AGENDA
City of Monte Sereno
Thursday, July 21, 2022
Special Meeting of the City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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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
PLEDGE OF ALLEGIANCE
ROLL CALL
CALL TO ORDER
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 Warrant List Dated July 21, 2022 in the amount $397,444.90 Staff recommends the City Council approve the Warrant List.
Staff Report - SR-22-166 - Pdf
4 - 7
2. 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-22-156 - Pdf
8 - 11
3. Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2022-2023
Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2022-2023.
Staff Report - SR-22-158 - Pdf
12 - 21
NEW BUSINESS
1. Consider Reducing Building Permit and Plan Check Fees for Accessory Dwelling Units or SB-9 Dwelling Unit When the Property Owner has Formally Notified the City of their Intention to Construct for the Next RHNA Cycle
Staff recommends the City Council adopt the draft resolution to approve a 50% reduction of plan check and building permit fees for new Accessory Dwelling Units (ADUs) and SB-9 additional dwelling units for a maximum of 225 properties where the property owner has formally notified the City in writing of their intention to construct such project by December 15, 2022, and submitted a complete building permit application by July 1, 2029, so that such building permits will be issued during the current RHNA cycle ending December 31, 2029.
Staff Report - SR-22-164 - Pdf
22 - 32
Public Comment Received as of 7.20.22
2. Update from the Housing Element Update Ad Hoc Committee Regarding Outreach and Incentives for Creating Accessory Dwelling Units
Staff recommends that the City Council discuss the Housing Element Update Ad Hoc Committee report and provide any direction to staff.
Staff Report - SR-22-165 - Pdf
Public Comment Received as of 07.20.22
Public Comment Received as of 07.21.2022
33 - 42
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: Special Meeting of the City Council - Jul 21 2022 Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated July 21, 2022 in the amount $397,444.90 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Fiscal Impact:
There are no unbudgeted fiscal impact with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
Warrants List Dated 07-21-2022
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
July 21, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19854 Alana Consulting, LLC Plan check services (03/26/2022 through 06/24/2022) 47,818.31 01-765
19855 Association of Bay Area
Government Gas utilities for City Hall June 2022 180.00 01-705 19856 Alamo Landscaping &
Maintenance
Landscape maintenance at City Hall
January through June 2022 3,300.00 01-860
19857 Anago Franchising, Inc Janitorial servicers July 2022 408.03 01-860 19858 ArchiveSocial Social media archiving annual
subscription 2,988.00 01-811
19859 Bay Area News Group Public notice in newspaper - Notice of Election 348.15 01-565
19860 Bay Cities Joint Power
Insurance
FY 2022-23 Insurance premium for
General Liability, Property and Crime
Program.
93,646.00 01-540
19861 BMI Imaging Systems Web hosting permit archiving (May and June 2022) 450.00 01-715
19862 Burke,Williams &
Sorensen, LLP
City Attorney services ($6.7k), Shekar
($1.3k), Padgett ($0.6k), General
litigation ($1.3k) in June 2022
9,930.16 01-425
01-427
19863 Cities Assn of Santa
Clara County
Cities Association of Santa Clara County
2022-23 Membership dues 6,523.00 01-745
19864 City Clerks Association
of California
FY 2022-23 membership dues for City
Clerk 200.00 01-745
19865 CIVICPLUS Annual license fee for SeeClickFix 10,500.00 01-720 19866 COMCAST Internet services 106.67 01-720
19867 CSG Consultants, Inc
Building inspector ($7.6k), Code
Enforcement services ($8.1k) both for
June. Code Enforecement ($8.6k) for
May 2022.
24,295.00 01-545
01-765
19868 Delta Dental of
California Dental premium July 2022 469.96 01-635
19869 Diana Perkins Reimburse for copies of maps and
California APA conference registration. 281.93 01-710 01-740 19870 Dicar Networks, Inc. Monthly Total Care IT support ($1.3k) and software license renewal ($1.0k) 2,331.00 01-535 01-811 19871 Diligent Ccorporation
Board Manager Package ($1.1k), VMHD
for iCompass ($4.2k) and Meeting
Manager Pro Package ($5.8k) annual
licensing fees.
11,025.00 01-505
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
July 21, 2022
19872 EMC Planning Group,
Inc. Housing Element Project 20,266.56 01-535
19873 EOS Integration Datto Cloud Continuity PC backup
services 290.00 01-811
19874 First Choice Coffee
Services
Coffee and premium drinking water
services 102.82 01-710
19875 Frontier
Communications Landlines for City Hall 105.37 01-720
19876 GKW Architects, Inc.
Mechanical/Electrical/Plumbing
Engineering update for ADA Annex
building project.
4,620.00 01-920
19877 Hillview Design Print
Media Business cards for Staff 273.26 01-725
19878 KTUA Consulting services for Monte Sereno
Bicycle Pedestrian Master Plan project. 998.12 05-905
19879 Local Agency Formation
Commiss
Local Agency Formation Commission
Share of Costs FY 2022-23. 192.69 01-745
19880 Los Gatos Chamber of
Commerce
2022 Chamber Annual Awards
Luncheon for Council Member 50.00 01-505
19881 Oak and Willow
Construction Community Center design spec book 15,940.00 01-920 19882 Pacific Gas & Electric
Electric utilities for City Hall, Rose
Andrews and Loma Serena lighting
districts.
743.43
01-705
50-945
40-935
19883 RICOH USA, INC. Office copier rental 480.23 01-715 19884 Ridley Master Padgett case legal services 4,378.90 01-427 19885 Rowena Turner Reimburse for 2022 Annual Conference and Expo ($600) and Lodging ($555). 1,155.44 01-505
19886 Silicon Valley Animal
Control
Quarterly payment for Animal Control
Services 7,975.75 01-585
19887 State Compensation Ins
Fund Workers' Comp premium 760.48 01-642
19888 Sweeping Corp of
America Residential street sweeping services 1,832.80 01-845 19889 Town of Los Gatos
Finance Department Police services 80,590.41 03-545
19890 Vantagepoint Transfer
Agent-30 Funding 457 Plan - May 2022 2,916.64 01-660
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
July 21, 2022
19891 Wells Fargo Bank
Office supplies ($0.3k), Office phone
services ($0.3), City Clerk Training
($1.6k) and software license fees ($1.9k)
4,132.10
01-710
01-720
01-811
19892 Art Docents of Los
Gatos, Inc. FY 2022-23 Community Support 2,000.00 01-550 19893 AWO FY 2022-23 Community Support 1,000.00 01-550
19894 KCAT TV 15 FY 2022-23 Community Support 5,000.00 01-550 19895 Los Gatos Music & Arts,
Inc. FY 2022-23 Community Support 3,000.00 01-550
19896 Los Gatos Music in the
Park FY 2022-23 Community Support 1,000.00 01-550
19897 Sustainable Waze FY 2022-23 Community Support 3,000.00 01-550 19898 West Valley Community
Services FY 2022-23 Community Support 5,000.00 01-550
19899 American Public Works
Assoc.
Membership dues for American Public
Works Association 222.00 01-745
19900 Burke,Williams &
Sorensen, LLP Legal services for Greenwood Ln case 2,535.00 01-427 19901 CSG Consultants, Inc Building inspector services for May 2022 5,807.50 01-765 19902 Ridley Master Legal services for Padgett case 3,357.55 01-427 19903 Vantagepoint Transfer
Agent-30 Funding 457 Plan - June 2022 2,916.64 01-660
Total $397,444.90
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: Special Meeting of the City Council - Jul 21 2022 Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, 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 state 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 July 7, 2022 and July 14, 2022 that Santa Clara County had “high” community transmission with 414.19 case rate per 100,000 population, 13.7 new COVID-19 admissions per 100,000 population, and 6.6% staffed
inpatient beds in use by patients with confirmed COVID-19. Due to the ongoing state of emergency, 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 July 7, 2022 and July 14, 2022 that Santa Clara County had “high” community transmission with 414.19 case rate per 100,000 population, 13.7 new COVID-19 admissions per 100,000 population, and 6.6% staffed inpatient beds in use by patients with confirmed COVID-19; 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 21st day of July, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Javed I. Ellahie, Mayor
ATTEST:
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: Special Meeting of the City Council - Jul 21 2022 Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2022-2023
Recommendation(s):
Staff recommends that the Council adopt the resolution establishing and fixing the amount of special real property tax levy for police protection purposes for fiscal year 2022-2023.
Background Information:
The City of Monte Sereno adopted and the voters approved by more than two-thirds of votes cast at the November 8, 1983 election Ordinance No. NS-22 which levied a parcel tax for police services. Ordinance NS-22 empowered the City Council to suspend collection of all or part of the adopted and levied tax established and allowed the County of Santa Clara Tax Collector to collect one hundred fifty ($150.00) per parcel as provided by Ordinance No. NS-22 for the fiscal year commencing July 1, 2022 and ending June 30, 2023.
Attachments:
NS-22 Establishing Police Tax
Draft Resolution Police Levy Tax FY22-23
ORDINANCE NO. NS- 22
AN ORDINANCE OF THE CITY OF MONTE SERENO LEVYING
AND IMPOSING A SPECIAL REAL PROPERTY TAX FOR POLICE
PROTECTION SERVICES
The City Council of the City of Monte Sereno DOES ORDAIN as follows:
SECTION 1. PURPOSE AND INTENT.
At present the City of Monte Sereno (herein referred to as the "CITY"), provides police protection services by contract with another public agency, namely, the County of Santa Clara and the Office of the Sheriff thereof. As a result of the passage of Proposition 13 in June, 1978, the CITY is unable to increase property tax revenues to meet the anticipated annual increases in the cost of obtaining police protection services, either at the present level of service or better by contract with the County of Santa Clara, or with another public agency, as the case may be.
It is the purpose and intent of this Ordinance to impose a special real property tax pursuant to the provisions of California Government Code Section 53978 on real property, other than property owned by governmental agencies, within the CITY for the purpose of augmenting funding of police protection services in order to continue or improve the present level of service, but only to the extent necessary to balance the budget of CITY without the use of any unappro
operating and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.
SECTION 2. DEFINITIONS.
The following definition shall apply throughout this Ordinance:
(a) "Parcel of property" shall mean any contiguous unit of improved or unimproved real property held in separate ownership, including, but not limited to any single family residence, or any other unit of real property subject to the California subdivided Lands Act (Bus. and Prof. Code 11000, et seq.).
SECTION 3. SPECIAL TAX LEVY.
There is hereby levied and assessed a special real property tax by the City of Monte Sereno on each parcel of property in the City of Monte Sereno in the sum of One Hundred Fifty Dollars ($150.00) per year for each parcel of property commencing with the fiscal year 1984-85.
The tax imposed by this Section shall be a tax upon each parcel of property, and the tax shall not be measured by the value of the property.
SECTION 4. ALTERATION OF TAX BY CITY COUNCIL.
The City Council, by three (3) affirmative votes, is empowered
accordance with the purposes set ?Xth’h1thisOrdinance, or that such part of said tax is not necessary in order to balance the budget of CITY without the use of any unappropriated reserve funds of the CITY.
Having suspended all or any part of the tax imposed by this Ordinance, the City Council, by three (3) affirmative votes, is empowered to increase the amount of the tax up to the amount stated in Section 3 of this Ordinance. Under no circumstances may the amount of the tax exceed that set forth in Section 3.
SECTION 5. DISBURSEMENT OF TAX.
The revenue raised by the real property tax levied by this Ordinance shall be placed in a special fund to be used only for the purposes of obtaining, furnishing, operating and maintaining police protection equipmentor apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection expenses as are deemed necessary by the City Council of the CITY.
SECTION 6. COLLECTION AND ADMINISTRATION.
(a) Liens. The special real property tax imposed under this Ordinance together with all penalties and interest thereon shall constitute a lien on the parcel of property upon which it is levied, in accordance with Revenue and Taxation Code Section 2187 and shall have the same effect as an ad valorem real property tax lien until
and along with, and shall be subject to the same interest and penalties, as general ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY. The taxes on each parcel of property shall be billed on the secured roll tax bills and shall be collected in the same manner as ad valorem property taxes collected by the County of Santa Clara on behalf of the CITY on the secured roll. Failure to pay when due will result in the imposition of penalties and interest in the same manner as if the taxes were ad valorem property taxes. (c) Recovery of County Costs. The County of Santa Clara shall be entitled to deduct the reasonable costs of collection and administration of this Ordinance before remitting the tax revenues collected to the CITY.
(d) Administrative Regulations. The City Council of the CITY by three (3) affirmative votes may from time to time adopt regulations necessary for the enforcement and administration of the special tax provided for herein, and to implement and make effective this Ordinance.
Such regulations shall be consistent with the purpose and intent of this Ordinance.
SECTION 7. APPEALS.
Any person aggrieved by the real property tax imposed pursuant to this Ordinance may, within the time fixed by the City Council, appeal the determination of the officers of the County of Santa Clara
SECTION 8. EXEMPTIONS.
The special real property tax imposed by this Ordinance shall not apply to any parcel of property that is exempt from the real property tax imposed by this Ordinance pursuant to any provision of the Constitution or any paramount law.
SECTION 9. OPERATIVE DATE.
This Ordinance shall become operative only if this Ordinance is adopted by a vote of sufficient number of qualified electors as is required by paramount law to impose the real property tax described in this Ordinance.
SECTION 10. The qualified electors of the City of Monte Sereno intend by this Ordinance to satisfy the requirements of Section 4 of Article XIII of the Constitution of the State of California, and without limitation by Section 4 of Article XIII B thereof.
SECTION 11. SEVERABILITY CLAUSE.
If any section, subsection, sentence, phrase, portion or part of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitu
Sereno in three
INTRODUCED
19th
ADOPTED at a regular meeting of the City Council held this day of JULY
I
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ATTEST:
CITY CLERK
day of July
, 1983,
(3) public places.
at a regular meeting of the City Council held this
and thereafter PASSED AND
25th
1983, by the following roll call vote:
BAMFORD, CODY, WINCKLER, MAYOR FOLEY
NONE
BURGARD
__7. BY
.YOR
1: S15 A TRUEAND CORRECT .
-::r:»:‘/ or A czw o:.::‘)‘z-M cs‘; HO.(Z£“-2 7"
51'.’
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No.
NS-Z2 was adopted by the City Council of the City of Monte Sereno at a regular meeting thereof, held on the 25th day of JULY C C 1983, and that the same was adopted by
9 the following vote:
AYES; Councilmen BAMFORD, copy, WINCKLER, MAYOR FOLEY
NOES: Councilmen NON
ABSENT: Councilmen BURGARD
ABSTAIN: Councilmen
WITNESS my hand and the official seal of said City this 18th day of
‘November
‘ ‘ , 1983.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
CITY OF MONTE SERENO
I, FAY FURTADO, City Clerk of the City of Monte Sereno, California, do hereby certify that the foregoing Ordinance No. NS-22 was adopted by the People of the City of Monte Sereno, California, by a two~thirds Vote of the qualified electors of the City at a Special Municipal Election held on November 8, 1983, the vote thereon by 583 Yes votes and _ 242 No votes.
WITNESS my hand and the official seal of said City this l8th
day of November , 1983.
5?
FAY FURTADO, CITY CLERK
(SEAL)
RESOLUTION NO. 22-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO ESTABLISHING
AND FIXING THE AMOUNT OF SPECIAL REAL PROPERTY TAX LEVY FOR POLICE
PROTECTION PURPOSES IN MONTE SERENO FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2022 AND ENDING ON JUNE 30, 2023
WHEREAS, the City of Monte Sereno adopted, and the voters approved by more than two-thirds of the votes cast at the November 8, 1983, election, Ordinance No. NS-22 which levied a parcel tax for police services as more specifically set out in Ordinance No.NS-22; and
WHEREAS, Ordinance No. NS-22 empowered the City Council, in its reasonable discretion and fiscal prudence, to suspend collection of all or part of the adopted and levied tax established therein; and
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector for the County of Santa Clara be provided a certified copy of this Resolution and be instructed to collect one hundred fifty dollars ($150.00) per parcel, as provided in Ordinance No. NS-22, in the City of Monte Sereno for the fiscal year commencing July 1, 2022 and ending June 30, 2023.
This Resolution was PASSED and ADOPTED on the 19th day of July, 2022 at a duly held meeting ofthe City Council ofthe City of Monte Sereno, California, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
Javed I. Ellahie, Mayor
ATTEST:
_________________________________
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: Special Meeting of the City Council - Jul 21 2022 Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Consider Reducing Building Permit and Plan Check Fees for Accessory Dwelling Units or SB-9 Dwelling Unit When the Property Owner has Formally Notified the City of their Intention to Construct for the Next RHNA Cycle
Recommendation(s):
Staff recommends the City Council adopt the draft resolution to approve a 50% reduction of plan check and building permit fees for new Accessory Dwelling Units (ADUs) and SB-9 additional dwelling units for a maximum of 225 properties where the property owner has formally notified the City in writing of their intention to construct such project by December 15, 2022, and submitted a complete building permit application by July 1, 2029, so that such building permits will be issued during the current RHNA cycle ending December 31, 2029.
Background Information:
The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law. Monte Sereno’s current Housing Element was adopted in 2015 and the new document must be adopted by January 2023, but the state’s approval process can take several months.
Regional Housing Needs Allocation (RHNA)
Every city in California receives a required number of homes to plan for in the updated Housing Element. This is called the Regional Housing Needs Allocation (RHNA). Monte Sereno’s RHNA for this upcoming Housing Element is 193, an over 300% increase from last cycle’s RHNA of 61. Under state law, cities do not need to ensure these homes are built, but do need to identify adequate housing sites, as part of their sites inventory, and put in place the proper zoning and address development constraints, so that the private sector can build the housing. The RHNA is broken down by income category, Monte Sereno’s income specific RHNA is:
Very Low Income: 53
Low Income: 30
Moderate Income: 31
Above Mod Income: 79
Total: 193
There are three main options for the Council to consider in order to plan for the required number of additional housing units: ADUs, projects constructed under the new SB-9 regulations, and rezoning sites to a higher density to allow for additional housing units. These options were discussed at the Joint Special Meeting of the City Council and Site and Architectural Commission on May 24, 2022, the consensus from the Council and Commissioners was that efforts should be focused on meeting the RHNA requirements through the construction of ADUs.
Analysis:
The standard methodology to estimate the number of ADUs that will be constructed during the 2023-2031 planning period is based on the average number of such units constructed since 2019, when the state law made it easier to construct such units. This is described in Attachment 1, the Association of Bay Area Governments (ABAG) Technical Memo for Using ADUs to Satisfy RHNA. The following table shows the number building permits that were issued for construction of new ADUs each calendar year since 2019:
Year Building Permits Issued for New
ADUs
2019 14
2020 9
2021 14
2022
(Projected based on 9 units issued through June 30)
18 Average 13.75
A straight projection of the average above would total 110 ADU which could be planned for the update Housing Element. However, as shown above, the number of building permits issued in 2020 for new ADUs was low. This is likely due to the beginning of the Covid 19 Pandemic and local health orders which required non-essential construction to cease for several months. The attached Technical Memo does indicate that a small amount of flexibility may be allowed to the straight average projection. If 2020 is excluded, the total number of ADU permits issued in 2019, 2021, and projected for 2022 is 46, which would project to 122 for the eight-year planning period of 2023-2031 in the updated Housing Element.
As noted in the Attachment 1, the Association of Bay Area Governments (ABAG) Technical Memo for Using ADUs to Satisfy RHNA, a jurisdiction may project a higher number of ADUs that will be constructed during the 2023-2031 planning period if a robust, funded, and clear plan is developed to increase the production of ADUs.
As part of such program to justify an increased ADU projection, the City Council directed staff to schedule this special meeting to consider a fee reduction of 50% of the permitting and plan review fees for the construction of a new ADU or the conversion of an existing structure to an ADU. Examples of existing structures that can be converted to an ADU include pool houses, garages, or storage buildings.
Depending on the size of the ADU, these fees total approximately $7,200 for each new ADU, which would be reduced by $3,600 if the 50% reduction is approved. It is important to note that there are other fee items that are not part of the proposed reduction program such as the City’s adopted Construction Tax and other fees that are state mandated. The Construction Tax is a voter approved tax that cannot be altered without an approved ballot measure. The other fees are not considered user fees as they are collected to cover the costs of specific impacts and state mandates.
The fee reduction would be available to a maximum of 225 properties. This was determined by applying a 15% buffer on the RHNA allocation of 193 (as recommended by the HCD), which results in 222 and adding a few more to round off the number.
The City Council Ad Hoc Committee and the Site and Architectural Commission Ad Hoc Committee for the Housing Element Update are developing a community-wide outreach program that will include neighborhood canvassing where residents will be informed of the updated Housing Element and the RHNA allocation as well as, if approved, the fee reduction program for ADUs. The intent of this effort is to inform the community of the Housing Element issues and request written intention from those residents interested in constructing an ADU or an additional dwelling unit under the SB-9 provisions by December 31, 2029. As recommended, the fee reduction would also apply to an additional dwelling unit constructed under the SB-9 provisions of the Municipal Code section 10.05.080 on a lot that was not created through the Urban Lot Split. Such additional dwelling units are currently limited to 800 square feet in size in accordance with the Municipal Code section 10.05.080.F.8.
Fiscal Impact:
A 50% reduction in the permitting and plan review fees would result in approximately $3,600 per building permit, depending on the size on the building. If 225 permits were issued under the fee reduction program, this would result in decreased revenue of approximately $810,000 over the eight-year period, or $101,250 on average each year.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Notification of this meeting was also emails to a list of interested parties and posted on the City’s social media channels.
Attachments:
1. ABAG Technical Memo - Using ADUs to Satisfy RHNA
2. Draft Resolution for ADU Fee Reduction
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Using ADUs to Satisfy RHNA
Technical Memo
Background
Jurisdictions are allowed to use ADUs to help satisfy their RHNA requirements; however, the process is somewhat different than other aspects of the sites inventory. The standard method is to estimate the number of ADUs that will be developed in the planning period, then distribute those estimated units into each of the income categories.
Estimating Production
The estimate should be based on the average number of ADU building permits issued each year, multiplied by eight (because there are eight years in a housing element cycle). Most cities base their determination of annual ADU permits by averaging the building permits approved each year since 2019, when state law made it easier to construct the units.
There is a small amount of flexibility in the calculations. If numbers were low in 2019 but were high in 2020, 2021, and 2022, a jurisdiction could potentially use 2020-2022 as the baseline. This rationale would be bolstered if there was a logical explanation for the change, e.g., the jurisdiction further loosened regulations in 2020.
Projecting a higher number of ADUs than what has been demonstrated through permit approvals in recent years may be possible, but more challenging. A slightly larger number may be warranted if a robust, funded, and clear plan to increase production has been put in place. However, you are strongly encouraged to coordinate with HCD before deviating from the standard methodology.
ADU sites are not listed in the site inventory, rather they are summarized and tallied in their own subsection.
Determining the Income Distribution
ABAG conducted an analysis of ADU affordability and concluded that in most jurisdictions, the following assumptions are generally applicable. Many jurisdictions are choosing to use these numbers in lieu of conducting their own affordability analysis.
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Table 1. Percent of ADUs Affordable to Different Income Categories Percent Income Category
30% Very low income
30% Low income
30% Moderate income
10% Above moderate
Please contact your County Collaborative Technical Assistance Provider for more information on affordability. A few key points are summarized below:
• Use building permits issued for the estimate.
• Jurisdictions do not need to list the addresses for potential ADUs. • Make sure the assumptions in your Housing Element match the numbers reported in past year APRs.
Please visit the ABAG Housing Technical Assistance page for more information, including a webinar that covers this topic.
Sample Housing Element Write Up
The following is what a jurisdiction might include in their sites inventory section of the housing element.
Since City amended its ordinance in 2019, the number of ADUs permitted has significantly increased.
City’s ordinance goes beyond state law and allows 1,200 square foot ADUs. Additionally, the City website has an entire section devoted to ADUs with clear information about the standards and approval process. On average, the building department provides comments to completed ADU applications in 10 days.
Since 2019, the City has issued an average of 12.75 ADU permits per year, as listed below.
Year Building Permits
2017 2
2018 1
2019 10
2020 15
2021 10
2022 16 (estimate based on first 6 months)
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Based on the annual average of 12.75 ADU permits per year since 2019, the City is projecting 102 ADUs being permitted over the eight year planning period and is using ABAG’s survey data to distribute the projected units by income category:
Income Category Percentages Totals
Very low 30% 30
Low 30% 31
Moderate 30% 31
Above moderate 10% 10
Based on these calculations, the City is able to meet approximately 1/7 of its RHNA through ADUs, and must accommodate another 598 units on the sites detailed in the sites inventory. See table below for a summary:
V Low Low Mod Above Mod Total
RHNA 200 200 100 200 700
Pipeline / Approved Units 0 0 0 0 0
ADUs 30 31 31 10 102
Remaining RHNA 170 169 69 190 598
ADUs and Level of Scrutiny of Other Sites in Housing Elements Cities that are heavily dependent on redevelopment sites (or technically nonvacant sites) face more scrutiny in their lower income sites inventory. ADUs can help some cities avoid this additional scrutiny/analysis. To simplify: if greater than 50 percent of the lower income RHNA can be satisfied by vacant sites, under construction (pipeline) projects, and projected ADUs, cities can avoid the higher standard.
For example: If the lower income RHNA is 100 and there are ten units under construction and sites for ten vacant units, a jurisdiction can avoid the heightened scrutiny if ADU projections are at least 31 units for the housing element period. (Half of 100 is 50. 10 under construction plus 10 vacant plus 31 ADUs is 51, or greater than 50.)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
PROVIDING FOR A REDUCTION IN BUILDING PERMIT AND PLAN CHECK FEES
FOR ACCESSORY DWELLING UNITS OR RESIDENTIAL UNITS PERMITTED UNDER MONTE SERENO MUNICIPAL CODE SECTION 10.05.080 WHEN THE
PROPERTY OWNER HAS NOTIFIED THE CITY OF THE INTENTION TO
CONSTRUCT FOR THE NEXT RHNA CYCLE
WHEREAS, the City Council adopted Resolution No. 3682 on May 1, 2018 setting an updated schedule of user and regulatory fees; and WHEREAS, the City’s Housing Element adopted on May 19, 2015 includes several goals and policies related to encouraging the production of housing that meets the needs for all economic segments of the community; and WHEREAS, the City’s Housing Element includes Goal H-1 to provide housing consistent with the character of the community; and
WHEREAS, the City Council desires to promote the construction of Accessory Dwelling Units (ADUs) by providing a fee reduction for certain City related fees, including building permitting and plan review, in order to encourage the construction of ADUs in order to help meet the City’s Regional Housing Needs Allocation (RHNA) of 193 units of varying affordability during the 2023-2031 planning period, as mandated by state law; and
WHEREAS the City Council hereby finds that it is in the best interest of the City to invest in protecting the character of the community through the establishment of this fee reduction program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO AS FOLLOWS:
Section 1. Each recital set forth above is hereby adopted as a specific finding of this City Council.
Section 2. The City Council hereby authorizes the reduction of building permit and plan check fees by 50% for the first 225 projects where a property owner has formally notified the City in writing of their intention to construct a new ADU, convert an existing structure to an ADU, or create an additional dwelling unit under the Municipal Code section 10.05.080 provisions on a lot that was not created through an Urban Lot Split, and submits a complete building permit application by no later than July 1, 2029, and the building permit is issued by December 31, 2029.
Section 3. Except as expressly set forth herein, nothing contained in this resolution shall be deemed to waive any fees otherwise required by any other agency or entity, nor otherwise waive compliance with any other applicable provisions of the Monte Sereno Municipal Code or other City ordinance, policy, or regulation.
REGULARLY APPROVED this 21st day of July 2022 by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
BY: Javed I. Ellahie, Mayor
ATTEST:
______________________________
Michelle Estabillo, City Clerk
T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.350.1823
July 20th, 2022
City of Monte Sereno
18041 Saratoga Los Gatos Rd
Monte Sereno, CA 95030
Attn: City Council
Reduction in ADU Plan-Check Fees
Mr Mayor and Council-members:
In the interest of encouraging more ‘housing units’ to be built in Monte Sereno this proposal is a good move and I would encourage you to vote for it, as long as the City Manager has verified the fiscal viability of such a policy.
I have several clients who might otherwise have been ‘on the brink’ of building ADUs who will commit to doing so with this incentive. So we will work with them in the upcoming months to design and submit plans for their construction.
I notice that this proposal encompasses SB-9 residential housing units also, so while you are considering this matter, I would ask that you give further consideration to removing the stranglehold that you have placed on SB-9 units with your ‘Maximum 800 sq ft size limit with additional restrictions’. I have no clients who plan to build such units at this time as they only see them as rental units and feel disinclined to change the face of the City with such a proposal.
When staff originally came forward with a proposal for an SB-9 Ordinance, one thing that they included in it was the opportunity for homeowners to use the discretionary S&A process to build ‘real homes’ on the resulting SB-9 lot. Saratoga and Los Gatos have both included this in their strategic planning so that neighborhoods are less likely to change from their current Single-Family zoning into Rental zoning. Los Gatos went one step further and required every SB-9 ‘new lot’ to include an ADU-sized unit as a prerequisite for building a home according to the tenets of the zoning district.
This is something that you can now do incrementally - by relaxing your rules while still keeping the integrity of Monte Sereno intact – so I would hope that you take this opportunity to move forward.
Back to ADUs – please adjust your Fee Schedule tonight and I will pick up a few forms for Clients of mine and have them completed in the next couple of weeks to help you comply with your housing element goals.
Thank you
Tony Jeans.
STAFF REPORT
Meeting: Special Meeting of the City Council - Jul 21 2022 Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Update from the Housing Element Update Ad Hoc Committee Regarding Outreach and Incentives for Creating Accessory Dwelling Units Recommendation(s):
Staff recommends that the City Council discuss the Housing Element Update Ad Hoc Committee report and provide any direction to staff.
Background Information:
The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law. Monte Sereno’s current Housing Element was adopted in 2015 and the new document must be adopted by January 2023, but the state’s approval process can take several months.
Regional Housing Needs Allocation (RHNA)
Every city in California receives a required number of homes to plan for in the updated Housing Element. This is called the Regional Housing Needs Allocation (RHNA). Monte Sereno’s RHNA for this upcoming Housing Element is 193, an over 300% increase from last cycle’s RHNA of 61. Under state law, cities do not need to ensure these homes are built, but do need to identify adequate housing sites, as part of their sites inventory, and put in place the proper zoning and address development constraints, so that the private sector can build the housing. The RHNA is broken down by income category, Monte Sereno’s income specific RHNA is:
Very Low Income: 53
Low Income: 30
Moderate Income: 31
Above Mod Income: 79
Total: 193
There are three main options for the Council to consider in order to plan for the required number of additional housing units: ADUs, projects constructed under the new SB-9 regulations, and rezoning sites to a higher density to allow for additional housing units. These options were discussed at the Joint Special Meeting of the City Council and Site and Architectural Commission on May 24, 2022, the consensus from the Council and Commissioners was that efforts should be focused on meeting the RHNA requirements through the construction of ADUs.
Ad Hoc Committee Formation
At the June 7, 2022 City Council meeting an Ad Hoc Committee for the Housing Element Update was formed and Councilmembers Leuthold and Mekechuk where appointed to the Committee. The purpose of the Ad Hoc Committee is to develop a public outreach program to inform the community of the Housing Element Update project as well as solicit interest from property owners in creating an ADU on their property. The goal of this effort is to obtain sufficient interest from property owners in creating an ADU on their property to satisfy the RHNA allocation without having to rezone portions of the city to higher densities.
The City Council Ad Hoc Committee has had several meetings with the Site and Architectural Commission’s Housing Element Update Ad Hoc Committee to develop a community-wide public outreach program to encourage creation of ADU units which includes the following:
• Informational postcards mailed to each resident/property owner; • Door-to-door neighborhood canvassing;
• Direct e-mails to interested parties, contractors, architects/designers; • Social media postings; and
• Information to be provided at the City-wide picnic on August 21, 2022; For the door-to-door neighborhood canvassing program, each City Councilmember has been assigned an area of the city for which they will be responsible for providing information and incentives to encourage the creation of an ADU. One Site and Architectural Commissioner has been assigned to work with each Councilmember in the assigned area of the city.
Councilmembers may also recruit other volunteers to assist with this effort as needed.
The door-to-door neighborhood canvassing should be completed in early September. At that time, an update will be provided at a City Council meeting to discuss the status and effectiveness of the ADU outreach in obtaining interest in creating such units.
Staff will reach out to each Councilmember to provide them with the map of their area as well as forms and documents needed for the neighborhood outreach.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Notification of this meeting was also emailed to a list of interested parties and posted on the City’s social media channels.
T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.350.1823
July 20th, 2022
City of Monte Sereno
18041 Saratoga Los Gatos Rd
Monte Sereno, CA 95030
Attn: City Council
The Housing Element and Outreach Thoughts
Mr Mayor and Council-members:
In the previous Item you considered, and hopefully adopted, a plan to encourage additional Low to Moderate Income housing units, for the most part to satisfy the requirements of the Housing Element’s mandate of 193 new units over the next 8 years.
When I look at the housing unit breakdown placed on the City, I notice that 57% of them are, or can be, in the Moderate and Above Income Level [110 units]. Only 83 are required to be Low Income or below. I am not sure if the City can achieve all its goals by encouraging ADUs – perhaps – but that does seem a somewhat blinkered approach.
I am not a proponent of forced re-zoning to satisfy the ‘needs of the state’. But I am a proponent of flexibility. If there is an area of the City that could better benefit from zoning changes then the City should consider it – but not under duress.
SB-9 offers a glimmer of hope in that respect. Firstly it is not under duress; a homeowner has to want to split a lot for economic or lifestyle reasons. Secondly it has to be feasible; the lot and house have to allow it physically. Thirdly it has to make sense for the City; which is where your creativity comes into play.
Saratoga, Los Gatos and Monte Sereno have all taken different paths:
- Monte Sereno actively discourages SB-9 construction.
- Saratoga restricts SB-9 construction, unless discretionary approval is chosen. - Los Gatos encourages SB-9 construction for a house and an ADU sized unit.
It seems to me that the Los Gatos approach would work best for the City of Monte Sereno – encouraging a good mix of housing units, keeping the single family feel of the City, and allowing Monte Sereno residents to stay in the City with economic security.
It might be useful to pose a question in the proposed ‘door-to-door’ outreach asking residents whether they might consider an SB-9 Lot-Split at their property if they had to continue to live there for the following 3 years. - If only 800 sq ft (rental) units could be built next door - If a house could be built under the S&A approval Process - If a house and ADU-sized unit could be built next door Even if you, as the Council, have chosen not to take advantage of the opportunity SB-9 provides, this data could be invaluable in your future deliberations and decision-making.
Tony Jeans
From: Steven Walker
To: David W. Lively; Javed Ellahie; Bryan Mekechuk; Rowena Turner; Liz Lawler; Shawn Leuthold; Diana Perkins; Steve Leonardis
Cc: Sergio Rudin; Richard Brossart; Laura Brossart
Subject: RHNA Housing Element Update
Date: Thursday, July 21, 2022 2:18:58 PM
PLEASE INCLUDE THIS EMAIL IN PUBLIC COMMENTS
Dear Council Members –
I am a resident of Monte Sereno, and I am writing with respect to the proposed rezoning activity occurring along Vineland Avenue in Monte Sereno. It has come to my attention that the city has been holding zoom meetings and there has been a lack of adequate public notice and administrative due process of the law. Few, if any, residents are aware of this important issue, which directly impacts the residents’ land values and investment. Property values are at stake. Please see the following points
1, July 21st Special Meeting: Failure to Provide Adequate Notice. The city scheduled a meeting for July 21, without giving the 30 days of public notice as required under the law. The only logical conclusion is that the City does not want to inform the residents and believes that it has a free hand to take whatever action it needs necessary. This is not the law.
2. Targeting of Specific Areas, No Formal Study. The city has targeted certain areas (Vineland Avenue and Bicknell) without even looking at the lots on Highway 9, Daves Avenue, and Winchester. Why didn’t the city look at the rest of Monte Sereno? If the city was really interested in the housing element, shouldn’t the city have looked at the entire area? It is also my understanding that the city has failed to conduct a formal study on the impact of proposed rezoning on the neighborhood.
3. Legal Issues. The City’s actions raise serious legal issues including (1) lack of adequate public notice, (2) lack of administrative due process, (3) Fourth Amendment deprivation of property without due process, (4) Fifth Amendment taking of property without just compensation, and (5) breach of fiduciary duties.
4. Coalition. The residents are forming their own coalition, similar to the ones in Cupertino and Palo Alto, and will be discussing these issues in greater
detail. We want our voices heard.
4. Formal Demand for Relief. The only remedy is to start this process anew, after adequate notice and an opportunity to be heard by the residents and a formal study. This letter is a formal demand that the city takes the following action:
All meetings forthcoming must be given 30 days’ public notice Also, provide weekly reminder notices (most cities give reminders but the city of Monte Sereno does not)
Hold an in-person meeting in September and provide public notice so that all residents can attend and be heard.
There must be full disclosure and due process of the law.
Steven L. Walker
Law Offices of Steven L. Walker
A Professional Law Corporation
Silicon Valley Center
2550 North First Street, Suite 302
San Jose, CA 95131
Direct: 408.295.5800 | Fax: 408.295.5855 | Cell: 408.828.9989 [email protected] | www.walk-law.com
Privileged and Confidential Attorney-Client Communication and/or Attorney Work-Product - The information contained in this transmission is confidential and contains privileged attorney-client information or work-product. This e-mail may not be shared with others without our express prior written consent and is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is only intended for the use of the intended recipient. Any use, review, retransmission, dissemination, copying or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you have received this communication in error, please do not read, copy or disseminate it in any manner. Please immediately notify us via return email or by telephone at (408) 295-5800 and delete it from your computer system, destroy the original transmission and its attachments without reading them or saving them to disk or otherwise. Thank you.
From: Alex Qiao
To: Diana Perkins
Subject: Re: Monte Sereno City Council to Discuss SB9 Modifications Date: Thursday, July 21, 2022 8:07:27 AM
Hello Diana,
It is disappointing to hear that the Council decided to ONLY rely on the ADU proposal to meet the housing element requirements.
First, there is some question that puzzles me. From what I see from your report, based on ABAG analysis, the distribution of the ADUs to fit into the different income categories is as follows: 30% for very low income, low income, moderate income respectively and 10% for above moderate income.
For monte sereno, income specific RHNA is
very low income 53
low income 30
moderate income 31
Above mod income: 79.
How do you plan to use ADU to meet the 79 above mod income houses, or is this number being neglected when Council made the decision to focus on ADUs only? you would need 790 ADUs, 10% of them can count toward the above mod income to meet the requirement, right?
The honest thinking for the fee reduction is that, it is really questionable whether this will make sense to be a projection for the number of the houses Monte Sereno to meet RHNA. The housing element committee might see the question too. Basically you are asking people to sign up for something that is no obligation attached, no commitment and no down side effect whatsoever, but could be up to $3600 saving if any. What it tells people is that, even if you have no interest or little interest, there is no harm to sign up anyway. but if you are open to the idea of ADU, why not just sign up.This is a very bad way to do a survey or trying to get the intention. The number hardly represents the true intention, and it would be higher than what would be ADU application. If you get 225 written intentions, I highly doubt you would get all 225 to actually build the ADU, and you don't have a good measurement to know the percentage of it to be a real intention. As a result the legitment of the projection based on these sign ups is very questionable. This action is just to defer the problem but not going to solve the problem. I am really disappointed to see the City's efforts and hours of discussion going to be a waste, if the intention is not to solve the problem for good.
In fact, I am concerned if this becomes the message you deliver when the community-wide outreaching process starts, it is very biased. I think the outreach program is great, if the goal is to let people understand the housing shortage and why California implements this state wide initiative to do so. I truly sincerely hope residents in Monte Sereno can see the big picture and can have the sympathy to realize, this is a true issue that immersively impacts many hard working families. Have you done enough out-reach for people to know about SB9, how it is defined in State and how MS defined it so it is overly restricted than the SB9's intention? Do you give them enough education to let them realize how SB9 works? How about trying as much effort as the proposed community-wide outreach for ADU, like some council member had mentioned, go door to door, to see how many "intentions" you will get if the SB9 requirements get modified. That's probably a better survey. Please give people choices, instead of lure people to do what the Council wants.
The disappointment is also because this direction shows that Council has not actually put the housing needs in consideration and doesn't really grasp the spirit of the housing elements.
There are demands to have SB9 requirements to be modified so it can serve people in Monte Sereno that are actually in need of houses. Not to mention the potential residents outside Monte Sereno. Solving the Housing shortage is responsible for ALL cities in California, Monte Sereno is no exception. and the current SB9 requirements in MS are not helpful. I certainly felt such demands are being ignored just because Council members don't have the need. I thought that the duty for the City is to serve people, but not to only serve people that have the same need as you.
Rezoning is also a very legit proposal, The farmland and ranch style homes no longer fit into today's world. It is an obsolete zoning that should be modified, so the vacant land can be in good use. I don't think people will do extreme subdivision that a lot of people are concerned about. I agree 100%. The uniqueness of Monte Sereno and the beauty of it is not something you will get from anywhere else. That draws people to move here because they know it.
Believe it or not, the market will prove that extrem subdivision won't happen. People wouldn't want high density here so no one would build high density. As simply as that. On the other hand, people would want decent, modernized homes here, city needs development and uplifting to maintain as a very well maintained community. So that is what the market will tend to do. Keeping things unchanged would not be the way. Regulated planning and development should be the main force. Rezoning is perfect as part of the planning and still balanced that Council is in control for a lot of things. Please push harder on that as a city planner. You have the power to influence where our voices are not being heard.
We all have hope that City will grow stronger and better. We might have different perspective, but the intention is the same. I hope City can represent people's needs like us as well.
Thank you for your time.
Alex
Monte Sereno resident.
On Thu, May 19, 2022 at 3:16 PM Diana Perkins <[email protected]> wrote:
Hello. I am sending you this email as you have inquired about an SB9 development standards for Monte Sereno. A joint meeting of the Monte Sereno City Council and Site and Architectural Commission is scheduled for Tuesday, May 24, 2022 at 6pm. The meeting will be held remotely.
The City Council and Site and Architectural Commissioners will consider changes to the SB9 ordinance at this meeting. The meeting agenda, including the meeting log in information and the staff report, is available online at:
https://montesereno.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=227
This item is #2 under the New Business portion of the meeting. The first item on the agenda is a discussion regarding the Housing Element update. This is related to the potential SB9 modifications as the city is required to plan for an additional 193 new housing units over the eight years covering 2023-2031. Revising the SB9 regulations to make these types of projects more feasible is one potential strategy to achieve this requirement.
Staff is recommending that the City Council and Site and Architectural Commissioners direct staff to prepare an ordinance to revised the following standards for SB9 projects:
Revise the maximum building size allowed for an SB9 project to equal the allowable size of a one-story building under the applicable Zoning District Regulations.
Revise height limits to specify that SB9 projects are limited to one-story with a maximum building height equal to that allowed for a one-story building under the applicable zoning district regulations.
Remove the size limit of coverage porches.
Remove the impervious coverage restrictions specific to SB9 projects and use the limitations provided in the applicable zoning district regulations.
Allow property owners to have the option of ministerial review or discretionary review for development on lots created through an urban lot split, by removing restrictions that urban lot split lots can only be used for 800 square foot dwelling units
This meeting is an opportunity for you to attend and voice your opinion on potential changes. Additionally, you can email me your comments to me and they will be provided to the Councilmembers and Commissioners.
Information about the current SB9 regulations is available online:
https://www.montesereno.org/2152/Planning-Department
Please let me know of any questions.
Thank you,
Diana Perkins | City Planner
City of Monte Sereno, California
18041 Saratoga-Los Gatos Road | Monte Sereno, CA 95030
Office 408.498.5283
[email protected] | www.cityofmontesereno.org