.
19. “Tower” shall mean any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site or as otherwise defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(9).
20."Universal Service" is the public policy goal that Congress first mandated in the 1935 Communications Act to make telephone service widely available at affordable prices. As the FCC implements the Telecommunications Act of 1996, its definition will continue to evolve to include public access to the information superhighway from every school, hospital, government office, library, post office and households.
10.09.040 General requirements.
A. The following requirements shall apply to the development of new antennas, satellite dishes and personal wireless facilities, except as otherwise provided by this Chapter or by State and federal regulations:
1. Any applicable General Plan Goals, Objectives, Program and Policies, Specific Plan, Zoning District standards, Design Guidelines, and the permit requirements of any agencies that have jurisdiction over the project;
2. All the requirements established by the other chapters of the Monte Sereno Municipal Code that are not in conflict with the requirements contained in this Chapter;
3. All applicable Building Code requirements and engineering standards
4. Any applicable easements or similar restrictions on the subject property, including adopted Zoning District standards;
5. All antenna and personal wireless service facilities must not be located within any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace of said setback;
6. All antenna and personal wireless service facilities shall avoid any unreasonable interference with views from neighboring properties;
7. All setbacks shall be measured from base of the antenna or personal wireless facility closest to the applicable property line or structure;
8. Where feasible, personal wireless service facilities shall be encouraged to be located on City-owned property, or controlled property, or right-of way, or other public facilities, such as water tanks and other utility structures;
9. All antenna and personal wireless facilities must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate antenna and personal wireless service facilities. If such standards and regulations are changed, then the owners of the personal wireless service facilities governed by this ordinance shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless Service facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner's expense;
10. All personal wireless service facilities shall maintain in place a security program when determined necessary by and subject to the review and approval of the Police Chief that will prevent unauthorized access and vandalism;
11. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;
12. Sufficient anti-climbing measures shall be incorporated into all personal wireless service facilities, as needed, to reduce potential for trespass and injury;
13. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground, and regularly maintained;
14. All personal wireless service facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to the residents of nearby homes.
Back-up generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels;
15. Personal wireless service facilities shall not be located in front of main structures, and/or along major street frontages where they will be readily visible and unsightly; and
16. No portion of an antenna array shall extend beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact.
10.09.050 Zoning Clearance and Permits Required.
A. No party shall deploy antennas and personal wireless facilities within the City of Monte Sereno without first obtaining all required approvals and permits from the City, consistent with the requirements established under this Chapter and all applicable State and federal provisions.
1. Permit Required. All antennas and wireless facilities are required to obtain zoning clearance and Planning permits established under this Chapter, unless otherwise required by State and federal regulations or exempt below. a. Project shall obtain any additional permits from the City of Monte Sereno as required to implement the proposed work (e.g., building permits, encroachment permits, etc.).
b. Application review shall be conducted consistent with State and federal regulations.
2. Exemptions. The following uses listed are deemed to be permitted uses and shall not require planning permits unless the applicant seeks a modification of the basic development standards, design criteria and conditional use permit criteria set forth in the applicable Zoning District where the structure is placed and unless located on an historic site. The following permitted uses shall comply with the general requirements of the Section 10.09.040 and building permit requirements as applicable. a. Antennas that are totally concealed.
b. One TV or radio antenna not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel.
c. One satellite dish antenna not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel.
d. One ham radio antenna not exceeding thirty-five (35) feet per residential parcel.
3. Personal Wireless Facilities
a. New personal wireless facilities require a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations. b. Personal wireless service facilities located on sites with historical significance as recognized by the City shall require Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.
c. New personal wireless service facilities placed on utility poles, public right-ofway light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number require the issuance of an encroachment permit under the Monte Sereno Municipal Code. d. Any multifamily residential building 40 feet or greater in height that would have new antenna facilities located on the building requires a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.
4. Small Cell Wireless
a. New small cell wireless facility deployment involving installation of small cell wireless antennas and equipment on a new or existing structure requires City Planner administrative review and approval.
b. Installation on a City-owned utility pole or facility also requires an operation and maintenance agreement/master license agreement with the City of Monte Sereno, approved by the City Manager.
c. Application review shall be conducted consistent with State and federal requirements, including tolling periods.
5. Modification of Previous Approved Facility
a. With the exception of projects that meet the eligibility and criteria under Section 6409(a), the following types of projects require City Planner administrative review and approval:
i. Replacement of pre-existing personal wireless service facilities, installed under a prior approval under this Chapter, which is being proposed for replacement by equipment of identical or smaller size, at the discretion of the City Manager.
ii. Personal wireless service facilities placed on utility poles, public right-ofway light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number.
b. Replacement or modifications eligible for streamlined review under 6409(a) i. Eligible projects under Section 6409(a) of the Middle Class Tax Relief Act of 2012 (Section 6409(a)) require ministerial plan check review through the building permit application review process. Projects include requests to collocate, replace or remove transmission equipment at an existing tower or base station submitted pursuant to section 6409(a).
6. TV or Radio Antenna
a. One antenna if not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel is exempt from a Planning permit.
b. One antenna if exceeding twenty-five (25) feet, but less than fifty (50) feet for residential tenant use only requires City Planner administrative review and approval.
c. Any other TV or Radio Antennas require a Conditional Use Permit.
7. Satellite Dish Antenna
a. One satellite dish antenna if not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel is exempt from a Planning permit. b. One satellite dish antenna if greater than four (4) feet in diameter, but less than eight (8) feet in diameter for residential tenant use only requires City Planner administrative review and approval.
c. Two to three satellite dish antenna if four (4) feet or less in diameter for residential tenant use only requires City Planner administrative review and approval.
d. Any other satellite dish antennas require a Conditional Use Permit.
8. Ham Radio Antenna
a. One ham radio antenna if not exceeding thirty-five (35) feet per residential parcel is exempt from a Planning permit.
b. One ham radio antenna if exceeding thirty-five (35) feet, but less than seventy (70) feet requires a City Planner administrative review and approval. c. One ham radio antenna if exceeding seventy (70) feet requires a Conditional Use Permit.
d. More than one ham radio antenna if exceeding thirty-five (35) feet but less than seventy (70) feet requires a Conditional Use Permit.
10.09.060 Basic development standards for satellite dish antennas greater than one meter (3.28 Feet).
A. Ground or platform mounted satellite dish antennas in any residential zoning district shall be screened from public view from streets and adjacent properties by at least a six (6) foot high solid wall or fence, or by plants or trees of equal minimum height.
B. Ground or platform mounted satellite dish antennas in any residential zoning district that are higher than six (6) feet shall be located one foot back from the setback line for each foot of height above six (6) feet.
10.09.070 General design review criteria.
A. Personal wireless service facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures.
B. Attached antenna facilities (antenna facility affixed to an existing structure that is not considered a component of the attached antenna facility) should be painted and/or textured to match the existing support structure.
C. Personal wireless service support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the greatest extent possible.
D. Personal wireless service support facilities shall be no taller than one story fifteen (15) feet in height and shall be treated to look like a building or facility typically found in the area.
E. Personal wireless service support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.
F. All buildings, poles, towers, antenna supports, antennas, and other components of each personal wireless service facility site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the determination of the City Planner or Site and Architectural Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.
G. The City shall have the authority to require special design of the personal wireless service facilities where findings of particular Sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).
H. Poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Site and Architectural Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
I. Building-mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.
J. Antennas that are attached to roofs shall maintain a 1:1 ratio for equipment setback (example: ten (10) feet high antenna requires ten (10) feet setback from facade) unless an alternative placement would reduce visual impact and placing roof mounted antennas in direct line with significant view corridors shall be avoided.
K. Ground mounted antenna facilities shall not exceed seventeen feet to the top of the antennas.
10.09.080 Conditional use permit criteria for all personal wireless service facilities.
A. All personal wireless service facilities shall be substantially screened from the view of surrounding properties so as not to create substantial visual or noise impacts.
1. Factors Considered in Granting a Conditional Use Permits. The following factors shall be considered when determining whether to issue a conditional use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this ordinance are better served thereby.
a. Nature of uses on adjacent and nearby properties;
b. Surrounding topography;
c. Surrounding tree coverage and foliage; and
d. Proposed ingress and egress.
2. Availability of Suitable Existing Personal Wireless Service Facilities. No new personal wireless service facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing antenna facility can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna facility can accommodate the applicant's proposed antenna may consist of any of the following:
a. No existing antenna facilities located within the geographic area required to meet the applicant's engineering requirements.
b. Existing antenna facilities are not of sufficient height to meet applicant's engineering requirements.
c. Existing antenna facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing antenna facilities or the antenna on the existing facilities would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna facility or to adapt an existing facility for sharing are unreasonable. Costs exceeding new facility development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
3. Security Fencing. Personal wireless service facilities that support one or more antennas shall be enclosed with security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that the City Council may waive such requirements, as it deems appropriate.
4. Landscaping. The following requirements shall govern the landscaping surrounding personal wireless service facilities that support one or more antennas for which a conditional use permit is required; provided, however, that the City Council may waive such requirements if the goals of this ordinance would be better served thereby. a. In locations where the visual impact of the personal wireless service facility would be minimal, the landscaping requirement may be reduced or waived altogether.
b. Personal wireless service facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the personal wireless service facility compound from adjacent residential property.
c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
10.09.100 Small Cell Wireless Facility Requirements
A. State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of city permit and require removal of the small cell facility at the service provider's expense.
B. Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of city permit and required removal of the small cell facility at the owner's expense.
C. Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards.
D. Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this Chapter.
1. Except as provided in subsection D2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.
2. Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable permit. Contact information listed on the sign shall be kept current and promptly be provided to the City.
3. Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of City notice.
4. Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with applicable requirements in the Monte Sereno Noise Ordinance. a. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays. b. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in the Noise Ordinance.
5. Each facility shall install the following security measures:
a. An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.
b. Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards and nuisance regulations, and must not interfere with city emergency services or transmission.
6. Each facility shall be relocated at applicant's sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.
7. The applicant shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:
a. curb, gutter, sidewalk, storm drains, and pavements; and b. landscaping; and
c. structures, buildings, light poles and fixtures.
E. Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:
1. All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing City projects or facilities.
2. All existing City-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent City structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.
a. Applicants requesting to install a small cell wireless facility on City-owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such City standards. b. If the City-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the City's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant's installations. Upon installation, the new pole shall become the property of the City.
F. Applicants intending to use City-owned facilities shall be required to enter into an operations and maintenance agreement/ master license agreement with the City for the facility.
G. Design Standards.
1. General Standards. Small cell wireless facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the city. Small cell wireless facilities shall utilize the smallest footprint possible and shall be designed to minimize the overall height, mass, and size. Improvements that will be primarily viewed
against soils, trees, vegetation, or grasslands shall be painted colors matching these landscapes while elements that are not against these elements and rise above the horizon shall be painted to match the predominant color of the utility pole to which it is attached or a blue gray that matches the typical sky color at that location to the satisfaction of the City Planner.
2. Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser-preferred installation locations may be approved by demonstrating infeasibility to the satisfaction of the City Planner and City Engineer, or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be painted to match the color of the structure where the equipment is attached, painted to match the environment in the immediate surroundings, covered by screening elements, or located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabilities Act.
3. Pole Designs. All small cell wireless facility pole installations designed to be integrated with new light poles shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.
4. Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.
5. Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including but not limited to color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.
6. Security Fencing. Security fencing is permitted along the perimeter of a wireless facility, except for any barbed wire, razor wire or any other fencing that would be inherently dangerous, and where such fencing would not obstruct an accessible path of travel, would not conflict with other applicable standards and regulations, and would not create conditions resulting in hazard to public health and safety.
7. Volume. Except as otherwise defined by federal regulations, each individual antenna for a small cell wireless facility may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (ii)
seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.
10.09.110 Modification of Existing Wireless Facilities Design Requirements.
A. Modification of a previously approved facility, except for projects eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.
1. Modifications shall adhere to the conditions of approval and minimize visual impact as much as possible. Modifications shall incorporate applicable general design review criteria and conditional use permit criteria under this Chapter to the extent feasible.
B. Modifications eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.
1. 6409(a) criteria. A project resulting in a substantial physical change is not eligible for use of Section 6409(a), consistent with provisions under federal regulations. A substantial change includes the following, or as established in federal regulations:
a. Height
i. For towers other than towers in the public rights-of-way, the project increases the height of the tower by: i) more than 10%; OR ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
ii. For other eligible support structures, the project increases the height of the structure by: i) more than 10% or ii) more than 10 feet, whichever is greater.
b. Width
i. For towers other than towers in the public rights-of-way, the project involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower: i) more than 20 feet; or ii) more than the width of the tower structure at the level of the appurtenance, whichever is greater;
ii. For other eligible support structures, the project involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet;
c. Equipment Cabinets
i. For any eligible support structure, the project involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, ii. For towers in the public rights-of-way and base stations, the project involves installation of any new equipment cabinets on the ground if there
are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
d. Excavation/Deployment Beyond Site:
i. The project entails “any excavation or deployment outside the current site” where site means:
A. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and,
B. For other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
e. Concealment Elements, modification is a substantial change if it would “defeat the concealment elements of” the wireless tower or base station. f. Other Conditions on the Wireless Tower or Base Station. A modification is also a substantial change if it does not comply with conditions—other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements—associated with the siting approval of the construction or modification of the eligible support structure or base station equipment.
10.09.120 Minimum application requirements.
A. The following are the minimum criteria applicable to all antenna and personal wireless service facilities, except permitted facilities as defined in Section 10.09.050. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions of approval may also be necessary. The City Manager may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning permit approval.
B. The City Manager shall establish and maintain a list of information that must accompany every application for the installation of an antenna and personal wireless service facility. Said information shall include, but not be limited to, the following:
1. Personal Wireless Facilities:
a. Definition of the service area needed for coverage or capacity and service area maps and information showing that the proposed facility would provide the needed coverage or capacity.
b. Alternative site analysis and map showing all alternate sites from which the needed coverage could also be provided, indicating the zoning for all such sites.
The analysis shall address the potential for co-location at an existing or new site. c. Visual impact analysis; photo simulations/montages and/or visual impact demonstrations including mock-ups.
d. Noise impact analysis.
e. Plans and drawings for the proposed facility.
f. Master plan for all related facilities currently in the City and planned in the future, including information about the location, height and design of each facility within the city limits of Monte Sereno and within one-quarter (1/4) mile therefrom.
The City may share such information with other applicants applying for administrative approvals and/or use permits under this ordinance or other providers/carriers seeking to locate antennas within the jurisdiction of the City, provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. g. Facility design alternatives to the proposal.
h. Deposits for peer review.
i. CEQA compliance documentation.
j. Radiofrequency/ electromagnetic emission compliance report. k. Compliance verification statement.
l. Description of any concealment elements, or stealth or camouflaging methods.
2. Small Cell Wireless:
Applicants submitting applications for more than two locations will be required to batch their applications.
a. Plans and drawings for each proposed facility.
b. Listing of all small cell facilities included in the batch of applications. c. Map identifying the location of all wireless facilities within 500 feet of the proposed sites.
d. For projects involving existing or proposed City facilities: operations and maintenance agreement/master license agreement, in a form approved by the City Attorney
e. For projects involving utility poles and facilities not owned by the City:
authorization letter from the applicable owners/joint power authorities. f. Visual impact analysis: photo simulations/montages and/or other visual impact aids
g. Radiofrequency/ electromagnetic emission compliance report. h. Compliance verification statement.
3.Antennas (TV, Satellite, Ham Radio)
a. Plans and drawing for the proposed facility.
b. Visual impact analysis: photo simulations/montages and/or other visual impact aids.
4. Replacement and Modification of Facilities
a. Plans and drawings for each proposed facility.
b. Projects using Section 6409(a) shall identify how the project meets the criteria for Section 6409(a) eligible facilities.
c. Radiofrequency/ electromagnetic emission compliance report.
C. The City Manager is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical
demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.
10.09.130 Discontinuance of use/facility removal.
A. All equipment associated with an antenna or personal wireless service facility shall be removed within ninety (90) days of the discontinuation of use and of receipt of notice from the City Manager notifying the owner of such discontinuation of use. Any personal wireless service facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such personal wireless service facility shall remove same within ninety (90) days of receipt of notice from the City Manager notifying the owner of such abandonment. The site where a personal wireless service facility has been discontinued or abandoned shall be restored to its original preconstruction condition. If such personal wireless service facility is not removed within said ninety (90) days, the City Manager may remove such facility at the property owner's expense, and such expense may be placed as a lien on the property, if not paid. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
10.09.140 Location.
A. All personal wireless service facilities shall be located so as to minimize their visibility and the number of distinct facilities present. No personal wireless service facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the City Manager or City Council, as appropriate, is submitted showing that this is the only technically feasible location for this facility.
10.09.150 Notice requirements.
A. Public notices for antennas or personal wireless service facilities requiring conditional use permits shall be to all adjacent property owners within five hundred (500) feet when facilities exceed seventy (70) feet in height.
10.09.170 Waivers and Exceptions.
A. An applicant may request a waiver of a design or development standard if it may render a project technically infeasible or if compliance would result in inconsistency with state or federal law. Consideration of the request shall follow the procedures as follows:
1. The Applicant shall bear the burden of a timely request for a waiver and submitting clear evidence demonstrating the need for the waiver.
2. The review authority must grant the waiver if one or more of the following findings can be made:
a. Enforcement of the existing development or performance standard is impossible due to technical infeasibility, which has been reasonably
demonstrated to the decision maker by the applicant, typically by information or explanation provided by a licensed Engineer.
b. Enforcement of the existing development or performance standard would result in the effective prohibition of wireless telecommunication services. c. Enforcement of the existing development or performance standard would unreasonably discriminate among providers of functionally equivalent services. d. The reviewing authority in consultation with the city attorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regulations.
B. Other exceptions. to the requirements specified in this Chapter may be granted through issuance of a Use Permit by the City Council. Such a permit may only be approved if the City Council finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.
1. Antenna facility setbacks may be reduced under any of the following circumstances:
a. The facility is proposed to be co-located onto an existing legally established antenna facility; and
b. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.” SECTION 2. Environmental Review.
The adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
SECTION 3. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 4. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 5. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
This Ordinance was introduced at the meeting of the City Council on the 15th day of April 2025, and was adopted at a regular meeting of the City Council on the 6th day of May 2025, by the following vote:
AYES:
NOES:
ABSENT:
Burton Craig, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Kirsten Powell, City Attorney
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Adopt a Proclamation Declaring Support for Efforts to Provide Childcare Recommendation(s):
Staff recommends that the City Council adopt a proclamation declaring support for efforts to provide childcare.
Background Information:
Build the Future Santa Clara County is a movement to build a brighter future for all Santa Clara County residents by advocating for affordable, quality child care for all. Partners and supporters include Santa Clara County Board Member Susan Ellenberg, Working Partnerships USA, First 5 Santa Clara County, Catholic Charities of Santa Clara County, a majority of cities in Santa Clara County, and other community-based organizations and business. Supporters encouraged the City of Monte Sereno to join this diverse coalition by adopting a resolution declaring support for advocacy, funding, and policies that furthers the goal of providing childcare for all.
The Council considered this item at the April 1, 2025 meeting and directed staff to make revisions to the document and present it to Council for consideration. Based on the changes made to the document, staff believes a proclamation is a better tool for expressing the City’s opinion as proclamations are generally broad statements expressing local government support for a particular issue. Attached is the revised proclamation.
Analysis:
On behalf of the Mayor, this proclamation supporting the Build the Future Santa Clara County child care initiative is presented for adoption.
Staff therefore recommends adopting the attached proclamation supporting efforts to advocate for comprehensive and collaborative solutions to address the County’s childcare needs.
California Environmental Quality Act:
Adopting a resolution supporting this policy matter is not a “project” under the California Environmental Quality Act (“CEQA”) in that it is a governmental organizational or
administrative activity that will not result in direct or indirect changes in the environment (CEQA Guidelines section 15378(b)(5)).
Fiscal Impact:
There is no direct fiscal impact related to the adoption of this proclamation.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. Draft Proclamation Support Efforts to Provide Child Care
City of Monte Sereno
Proclamation
Declaring Support of Efforts to Provide Greater Opportunity for Residential Childcare Centers
WHEREAS, the Council for a Strong America issued a report in early 20231 which details that there is a shortage of infant-toddler childcare in the United States, and WHEREAS, according to the Silicon Valley Index2, the average annual cost of childcare in Silicon Valley in 2024 was $31,224 for infant care and $28,248 for preschool-age care; and
WHEREAS, the two most significant monthly expenses faced by working families are housing and childcare; and
WHEREAS, the lack of an affordable childcare option may lead to underemployment, greater housing instability, less consumer spending, depressed business productivity and the near impossibility of seeking, securing and maintaining employment; and
WHEREAS, access to childcare provides important infrastructure for working parents, allows families to remain in a geographic area, creates a stronger economy, improves business productivity and consumer spending, decreases poverty, leads to safer communities, and provides additional revenue for cities; and WHEREAS, cities have an interest in building strong local economies, supporting and benefiting from local businesses, attracting and retaining families and employers; and
WHEREAS broadly accessible, high-quality childcare can help improve common economic and societal challenges that families may experience; and 1 Council for a Strong America. $122 Billion: The Growing, Annual Cost of the Infant-Toddler Childcare Crisis. Council for a Strong America, 2023.
https://strongnation.s3.amazonaws.com/documents/1598/05d917e2-9618-4648-a0ee1b35d17e2a4d.pdf?1674854626&inline;%20filename=%22$122%20Billion:%20The%20Growing,%20Ann ual%20Cost%20of%20the%20Infant-Toddler%20Child%20Care%20Crisis.pdf%22 2 Joint Venture Silicon Valley. Silicon Valley Indicators. https://siliconvalleyindicators.org/data/society/early-education-care/childcare-costs/cost-of-childcare/
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO THAT:
• The City of Monte Sereno supports efforts to promote residential childcare for children and families in the County of Santa Clara; and • The City of Monte Sereno supports efforts to identify, advocate for, and implement comprehensive and collaborative solutions to improve childcare; and • The City of Monte Sereno will support policies and practices that will facilitate expedited zoning, permitting and licensing processes for residential childcare facilities; and
• The City of Monte Sereno will empower appropriate departments to promote the importance of residential childcare and provide support for providers who desire to operate within this city.
REGULARLY ADOPTED AND PASSED this 15th day of April 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Burton Craig, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Authorize the City of Monte Sereno to join with other public agencies as a Shareholder of the California Asset Management Trust, a joint powers authority (JPA), specifically as an Investor in the JPA.
Recommendation(s):
Adopt a resolution authorizing the City of Monte Sereno to join with other public agencies as a Shareholder of the California Asset Management Trust, a joint powers authority (JPA), specifically as an Investor in the JPA.
Background Information:
As of the last audited financial statements (June 30, 2023), the City had approximately $6.5 million in cash and investments. The City manages its cash through two mechanisms. The first is a non-interest-bearing checking/savings account utilized to manage day-to-day operating needs. The second mechanism is a series of treasury bills invested through a brokerage account with Wells Fargo for funds that are not needed for short-term liquidity. The City currently has approximately $4.8 million invested in treasury bills through Wells Fargo, with the most recent investment being $408,000 reinvested from a treasury bill that matured on March 20, 2025. This most recently purchased treasury bill is earning 3.79% and matures in January 2026. Overall, the portfolio has treasury bills that mature monthly through January 2026.
Wells Fargo recently informed the City that it would discontinue investing on the City’s behalf starting April 1, 2025. As the City has evaluated its options for its investment options beyond April 1st, it has determined that replicating the current model of purchasing and holding securities through one bank will not be possible. Thus, should the City be interested in continuing to invest directly in treasury bills, it will need to engage the services of a brokerdealer to purchase the securities and a custodial bank to hold the funds. Given the size of the City’s portfolio, it is uncertain that the City would be able to efficiently and cost effectively continue to purchase treasury bills on its own.
Analysis:
Allowable investments for the City are established by California Government Code Section 53601, and the City’s investment policy statement allows for investment in any vehicle permitted under this code section. Investments are made under the “Prudent Investor Rule”
and prioritize, in order, safety of principal, liquidity, and yield. As such, many investment instruments available to private investors, including the investment in equities, are prohibited.
City staff evaluated several options for transitioning its investments away from Wells Fargo including attempting to replicate the current model of purchasing treasuries on our own, investing funds in the California Local Agency Investment Fund (LAIF), and investing in the California Asset Management Program (CAMP). Staff recommends transitioning our investments to the CAMP as existing treasuries mature and are not eligible for reinvestment with Wells Fargo. Transitioning City investments to CAMP will enable more effective management of operating funds by having them in an interest-bearing account while keeping them liquid, while also allowing for longer-term investments, up to one year, in a variety of diverse pooled investments in compliance with California Government Code. Initially, funds will be invested in the pool as treasury bills mature, with funds being moved into the longerterm program as funds are available and liquidity needs are met.
For comparison purposes, the CAMP pool fund, as of the drafting of this report, was earning
4.46%, net of fees. LAIF is currently earning 4.32%. For the term investments, the most recent treasury bill purchased by the City is earning 3.79% for a 10-month duration. An investment for a 10-month duration in CAMP is currently earning 4.09%.
Shareholders may choose to join as an Investor or a Participant in CAMP. Both receive the same investment results, but only Participants are members of the JPA. Staff recommends joining the JPA as an Investor initially and considering membership at a later date. The investment-related benefits are the same between an Investor and a Participant, with Participants having the additional benefit of being voting members of the JPA and being eligible for the Board.
California Environmental Quality Act:
This is not a “project” under the California Environmental Quality Act (“CEQA”) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment (CEQA Guidelines section 15378(b)(5)).
Fiscal Impact:
As with all money market funds, other local government investment pools (LGIPs), and LAIF, all expenses of the Trust are deducted from the pool’s yield. There are no out-of-pocket expenses for money invested in the Trust. With a transition to the CAMP pool and term funds, the City expects to continue to earn competitive yields on funds that it is able to invest over a longer term while also earning on day-to-day operating funds that are currently in non-interestbearing accounts.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. Draft Resolution CAMP Shareholder
RESOLUTION NO. 25-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING THE CITY TO BECOME A SHAREHOLDER OF THE CALIFORNIA
ASSET MANAGEMENT TRUST
WHEREAS, the City invests available funds in accordance with California Government Code and its Investment Policy; and
WHEREAS, the City seeks to enhance its investment options while ensuring the safety of principal and maintaining liquidity to meet operating needs; and WHEREAS, the California Asset Management Trust was established pursuant to and in accordance with the Joint Exercise of Powers Act on December 15, 1989, as a vehicle for public entities to jointly exercise their common power to invest the proceeds of surplus funds; and
WHEREAS, the City of Monte Sereno desires to join the other public agencies that are Investors or Participants in the California Asset Management Trust; and WHEREAS, the City of Monte Sereno desires to join the California Asset Management Trust as an Investor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that the City will join the California Asset Management Trust as an Investor.
REGULARLY ADOPTED AND PASSED this 15th day of April 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Burton Craig, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk
13 Ending Balance of SVCE Accounts: Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 33,363,756 $ 28,561,690 $ 48,885,983 $ 23,794,276 $ 27,049,188 California Asset Management Program (CAMP) $ 206,767,899 $ 229,607,825 $ 216,507,939 $ 249,409,396 $ 240,227,528 PFM Asset Management Investment Portfolio $ 281,807,003 $ 270,469,593 $ 271,357,416 $ 273,147,693 $ 276,597,488 Total Ending Balance $ 521,938,658 $ 528,639,108 $ 536,751,338 $ 546,351,364 $ 543,874,204 Return On Investments:
Annual % Yield Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts 4.58% 4.58% 4.55% 4.53% 4.42%
California Asset Management Program (CAMP) 5.03% 4.87% 4.73% 4.55% 4.51% PFM Asset Management Investment Portfolio * 4.45% 4.45% 4.45% 4.40% 4.33% Average Return On Investments: 4.69% 4.64% 4.57% 4.47% 4.41% * Yield to Maturity at Market.
Accounting Returns Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 14,385 $ 26,036 $ 36,682 $ 38,759 $ 20,782 California Asset Management Program (CAMP) $ 908,552 $ 839,926 $ 900,114 $ 901,457 $ 818,132 Other Interest Income $ 4,447 $ 2,470 $ 2,313 $ 2,322 $ 2,242 PFM Asset Management Investment Portfolio * $ (498,690) $ 844,234 $ 803,202 $ 1,159,987 $ 1,715,130 Total Interest and Investment Gains $ 428,694 $ 1,712,666 $ 1,742,311 $ 2,102,525 $ 2,556,286 * Includes change in current market value (month over month), accrued interest and money market dividends (as per US GAAP).
Actual and Accrued Cash Basis Returns Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 14,385 $ 26,036 $ 36,682 $ 38,759 $ 20,782 Camp Pool Composition (based on market value): $ 908,552 $ 839,926 $ 900,114 $ 901,457 $ 818,132 Other Interest Income $ 4,447 $ 2,470 $ 2,313 $ 2,322 $ 2,242 PFM Asset Management Investment Portfolio * $ 945,927 $ 954,874 $ 1,046,439 $ 1,048,124 $ 1,144,192 Total Interest and Investment Gains $ 1,873,311 $ 1,823,305 $ 1,985,548 $ 1,990,662 $ 1,985,349 * Includes interest/dividends/coupons received, net realized gains/losses and monthly change in accrued interest.
CAMP Portfolio Statistics
As of February 28, 2025
Beginning of the Month Market Value $ 249,409,396
Ending of The Month Market Value $ 240,227,528
Monthly Distribution Yield 4.51% Weighted Average Maturity (days) 40 PFM Portfolio Statistics
As of February 28, 2025
Portfolio Par Value $ 275,144,165
Portfolio Market Value (icl. Accrued Interest) $ 276,597,488 Yield to Maturity at Cost 4.58%
Yield to Maturity at Market 4.33%
Benchmark Yield* 4.02%
Portfolio Effective Duration (years) 1.35 Weighted Average Maturity (days) 658 *ICE BofA 0-3 Year U.S. Treasury Index
SVCE Investment Policy:
https://svcleanenergy.org/wp-content/uploads/2018/10/FP-08_Investments-Policy-F.pdf
SILICON VALLEY CLEAN ENERGY AUTHORITY
INVESTMENTS SUMMARY
October 1, 2024 through February 28, 2025
13.06% 12.98%
31.63%
34.81%
5.28%
2.24%
0.00%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years Maturity Distribution
U.S. Treasury
Bond / Note
38%
Commercial
Paper
10%
CAMP Pool
2%
Federal Agency
Commercial
6%
Supra-National Agency
0%
Corp. & Bank Notes
21% Certificate of Deposit
5%
Asset-Backed
Security
18%
SVCE PFM Portfolio Investments
Repurchase
Agreements,
39.2%
Certificates of
Deposit, 26.6%
Commercial
Paper, 32.4% US Treasuries,
0.0%
Money Market
Funds, 1.1%
SupraNational
Debt, 0.0%
Corporate
Notes, 0.7%
Camp Pool Composition (based on market value)
Item 1b February Treasurer Report Page 106 of 125
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Discuss the Council Adopted Goal to Improve Wildfire Prevention and Preparedness and Provide Direction to Staff
Recommendation(s):
Staff recommends that the City Council discuss the Council adopted goal to Improve Wildfire Prevention and Preparedness and provide direction to staff Background Information:
The Monte Sereno City Council conducted the annual Goal Setting Session on March 18, 2025 and provided direction of the goals to be adopted for the Fiscal Year 2025-2026. The adopted goals include a program to Improve Wildfire Prevention and Preparedness including the following:
A. Establish evacuation routes, inform the community of these locations, and plan for their maintenance.
B. Increase awareness of fire danger due to poorly maintained vegetation and promote the importance of defensible space around structures.
C. Work with Saratoga, Los Gatos, and elected officials to coordinate efforts to reduce fire hazard risks on Highway 9.
D. Consider requiring any eucalyptus trees on a property to be removed when an application for a new house is received.
E. Consider expanding the exterior home hardening requirements of the California Residential Code to apply to all properties in the City and not just those within the High or Very High Fire Hazard Severity Area.
F. Adopt an updated Annex to the Santa Clara Wildfire Protection Plan to plan for programs in Monte Sereno.
G. Recruit 10 additional CERT members, with a focus on residents that live near City Hall.
H. Consider outfitting the shed at City Hall to serve as an NICP.
I. Consider establishing a commission or committee to work on wildfire prevention and preparedness issues.
Analysis:
The items in the Improve Wildfire Prevention and Preparedness goal may be addressed in several ways including the following options:
Staff and can lead the research/effort for each item and present to Council for consideration
City Council Ad Hoc Committee
The Mayor can create a advisory committee
City Manager can create an advisory committee
Council can establish a Commission for Wildfire Safety The first option above would be for staff to conduct the research for the items in this goal and present them to Council for discussion and decisions. This is typical process for most the Council’s Goals, policies, and programs.
A City Council Ad Hoc Committee or an advisory committee established by the Mayor or the City Manager would not be subject to the Brown Act. A Commission for wildfire safety would be subject to the Brown Act which would require a staff liaison, open and noticed meetings, meetings would require a quorum of commissioners be present, and that a majority of commissioners could not discuss an item outside of the public meeting.
If the City Council would like to create an Ad Hoc Committee or a Commission, staff would need direction on the scope, purpose, and membership.
The Mayor or the City Manager can establish an advisory committee at anytime without direction from the City Council. Members of such an advisory committee could assist staff in researching the items and developing recommendations to address these issues and conduct outreach to the community.
California Environmental Quality Act:
This is not a “project” under the California Environmental Quality Act (“CEQA”) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment (CEQA Guidelines section 15378(b)(5)).
Fiscal Impact:
Depending on the scope of the work to address this goal, additional consulting services may be needed to support this program, particularly if a new commission subject to the Brown Act is formed.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's 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. Council Adopted Goals for Fiscal Year 2025-2026
Council Adopted Goals for Fiscal Year 2025-2026
Goals
I. Provide Quality Public Service
1. Plan the Green Stormwater Infrastructure project required by State law.
2. Review and amend City of Monte Sereno Financial Policies:
a. Review and amend, if required, the City of Monte Sereno’s investment policy. b. Develop and implement timely updates to the financial transparency system for residents.
3. Implement a cloud-based, fully integrated financial reporting and human resource information system for government entities to:
a. Improve financial reporting and human resources management at the City of Monte Sereno. b. Utilize time reporting functionality for all personnel and support human resources requirements. c. Address and resolve internal control weaknesses.
d. Develop, document, and implement financial accounting policies and procedures with the new financial reporting system. e. Convert and migrate minimal, yet sufficient, data to the new financial reporting system and human resources information system.
4. Increase civic engagement and resident involvement in the community, including possible partnership with leadership Los Gatos.
5. Review and improve the City of Monte Sereno website with easier access to historical minutes and recordings.
II. Maintain Community Character
1. Update the General Plan.
2. Continue to implement programs in the adopted Housing Element.
III. Enhance Mobility for Residents
1. Improve walkability throughout the City.
Council Adopted Goals for Fiscal Year 2025-2026
Goals
IV. Maintain Community Safety
1. Improve wildfire prevention and preparedness:
A. Establish evacuation routes, inform the community of these locations, and plan for their maintenance.
B. Increase awareness of fire danger due to poorly maintained vegetation and promote the importance of defensible space around structures.
C. Work with Saratoga, Los Gatos, and elected officials to coordinate efforts to reduce fire hazard risks on Highway 9.
D. Consider requiring any eucalyptus trees on a property to be removed when an application for a new house is received.
E. Consider expanding the exterior home hardening requirements of the California Residential Code to apply to all properties in the City and not just those within the High or Very High Fire Hazard Severity Area.
F. Adopt an updated Annex to the Santa Clara Wildfire Protection Plan to plan for programs in Monte Sereno.
G. Recruit 10 additional CERT members, with a focus on residents that live near City Hall.
H. Consider outfitting the shed at City Hall to serve as an NICP.
I. Consider establishing a commission or committee to work on wildfire prevention and preparedness issues.
2. Install of Flock cameras citywide.
3. Finalize the agreement with Los Gatos for law enforcement services.
V. Enhance Environmental Sustainability
A. Promote low-water and low-fire landscaping alternatives for residents.
B. Encourage water conservation and support the move to lower carbon emissions in Monte Sereno.
Wildfire Advisory Group
2025
1. Advisory Group Role: the Wildfire Advisory Group provides advice to the Mayor on critical wildfire initiatives, their priority and cost estimates for development and implementation. The plan is to develop “one-page” initiative documents for each of the five areas (see item 3).
2. Members
Matthew Hudes: LG Mayor Rhonda Raider: Firewise
Mary Badame: LG Council Member Peter Hertan: Firewise, CERT Jason Krings: Firewise Rob Stump: Firewise
Dennis Lollie: SCCFD Chuck Page: Saratoga Vice Mayor
Joe Pirzynski: Former Los Gatos
Council Member
Evert Wolsheimer: Monte Sereno
Council Member
Brad Gordon: Red Cross
3. Wildfire Initiatives
a. Evacuation Planning – Rob
b. Vegetation Management – Brad
c. Residential Defensible Space & Home Hardening – Jason d. Communication – Peter
e. Education & Insurance – Rhonda, Mary
4. Meeting dates and locations for the April, May and June. Meetings are 10:00-11:30 AM.
Date Location
April 3, 2025 Los Gatos Library Conference Room
April 10, 2025 Zoom
April 17, 2025 Los Gatos Library Conference Room
April 24, 2025 Los Gatos Library Conference Room
May 1, 2025 Los Gatos Library Conference Room
May 8, 2025 Zoom
May 15, 2025 Zoom
May 22, 2025 Los Gatos Library Conference Room
May 29, 2025 Los Gatos Library Conference Room
June 12, 2025 Zoom
June 26, 2025 Los Gatos Library Conference Room
Wildfire Advisory Group Agenda
March 27, 2025
1. Quick Review of March 20 Meeting Notes: made some additions to the 5 focus areas specifically Evacuation and Communication (see page 2).
2. Lessons from the LA and Maui Wildfires: reviewed and discussed lessons learned from the LA and Maui wildfires.
3. Advisory Group Role: the Wildfire Advisory Group provides advice to the Mayor on critical wildfire initiatives, their priority and cost estimates for development and implementation. The plan is to develop one-page initiative documents for each of the five areas.
4. Wildfire Initiatives: Question: who else should participate in making recommendations?
a. Evacuation – Rob
b. Vegetation Management – Brad
c. Residential Defensible Space & Home Hardening – Jason d. Communication – Peter
e. Education & Insurance – Rhonda, Mary
5. One-Page Initiative Documents: Topic Outline
a. Background
b. Importance
c. What action needs to be taken? Identify the top 3 things tied to saving lives and protecting property.
1) Priority 1 (within 2 years)
2) Priority 2 (within 3-5 years)
d. Estimated Cost
1) Public
2) Private
e. Biggest obstacles/challenges
f. Measures of Success
6. West Valley Mayors and Managers / Santa Clara County Cities Association:
wildfire preparation and prevention discussions are now taking place in these associations. Our group thought the best approach to collaboration would be to begin discussions with our neighbors, Monte Sereno and Saratoga.
7. Next Steps: Initiative leads will begin development of the “one-page” initiative documents and share progress at the April 3 meeting.
8. Next Meeting: Thursday, April 3, 10:00-11:30 AM, location TBD
Wildfire Advisory Group Agenda
March 27, 2025
Evacuation Vegetation Management
Residential Defensible
Space & Home Hardening Communication Education & Insurance Rob Brad Jason Peter Rhonda, Mary
Need two baselines
• Oct–May (“Reg” Traffic)
• Jun–Sep (Beach Traffic)
Evac Simulation: resource
Google Research
Two points of ingress /
egress going forward.
Longer-term emergency
access e.g., Aztec Ridge,
Foster Road. Address one
way in and one way out.
Exercise / Drill
Emergency Shelters
Traffic Preemption (traffic
light control)
Consider adding Bryan
Mekechuk, MS Council
Fuel reduction
Weed abatement
Firewise Community
Certification
Wildfire Prepared Certificate
Insurance Institute for
Business & Home Safety
https://wildfireprepared.org/
Safer from Wildfires: “Safer
from Wildfires” regulations
Defensible Space Inspections non-enforcement
(through FireSafe Council)
and enforcement (through
SCCFD and Cal Fire).
Emergency Communication
Drills
Mass Communication e.g., Long
Range Acoustical Devices (LRAD)
AI Cameras: Network Examples
• Alert California
https://alertcalifornia.org/
• Alert Wildfire (nothing in LG area)
https://www.alertwildfire.org/
Add local media including newspapers (Los Gatan/Weekly), KCAT Apps
Know Your Zone:
https://protect.genasys.com/search
PulsePoint (Realtime Fire Svc Info):
https://www.pulsepoint.org/
Watch Duty:
https://www.watchduty.org/
Guidelines and tips
Firewise Community
Certification
Wildfire Prepared Certificate
Insurance Institute for
Business & Home Safety
https://wildfireprepared.org/
Safer from Wildfires: “Safer
from Wildfires” regulations
Updated March 27, 2025
STAFF REPORT
Meeting: City Council - Apr 15 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consider and Accept the City Manager's Quarterly Report Covering January 1, 2025 through March 31, 2025
Recommendation(s):
Staff recommends that the City Council consider and accept the City Manager's report Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's 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. City Manager’s Quarterly Report January-March 2025
City Manager’s Highlights
January – March 2025
General Plan Update
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning” (Government Code 65300). The State also requires the General Plans to include the following eight elements (sections): land use, circulation, housing (on a separate, 8-year, cycle), conservation, open space, noise, safety, and environmental justice (new for general plans adopted after 2020).
The process to update the General Plan is underway and information is available on the project website at: https://www.monteserenogpu.com/
Part of the General Plan includes the Safety Element, which will include identification of wildfire evacuation routes, emergency operations, and hazard mitigation.
The overall General Plan Update project is scheduled for completion in the Summer of 2026, the City’s consultant, Metropolitan Planning Group (M-Group), is currently working to update the Safety Element on an expedited schedule by the end of this year.
County Supervisor Margaret Abe-Koga’s Deputy Chief of Staff Office Hours at Monte Sereno
Amy Nguyen, the Deputy Chief of Staff for County Supervisor Margaret Abe-Koga will have open office hours at the Monte Sereno Council Chambers on Friday, April 25 from 9:00am to 11:00am. This is an opportunity for Monte Sereno and surrounding residents to provide input or ask questions to the Supervisor’s staff.
Santa Clara County Fire Department Wildfire Preparedness Workshops The Santa Clara County Fire Department is hosting several community Wildfire Preparedness Workshops in 2025. During the workshops, participants will learn how to protect their home and property from the threat of wildfire and gather helpful resources from local agencies. The currently scheduled workshops are as follows:
Tuesday, April 22 • 6:00-8:00 PM
Pavilion at Redwood Estates
21450 Madrone Drive, Los Gatos
Saturday, May 3 • 10:00AM – 12:00PM
Joan Pisani Community Center
19655 Allendale Avenue, Saratoga
Thursday, June 12 • 6:00PM – 7:30PM
VIRTUAL Workshop via Zoom /co-hosted with the Santa Clara County FireSafe Council Friday, July 18 • 6:00PM – 8:00PM
Cupertino Community Hall
10350 Torre Ave, Cupertino
Saturday, August 16 • 1:00PM – 3:00PM
Los Altos Community Center
97 Hillview Ave, Los Altos
More information and to sign-up for the workshops is online at: https://www.sccfd.org/wildfire/ Spring Peaceful Mountain Monitor Publication
The Spring issue of the Peaceful Mountain Monitor newsletter has been published and delivered to Monte Sereno residents. Articles include information about Santa Clara County hosted Wildfire Preparedness Workshops, upcoming community CPR classes that will be held at Monte Sereno City Hall, and information on new ‘daylighting’ parking requirements near intersections.
The newsletter is also available online at:
https://www.montesereno.org/DocumentCenter/View/4228/Spring-2025-Peaceful-MountainMonitor-NewsletterSilicon Valley Clean Energy Grant Application Staff submitted an application for a competitive grant opportunity with Silicon Valley Clean Energy (SVCE) for a Decarbonization grant. The grant application is to install photovoltaic panels on the City Hall building with energy storage back-up batteries. SVCE is scheduled to announce the project which will be awarded grants on April 25, 2025. 2018 Parks Bond Act Per Capita Grant
Monte Sereno was awarded a grant from the 2018 Parks Bond Act in the amount of approximately $180,000. The original grant application was to use these funds towards the community center at the auxiliary building. However, since Council has tabled that project due to the unexpectedly high project costs, staff was able to gain approval to redirect these grant funds for the Green Stormwater Infrastructure (GSI) project that is required as part of the current stormwater regulations.
The GSI project would revise the landscaping and possibly some asphalt surface along the street frontage of City Hall to maintain stormwater on-site and provide areas for stormwater to percolate in the ground. This is a mandated project as part of the City’s stormwater regulations.
The current budget also includes $125,000 for this project.
Staff anticipates that the project design and bid will be completed by the end of this year.
Building Department
Building permit activity for the past three months was as follows:
January – March
2025
Same Range
Last Year
Permits/Inspections
Building Permits Issued 46 51
Construction Valuation $3,210,896 $4,273,754
Building Permit Revenue $107,241 $123,486
Inspection Completed 188 181
Affordable Housing Developer Roundtable Workshop
As required by the City’s adopted Housing Element, Monte Sereno staff is required to reach out to affordable housing developers to provide information on opportunities within the city. This is a standard requirement for surrounding cities as part of their housing elements. The five West Valley cities joined together to host a roundtable meeting on February 27, 2025 in coordination with SV@Home with approximately 20 representatives from local affordable housing developer representatives.
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
January 7, 2025 Presentation of Certificates of Recognition to 2024 STEM Winners from the City of Monte Sereno
GGL N Presentation
Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Accept the Annual Approval and Signing of the City Council Code of Ethics GGL N Consent Calendar Revisions to City of Monte Sereno Council Ad-Hoc Committees DP N New Business Discuss Selection of Meeting Date for Strategic Goal Setting DP N New Business Flock Cameras DP N New Business
Consider and Approve City Council Committee/Commission Assignments for Calendar Year 2025
DP N New Business
Review of Municipal Code Chapter 10.09 (Personal Wireless Service Facility and Antenna Criteria) and Discussion of Draft Revisions
DP N New Business
January 21, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Consider Establishment of an Appointment to the Monte Sereno City Council Improving Financial Controls and Reporting Ad Hoc Committee DP N Consent Calendar
Hold Public Hearing and Adopt a Reso Overruling Objections and Determining to Proceed with Weed Abatement
GGL Y Public Hearing
Review Options for the Use of the Auxiliary Building DP N Unfinished Business
Flock Cameras DP N Unfinished
Business
Accept the FY 2024-25 Mid-Year Budget Report DP N New Business City Manager’s Quarterly Report DP N New Business
Consider and Appoint One Additional Member to the 2024-2025 Monte Sereno Youth Commission
GGL N New Business
February 4, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Hold Public Hearing and Adopt a Reso Overruling Objections and Determining to Proceed with Weed Abatement
GGL Y Public Hearing
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Discuss Hosting a City Picnic and Consider a Budget for the City Picnic DP N New Business Discussion and Consideration of a City of Monte Sereno Community Grants Deadline, Selection Dates, and Budget Amount
DP N New Business
February 18, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Receive Information Regarding the CalPERS Unfunded Pension Liabilities DP N New Business March 4, 2025 Santa Clara County Fire Department Semi-Annual Public Safety Report Fire N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Wildfire Prevention, Preparation, and Response Discussion DP N New Business March 18, 2025 Closed Session
Special Meeting POTENTIAL LITIGATION
Pursuant to Government Code Section 54956.9(b): Two Cases Staff present- City Attorney and Interim City Manager
PUBLIC EMPLOYMENT AND PUBLIC EMPLOYEE PERFORMANCE
EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager/Interim City Manager
Staff Present: Interim City Manager, City Attorney
March 18, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Consideration to Authorize the Interim City Manager to Execute Amendment #1 to the Professional Services Agreement with AIM Engineering Consultants, Inc. for Public Works/City Engineering Consulting.
DP N Consent Calendar
Consideration to Authorize the City Manager to Execute Amendment #2 to the Professional Services Agreement with DKG Consultants for Financial Services Consulting.
DP N Consent Calendar
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Authorize the Mayor to Send a Letter to Assemblymember Gail Pellerin Regarding Wildfire Safety Concerns Regarding the Eucalyptus Trees Along Highway 9
DP N Consent Calendar
Application 2024-3086 for a Site Development Permit for a single-story addition of approximately 554 square feet and a Variance application for reduced front of five feet where 25 feet is required.
DP Y Public Hearing
Consider and Appointment of Betters Streets Commissioner for Unscheduled Commission Vacancy
GGL N New Business
Annual Council Goal Setting Session for Fiscal Year 2025-2026 DP N New Business Receive the Informational Update from the Improving Finance Controls and Reporting Ad Hoc Committee
DP N New Business
Accept the Resignation of Council Member Shannon as Alternate Director of the Silicon Valley Clean Energy and Appoint a New Alternate Director DP N New Business
April 1, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of 2025-2026 City Council Goals DP N Consent Calendar Consider Modification to the City Council’s City Manager Search Ad Hoc Committee to Extend the Effective Date of the Committee to October 1, 2025 DP N Consent Calendar
Housing Element Annual Progress Report DP N Consent Calendar Adopt a Resolution Declaring Support for Efforts to Provide Universal Child Care DP New Business Authorize the Interim City Manager to enter into an agreement with the West Valley Cities to conduct a feasibility study for the possible development of temporary and emergency housing facilities and programs to service the unhoused population within the five jurisdictions.
DP N New Business
Consider Amending the Purpose of the Improving Financial Controls and Reporting Ad Hoc Committee
DP N Consent Calendar
Special Meeting
Closed Session
Discuss revisions to the Agreement for Law Enforcement Services between the City of Monte Sereno and the Town of Los Gatos
DP N New Business
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Special Meeting
April 11, 2025
Consideration to Authorize the Interim City Manager to Execute an Agreement for a Financial Services Program (title will be updated once a vendor is selected) DP N New Business
April 15, 2025 Los Gatos Monte Sereno Police Department Semi-Annual Report Police N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Introduce and waive the first reading of Ordinance No. NS244 to Amend Municipal Code Section 10.09 Personal Wireless Telecommunications Regulations.
DP Y Public Hearing
Adopt a Resolution Declaring Support for Efforts to Provide Universal Child Care DP N Unfinished Business
Approve Agreement for Law Enforcement Services between the City of Monte Sereno and the Town of Los Gatos
DP N Unfinished
Business
Adopt a Resolution to Update the City’s Financial Investment Policy and Become Shareholder of California Asset Management Trust
DP Y New Business
Discuss the Possibility of Establishing a Wildfire Prevention and Preparedness Commission or Committee
DP N New Business
City Manager’s Quarterly Report DP N New Business
May 6, 2025 Steinbeck Sign unveiling and Ice Cream Social Special Meeting
May 6, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adopt Ordinance No. NS-244 to Amend Municipal Code Section 10.09 Personal Wireless Telecommunications Regulations.
DP N Consent Calendar
First Study Session for Review of Proposed FY 25/26 Budget DP N New Business Discuss Civic Engagement Goal for Fiscal Year 2025-2026 DP N New Business Foster Care/Resource Parent Awareness Month DP N New Business May 20, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of a Resolution Declaring Hazardous Vegetation (Brush) a Public GGL N Consent Calendar
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Nuisance and Set Public Hearing (SCCF)
Consideration of Awarding Community Based Organization Grants DP N New Business Recognition of the 2025 Seniors of Distinction Awardees DP N New Business June 3, 2025 Finance Reports N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Annual Street Maintenance - Adoption of Projects N Consent Calendar Updated Fee Schedule for User and Regulatory Fees DP N Consent Calendar Biennial Review of the City of Monte Sereno's Conflict of Interest Code GGL N Consent Calendar Second Study Session for Review of Proposed FY 25/26 Budget DP N Unfinished Business
Appropriations Limit Adoption FY 25/26 N New Business
Consider and Approve Youth Commission Selection for the Social Justice Award DP N New Business Audit Report DP N New Business
Appointment of 2025-2026 Youth Commissioners GGL N New Business Introduce and waive the first reading of Ordinance No. NS-245 to Adopt Updated Local Responsibility Fire Hazard Severity Maps
DP N Public Hearing
June 17, 2025 Finance Report DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2025-2026 GGL N Consent Calendar
Adopt Ordinance No. NS-245 to Adopt Updated Local Responsibility Fire Hazard Severity Maps
DP Y Consent Calendar
Adopt a Resolution Overruling Protest Regarding Brush Abatement GGL Y Public Hearing Adoption of the FY 25/26 Budget DP N Unfinished
Business
July 1, 2025
July 15, 2025
Meetings Cancelled
August 5, 2025 Finance Reports N Consent Calendar
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Meeting Minutes GGL N Consent Calendar
Adopt a Resolution Confirming a Weed Abatement Report and Assessment List to be Entered on the Tax Assessment Roll
GGL Y Public Hearing
Consideration of Nominees Citizen of the Year Award DP N New Business League of California Cities Annual Conference Voting Delegate DP N New Business City Manager’s Quarterly Report DP N New Business
Discuss a Possible Ballot Initiative for 2026 to Increase the Police Services Parcel Tax
DP N New Business
August 19, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Quarterly Wildfire Report DP N New Business
September 2, 2025 Finance Reports Warrant list DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Manager’s Report DP N New Business
September 16, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
October 7, 2025 Santa Clara County Fire Department Semi-Annual Public Safety Report Fire N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
October 21, 2025 Los Gatos Monte Sereno Police Department Semi-Annual Report Police N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
City Manager’s Quarterly Report DP N New Business
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: March 28, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
November 4, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
November 18, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Appointment of Betters Streets Commissioners GGL N New Business Appointment of Site and Architectural Commissioners GGL N New Business December 2, 2025 Finance Reports Warrant list N Consent Calendar Meeting Minutes GGL N Consent Calendar
Better Street Commission & S&A Applicants GGL N New Business December 16, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Declaring Weeds a Public Nuisance GGL N Consent Calendar Supplemental Law Enforcement Service Fund (SLESF) GGL N Consent Calendar Consider and Set City Council Meeting Dates for 2026 GGL N New Business Council Nomination of Mayor and Vice Mayor DP N New Business Recognition of Outgoing Betters Streets Commissioners and Site and Architectural Commissioners
DP N New Business
Committee/Commission Assignments for CY2026 DP N New Business