AGENDA
City of Monte Sereno
Tuesday, March 1, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
How to Participate
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You will be prompted to install the webinar client appropriate for your device. Attendees are encouraged to install the needed software in advance at the following locations depending on the device being used. If you are unable to participate in real-time, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Verbal Communications - Non Agenda Item." Comments received by email will be read into the record, with a maximum allowance of three (3) minutes per individual comment, subject to the Mayor's discretion.
All comments should be a maximum of 350 words, which corresponds to approximately three (3) minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
1. Recognition of 2021 STEM Winners
2. Proclamation for American Red Cross Month
Red Cross Month Proclamation
4 3. San Jose Water Company Presentation
Monte Sereno - Mandatory Conservation Plan March 2022
5 - 17
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Approve the Minutes of the February 15, 2022 Regular City Council Meeting
Staff recommends approval of the minutes of the February 15, 2022 Regular City Council Meeting.
Staff Report - SR-22-038 - Pdf
18 - 22
2. Approve Warrant List Dated March 1, 2022 in the Amount of $157,514.01
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-22-039 - Pdf
23 - 24
3. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Staff Report - SR-22-037 - Pdf
25 - 28
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
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.
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
AMERICAN RED CROSS MONTH 2022
A Proclamation
More than 140 years ago, the American Red Cross was established as a humanitarian organization, guided by seven fundamental principles—including humanity, impartiality and independence—to provide services to those in need regardless of race, religion, gender, sexual orientation or citizenship status. Today, the American Red Cross is one of the largest humanitarian organizations in the world, and delivers its mission every day to prevent and alleviate human suffering in the face of emergencies.
Every year, the American Red Cross responds to an average of more than 64,000 disasters across the country, from small home fires to local wildfires to devastating massive disasters. Hundreds of thousands American Red Cross volunteers provide around-the-clock shelter for disaster victims, serve millions of meals and snacks with partners, and distribute millions of relief items.
During the trying times of the coronavirus pandemic, the Red Cross continues to work closely with public health officials to deliver our services safely and coordinate our efforts with government agencies and partners. We are committed to helping others in meaningful ways during this pandemic.
In Santa Clara County, the Red Cross has a long history of helping our neighbors in need. In the last year, over 2000 local volunteers assisted with disasters and helped save lives through our Home Fire Campaign. The Red Cross stands ready to continue our mission – to shelter, feed and provide emotional support to victims of disasters; supply 40% of the nation's blood; teach skills that prepare us and save lives; offer international humanitarian aid; and support military members and their families.
The Red Cross relies on our workforce - 90% of which are volunteers—to help millions of people. In addition, thanks to many generous donors, 90 cents of every dollar we spend is invested in providing humanitarian services to those in need.
March is Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster and applaud those who assist their neighbors when they need a helping hand.
We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on volunteers and the generosity of the public to perform its mission.
NOW, THEREFORE, I, Javed I. Ellahie, Mayor of Monte Sereno, by virtue of the authority vested in me by the Constitution and laws of Monte Sereno and California, do hereby proclaim March 2022 as Red Cross Month. I encourage all Americans to support this organization and its noble humanitarian mission.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of March, in the year two thousand twenty-two, and of the Monte Sereno, California.
______________________________________
Javed I. Ellahie, Mayor
Mandatory Conservation Plan
Presentation to the City of Monte Sereno
John Tang
Vice President of Regulatory Affairs
and Government Relations
March 1, 2022 1
Drought Update
2
Timeline
• Valley Water declares mandatory
conservation – June 9
• Rule 14.1 activation – August 5
• Schedule 14.1 activation –
November 15
• SJW implementation –
December 13
3
New Plan for a New Normal
Three major components:
● Water use allocations based on a
customer’s individual 2019 usage
● A set of minimum allocations
to recognize the efforts of our
low water-using customers
● Drought surcharges for exceeding
allocations
4 Support For
Low Users
Use >
Allocations
= Drought
Surcharges
2019 Base Year
(Based on YOUR
Usage)
Allocations
• 15% reduction in usage from customer’s 2019 levels
• Customers will have bi-monthly allocations printed on their bills 5 1CCF = 748 GALLONS
2 gallons
per minute
1.6 gallons
per flush
6 gallons
per cycle
Allocations
6 Protecting low water users
– no drought surcharges if
usage is below minimum
allocation.
Allocations
7 Calculating customerspecific allocations
based on
Average Daily Usage.
https://www.sjwater.com/customer-care/mandatory-conservation-plan-faqs
Drought Surcharges
8 Usage above the
allocation is charged
at Tier 3 rate –
currently $7.13
Customers who exceed their allocations will incur drought surcharges in addition to the charges at the regular rates of water consumed.
CUSTOMER A
• Has an allocation of 20 CCF of water
for a two-month billing period.
• Uses 17 CCF of water during that
time.
• No drought surcharges are applied
to this bill because Customer A used
less than the allocation.
Drought Surcharges
9 Customers who exceed their allocations will incur drought surcharges in addition to the charges at the regular rates of water consumed.
Usage above the
allocation is charged
at Tier 3 rate –
currently $7.13
CUSTOMER B
• Has an allocation of 30 CCF of water for a
two-month billing period.
• Uses 40 CCF of water during that time.
• Exceeds the allocation by 10 CCF (40-30).
• In addition to paying for the 40 CCF of
water, the customer is charged a drought
surcharge of $71.30 (Tier 3 rate x units over
the allocation = 7.13 x 10 CCF of water).
Appeals Process
10 • Available for customers who
experienced a change in their
situation since 2019
• Common reasons for appeals
– # of people in the home
– Health issues
Informing and Engaging Our Customers
11 • Brochure (Spanish & English) explaining plan details mailed to all residential customers November 2021
• Media coverage of plan
• Social media posts
• Letter with customer allocations mailed January 2021
• Dedicated website page – www.sjwater.com/drought
Plan details
FAQs
Resources
Conservation Results
12 Valley Water
Questions?
13
STAFF REPORT
Meeting: City Council - Mar 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Approve the Minutes of the February 15, 2022 Regular City Council Meeting
Recommendation(s):
Staff recommends approval of the minutes of the February 15, 2022 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:
2-15-22 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
February 15, 2022
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.
ROLL CALL
Present: Councilmember Lawler, Councilmember Turner, Councilmember Leuthold, Mayor Pro Tempore Mekechuk, and Mayor Ellahie
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, City Engineer Kahn, Deputy City Clerk Gonzalez-Langarica, and City Clerk Radcliffe
PLEDGE OF ALLEGIANCE
Councilmember Turner conducted the Pledge of the Allegiance.
ORDERS OF THE DAY
There were no changes.
PRESENTATIONS
Mayor Ellahie presented the Black History Month Proclamation
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the February 1, 2022, Regular Meeting Minutes
2. Approve the Warrant List Dated February 15, 2022, in the Amount of $148,044.48
3. Accept the Significant Full Year to Date Variances to Budget Narrative for December 2021
4. Accept Revenues and Expenditures Report for the Month of December 2021
5. Accept the LAIF Investment Report for December 2021
MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar. Seconded by Councilmember Lawler.
VOTE: Motion passed unanimously. (5-0-0)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Consideration of Four (4) Applications and Appointment to Fill Three (3) Vacancies on the Monte Sereno Better Streets Commission
Motion by Mayor Pro Tempore Mekechuk to appoint Mr. Barry Chaffin, Ms. Shalini Saxena, and Mr.
Bob Lapcevic failed with a lack of a second.
MOTION: Motion by Councilmember Leuthold to appoint Mr. Barry Chaffin and Ms. Shalini Saxena to the Better Streets Commission for a two-year term expiring December 31, 2023. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (5-0-0)
MOTION: Motion by Mayor Pro Tempore Mekechuk to appoint Mr. Lapcevic to the Better Streets Commission for a two-year term expiring December 31, 2023. Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (5-0-0)
2. Discussion to Consider Island Annexations in Unincorporated Santa Clara County Known as Urban Islands MS01, MS02, MS03, and MS04
Extensive discussion was held on the island annexation in unincorporated Santa Clara County. This agenda item will return to the City Council at a future meeting for further discussion and consideration.
3. Discussion and Consideration of a City of Monte Sereno Community Grants Deadline, Selection Dates, and Budget Amount
MOTION: Motion by Councilmember Lawler to approve the Monte Sereno Community Grants deadline, selection dates, and budgeted amount as recommended by staff.
Seconded by Mayor Pro Tempore Mekechuk.
VOTE: Motion passed unanimously. (5-0-0)
4. Discuss Hosting a City Picnic and Consider a Budget for the City Picnic MOTION: Motion by Councilmember Turner to approve hosting a City Picnic and allocating $15,000 for the event. Seconded by Mayor Pro Tempore Mekechuk.
VOTE: Motion passed unanimously. (5-0-0)
COMMITTEE/COMMISSION REPORTS
Mayor Pro Tempore Mekechuk reported that he attended the West Valley Clean Water and West Valley Solid Waste Authority meetings. He stated that he is the Chair for both Joint Power Authorities and that Councilmember Bedame of Los Gatos is the Vice Chair. Mayor Pro Tempore Mekechuk also reported that the Solid Waste Authority is going through the Request for Proposals (RFP) process for hauling services and that there were no new updates regarding the San Jose Water Company Rate Increase appeal.
Councilmember Leuthold announced that the Santa Clara Council Library system has an e-book program that includes over 1,300 books from black authors.
Mayor Ellahie stated he attended the Cities Association meeting and reported that there is an Assembly Bill, AB1944, that is being considered that removes the requirement of posting an elected officials’ location when attending a meeting via teleconference. He also reported that there is consideration of a resolution to consider restructuring the Valley Transportation Agency (VTA) Board. Silicon Valley Clean Energy is giving away a $20,000 scholarship for a youth short-film competition.
COUNCILMEMBER COMMENTS
This was included in the Committee/Commission Reports section.
CITY MANAGER’S REPORT
City Manager Leonardis announced there are two meetings scheduled: February 24 at 6:00 p.m. is the Joint City Council and Site and Architectural Commission Special meeting to discuss the City’s Housing Element; and March 22 at 7pm to discuss the Council’s Annual Strategic Goals.
FUTURE AGENDA ITEMS
There are no Future Agenda Items discussed.
ADJOURN
The meeting adjourned at approximately 8:42 p.m.
__________________________
Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: City Council - Mar 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated March 1, 2022 in the Amount of $157,514.01 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
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:
Warrants List Dated 3-1-22
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
March 1, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19683 Wells Fargo Bank
Cal Cities Resistration ($625), International Institute of City Clerks ($115), Office Supplies ($1741), Building
maintenance supplies ($1057), Software ($44)
4,089.46
01-710 01-720
01-745 01-811
01-860
19684 Anago Franchising, Inc Janitorial services plus supplies 368.96 01-860 19685 Bartell Associates, LLC OPEB Valuation ($7000) and GASBS 75 Report ($1600) both for FY 2020-21 Audit 8,600.00 01-470
19686 Burke,Williams &
Sorensen, LLP
City Attorney Services ($6.7k), Shekar case ($7.6k),
Padgett case ($1.1k), and Greenlane case ($270) 15,644.54 01-425 01-427 19687 CSG Consultants, Inc
Code Enforcement services for Dec 21 and Jan 22
($15.2k) and Building Inspection services for Dec 21
and Jan 22 ($8.3k)
23,488.75 01-545 01-765
19688 First Choice Coffee
Services Coffee and drinking water service for City Hall 154.47 01-710 19689 HOWARD ROME MARTIN
& RIDLEY LL Legal services for Padgett case 663.00 01-427 19690 Liebert Cassidy Whitmore Legal services for CalPERS response 156.00 01-427 19691 Municipal Resource Group,
LLC City Manager evaluation project 5,052.50 01-770
19692 Pacific Gas & Electric Electricity for Annex Building and Loma Serena Lighting District. 194.24 01-705 40-935
19693 RICOH USA, INC. Office copier rental 480.23 01-715 19694 Ruggeri-Jensen-Azar Bruce Avenue & Vista Avenue Pavement Rehabilitation & Drainage Improvement project. 1,694.40 05-870
19695 San Jose Water City water services 11/30/2021 to 02/01/2022 330.15 01-705 19696 Town of Los Gatos
Finance Depa Law enforcement police services 80,590.41 03-545 19697 Alana Consulting, LLC
Plan Check Consultant services (01-31-2022 to
02/27/2022) ($7.4k) and E-Permit Planning Project for
Planning Department ($7.5k)
14,891.50 01-765
19698 Burke,Williams &
Sorensen, LLP General litigation matters 1,115.40 01-427 Total Warrant List - March 1, 2022 $157,514.01
I, REYNOLD SAMORANOS, FINANCIAL AND ADMINISTRATION OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
STAFF REPORT
Meeting: City Council - Mar 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Radcliffe, City Clerk
Department: City Clerk
Title: Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) Recommendation(s):
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Background Information:
AB 361 was signed by the Governor of the State of California and went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expires September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment, however, the City of Monte Sereno’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing.
Determinations by the local agency that the emergency impacts the ability to meet safely inperson must be re-visited every 30 days.
At its September 21, 2021 meeting, the City Council adopted Resolution No. 21-3826 authorizing virtual City Council meetings during declared stated of emergency pursuant to Government Code. The City Council determined that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings. At present, risk of COVID-19 due the delta and omicron variant remains high; the CDC reports that for the period between the period between February 22, 2022 and February 15, 2022 that Santa Clara County had “substantial” community transmission, with 4,154 cases, 290 new hospital admissions, and 45 deaths. As a result, staff believes that the City
Council can re-adopt its previous findings, and authorize continued virtual meetings for the next 30 days.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda, and this report appear on the City’s website.
Attachments:
Draft Resolution
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361) WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and
WHEREAS AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020 related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, the CDC reports that for the period between February 22, 2022 and February 15, 2022 that Santa Clara County had “substantial” community transmission, with 4,154 cases, 290 new hospital admissions, and 45 deaths; WHEREAS, the County of Santa Clara Health Officer ordered on August 2, 2021, that face coverings be used in all indoor settings, including all governmental meetings, and recommended that governmental entities move operations and activities outdoors where possible as a result of the continued transmission of the Delta and Omicron Variant of COVID-19;
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions
meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that:
1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings.
2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.
3. The Legislative Bodies, and City staff, are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
REGULARLY passed and adopted this 1st day of March, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Javed I. Ellahie, Mayor
ATTEST:
Michelle Estabillo, City Clerk