Agenda — Monte Sereno City Council, May 6, 2025 (part 2 of 2)

Page 15 of 21 ends

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)

Page 137 of 183 ends

Page 16 of 21 ends

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

Page 138 of 183 ends

Page 17 of 21 ends

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.

Page 139 of 183 ends

Page 18 of 21 ends

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

Page 140 of 183 ends

Page 19 of 21 ends

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

Page 141 of 183 ends

Page 20 of 21 ends

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.

Page 142 of 183 ends

Page 21 of 21 ends

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

Page 143 of 183 ends

STAFF REPORT
Meeting: City Council - May 06 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: SETTLEMENT OF PADGETT V. WRIGHT, U.S.D.C. NOR.CAL., NO. 04-CV03946-EJD Recommendation(s):

Authorize the Mayor to Execute the Global Settlement Agreement and Mutual Release of all Claims and Actions in Padgett v. Wright, U.S.D.C. Nor. Cal., No. 04-CV-03946-EJD Background Information:

Lawsuit Filed by Joseph and Darla Padgett
This litigation was filed in 2004 and arises from a City code enforcement action to force plaintiffs Joseph and Darla Padgett to remove or correct code violations related to building construction. Plaintiffs responded by filing suit against the City, the entire City Council (including the Mayor at the time – A. Curtis Wright), and the City Manager, claiming that the defendants violated their constitutional rights, and amongst other things, “selectively” prosecuted them for their fence which was built in violation of the City’s municipal code.

Plaintiffs argued that the City looked the other way on other private fences that violated the ordinance, such as Mayor Wright’s fence. Plaintiffs also argued that the City, its Council, and City Manager engaged in a campaign of harassment and intimidation against plaintiffs when they pushed back against the City’s enforcement of its fence ordinance.

The City and four members of the City Council obtained summary judgment and were dismissed from the litigation prior to trial, leaving Mr. Wright and the City Manager as the only defendants at the 2009 jury trial in the District Court. After a month-long federal jury trial, the jury was unable to reach a verdict on plaintiffs’ causes of claims against the City Manager. The jury, however, split, on the plaintiffs’ First Amendment causes of action against Mr. Wright – finding Mr. Wright, as a public official, liable to Joseph Padgett for violating his First Amendment rights. After numerous post-trial motions, the Court found in favor of the City Manager (and entering judgment in his favor as against plaintiffs) and affirmed the jury’s award of $1.00 in nominal damages against Mr. Wright, and punitive damages in the amount of $10,000.00. So, in total, after nearly a decade of legal battles, Mr. Padgett obtained a judgment totaling $10,001.00 against Mr. Wright only.

Pursuant to 42 U.S.C. §1983, a “prevailing party” is entitled to recover their reasonable attorneys’ fees and costs in such constitutional cases. After many years of legal argument about the appropriate amount of attorneys’ fees and costs, Mr. Padgett was awarded:

Page 144 of 183 ends

 $393,468.29 in attorneys’ fees and costs to Mr. Padgett’s former attorneys, Bustamante & Gagliasso; and
 $343,393.57 in attorneys’ fees and costs to Mr. Padgett (for the work performed by his other lawyers).

A dispute remains regarding the recoverable interest on the awarded fees and costs to Bustamante & Gagliasso [which sought $1,612,000.37 in post-judgment interest on its $393,468.29 judgment] and (ii) Mr. Padgett seeking interest on the total fees and costs awarded to Bustamante and himself ($736,861.86). The City believes the recoverable interest is $10,272.33, for Bustamante & Gagliasso and a slighter lower amount for Mr. Padgett. In total, the potential amount owed to Bustamante & Gagliasso ranges from approximately $403,740.00 to approximately $2,005,468.00, and from $363,393.00 to over $4 million for Mr.

Padgett.

As history has shown, it is expected that if not resolved, this case will continue to bounce back and forth between the District Court and the Ninth Circuit for potentially years. Throughout this time, all parties will incur additional attorney fees and the interest will continue to accrue. The parties have determined it is in the best interest of all involved to resolve this dispute without admitting any liability or wrongdoing.

Defense of Curtis Wright
Curtis Wright served on the City Council from 2002 to 2010. He served as Mayor in 2005 and 2009 and was the Mayor during a portion of time the Padgetts’ alleged wrongdoing by the City and Mr. Wright. In accordance with Government Code section 825, the City was required to defend Mr. Wright, the other Council Members at the time and the City Manager. That defense has continued throughout this litigation.

Pursuant to California Government Code section 815.2, “a public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.” In addition, Government Code § 815.3 states “(b) If the elected official is held liable for an intentional tort other than defamation in such an action, the trier of fact in reaching the verdict shall determine if the act or omission constituting the intentional tort arose from and was directly related to the elected official’s performance of his or her official duties. If the trier of fact determines that the act or omission arose from and was directly related to the elected official’s performance of his or her official duties, the public entity shall be liable for the judgment as provided by law.” On September 26, 2024, Mr. Wright filed a claim against the City demanding that it pay any judgements against him in the Padgett litigation and alleged other damages.

Terms of the Settlement Agreement
Under the settlement agreement, without admitting any liability, each party and its attorneys will release all other parties and their attorneys of any claims, including the claim filed by Mr.

Wright. All pending court cases will be dismissed. Mr. Wright will withdraw his claim within 5 days of execution of the settlement agreement.

Within 30 days of the execution of the settlement agreement, the City will pay the following amounts:
(a) $220,000.00 to the Bustamante & Gagliasso;

Page 145 of 183 ends

(b) $470,000.00 to Joseph Padgett; and
(c) $23,428.04 to the law firm McDowall Cotter, APC, for its work on behalf of A. Curtis Wright.

It should be noted that the total amount to be paid by the City under the settlement is less than the damages and attorneys’ fees awarded in this case, without any accrued interest.

Fiscal Impact:

Pursuant to the terms of the settlement, the City will pay $712, 428.04, which will be paid out of reserves. The City will no longer be incurring legal fees on this matter.

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:

Global Settlement Agreement And Mutual Release Of All Claims And Action

Page 146 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS AND ACTIONS

Page 1 ends

GLOBAL SETTLEMENT AGREEMENT AND

MUTUAL RELEASE OF ALL CLAIMS AND ACTIONS
This Global Settlement Agreement and Mutual Release of All Claims and Actions (“AGREEMENT”) is made between Mr. Joseph Padgett, the law firm of Bustamante & Gagliasso, A.P.C., Mr. Curtis Wright, and the City of Monte Sereno, individually referred to as “PARTY” and collectively referred to herein as the “PARTIES.” This AGREEMENT encompasses the final resolution of multiple actions between the PARTIES filed in various courts including but not limited to those described below, collectively hereinafter the “ACTIONS.”

RECITALS
Whereas Padgett sued Wright, inter alia, for civil rights violations as more fully set out in the complaint on file in Padgett v. Wright, U.S.D.C. Nor. Cal., No. 04-cv-03946-EJD, Docket No. 1; (hereinafter, the "civil rights case";)
Whereas judgment was entered in the civil rights case on February 4, 2010, in favor of Padgett, and against Wright, in the sum of $10,001.00, plus post-judgment interest at the statutory rate;
Whereas the judgment entered in the civil rights case was affirmed on appeal and is now final;
Whereas the judgment in the civil rights case is earning post-judgment interest; Whereas the trial court in the civil rights case subsequently made two awards of attorney fees and costs in favor of Padgett against Wright, as follows:

1. On March 31, 2015, the trial entered an award of attorney fees and costs in the amounts of $471,056.64 and $100,000.00, respectively; (Docket No. 1087, 11:17-12:11;)

2. On June 14, 2019, the trial court ostensibly entered an award of attorney fees and costs in the amounts of $148,756.00 and $4,048.22, respectively, per the Order. However, the actual sums awarded total $151,756.00 (Docket No. 1179,13:10-14;) Whereas the trial court in the civil rights case subsequently ruled that Padgett had assigned the rights to and interest in the first award to the lawyers who represented him at the trial – to wit: Bustamante & Gagliasso and Kallis & Associates; (Docket No. 1201, 6:22-7:1;) Whereas the trial court's order that Padgett had assigned his rights to and interest in the first award in the civil rights case to his trial lawyers was affirmed on appeal and is now final; Whereas the second award of attorney fees in the civil rights case was affirmed on appeal and is now final;
Whereas both awards of attorney fees and costs in the civil rights case are earning postjudgment interest;

Page 147 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 2 ends

Whereas Wright sought relief from his liability under the United States Bankruptcy Act by filing a petition for relief in In re: A. Curtis Wright, U.S.B.C. Nor. Cal., No. 14-51560-DM; (hereinafter, the "Wright Bankruptcy";)
Whereas Padgett filed a complaint in the Wright Bankruptcy against Wright for a legal determination that Wright's debt in the civil rights case is not dischargeable; Whereas on August 6, 2015, the United States Bankruptcy Court entered judgment that Wright's debt in the civil rights case is not dischargeable; (Padgett v. Wright, U.S.B.C. Nor. Cal., No. 14-5073, Docket No. 32;)
Whereas the United States Bankruptcy Court in the Wright Bankruptcy also awarded Padgett attorney fees of $7,687.50, and costs of $560.87; (Padgett v. Wright, U.S.B.C. Nor. Cal., No. 14-5073, Docket No. 32, 2:2-5;)
Whereas the judgment in favor of Padgett in the Wright Bankruptcy is now final; Whereas the judgment amounts awarded in favor of Padgett and against Wright in the Wright Bankruptcy are earning interest at the statutory rate; Whereas Padgett's trial lawyers in the civil rights case sued him in the Santa Clara County Superior Court to recover an attorney fee and for other legal and equitable relief as more fully set out in their complaint; (Law Firm of Kallis & Associates v. Padgett, Santa Clara County Superior Court, No. 16CV298149 [hereinafter, the "Fee Case"];) Whereas on September 25, 2018, the trial court in the Fee Case entered judgment in favor of Padgett and against his trial lawyers in the civil rights case; Whereas Padgett lodged two bills for statutory costs in the Fee Case in the amounts of $3,727.59 and $584.50, on October 5, 2018, and March 17, 2023, respectively; Whereas on May 24, 2023, the trial court in the Fee Case made an award of attorney fees in the sum of $139,419.44 in favor of Padgett and against his trial lawyers in the civil rights case; Whereas the judgment in the Fee Case was affirmed on appeal and is now final; Whereas the sums due and payable to Padgett in the Fee Case are earning interest at the statutory rate according to law;
Whereas Jeff Kallis, the principal of Kallis & Associates, sought relief from his liability to Padgett, inter alia, under the United States Bankruptcy Act by filing a petition for relief in In re: Kallis & Associates, U.S.B.C. W. WA, No. 18-13091; (hereinafter, the "Kallis Bankruptcy";) Whereas on July 26, 2019, Padgett purchased at an auction sanctioned by the U.S.

Bankruptcy Court in the Kallis Bankruptcy under applicable code several assets of Kallis & Associates, including its rights to, and interest in, first fee award made by the trial court in the civil rights case on March 31, 2015; (In re: Kallis & Associates, U.S.B.C. W. WA, No. 18- 13091, Docket No. 58, 2:7-10;)
Whereas none of the money awarded by the various courts as set out in these recitals has been paid;
Whereas the PARTIES have filed or otherwise lodged liens in proper form in the various venues;

Page 148 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 3 ends

Whereas Padgett filed a Complaint on Domestic Money Judgment on February 3, 2020, Padgett v. Wright, et al., U.S.D.C. Nor. Cal., No. 05:20-cv-00802-EJD, which was subsequently amended on March 2, 2020, and stayed on September 10, 2020, (Docket No. 1, 9, 25); Whereas A. Curtis Wright contends and claims that the City of Monte Sereno is required to provide him with legal representation and to indemnify him for the judgments, post-judgment interest, and his attorneys’ fees and costs in relation to the civil rights case and subsequent appeals, including legal fees and costs accrued by McDowall Cotter, APC to defend A. Curtis Wright in the Complaint on Domestic Money Judgment matter, Case No. 05:20-cv-00802-EJD and to represent Wright in any negotiations with Monte Sereno or others in the 04-cv-03946-EJD matter;
Whereas the City of Monte Sereno disputes the contentions and claims of A. Curtis Wright in whole, and contends that it owes A. Curtis Wright nothing; and Whereas A. Curtis Wright has filed a Claim for Damages on September 26, 2024 (the “Claim”);
Whereas the parties to this AGREEMENT still have a number of disputes between and among themselves concerning the following, inter alia:

1. the interest rates applicable to the awards of attorney fees and costs in the civil rights case;

2. the date of accrual of interest on the awards of attorney fees and costs in the civil rights case;

3. the division of the first award of attorney fees and costs in the civil rights case between Bustamante & Gagliasso and Padgett, successor-in-interest to Kallis & Associates;

4. the liability of the City of Monte Sereno for the payment of the judgment against Wright, including the judgment itself and the two awards of attorney fees and costs, plus interest thereon;

5. any potential reimbursement claim that the City of Monte Sereno has, or may have against Wright for the payment of the judgment against Wright, including the judgment itself and the two awards of attorney fees and costs, plus interest thereon;

6. the responsibility and liability of the City of Monte Sereno to continue to provide legal representation to Wright in the civil rights case, including payment of Wright’s attorney’s fees and costs; and

7. Wright’s Tort Claim for Damages submitted to Monte Sereno on September 26, 2024; Whereas the Parties hereto, and all of them, wish to fully and finally resolve all of these matters and disputes, and any related matters and disputes, including, but not limited to, all final judgments and all heretofore unresolved disputes, in a global and comprehensive settlement agreement and compromise (the “RELEASED CLAIMS”);

Page 149 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 4 ends

TERMS OF AGREEMENT

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL PROMISES HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:

1. Payment. In exchange for the promises and warranties set forth below, the City of Monte Sereno shall make the Settlement Payments, within Thirty Days (30) of the execution of this AGREEMENT, as follows:
(a) $220,000.00 made payable to the law firm of Bustamante & Gagliasso, A.P.C. in Trust; 1570 The Alameda, Suite 310, San Jose, CA 95126, Tax I.D. number 45-5559116; and (b) $470,000.00 made payable to Hugo Torbet Attorney/Client Trust Account; 3223 Webster St., San Francisco, CA 94123,
(c) $23,428.04 payable to the law firm McDowall Cotter, APC, for its work on behalf of A.

Curtis Wright.

2. Affidavit. Curtis Wright shall provide a sworn affidavit attesting to and verifying his financial status upon execution of this AGREEMENT. A. Curtis Wright acknowledges that the other PARTIES are relying on this affidavit as material representation in reaching this AGREEMENT.

3. Mutual Release of All Claims. Upon satisfaction of the obligations set forth in paragraphs 1 and 2, as well as all other affirmative acts, the following release language will become effective: The PARTIES unconditionally, irrevocably and absolutely release and discharge each other, as well as their present and former employees, officers, agents, attorneys, affiliates, heirs, successors, assignees and all other representatives of the PARTIES, from any and all causes of action, judgments, liens, , indebtedness, liabilities, and from all actual, plausible, or imaginary legal or equitable liability, claims, damages, or other cognizable or actionable rights and interests, whether known or unknown, that PARTIES may now or hereafter have against each other arising from the disputes identified herein and the incidents and events giving rise to the ACTIONS, arising from the beginning of time through the effective date of this AGREEMENT.

4. Unknown or Different Facts or Law. The PARTIES acknowledge they may discover facts or law different from, or in addition to, the facts or law they know or believe to exist with respect to the RELEASED CLAIMS. The PARTIES agree, nonetheless, that this AGREEMENT and the releases contained in it shall be and remain effective in all respects notwithstanding such different or additional facts or law.

5. California Civil Code Section 1542 Waiver. The PARTIES expressly acknowledge and agree that the releases contained in this AGREEMENT include a waiver of all rights under Section 1542 of the California Civil Code. This statute reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or

Page 150 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 5 ends

her, would have materially affected his or her settlement with the debtor or released party.

The PARTIES acknowledge they have read all of this AGREEMENT, including the above Civil Code section, and they acknowledge they fully understand both the AGREEMENT and the Civil Code section. The PARTIES waive any benefits and rights granted to them pursuant to Civil Code section 1542.

6. Withdrawal of Claim. Within five (5) days of execution of this AGREEMENT, Wright shall withdraw the Claim by submitting written notification to the City that the Claim is withdrawn and he no longer has any claims against the City. However, should it be determined by a court that: (1) this AGREEMENT is unenforceable; (2) the payment and release provisions of this AGREEMENT are unenforceable; and/or (3) the City is in breach of this AGREEMENT, including but not limited to the City’s failure to make the Settlement Payments identified in Section 2 of this AGREEMENT, the City agrees that Wright shall have the right to rescind the withdrawal of the Claim within thirty (30) days of the court’s determination, any statutes of limitation regarding the Claim shall be tolled from the date of execution of this AGREEMENT to the date that Wright rescinded the withdrawal of the Claim, and Wright may pursue litigation concerning the Claim.

7. Entire Agreement. This AGREEMENT, including Curtis Wrights’ sworn affidavit, constitutes the full and entire AGREEMENT between the PARTIES herein and each such party acknowledges that there is no other agreement, oral and/or written, among the PARTIES hereto relative to the subject matter of this AGREEMENT.

8. Attorneys’ Fees and Costs. Except as agreed to in Paragraph 1, by expression or necessary implication, the PARTIES agree to bear their own attorneys’ fees, costs, and expenses incurred in connection with the ACTIONS and any RELEASED CLAIMS.

9. Governing Law and Jurisdiction. This AGREEMENT shall in all respects be interpreted, enforced and governed by and under California law without giving effect to its conflicts of laws provisions. Venue for all matters arising from this AGREEMENT will be the Federal District Court for the Northern District in San Jose, California.

10. Severability. Should it be determined by a court that any term of this AGREEMENT is unenforceable, that term shall be deemed to be deleted. However, the validity and enforceability of the remaining terms shall not be affected by the deletion of the unenforceable terms.

11. Modifications. This AGREEMENT may be amended only by a written instrument executed by all PARTIES hereto.

12. Interpretation. The headings set forth in this AGREEMENT are for convenience only and shall not be used in interpreting this AGREEMENT.

13. Construction. This AGREEMENT has been drafted by legal counsel representing the PARTIES, but the PARTIES and their counsel have fully participated in the negotiation of its

Page 151 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 6 ends

terms. The PARTIES acknowledge they have had an opportunity to review and discuss each term of this AGREEMENT with legal counsel.

14. Counterparts. This AGREEMENT may be executed in counterparts, DocuSign or Adobe E-Sign. The execution of a signature page of this AGREEMENT shall constitute the execution of the AGREEMENT, and the AGREEMENT shall be binding on each party upon that party’s signing of such a counterpart.

15. Warranties.
a. Each PARTY to this AGREEMENT shall execute all such instruments and documents and take all such action as may be reasonably required to effectuate this AGREEMENT. This provision includes that the City of Monte Sereno shall comply with Government Code Section 54950 et seq. (the Ralph M. Brown Act) when taking action necessary to effectuate this AGREEMENT.
b. Each of the PARTIES warrants that no promise or inducement has been made or offered by any of the PARTIES, except as set forth herein, and that this AGREEMENT is not executed in reliance upon any statement or representation not set forth herein, or of any of the PARTIES or their representatives concerning the nature and extent of the damages or legal liability thereof that is not reflected herein.
c. Each individual signing this AGREEMENT warrants and represents that they have full authority to execute the AGREEMENT on whose behalf they have so signed, including entities identified herein. d. In executing this AGREEMENT, PARTIES warrant and represent that they are the only entity or person(s) having any interest in the RELEASED CLAIMS and that no interest in the RELEASED CLAIMS is held by any other entity or person, or has been assigned, granted, transferred, alienated or otherwise disposed of by PARTIES in any way to any other entity or person except as provided herein.
e. The PARTIES have freely and voluntarily entered into this AGREEMENT without coercion or duress and in consultation with their own counsel. Each PARTY understands this AGREEMENT and is fully aware of its contents and legal effect.

IN WITNESS WHEREOF, the undersigned do hereby execute this Global Settlement Agreement and Mutual Release of All Claims and Actions, and which shall be deemed fully executed as of the date all parties hereto have affixed their signatures below.

Page 152 of 183 ends

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

Page 7 ends

Dated: _____________ _____________________________________ Joseph Padgett
(Plaintiff)
Dated: _____________ _____________________________________ Bustamante & Gagliasso, A.P.C
(Plaintiff)
Dated: _____________ _____________________________________ Curtis Wright
(Defendant)
Dated: _____________ _____________________________________ City of Monte Sereno

Page 153 of 183 ends

From: Omar Billawala
To: Gloisy Gonzalez-Langarica
Cc: Burton Craig; Javed Ellahie; Bryan Mekechuk; Evert Wolsheimer; Lisa Shannon Subject: Padgett Settlement: Transparency and Fiscal Responsibility Needed Date: Monday, May 5, 2025 7:49:28 PM
Dear City Council Members,
I've reviewed the May 6, 2025 Staff Report on Agenda Item #8 regarding the proposed settlement of Padgett v. Wright and have significant concerns regarding the timing, necessity, and magnitude of this settlement. Please respond to the following questions before proceeding:

1. Is the City currently facing an active lawsuit regarding these claims? The staff report indicates that litigation against the City itself was dismissed through summary judgment. This prior summary judgment (circa 2004) implies the court concluded that Curtis Wright was not acting within the scope of his official duties, thereby significantly reducing the City's potential liability under California Government Code Section 815.2. Therefore, the City currently faces no direct lawsuit, only potential indemnification obligations that appear legally questionable given the summary judgment ruling.

2. If the City is not currently being sued, why is the proposed settlement so high? The staff report indicates the City believes its maximum exposure, including interest, is roughly $757,000. Yet, the proposed settlement is nearly the entirety of this amount. Typically, settlements represent a significant discount from potential liability to justify avoiding litigation risk and future costs.

3. Why settle now, when neither side faces imminent loss or harm? Settlements usually make sense when litigation risks are immediate and substantial. Here, neither party appears to have imminent risk. Without active litigation, the City unnecessarily weakens its negotiating position. Typically, settlement amounts decrease significantly after litigation begins, discovery is commenced, motion practice such as summary judgment motions are filed, and risks are better understood by both parties. Settlements are usually most beneficial when uncertainty or risk is highest, not lowest. Here, the summary judgment decision already favored the City, indicating a reduced risk.

4. Provide full transparency on past legal expenditures:

Residents deserve transparency. To evaluate the settlement’s reasonableness, please disclose clearly:

Total legal expenditures by the City on this matter in 2024? In 2023? In 2022? In 2021? Anticipated future litigation costs, estimated by year, if the City chooses not to settle immediately.

5. If the City prevailed through summary judgment, why settle for nearly full exposure? A court-granted summary judgment usually indicates a very strong legal position and significantly reduces potential settlement costs. Why does the City now perceive vulnerability despite the court previously affirming its legal position? Yet, even the City estimates its exposure, were it to lose, to be only marginally higher than the presently contemplated settlement amount.

6. Financial burden on residents and taxpayers:

This $712,428.04 settlement is substantial, amounting to nearly 10% of the City's total reserves. To better put this into perspective, it represents more than four years' worth of revenue generated by the total aggregated annual $150 Police Services parcel tax levied on every home in Monte Sereno.

Such a large expense requires rigorous and detailed justification to residents who are ultimately, through their taxes, paying this settlement.

7. Public trust and setting a precedent:

An inadequately justified settlement risks damaging public trust and invites similar claims in the future. Settlements should clearly reflect strong risk assessments rather than convenience or

Page 154 of 183 ends

expediency.

Unless the City transparently demonstrates a clear, compelling rationale, including comprehensive financial analyses, risk evaluations, and litigation forecasts, I urge the Council to reconsider this substantial and seemingly premature settlement and engage in settlement discussions when the potential plaintiffs have something to lose (i.e., once litigation has commenced).

Respectfully,
Omar Billawala

Page 155 of 183 ends

From: Lionel Allan
To: Burton Craig; Javed Ellahie; Evert Wolsheimer; Bryan Mekechuk; Lisa Shannon Cc: Diana Perkins; Gloisy Gonzalez-Langarica; Kirsten Powell Subject: City of Monte Sereno - May 6 Council meeting, agenda Item 8 Date: Saturday, May 3, 2025 9:55:26 AM
Attachments: portallogo.png
RotatorNavigateImage.png
Dear Council
As the City has liability solely because Curtis Wright’s actions were deemed by the Court to be done in his capacity as a member of the City Council, why is the City’s insurance not paying the $700k to settle this litigation? Why is the City paying premiums for insurance that does not protect the City from actions of Council members or employees held to be wrongful? Lon Allan
https://montesereno.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=7393

HOME CALENDAR MEETINGS SEARCH
Time: 07:00 PM
Location: Monte Sereno City Council Chambers - 18041 Saratoga - Los Gatos Road, Monte Sereno, Ca 95030 Print Version
Agenda Agenda Packet
May 2025

SUN MON TUE WED THU FRI SAT
27 28 29 30 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
1 2 3 4 5 6 7
No Meetings Today
More
Home » Meetings » Meeting Information
Portal Document Center Help Sign In
Welcome to City of Monte Sereno

CITY COUNCIL
Regular Council meetings are held the first and third Tuesday of each month at City Hall in our council chambers at 7:00 p.m.

MEMBERS
Share
MAY 06 2025

CITY COUNCIL
APR 15 2025

CITY COUNCIL
APR 01 2025

CITY COUNCIL
MAR 18 2025

CITY COUNCIL
MAR 04 2025

CITY COUNCIL
FEB 18 2025

CITY COUNCIL
CITY COUNCIL - MAY 06 2025
AGENDA

SPLITSCREEN

SCHEDULE OF MEETINGS

CONNECT TO US

TODAY'S MEETINGS

UPCOMING MEETINGS
City Council - May 06 2025
Site and Architectural Commission - May 07
2025
City Council - May 20 2025
City Council - Jun 03 2025
Site and Architectural Commission - Jun 04
2025
City Council - Jun 17 2025
Site and Architectural Commission - Jul 02
2025
City Council - Aug 05 2025
Site and Architectural Commission - Aug 06
2025
City Council - Aug 19 2025
City Council - Sep 02 2025
Site and Architectural Commission - Sep 03
2025
City Council - Sep 16 2025
City Council - Oct 07 2025
Site and Architectural Commission - Oct 08
2025
City Council - Oct 21 2025
City Council - Nov 04 2025

RECENT MEETINGS
Special Meeting of the City Council - Apr 29
2025
Youth Commission - Apr 22 2025
City Council - Apr 15 2025
Special Meeting of the City Council - Apr 15
2025
Special Meeting of the City Council - Apr 11
2025
Youth Commission - Apr 08 2025
Site and Architectural Commission - Apr 02
2025

Page 156 of 183 ends

LIONEL M. ALLAN
408 421 8170
[email protected]
www.lonallan.com
More
© iCompass - A Diligent Brand 2025
City Council - Apr 01 2025
Special Meeting of the City Council - Apr 01
2025
City Council - Mar 18 2025
Special Meeting of the City Council - Mar 18
2025
Better Streets Commission - Mar 13 2025
Youth Commission - Mar 11 2025

MEMBERS
Rowena Turner

Page 157 of 183 ends

STAFF REPORT
Meeting: City Council - May 06 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Interim City Manager
Title: Discuss the Council Adopted Goal to Increase Civic Engagement and Provide Direction to Staff
Recommendation(s):

Staff recommends that the City Council discuss the Council adopted goal to Increase Civic Engagement 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 the following:
‘Increase civic engagement and resident involvement in the community, including possible partnership with leadership Los Gatos.’
Since the adoption of the goals, other suggestions to improve civic engagement have been noted including the possibility of the City paying for the cost of candidate statements during City Council elections. Another suggestion was also made to consider compensating Council Members for their time.

Analysis:

This meeting is an opportunity for interested members of the public to provide comments and for the City Council to discuss additional suggestions to be considered to increase civic engagement. Also, the Council may consider if an Ad Hoc committee should be established for this subject.

Based on the feedback from the Council, staff will present information to Council next fiscal year on potential options for improving civic engagement for consideration and action by Council at that time.

California Environmental Quality Act:

Page 158 of 183 ends

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)).

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

Page 159 of 183 ends

Council Adopted Goals for Fiscal Year 2025-2026

Page 1 of 2 ends

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.

Page 160 of 183 ends

Council Adopted Goals for Fiscal Year 2025-2026

Page 2 of 2 ends

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.

Page 161 of 183 ends

STAFF REPORT
Meeting: City Council - May 06 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Interim City Manager
Title: Review the Fiscal Year 2025/2026 Proposed Budget and Provide Direction to Staff
Recommendation(s):

Staff recommends that the City Council review the Fiscal Year 2025/2026 proposed budget and provide direction to staff on any modifications.

Background Information:

On June 18, 2024, the Council adopted a two year budget including Fiscal Year 2024/2025 and Fiscal Year 2025/2026. The adopted budget for Fiscal Year 2025/2026 included projected revenues of $4,949,100 in the operating budget and expenditures of $4,803,108. Resulting in $145,992 in surplus revenue.

Although the Fiscal Year 2025/2026 budget was previously approved, there have been several changes in projected revenues and expenditures for the upcoming fiscal year which warrant a review of the adopted budget. Attachment 1 to this report includes the following information:
 Current Fiscal Year 2024/2025 Adopted General Fund Budget and Projected Expenditures
 Fiscal Year 2025/2026 previously adopted budget and proposed revised budget  Fiscal Year 2025/2026 propose project budgets
The City is in the process of implementing new financial software and, as part of that effort, the budget for next fiscal year will have a revised format with more transparent information on the various City funds (i.e. general fund, gas tax fund, etc.) and will provide projections for future fiscal years.

Analysis:

General Fund
A comparison of the projected expenses for the current Fiscal Year 2024/2025, the previously adopted Fiscal Year 2025/2026 budget, and the proposed revised Fiscal Year 2025/2026 budget is included in Attachment 1. The changes in the previously adopted and the proposed

Page 162 of 183 ends

budgets for Fiscal Year 2025/2026 include a significant increase in expenditures, which results in a deficit $245,729.

Following is a summary of the major changes that have resulted in the deficit.  Increase in cost for the Police Services Agreement – The City Council approved a new five-year agreement for police services with the Town of Los Gatos on April 15, 2025. The cost police services have increased significantly due to the increased costs incurred by the Town for sworn-officer staffing as well as legislatively mandated equipment and reporting requirements. The cost for police services in Fiscal Year 2025/2026 will be $1,458,319, which is an increase of $322,805 from the previous year.  Flock Camera Annual Cost – the City Council authorized an agreement with Flock Safety Group on January 21, 2025 for the installation and annual maintenance of 19 Automated License Plate Reader (ALPR) cameras and one mobile camera with Flock.

The annual service costs for these cameras is $60,500.
 Increased Cost for Attorney Services – Due to pending litigation, the costs for attorney services is expected to increase next fiscal year and the proposed budget includes an additional $80,000 in attorney costs.

Potential General Fund Revenue Increases
Following is a suggestion for Council to consider which would increase revenue in the Fiscal Year 2025/2026 and future budgets.
 Potential Ballot Measure to Increase Police Service Parcel Tax – In 1983, the residents of Monte Sereno approved a ballot measure for annual tax of $150 per parcel to support the cost of police services. In Fiscal Year 2025/2026, the revenue received from this parcel tax is approximately $187,000 and will cover only 13% of the police services costs.

Staff will provide additional information on this potential ballot measure including options for surveying residents to determine support for increasing this tax rate and what increased rate the Council may want to consider. This discussion item is scheduled for the August 5, 2025 City Council meeting.

Potential General Fund Expenditure Reductions
Following are suggestions for Council to consider which would reduce expenditures in the Fiscal Year 2025/2026 and future budgets.
 Staff Levels – The number of full-time staff has increased and some staffing positions have upgraded over the past five years. The process of assessing staffing needs compared with current staff is a longer term process and cannot be completed with this budget review and adoption. However, Council may consider directing staff to assess the staffing needs and return to the Council with the assessment for future discussion and potential reductions.

Page 163 of 183 ends

Capital Improvement Projects
In addition to the operating budget, the proposed Fiscal Year 2025/2026 budget includes the following Capital Improvement Projects (CIP) and special projects:
 Unfunded Pension Liabilities - An Unfunded Accrued Liability (UAL) for the California Public Employees' Retirement System (CalPERS) is the difference between the cost of future benefits and the assets available to pay for them. The approved budget included approximately $58,112 in annual payments for the unfunded liability. At that rate, the current unfunded liabilities will be paid in 10 to 15 years. However, additional unfunded liabilities may accumulate due to a variety of factors including the performance of the CalPERS investment portfolio, changes in actuarial assumptions, and experience changes.

During this upcoming fiscal year, staff will assess the UAL, the budget, and reserves to provide Council with alternatives for possibly paying this liability on an accelerated schedule.
 Green Stormwater Infrastructure (GSI) Project - As part of the Municipal Regional Stormwater Permit, which governs stormwater regulations for Monte Sereno, the City is required to provide treatment of storm water for approximately 9,000 square feet of currently un-treated area (i.e. impervious pavement, building roof area, etc.). Staff is working with a consultant to prepare plans for meeting this requirement at City Hall by modifying the roof drainage, landscaping, and pavement. This project was previously estimated to cost $125,000 and is included in the CIP budget.

Monte Sereno was awarded a grant from the 2018 Parks Bond Act in the amount of $180,171. 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 this GSI project. The revenue of this grant has also been included in the CIP projects for Fiscal Year 2025/2026 which would reduce CIP budget by the grant amount.
 Annual Pavement Management Program - The City receives several sources of revenue that are designated for road improvements. These revenues include the Gas Tax revenue from the State, Vehicle Registration Fees, Santa Clara County Measure B funds, and local construction road impact fees charged as part of building permits. The Fiscal Year 2025/2026 budget includes $441,600 in revenues from these sources. The CIP project for the Pavement Management Program includes an expenditure of this same amount.

Status of Reserves
The status of the City’s fund balance is determined with each fiscal year’s audit. The last completed audit was for Fiscal Year 2022/2023 and was accepted by the City Council on June 4, 2024, which showed a fund balance for the General Fund, the City's main operating fund, of

Page 164 of 183 ends

$5,276,896. This entire amount is considered "Unassigned", which means it can be used for any governmental purpose determined by the Council and is not otherwise, restricted, assigned, committed, or non-spendable.
 Fund Balance as of June 30, 2023: $5,276,896
 Estimated Fiscal Year 2023/2024 Deficit: ($20,628)
 Estimated Fiscal Year 2024/2025 Surplus: $318,000
 Estimated Fund Balance as of June 30, 2025: $5,574,268 Council may consider transferring a portion of the Fiscal Year 2024/2025 surplus, anticipated to be approximately $260,000, to cover the deficit projected for Fiscal Year 2025/2026.

Fiscal Impact:

The fiscal impact is noted above for the proposed budget as well as for other areas that can be considered for revenue and expenditure adjustments. The final impact will be determined once the final proposed Fiscal Year 2025/2026 budget is prepared for adoption.

Public Noticing:

Attachments:

1. FY 2025-2026 Proposed Budget Review

Page 165 of 183 ends

THE CITY OF MONTE SERENO
FY 2025/2026 Proposed Budget Review
May 6, 2025 City Council Meeting
Adopted General
Fund Budget
Year End General
Fund Projections
Adopted General
Fund Budget
Proposed Revised
General Fund
Budget
Unfunded Accrued
Liabilities (UAL) -
Classic ($499k) &
PEPRA ($43k)
Annual Pavement
Management
Program (PMP)
Green Stormwater
Infrastructure
Project

REVENUES
PROPERTY TAX 2,990,600 3,125,923 3,140,200 3,223,832 0 0 0 LICENSE & PERMITS 806,900 908,435 847,300 862,200 0 0 0 FRANCHISE TAX 476,000 388,008 500,100 384,075 0 51,850 0 INTERGOVERNMENTAL 118,700 107,945 119,200 118,400 0 116,500 0 OTHER REVENUE 28,000 101,136 29,500 26,100 0 87,000 0
GAS TAX 0 0 0 0 0 199,730 0
INTEREST 206,000 195,699 216,300 190,000 0 0 0
REAL PROPERTY TRANSFER TAX 76,900 91,745 80,700 80,700 0 0 0 SALES TAX 8,500 8,346 8,900 8,400 0 0 0
FEDERAL, STATE, OR LOCAL GRANTS 0 0 0 0 0 0 180,171
FINES 6,600 2,219 6,900 2,100 0 0 0
TOTAL REVENUE 4,718,200 4,929,456 4,949,100 4,895,807 0 455,080 180,171 FY 2024-2025 FY 2025-2026 FY 2025-2026 Projects

Page 1 of 10 ends

Page 166 of 183 ends

REVENUES

PROPERTY TAX
01-202 Secured 2,735,300 2,766,966 2,872,100 2,867,072 0 0 0 01-204 Unsecured 110,300 139,705 115,800 112,320 0 0 0
01-210 Homeowners Exemption 6,300 3,576 6,600 5,200 0 0 0 01-214 SB 813 Supplemental 45,200 48,876 47,500 47,840 0 0 0 03-316 Law Enforcement Tax (See Notes Below) 93,500 164,775 98,200 191,400 0 0 0 40-366 Secured 0 1,834 0 0 0 0 0
40-368 Unsecured 0 167 0 0 0 0 0
40-370 Homeowners Exemption 0 4 0 0 0 0 0
40-378 Homeowner Exempt/SB813 0 20 0 0 0 0 0
50-402 Assessment 0 0 0 0 0 0 0
TOTAL PROPERTY TAX 2,990,600 3,125,923 3,140,200 3,223,832 0 0 0

SALES TAX
01-296 Sales and UseTax 8,500 8,346 8,900 8,400 0 0 0
TOTAL SALES TAX 8,500 8,346 8,900 8,400 0 0 0

FEDERAL, STATE, OR LOCAL GRANTS
01-298 Federal, State, or Local Grants 0 0 0 0 0 180,171 FEDERAL, STATE, OR LOCAL GRANTS 0 0 0 0 0 0 180,171

GAS TAX
12-328 Gas Tax 0 0 0 0 0 105,750 0
12-333 Gas Tax (SB-1) 0 0 0 0 0 93,980 0
TOTAL GAS TAX 0 0 0 0 0 199,730 0

Page 2 of 10 ends

Page 167 of 183 ends

REVENUES

FRANCHISE TAX
01-262 Gas 27,000 25,247 28,400 25,247 0 0 0
01-263 Electricity 47,000 44,410 49,400 44,410 0 0 0
01-264 Water 51,000 0 53,600 51,000 0 0 0
01-265 Franchise - Street Sweep 11,000 0 11,600 0 0 0 0 01-266 Refuse 167,000 176,084 175,400 176,084 0 0 0
01-267 Recycle HHW & JPA fees 52,000 17,334 54,600 17,334 0 0 0 01-269 Franchise Fee - Vehicle Impact 44,000 51,850 46,200 0 0 51,850 0 01-268 Cable TV 77,000 73,083 80,900 70,000 0 0 0
TOTAL FRANCHISE TAX 476,000 388,008 500,100 384,075 0 51,850 0

REAL PROPERTY TRANSFER TAX
01-222 Real Prop Transfer Tax 76,900 91,745 80,700 80,700 0 0 0 01-225 SB 2 Real Estate Transactions 0 0 0 0 0 0 0
TOTAL REAL PROP. TAX 76,900 91,745 80,700 80,700 0 0 0

LICENSE AND PERMIT FEES
01-231 SB1186 Fees 700 597 700 700 0 0 0
01-232 Business License 13,900 18,030 14,600 14,600 0 0 0 01-234 ConstructionTax 21,500 21,877 22,600 22,600 0 0 0 01-235 SMIP 4,400 3,229 4,600 4,600 0 0 0
01-236 Construction Permits 605,300 634,303 635,600 635,600 0 0 0 01-237 Grading Permits 26,700 14,142 28,000 28,000 0 0 0 01-238 SB1473 (BSASRF) 1,000 2,767 1,100 1,100 0 0 0
01-240 Subdivision Fee 10,300 9,923 10,800 10,800 0 0 0 01-241 Site Development\Use\Variance\ 23,600 41,057 24,800 30,000 0 0 0 01-242 Zoning Fees 0 0 0 0 0 0 0
01-243 Planning Miscellaneous 2,100 1,153 2,200 2,200 0 0 0 01-244 Encroachments 41,000 124,109 43,100 75,000 0 0 0 01-245 Community Planning Fee 56,400 37,248 59,200 37,000 0 0 0 . TOTAL LICENSE & PERMITS 806,900 908,435 847,300 862,200 0 0 0

Page 3 of 10 ends

Page 168 of 183 ends

REVENUES
FINES
01-293 Alarm Soundings 600 667 600 600 0 0 0
05-322 Traffic Safety (Bails & Fines) 6,000 1,552 6,300 1,500 0 0 0 TOTAL FINES 6,600 2,219 6,900 2,100 0 0 0

INVESTMENT INCOME
01-282 Interest - General (See Notes Below) 200,000 189,711 210,000 190,000 0 0 0 12-332 Gas Tax Interest 6,000 5,988 6,300 0 0 0 0
. TOTAL INTEREST 206,000 195,699 216,300 190,000 0 0 0
.

INTERGOVERNMENTAL
01-287 AB939 (recycle incentive) 1,200 316 1,300 1,300 0 0 0 01-288 Abandoned Vehicle Abatement 1,400 98 1,500 100 0 0 0 01-300 Motor vehicle (state) 5,800 7,531 6,100 7,000 0 0 0 01-305 Miscellaneous 300 0 300 0 0 0 0
03-318 COPS grant revenue 100,000 100,000 100,000 100,000 0 0 0 05-323 Miscellaneous (Measure B &VRF) See
Notes Below 10,000 0 10,000 10,000 0 116,500 0
TOTAL INTERGOVERNMENTAL 118,700 107,945 119,200 118,400 0 116,500 0

OTHER REVENUE
01-246 Road Impact fees 0 87,736 0 0 0 87,000 0
01-290 BCJPIA/State fund Ins. rebate 0 0 0 0 0 0 0
01-291 Microfilm Fee 8,000 4,997 8,400 5,000 0 0 0
01-292 Miscellaneous 0 0 0 0 0 0 0
01-294 Reimb. Publication 0 0 0 0 0 0 0
01-295 Election Candidate Fees 0 0 0 0 0 0 0
01-297 Community Center Capital Campaign 0 0 0 0 0 0 0
25-352 Storm drain dev fees 15,000 8,403 15,800 15,800 0 0 0 25-354 Storm Drain maintenance/Administration 5,000 0 5,300 5,300 0 0 0 General Fund Transfer for CIP 0 0 0 0 0 0 0
Beginning Equity Balance 0 0 0 0 0 0 0
TOTAL OTHER REVENUE 28,000 101,136 29,500 26,100 0 87,000 0

Page 4 of 10 ends

Page 169 of 183 ends

EXPENDITURES
PERSONNEL 1,916,373 1,699,983 1,977,158 1,943,578 58,112 0 0 LAW ENFORCEMENT 1,235,514 1,235,514 1,269,600 1,618,819 0 0 0 CONSTRUCTION 20,000 0 20,000 20,000 0 0 0
GENERAL GOVERNMENT 528,432 770,901 445,200 555,089 0 0 0 MAINTENANCE 222,500 44,391 222,500 97,500 0 455,080 0
ADMINISTRATION 602,700 529,256 607,200 585,800 0 0 0
CITY ATTORNEY 100,000 210,583 103,000 187,000 0 0 0
BUILDING MAINTENANCE 24,000 50,059 24,000 29,000 0 0 0
EQUIPMENT AND IMPROVEMENT 60,000 65,850 61,700 66,700 0 0 0 BUILDING AND IMPROVEMENT 0 12,347 0 0 0 0 125,000
CITY AUDIT 52,900 36,541 54,600 34,900 0 0 0
ENGINEERING 15,000 15,920 15,000 15,000 0 0 0
SPECIAL DISTRICTS 2,800 2,904 3,150 3,150 0 0 0
TOTAL EXPENDITURES 4,780,219 4,674,249 4,803,108 5,156,536 58,112 455,080 125,000 NET SURPLUS / (DEFICIT) 255,207 145,992 (260,729) (58,112) 0 55,171

Page 5 of 10 ends

Page 170 of 183 ends

EXPENDITURES

GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol 9,200 2,178 9,500 9,500 0 0 0 01-506 Youth Commission Programs 3,000 0 3,100 3,100 0 0 0 01-507 Community Interface 15,000 10,697 15,500 15,500 0 0 0 01-515 Council Memberships 2,000 0 2,100 2,100 0 0 0
01-520 Elections 15,000 0 0 0 0 0 0
01-521 Municipal Code Revision 0 0 0 0 0 0 0
01-522 Environmental Services 28,200 16,794 29,000 17,500 0 0 0 01-523 GIS Mapping 5,000 0 15,000 15,000 0 0 0
01-531 Disbursement SMIP 4,400 2,434 4,600 4,600 0 0 0
01-532 SB1473 (BSASRF) 1,000 712 1,100 1,100 0 0 0
01-533 Disbruse SB1186 Fees 0 1,047 0 700 0 0 0
01-535 Professional Services 100,000 243,642 100,000 100,000 0 0 0 01-540 Insurance & Bonding 149,432 162,871 153,900 166,189 0 0 0 01-545 Code Enforcement 0 0 0 0 0 0 0
01-550 Community Based Organizations 25,000 25,000 25,800 25,000 0 0 0 01-555 Emergency Services 2,500 0 2,600 15,000 0 0 0
01-560 Annexation 0 0 0 0 0 0 0
01-565 Legal Ads/Notices/Recording fees 7,100 7,550 7,300 7,300 0 0 0 01-570N General Plan Revise (New 2025) 87,500 87,500 0 87,500 0 0 0 01-571 Hazardous Tree Removal Rebate 20,000 0 20,600 20,000 0 0 0 01-572 Support Low Income & Homeless Housing 20,000 0 20,000 20,000 0 0 0 01-575 Misc/Refunds 0 167,107 0 0 0 0 0
01-576 Sales Tax 0 0 0 0 0 0 0
01-585 Animal Control 34,100 43,369 35,100 45,000 0 0 0 TOTAL GENERAL GOVERNMENT 528,432 770,901 445,200 555,089 0 0 0

Page 6 of 10 ends

Page 171 of 183 ends

EXPENDITURES

PERSONNEL
01-605 Regular Full Time 1,323,031 1,147,207 1,367,313 1,342,368 0 0 0 01-615 Part Time 56,392 0 58,647 30,240 0 0 0
01-620 Long Term Disablity Ins 0 0 0 0 0 0 0
01-625 Retirement Employer 117,222 144,603 120,902 115,000 0 0 0 01-625 Retirement Employer (Unfunded Accrued L 0 0 0 0 58,112 0 0 01-627 Retirement Employee 15,120 5,273 16,740 0 0 0 0
01-630 Health Insurance 205,253 265,739 210,329 207,821 0 0 0 01-635 Dental Insurance 0 7,519 0 0 0 0 0
01-636 Vision Care 0 1,495 0 0 0 0 0
01-642 Workers Comp. Insurance 17,808 28,878 18,120 19,980 0 0 0 01-645 Social Security 85,525 63,457 88,410 84,274 0 0 0 01-647 Medicare 20,002 19,101 20,677 76,000 0 0 0
01-650 Unemployment 420 480 420 695 0 0 0
01-660 Deferred Compensation 0 16,231 0 0 0 0 0
01-665 Benefits Allowance 75,600 0 75,600 67,200 0 0 0
TOTAL PERSONNEL 1,916,373 1,699,983 1,977,158 1,943,578 58,112 0 0

ADMINISTRATION
01-705 Office Utilities 16,700 16,735 17,200 17,200 0 0 0 01-710 Office Supplies 17,000 7,767 17,500 10,000 0 0 0 01-711 Postage 7,000 1,787 7,200 3,000 0 0 0
01-715 Office Equip Maintenance 16,300 36,765 16,800 25,000 0 0 0 01-718 Bank Fee Finance Charge 0 0 0 0 0 0 0
01-720 Communications 21,700 39,320 22,400 50,000 0 0 0 01-725 Reproduction/Printing 10,500 6,955 10,800 10,800 0 0 0 01-740 Mtgs/Trvl/Mileage reimb. 29,000 46,683 29,900 29,900 0 0 0 01-745 Publications/Memberships 31,000 22,482 31,900 31,900 0 0 0 01-755 Professional Services 0 0 0 0 0 0 0
01-765 Contract Services 440,000 345,343 440,000 400,000 0 0 0 01-770 Training 10,500 4,592 10,500 7,500 0 0 0
01-775 Miscellaneous 500 827 500 500 0 0 0
01-885 Horticultural/Arborist Services 0 0 0 0 0 0 0
01-999 City Mangers Revolving Account 2,500 0 2,500 0 0 0 0 TOTAL ADMINISTRATION 602,700 529,256 607,200 585,800 0 0 0

Page 7 of 10 ends

Page 172 of 183 ends

EXPENDITURES

EQUIPMENT/IMPROVEMENTS
01-805 Office 0 0 0 5,000 0 0 0
01-810 Field 5,000 2,994 5,000 5,000 0 0 0
01-811 Computer, Hard/Software 55,000 62,856 56,700 56,700 0 0 0 TOTAL EQUIPMENT / IMPROVEMENTS 60,000 65,850 61,700 66,700 0 0 0

BUILDING/IMPROVEMENTS
01-814 Building Acquisition 0 0 0 0 0 0 0
01-815 Building Improvements 0 12,347 0 0 0 0 0
01-815 Building Improvements 0 0 0 0 0 0 125,000
01-816 Building Improvement City Hall 0 0 0 0 0 0 0
TOTAL EQUIPMENT / IMPROVEMENTS 0 12,347 0 0 0 0 125,000

LAW ENFORCEMENT
03-545 Police Services 1,135,514 1,135,514 1,169,600 1,458,319 0 0 0 01-546 Booking & CAL-ID 0 0 0 0 0 0 0
03-548 Disburse COPS grant funds 100,000 100,000 100,000 28,150 0 0 0 Flock - Initial Set Up 0 0 0 71,850 0 0 0
Flock - Annual Service 0 0 0 60,500 0 0 0
TOTAL LAW ENFORCEMENT 1,235,514 1,235,514 1,269,600 1,618,819 0 0 0

BUILDING MAINTENANCE
01-860 Building & Ground Maint 24,000 50,059 24,000 24,000 0 0 0 01-920 Building & Ground Const 0 0 0 5,000 0 0 0
TOTAL BUILDING MAINTENANCE 24,000 50,059 24,000 29,000 0 0 0

Page 8 of 10 ends

Page 173 of 183 ends

EXPENDITURES

MAINTENANCE
01-845 Pavement Management Program 35,000 137 35,000 0 0 455,080 0 12-850 Street Maintenance 40,000 0 40,000 20,000 0 0 0
12-865 Street Sweeping 15,000 0 15,000 10,000 0 0 0
05-845 Street Maintenance 4,000 0 4,000 4,000 0 0 0
05-850 Storm Drain Maintenance 50,000 0 50,000 20,000 0 0 0 05-870 Traffic Safety (signs & markings) 40,000 42,238 40,000 20,000 0 0 0 05-880 Traffic Safety (emergency calls&repairs) 5,000 0 5,000 5,000 0 0 0 05-890 Traffic Safety ( street lighting) 3,500 2,016 3,500 3,500 0 0 0 25-850 Storm Drain Maintenance 30,000 0 30,000 15,000 0 0 0 TOTAL MAINTENANCE 222,500 44,391 222,500 97,500 0 455,080 0

CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19) 0 0 0 0 0 0 0
01-915 Neighborhood St. Improve Project 0 0 0 0 0 0 0
05-87x Daves Ave Winchester Equestrian 0 0 0 0 0 0 0
05-905 Traffic Safety Project 5,000 0 5,000 5,000 0 0 0 05-925 Traffic Safety Misc Bike/Ped Improv 15,000 0 15,000 15,000 0 0 0 12-915 Gas Tax Road Project 0 0 0 0 0 0 0
25-910 Storm Drain Project 0 0 0 0 0 0 0
TOTAL CONSTRUCTION 20,000 0 20,000 20,000 0 0 0

ENGINEERING
Mapping and Records System 0 0 0 0 0 0 0
12-875 Congestion Management 0 0 0 0 0 0 0
25-805 WV Clean Water Administration 15,000 15,920 15,000 15,000 0 0 0 TOTAL ENGINEERING 15,000 15,920 15,000 15,000 0 0 0

SPECIAL DISTRICTS
40-935 Loma Serena Lighting 2,200 2,353 2,500 2,500 0 0 0 50-945 Rose/Andrews Lighting 600 551 650 650 0 0 0
TOTAL SPECIAL DISTRICTS 2,800 2,904 3,150 3,150 0 0 0

Page 9 of 10 ends

Page 174 of 183 ends

EXPENDITURES

CITY ATTORNEY
01-425 Retainer 100,000 131,205 103,000 107,000 0 0 0
01-427 Litigation 0 79,378 0 80,000 0 0 0
01-430 City Attorney litigation 0 0 0 0 0 0 0
01-435 Mtg, Trv, Prot. 0 0 0 0 0 0 0
TOTAL CITY ATTORNEY 100,000 210,583 103,000 187,000 0 0 0

CITY AUDIT
01-470 Audit 45,400 24,080 46,800 32,300 0 0 0
12-472 Gas Tax Audit 2,500 3,213 2,600 2,600 0 0 0
01-480 Misc/Bank charges 5,000 9,248 5,200 0 0 0 0
TOTAL CITY AUDIT 52,900 36,541 54,600 34,900 0 0 0

Page 10 of 10 ends

Page 175 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 1 of 8 ends

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

Page 176 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 2 of 8 ends

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

Page 177 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 3 of 8 ends

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

Page 178 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 4 of 8 ends

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
Measure B Bicycle/Pedestrian Education and Encouragement Program Funding Amended and Restated Agreement with the Santa Clara Valley Transportation Authority
DP N Consent Calendar
Authorize the Interim City Manager to Execute the First Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program.

DP N Consent Calendar
Award of contract to Radius Earthwork, Inc. for the Fiscal Year 2024-25 DP N Consent Calendar

Page 179 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 5 of 8 ends

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Pavement Improvement Project in Total Amount Not to Exceed $398,507 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
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 Nuisance and Set Public Hearing (SCCF)
GGL N Consent Calendar
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

Page 180 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 6 of 8 ends

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
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
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

Page 181 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 7 of 8 ends

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
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
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

Page 182 of 183 ends

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: May 1, 2025

Page 8 of 8 ends

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Committee/Commission Assignments for CY2026 DP N New Business

Page 183 of 183 ends

Monte Sereno City CouncilMay 6, 2025

Monte Sereno City Council
May 6, 2025