AGENDA
City of Monte Sereno
Tuesday, January 17, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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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
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.
1. Written Communication Received 1.16.2023
Public Comment
5 - 6
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. 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-23-008 - Pdf
7 - 10
2. Approve Warrant List Dated January 17, 2023 in the Amount $275,046.69
Staff recommends the City Council approve the Warrant List Staff Report - SR-23-006 - Pdf
11 - 14
3. Accept the Treasurer's Report for October 31, 2022
Staff recommends the Council accept the Treasurer's Report for October 2022
Staff Report - SR-23-007 - Pdf
15 - 32
4. Approve the attached response letter to the Santa Clara County Civil Grand Jury Final Report, "Show Me the Money: Financial Transparency Needed."
Staff recommends that the City Council consider and approve the attached response letter to the Santa Clara County Civil Grand Jury Final Report, "Show Me the Money: Financial Transparency Needed." 33 - 64
Staff Report - SR-23-004 - Pdf
5. Approve the Minutes of the December 6, 2022, Regular City Council Meeting, December 20, 2022 Special and Regular City Council Meeting Staff recommends approve the Minutes of the December 6, 2022, Regular City Council Meeting, December 20, 2022 Special and Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
65 - 78
6. Accept the Annual Approval and Signing of the City Council Code of Ethics
Staff recommends that the City Council approve and sign the City Council Code of Ethics.
Staff Report - SR-23-010 - Pdf
Comment Received
79 - 83
PUBLIC HEARINGS
UNFINISHED BUSINESS
1. Housing Element Update: Discuss and Provide Direction on Comments Received from the California Department of Housing and Community Development
Staff recommends that the City Council discuss the comments received from the California Department of Housing and Community Development and Provide Direction to Staff on Addressing the Comments.
Staff Report - SR-23-012 - Pdf
84 - 110
2. Introduction and waiver of first reading of Ordinance No. NS-233, and ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
Staff recommends that the City Council introduce and waive the first reading of Ordinance No. NS-233.
Staff Report - SR-23-005 - Pdf
111 - 116
NEW BUSINESS
1. Discuss and Assign Councilmember for each of City Council Ad Hoc Assignments for Calendar Year 2023
Staff recommends the City Council discuss and assign Councilmembers to the Ad Hoc Committee for Calendar Year 2023.
Staff Report - SR-23-011 - Pdf
117 - 119
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.
Last Meeting Next
Meeting
Craig
Monte Sereno Youth Commission 11/08/22 02/14/23
Santa Clara County Library JPA 10/27/22 01/26/23
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association – City Selection Committee
Joint Venture Silicon Valley Network
Turner
West Valley Sanitation District 12/14/22 01/22/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study
Wolsheimer
Silicon Valley Animal Control Authority 12/14/23 01/11/23 Santa Clara Valley Water District Commission 10/26/22 01/25/23 Mekechuk
Valley Transportation Authority Policy Advisory Committee 12/08/22 01/12/23 West Valley Clean Water Board 11/03/22 02/02/23
West Valley Solid Waste/Recycling JPA 12/05/22 02/02/23 Silicon Valley Clean Energy Authority 12/14/22 01/11/23 Association of Bay Area Governments 06/17/22
League of California Cities Peninsula Division
West Valley Mayors & Managers
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]
From:
To:
Ruth Alexander
Gloisy Gonzalez-Langarica; Steve Leonardis
Subject: Re: Regular Meeting of the City Council - January 17, 2023 Date: Monday, January 16, 2023 1:05:45 PM
Re: Proposed New Community Area in Monte Sereno where the old city office used to be in the beginning:
I would appreciate it if our few comments were relayed and read during your upcoming meeting regarding the new Community area.
These are our requests, if possible, please:
1. We want to make sure that there is no extra noise in the evenings and a reasonable time is set, say seven or 8p things are shut down as many of the Monte Sereno residents right next to you are older now
2. Make sure our privacy is not invaded, especially for your direct neighbors, which are on two ends and opposite Rose Avenue
3. I still would love for the two entrances for cars to be kept if possible.
Thanks for your consideration.
Ruth Alexander and spouse Daniel D'Souza
17999 Saratoga Los Gatos Road, Monte Sereno, Ca. 95030 -Owners for 36+ years
From: Nancy Pearson
To: Bryan Mekechuk; Evert Wolsheimer; Rowena Turner; Burton Craig; Javed Ellahie; Steve Leonardis; Gloisy Gonzalez-Langarica
Subject: committee?
Date: Monday, January 16, 2023 6:55:33 PM
Good Evening All,
I've been involved with the Town of Los Gatos on the Senior Services Committee, representing the Service Clubs (my Monte Sereno residence didn't matter). It occurred to me that once my committee is sunsetted this year, that I should get back into helping Monte Sereno. It is probably too late to apply for a commission, so I was wondering if I might be able to join an ad hoc committee,such as the Emergency Preparedness Committee? I went through the CERT training (pre-pandemic) but never took the final due to a personal conflict; thus my interest in the Emergency Preparedness committee.
Thank you, in advance, for your consideration!
Nancy Pearson
Becky Lane, Monte Sereno
408.313.7060
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
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 in person 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 September 8, 2022 and September 15, 2022 that Santa Clara County had “low” community transmission with 120.5 case rate per 100,000 population, 8.2 new COVID-19 admissions per 100,000 population, and
4.7% 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. 23-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 September 8, 2022 and September 15, 2022 that Santa Clara County had “low” community transmission with 120.5 case rate per 100,000 population, 8.2 new COVID-19 admissions per 100,000 population, and 4.7% 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 17th day of January, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Bryan Mekechuk, Mayor
ATTEST: __________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated January 17, 2023 in the Amount $275,046.69 Recommendation(s):
Staff recommends the City Council approve the Warrant List Background Information:
Analysis:
California Environmental Quality Act:
Fiscal Impact:
There are no unbudgeted fiscal impact with this agenda item.
Alternatives:
Conclusion:
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:
2023 01 17 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
January 17, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20124 The A.I.M.S.
Corporation
Don Wimberly, Consulting Engineer for
Monte Sereno City Engineer 13,700.00 01-765
20125 Natalie Ladd
Photography
Photography headshots of Council
Members 1,500.00 01-505
20126 Alamo Landscaping &
Maintenanc
Landscape maintenance City Hall
November and December 2022 1,100.00 01-860
20127 Alan Cunningham
Reimbursement for CALEO membership
($100); Travel expenses ($419) and
Lodging ($676)
1,195.08 01-745
01-740
20128 Alana Consulting, LLC Plan check services for period 09/22/2022 through 12/22/2022 43,908.08 01-765
20129 Apex Asphalt Paving Asphalt removal and installation on City streets 8,810.00 25-850
20130 Burke,Williams &
Sorensen, LLP
City Attorney Services ($7145) and
General Litigation Matters ($574) 7,718.88 01-425 01-427 20131 COMCAST Internet services for City Hall 106.67 01-720 20132 corodata Shredding,
Inc. 64 Gallon bin for shredding 80.87 01-710
20133 Crystal Springs Water
Co Drinking water services for City Hall 105.50 01-710
20134 CSG Consultants, Inc Code Enforcement services 11/03/2022 through 11/23/2022 7,535.00 01-545
20135 Delta Dental of
California Dental insurance premiums 704.94 01-635
20136 Dicar Networks, Inc.
Monthly Managed Servi9ce Total Care
($1325) and Microsoft Office / software
licenses renewal ($1161)
2,486.00 01-535
01-811
20137 EMC Planning Group,
Inc. Housing Element Update 11,824.09 01-535
20138 First Choice Coffee
Services Coffee services for City Hall 167.70 01-710
20139 Frontier
Communications Two landlines for City Hall 119.15 01-720 20140 Hillview Design Print
Media
Name plates ($329) and Business cards
($229) 557.97 01-725
1 of 3 Page 12 of 119
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
January 17, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20141 Ishaan Prasad Reimbursement for office supply
purchases. 14.99 01-710
20142 Liberty Plugins, Inc.
Quarterly admin fee for payby mobile
($300) and Annual server access fee
($108)
408.00 01-811
20143 MSI Litho Produce and mail Monte Sereno ADU
community MTG postcards to residents. 1,271.29 01-710
20144 Pacific Gas & Electric Electricity services for City Hall, Loma Sereno Ltg Dist, and City Streets. 838.86
01-705
40-935
05-890
20145 RICOH USA, INC. Copier rental for City Hall 480.23 01-715 20146 RICOH USA, INC. Copier charges 27.97 01-715
20147 Santa Clara County
Vector Control District
Mosquito and Vector Disease Control
Assessment 2.25 01-575
20148 Santa Clara Valley
Transportation
City of Monte Sereno's annual
Congestion Management Program
Member Agency fees FY 2023
2,528.00 01-745
20149 State Compensation Ins
Fund Workers' Comp premiums 444.25 01-642
20150 Sunbelt Rentals, Inc. Trailer rental for holiday parade December 2022 85.82 01-715
20151 Sweeping Corp of Amer Residential sweeping of City streets for months of October and November 2022 3,665.60 12-865
20152 Town of Los Gatos
Finance Department Police services 84,217.00 03-545
20153 Association of Bay Area
Governments Natural gas services for City Hall 236.12 01-705 20154 Town of Los Gatos
Finance Department
Pass thru payment of FY 2022-23 COPS
ELEAS August 2022 ($8,333) and FY
2021-22 COPS ELEAS Growth
($65,271)
73,604.58 03-548
20155 Wells Fargo Bank
Lands End Office wear ($1281) Benches
for Courtyard City Hall ($1737), Office
phone services ($398), City Clerk
Training workshop ($1250), Refund CA
Assn of Code Enforcement Conference (-
$600) and Software license renewal
($581).
5,601.80
01-710
01-720
01-745
01-770
01-811
2 of 3 Page 13 of 119
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
January 17, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
TOTAL VOUCHERED AS DUE $275,046.69
I, REYNOLD SAMORANOS, FINANCE OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
3 of 3 Page 14 of 119
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for October 31, 2022 Recommendation(s):
Staff recommends the Council accept the Treasurer's Report for October 2022 Background Information:
Analysis:
California Environmental Quality Act:
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Alternatives:
Conclusion:
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:
0 Treasurer's Report October 2022
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
REVENUES
PROPERTY TAX
LICENSE & PERMITS
FRANCHISE TAX
INTERGOVERNMENTAL
OTHER REVENUE
GAS TAX
INTEREST
REAL PROPERTY TAX
SALES TAX
FEDERAL RELIEF FUNDS AND OTHER
FINES
TOTAL REVENUE
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,326,700 92,525 110,096 (2,216,604) 4.7%
914,100 106,382 309,316 (604,784) 33.8%
310,000 5,523 69,664 (240,336) 22.5%
236,485 104,267 105,530 (130,955) 44.6%
280,700 24,430 66,892 (213,808) 23.8%
191,000 14,616 57,718 (133,282) 30.2%
11,200 17,161 26,585 15,385 237.4%
145,000 7,939 37,209 (107,791) 25.7%
12,000 543 2,874 (9,126) 24.0%
772,100 0 409,905 (362,195) 53.1%
3,000 73 580 (2,420) 19.3%
5,202,285 373,459 1,196,370 (4,005,915) 23.0%
Page: 1 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 16 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
PROPERTY TAX
01-202 Secured
01-204 Unsecured
01-210 Homeowners Exemption
01-214 SB 813 Supplemental
03-316 Law Enforcement Tax (See Notes
Below)
40-366 Secured
40-368 Unsecured
40-370 Homeowners Exemption
40-378 Homeowner Exempt/SB813
50-402 Assessment
TOTAL PROPERTY TAX
Notes to Law Enforcement Tax - $89,000
03-316
Police Special Tax Assessment
per Assessor's Report May 5,
2022 - Total $89,000
SALES TAX
01-296 Sales and UseTax
TOTAL SALES TAX
01-298 Coronavirus Relief Fund (State)
TOTAL FEDERAL RELIEF FUNDS
Notes to Relief Funds (Federal & Other) $772k
01-298 Silicon Valley Clean Energy ($18k) -
Secured if usd for solar panel/battery
Prop 68 Per Capita Program ($180k) -
Secured if expended by 12/31/2023
Federal Relief Funds ($409.5k) -
Awarded Coronavirus State and local
Fiscal Recovery Funds.
Unidentified energy, Parks, or
Rescue Funding ($164k) - To be
determined
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,108,700 0 0 (2,108,700) 0.0%
89,000 90,605 90,605 1,605 101.8%
5,000 0 0 (5,000) 0.0%
35,000 1,798 19,346 (15,654) 55.3%
89,000 0 0 (89,000) 0.0%
0 0 0 0 N/A
0 119 119 119 N/A
0 0 0 0 N/A
0 2 26 26 N/A
0 0 0 0 N/A
2,326,700 92,525 110,096 (2,216,604) 4.7%
12,000 543 2,874 (9,126) 24.0%
12,000 543 2,874 (9,126) 24.0%
772,100 0 409,905 (362,195) 53.1%
772,100 0 409,905 (362,195) 53.1%
Page: 2 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 17 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
GAS TAX
12-328 Gas Tax
12-333 Gas Tax (SB-1)
TOTAL GAS TAX
FRANCHISE TAX
01-262 Gas
01-263 Electricity
01-264 Water
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-268 Cable TV
TOTAL FRANCHISE TAX
REAL PROPERTY TAX
01-222 Real Prop Transfer Tax
01-225 SB 2 Real Estate Transactions
TOTAL REAL PROP. TAX
LICENSE AND PERMIT FEES
01-231 SB1186 Fees
01-232 Business License
01-234 ConstructionTax
01-235 SMIP
01-236 Construction Permits
01-237 Grading Permits
01-238 SB1473 (BSASRF)
01-240 Subdivision Fee
01-241 Site Development\Use\Variance\
01-242 Zoning Fees
01-243 Planning Miscellaneous
01-244 Encroachments
01-245 Community Planning Fee
. TOTAL LICENSE & PERMITS
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
109,000 8,072 32,649 (76,352) 30.0%
82,000 6,544 25,069 (56,931) 30.6%
191,000 14,616 57,718 (133,282) 30.2%
17,600 0 0 (17,600) 0.0%
38,000 0 0 (38,000) 0.0%
38,400 0 0 (38,400) 0.0%
130,000 2,693 40,903 (89,097) 31.5%
36,000 2,830 10,420 (25,580) 28.9%
50,000 0 18,341 (31,659) 36.7%
310,000 5,523 69,664 (240,336) 22.5%
145,000 7,939 37,209 (107,791) 25.7%
0 0 0 0 N/A
145,000 7,939 37,209 (107,791) 25.7%
680 36 704 24 103.5%
12,320 741 12,366 46 100.4%
36,000 5,005 10,266 (25,734) 28.5%
6,300 610 1,529 (4,771) 24.3%
697,000 87,235 221,940 (475,060) 31.8%
50,000 0 20,013 (29,987) 40.0%
3,000 188 556 (2,444) 18.5%
200 0 0 (200) 0.0%
8,500 500 4,150 (4,350) 48.8%
0 0 0 0 N/A
100 100 1,500 1,400 1500.0%
40,000 2,665 13,293 (26,707) 33.2%
60,000 9,302 22,998 (37,002) 38.3%
914,100 106,382 309,316 (604,784) 33.8%
Page: 3 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 18 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
FINES
01-293 Alarm Soundings
05-322 Traffic Safety (Bails & Fines)
TOTAL FINES
INVESTMENT INCOME
01-282 Interest - General (See Notes
Below)
12-332 Gas Tax Interest
. TOTAL INTEREST
.
Notes to Interest - General - $11,200
01-282
LAIF interest payment received in
arrears - Estimated $11,200 FY
2023.
INTERGOVERNMENTAL
01-287 AB939 (recycle incentive)
01-288 Abandoned Vehicle Abatement
01-300 Motor vehicle (state)
01-305 Miscellaneous
03-318 COPS grant revenue
05-323 Miscellaneous (Measure B &VRF)
See Notes Below
TOTAL INTERGOVERNMENTAL
Notes to Miscellaneous (05-323) - $129,185
05-323
Measure B - Pavement
Management Program (Annual) -
$80,685
05-323
TDA - Highway 9 Safety
Improvement Gap Closure -
$26,500
05-323 VRF - To be determined
allocation - $22,000
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 0 0 0 N/A
3,000 73 580 (2,420) 19.3%
3,000 73 580 (2,420) 19.3%
10,000 14,264 22,098 12,098 221.0%
1,200 2,896 4,487 3,287 373.9%
11,200 17,161 26,585 15,385 237.4%
1,100 0 263 (837) 23.9%
2,000 0 1,000 (1,000) 50.0%
4,200 0 0 (4,200) 0.0%
0 0 0 0 N/A
100,000 73,605 73,605 (26,395) 73.6%
129,185 30,663 30,663 (98,522) 23.7%
236,485 104,267 105,530 (130,955) 44.6%
Page: 4 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 19 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
. OTHER REVENUE
01-246 Road Impact fees
01-290 BCJPIA/State fund Ins. rebate
01-291 Microfilm Fee
01-292 Miscellaneous (See Notes Below)
01-294 Reimb. Publication
01-295 Election Candidate Fees
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance
TOTAL OTHER REVENUE
Notes to Miscellaneous (01-292) $283,600
01-292 Secured Grant for Annex Building
Project $198,600 (Budget)
01-292 Housing Element - Leap Grant
$65,000 (Budget)
01-292 Housing Element - Reap Grant
$20,000 (Budget)
TOTAL REVENUE
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
170,000 23,025 58,321 (111,679) 34.3%
500 0 0 (500) 0.0%
7,200 1,405 4,295 (2,905) 59.7%
85,000 0 0 (85,000) 0.0%
0 0 0 0 N/A
0 0 2,770 2,770 N/A
18,000 0 1,506 (16,494) 8.4%
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
280,700 24,430 66,892 (213,808) 23.8%
5,202,285 373,459 1,196,370 (4,005,915) 23.0%
Page: 5 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 20 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
EXPENDITURES
PERSONNEL
LAW ENFORCEMENT
CONSTRUCTION
GENERAL GOVERNMENT
MAINTENANCE
ADMINISTRATION
CITY ATTORNEY
BUILDING MAINTENANCE
EQUIPMENT AND IMPROVEMENT
BUILDING AND IMPROVEMENT
CITY AUDIT
ENGINEERING
SPECIAL DISTRICTS
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,506,832 97,768 442,639 (1,064,193) 29.4%
1,110,604 84,217 252,651 (857,953) 22.7%
1,000 0 761 (239) 76.1%
456,000 15,029 199,589 (256,411) 43.8%
975,000 20,846 52,503 (922,497) 5.4%
528,660 59,634 147,904 (380,756) 28.0%
249,550 9,875 18,855 (230,695) 7.6%
30,000 7,852 22,457 (7,543) 74.9%
89,600 2,855 14,738 (74,862) 16.4%
725,000 0 14,257 (710,743) 2.0%
54,600 715 2,642 (51,958) 4.8%
33,272 0 11,247 (22,025) 33.8%
2,980 224 494 (2,486) 16.6%
5,763,098 299,016 1,180,737 (4,582,361) 20.5%
0 (560,813) 74,443 15,633 576,445 -2.8%
Page: 6 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 21 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
EXPENDITURES
GENERAL GOVERNMENT
01-505 Council Trvl, Mtgs,Protocol
01-506 Youth Commission Programs
01-507 Community Interface
01-515 Council Memberships
01-520 Elections
01-521 Municipal Code Revision
01-522 Environmental Services
01-523 GIS Mapping
01-531 Disbursement SMIP
01-532 SB1473 (BSASRF)
01-533 Disbruse SB1186 Fees
01-535 Professional Services
01-540 Insurance & Bonding
01-545 Code Enforcement
01-550 Community Based Organizations
01-555 Emergency Services
01-560 Annexation
01-565 Legal Ads/Notices/Recording fees
01-570 General Plan Revise
01-575 Misc/Refunds
01-576 Sales Tax
01-585 Animal Control
TOTAL GENERAL GOVERNMENT
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,000 2,627 14,857 12,857 742.9%
3,000 0 0 (3,000) 0.0%
15,000 0 12,838 (2,162) 85.6%
2,000 0 0 (2,000) 0.0%
15,000 2,770 2,770 (12,230) 18.5%
3,000 0 0 (3,000) 0.0%
12,000 0 1,622 (10,378) 13.5%
15,000 0 0 (15,000) 0.0%
6,300 0 0 (6,300) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
215,000 2,675 21,732 (193,268) 10.1%
89,000 0 93,646 4,646 105.2%
0 6,958 12,163 12,163 N/A
20,000 0 21,000 1,000 105.0%
12,500 0 0 (12,500) 0.0%
0 0 0 0 N/A
10,000 0 3,009 (6,991) 30.1%
0 0 0 0 N/A
200 0 0 (200) 0.0%
0 0 0 0 N/A
36,000 0 15,952 (20,049) 44.3%
456,000 15,029 199,589 (256,411) 43.8%
Page: 7 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 22 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
PERSONNEL
01-605 Regular Full Time
01-615 Part Time
01-620 Long Term Disablity Ins
01-625 Retirement Employer
01-627 Retirement Employee
01-630 Health Insurance
01-635 Dental Insurance
01-642 Workers Comp. Insurance
01-645 Social Security
01-647 Medicare
01-650 Unemployment
01-660 Deferred Compensation
01-665 Benefits Allowance
TOTAL PERSONNEL
ADMINISTRATION
01-705 Office Utilities
01-710 Office Supplies
01-711 Postage
01-715 Office Equip Maintenance
01-718 Bank Fee Finance Charge
01-720 Communications
01-725 Reproduction/Printing
01-740 Mtgs/Trvl/Mileage reimb.
01-745 Publications/Memberships
01-755 Professional Services
01-765 Contract Services
01-770 Training
01-775 Miscellaneous
01-885 Horticultural/Arborist Services
01-999 City Mangers Revolving Account
TOTAL ADMINISTRATION
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,091,235 72,927 329,407 (761,828) 30.2%
0 0 0 0 N/A
0 0 0 0 N/A
95,593 6,198 29,513 (66,080) 30.9%
24,824 1,087 7,403 (17,421) 29.8%
135,177 7,273 32,127 (103,049) 23.8%
7,260 940 1,880 (5,380) 25.9%
8,400 0 2,398 (6,002) 28.6%
68,877 4,088 20,455 (48,423) 29.7%
16,143 1,088 4,916 (11,227) 30.5%
336 30 30 (306) 8.9%
38,586 2,637 7,910 (30,676) 20.5%
20,400 1,500 6,600 (13,800) 32.4%
1,506,832 97,768 442,639 (1,064,193) 29.4%
8,800 1,407 2,378 (6,422) 27.0%
14,580 4,449 11,995 (2,585) 82.3%
1,500 0 0 (1,500) 0.0%
40,760 1,841 3,732 (37,028) 9.2%
250 0 0 (250) 0.0%
24,300 791 14,488 (9,812) 59.6%
7,100 1,891 4,314 (2,786) 60.8%
19,700 610 5,641 (14,059) 28.6%
22,470 1,033 12,903 (9,567) 57.4%
0 0 0 0 N/A
361,000 45,746 87,119 (273,881) 24.1%
18,700 1,866 5,335 (13,365) 28.5%
0 0 0 0 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
528,660 59,634 147,904 (380,756) 28.0%
Page: 8 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 23 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
EQUIPMENT/IMPROVEMENTS
01-805 Office
01-810 Field
01-811 Computer, Hard/Software
TOTAL EQUIPMENT / IMPROVEMENTS
BUILDING/IMPROVEMENTS
01-814 Building Acquisition
01-815 Building Improvements
TOTAL EQUIPMENT / IMPROVEMENTS
Notes to Building Improvement (01-815) $725k
01-815 Annex Building Project $600,000
(Budget)
01-815 City Hall Retrofit Parking Lot
$125,000 (Budget)
LAW ENFORCEMENT
03-545 Police Services
01-546 Booking & CAL-ID
03-548 Disburse COPS grant funds
TOTAL LAW ENFORCEMENT
BUILDING MAINTENANCE
01-860 Building & Ground Maint
01-920 Building & Ground Const
TOTAL BUILDING MAINTENANCE
MAINTENANCE
01-845 Pavement Management Program
12-845 Pavement Management Program
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
12-865 Street Sweeping
25-850 Storm Drain Maintenance
TOTAL MAINTENANCE
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
15,000 0 0 (15,000) 0.0%
0 0 0 0 N/A
74,600 2,855 14,738 (59,862) 19.8%
89,600 2,855 14,738 (74,862) 16.4%
0 0 0 N/A
725,000 0 14,257 (710,743) 2.0%
725,000 0 14,257 (710,743) 2.0%
1,010,604 84,217 252,651 (757,953) 25.0%
0 0 0 0 N/A
100,000 0 0 (100,000) 0.0%
1,110,604 84,217 252,651 (857,953) 22.7%
30,000 2,852 12,837 (17,163) 42.8%
0 5,000 9,620 9,620 N/A
30,000 7,852 22,457 (7,543) 74.9%
310,000 0 0 (310,000) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
627,000 13,033 44,690 (582,310) 7.1%
12,000 0 0 (12,000) 0.0%
3,000 123 123 (2,877) 4.1%
11,000 0 0 (11,000) 0.0%
12,000 7,690 7,690 (4,310) 64.1%
975,000 20,846 52,503 (922,497) 5.4%
Page: 9 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 24 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-905 Traffic Safety Project
05-925 Traffic Safety Misc Bike/Ped Improv
12-915 Gas Tax Road Project
25-910 Storm Drain Project
TOTAL CONSTRUCTION
ENGINEERING
Mapping and Records System
12-875 Congestion Management
25-805 WV Clean Water Administration
TOTAL ENGINEERING
SPECIAL DISTRICTS
40-935 Loma Serena Lighting
50-945 Rose/Andrews Lighting
TOTAL SPECIAL DISTRICTS
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 0 0 0 N/A
0 0 0 0 N/A
0 0 0 0 N/A
0 0 761 761 N/A
0 0 0 0 N/A
1,000 0 0 (1,000) 0.0%
1,000 0 761 (239) 76.1%
0 0 0 0 N/A
0 0 0 0 N/A
33,272 0 11,247 (22,025) 33.8%
33,272 0 11,247 (22,025) 33.8%
2,040 177 354 (1,686) 17.4%
940 47 140 (800) 14.9%
2,980 224 494 (2,486) 16.6%
Page: 10 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 25 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
CITY ATTORNEY
01-425 Retainer
01-427 Litigation
01-430 City Attorney litigation
01-435 Mtg, Trv, Prot.
TOTAL CITY ATTORNEY
CITY AUDIT
01-470 Audit
12-472 Gas Tax Audit
01-480 Misc/Bank charges
TOTAL CITY AUDIT
TOTAL EXPENDITURES
NET SURPLUS / (DEFICIT)
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
84,550 9,391 16,536 (68,014) 19.6%
165,000 484 2,319 (162,681) 1.4%
0 0 0 0 N/A
0 0 0 0 N/A
249,550 9,875 18,855 (230,695) 7.6%
45,300 0 700 (44,600) 1.5%
3,000 0 0 (3,000) 0.0%
6,300 715 1,942 (4,358) 30.8%
54,600 715 2,642 (51,958) 4.8%
5,763,098 299,016 1,180,737 (4,582,361) 20.5%
(560,813) 74,443 15,633 576,445 -2.8%
Page: 11 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 26 of 119
THE CITY OF MONTE SERENO
REVENUES AND EXPENDITURES REPORT
FOR THE MONTH OF
October 2022
33.3% OF FY 2022-23 Adopted Budget
TOTAL FUND RESERVES
WARRANT CHECKING ACCOUNT
01-010 TOTAL WARRANT CHECKING
SAVINGS ACCOUNT
01-015 General
03-015 Law Enforcement
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
TOTAL SAVINGS
TOTAL DEMAND ACCOUNTS
LAIF GENERAL FUND ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
01-025 Subtotal Unrestricted Reserve
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
40-024 Loma Serena Lighting District
Subtotal Restricted Reserve
TOTAL GENERAL FUND RESERVE
TOTAL ALL FUNDS
FY 2022-23
Adopted Budget
CURRENT MONTH
October 2022
FY 2022-23 YTD
ACTUAL
FY 2022-23 YTD
vs. FY 2022-23 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
Actual Year End
Balances
June 30, 2022
117,450 9,499 148,493 31,042 126.4%
83,711 (72,338) (239,962) (323,673) -286.7%
241,391 73,605 108,522 (132,869) 45.0%
630 30,735 31,872 31,243 5060.8%
242,274 14,616 299,992 57,718 123.8%
69,524 0 69,524 0 100.0%
73 0 73 0 100.0%
2,805 121 2,950 145 105.2%
39 0 39 0 100.0%
640,447 46,739 273,010 (367,437) 42.6%
757,897 56,238 421,502 (336,395) 55.6%
647,671 14,264 669,769 22,098 103.4%
3,500,000 0 3,500,000 0 100.0%
500,000 0 500,000 0 100.0%
200,000 0 200,000 0 100.0%
0 0 0 0 N/A
4,847,671 14,264 4,869,769 22,098 100.5%
0 0 0 0 N/A
131,506 2,896 135,993 4,487 103.4%
21,000 0 21,000 0 100.0%
27,043 0 27,043 0 100.0%
6,751 0 6,751 0 100.0%
186,300 2,896 190,787 4,487 102.4%
5,033,970 17,161 5,060,556 26,585 100.5%
5,791,868 (309,810) 5,482,058 (309,810) 94.7%
Page: 12 of 12 File: REVENUE AND EXPENDITURES MONTHLY REPORT 2022 10 31 (Final 01-04-2023) Page 27 of 119 1 | P a g e
Significant Revenue and Expenditures Narrative
October 2022
33.3% of FY 2022-23 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Revenues $1.2 Million (23.0% of FY 2022-23 Adopted Budget FULL YEAR) - Property Tax $110.1 Thousand, 4.7% of FY 2022-23 Adopted Budget FULL YEAR: Received Supplementary Property Tax SB-813 ($4.6k) and Unsecured Property tax ($90.6k).
- Licenses and Permits $309.3 Thousand, 33.8% of FY 2022-23 Adopted Budget FULL YEAR: In October, processed 9 business licenses and received $105.6k in construction permits including major projects on SaratogaLos Gatos Rd ($64.6k); Via Pinto ($13.4k); Twin Creeks Rd ($6k), El Rancho Ave ($5.6k) and Chadbourne Ln ($5.2k).
- Franchise Fees $69.7 Thousand, 22.5% of FY 2022-23 Adopted Budget FULL YEAR: Received $5.5k franchise fees from West Valley Collection
- Intergovernmental $105.5 Thousand, 44.6% of FY 2022-23 Adopted Budget FULL YEAR: In October 2022, received FY 2021-22 COPS ELEAS Growth ($65.3k), FY 2023 COPS ELEAS pass-thru for August 2022 ($8.3k), VRF Local Road FY 2022 from Santa Clara VTA ($20.1k) and Measure B reimbursement from Santa Clara VTA ($10.5k).
- Other Revenues $66.9 Thousand, 23.8% of FY 2022-23 Adopted Budget FULL YEAR: Received $23.0k Road Impact Fees from projects on Saratoga-Los Gatos rd, Karl Ave, Chadborne Ln, Kavin Ln, and El Rancho Ave. - Gas Tax $57.7 Thousand, 30.2% of FY 2022-23 Adopted Budget FULL YEAR: Received Gas Tax revenue ($8.1k) and SB-1 revenue ($6.5k).
- Real Property Tax $37.2 Thousand, 25.7% of FY 2022-23 Adopted Budget FULL YEAR: In October 2022.
Received $7.9k in real property transfer tax.
- Sales and Use Tax $2.9 Thousand, 24.0% of FY 2022-23 Adopted Budget FULL YEAR: Received ($543) sales tax from Board of Equalization in October 2022.
- Federal Relief Funds and Other $409.9 Thousand, 53.1% of FY 2022-23 Adopted Budget Full Year:
Received $409.9k Corona Virus Fiscal Recovery 2021 Budget Act. - Investment Income/Interest $26.6 Thousand, 237.4% of FY 2022-23 Adopted Budget FULL YEAR:
Received LAIF investment interest $17.2k for last quarter ending September 30, 2022.
2 | P a g e
Significant Revenue and Expenditures Narrative
October 2022
33.3% of FY 2022-23 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Expenditures $1.2 Million, 20.5% of FY 2022-23 Adopted Budget FULL YEAR - Personnel $442.6 Thousand, 29.4% of FY 2022-23 Adopted Budget FULL YEAR: Slightly below budget with delayed hiring of combined Building Inspector/Enforcement Officer position – Filled October 17, 2022 by Alan Cunningham. City Engineer resigned September 30, 2022 and City Clerk resigned October 14, 2022. - Law Enforcement $252.7 Thousand, 22.7% of FY 2022-23 Adopted Budget FULL YEAR: Paid monthly police services ($84.2k).
- Construction $761, 76.1% of FY 2022-23 Adopted Budget FULL YEAR: No activity in October 2022. Paid ($761) for Monte Sereno Bicycle Pedestrian Master Plan (CIP-2022-F) October 2022 YTD. - General Government $199.6 Thousand, 43.8% of FY 2022-23 Adopted Budget FULL YEAR: In October, reimbursed Council Member Ellahie for attending Conference ($2.0k) and refunded Election application fees ($2.8k). Reimbursed Council Member Turner for attending Conference ($645). Paid Dicar Networks for monthly maintenance of office computers and IT support ($1.6k) and CSG Consultants for Code Enforcement services ($7.0k)
- Maintenance $52.5 Thousand, 5.4% of FY 2022-23 Adopted Budget FULL YEAR: In October, paid Prime Tree Care to remove large tree and debris on City Streets ($7.7k), Apex Asphalt Paving to remove and install asphalt ($7.7k) and TL Engineering to prepare 100% PS&E ($5.3k). - Administration $147.9 Thousand, 28.0% of FY 2022-23 Adopted Budget FULL YEAR: In October, paid for Plan Check Consultant services for the period June 25, 2022 through September 21, 2022 ($38.9k), and CSG Consulting for Building Inspector Consultant ($6.8k).
- City Attorney $18.9, 7.6% of FY 2022-23 Adopted Budget FULL YEAR: In October, paid $9.4k for City Attorney Services.
- Building Maintenance $22.5 Thousand, 74.9% of FY 2022-23 Adopted Budget FULL YEAR: Paid $1.4k for Landscape maintenance at City Hall, Janitorial services $466 and GKW Architects $5k for work on the Annex Building project.
- Equipment / Improvements $14.7 Thousand, 16.4% of FY 2022-23 Adopted Budget FULL YEAR: Paid ($2.9k) for various software licensing fee renewal.
.
CHECKING AND SAVINGS ACCOUNT REPORT For the period ending October 31, 2022
October 31, 2022 September 30, 2022 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $365,263.90 $572,127.87 ($206,863.97) Receipts and Interest Earned
Receipts for the period 356,627.77 $175,871.82 $180,755.95 In October 2022, received Unsecured Property Tax ($90.6k); FY 2021-22 COPS ELEAS Growth ($65.3k); VRF Local Road FY 2022 from Santa Clara VTA ($20.1k); Measure B reimbursement from Santa Clara VTA ($10.5k); FY 2023 COPS ELEAS pass-thru for August 2022 ($8.3k); Property Transfer Tax ($7.9k) and Permit Fees from major projects on Saratoga-Los Gatos Rd ($64.6k); Via Pinto ($13.4k); Twin Creeks Rd ($6k), El Rancho Ave ($5.6k) and Chadbourne Ln ($5.2k).
Investment receipts during the period $0.00
Interest earned $0.00
Total Receipts and Interest Earned $356,627.77 $175,871.82 $180,755.95 Less: Disbursements
Cash disbursements during the period $259,283.74 $328,057.22 ($68,773.48) In October 2022, paid Police Services ($84.2k), net payroll checks to City Staff ($54.0k), Alana Consulting for Plan Checks ($38.9k), CSG Consulting for Building Inspector ($6.8k) and Code Enforcement Services ($7.0k), Burke, Williams & Sorensen for legal services ($9.5k), Prime Tree Care to remove large tree and debris on City Streets ($7.7k), Apex Asphalt Paving to remove and install asphalt ($7.7k) and TL Engineering to prepare 100% PS&E ($5.3k).
Invested during the period $0.00 $0.00 $0.00
GASB 68 Report & SSA fee $0.00 $0.00 $0.00
EFT(PERS retirement) $11,044.10 $13,558.36 ($2,514.26)
EFT (payroll taxes) $17,430.85 $26,569.42 ($9,138.57)
EFT (PERS health) $8,287.02 $8,287.02 $0.00
EFT (EDD payroll taxes) $4,343.59 $6,263.77 ($1,920.18) Bank fees $0.00
Total Disbursements $300,389.30 $382,735.79 ($82,346.49) ENDING BALANCE $421,502.37 $365,263.90 $56,238.47
BALANCE IN DEMAND ACCOUNTS
Checking $148,492.72 $138,993.28 $9,499.44
Savings $273,009.65 $226,270.62 $46,739.03
TOTAL DEMAND ACCOUNTS $421,502.37 $365,263.90 $56,238.47
FUND DISTRIBUTION IN DEMAND ACCOUNTS
General ($91,469.68) ($28,631.27) ($62,838.41) Refer to detail above for cash disbursements.
Law Enforcement $108,521.72 $34,917.14 $73,604.58 Net transfer from 03-015 to 01-015 for payment of COPS Grant pass-thru ($41.7k).
Traffic Safety $31,872.42 $1,137.11 $30,735.31
Gas Tax (2107) $299,992.01 $285,376.41 $14,615.60 Received Gas Tax Revenue ($8.8k) and SB-1 Revenue ($6.4k) Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $2,950.35 $2,828.96 $121.39
Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $421,502.37 $365,263.90 $56,238.47
City Engineer resigned September 30, 2022 plus City Clerk resigned October 14, 2022 resulting in lower federal and state payroll taxes along with reduced CalPERS retirement contribution.
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
October 31, 2022
ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT
Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits
(OPEB)
01-025 Subtotal Unrestricted Reserves
05-025 Trafffic Safety
12-025 2107 GAS TAX
25-025 Storm Drain
30-025 Surety Trust
Building Fund
40-024 Loma Serena Ltg.
Subtotal Restricted Reserve
Total General Fund Reserve -
LAIF
9/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
10/31/2022 Comments
655,504.51 14,264.49 669,769.00
3,500,000.00 3,500,000.00
500,000.00 500,000.00 Received total interest $17,160.82 for the period July 1, 2022 through September 30, 2022
200,000.00 200,000.00
0.00 0.00
4,855,504.51 14,264.49 0.00 0.00 4,869,769.00
0.00 0.00
133,096.76 2,896.33 135,993.09 Received total interest $17,160.82 for the period July 1, 2022 through September 30, 2022
21,000.00 21,000.00
27,042.53 27,042.53
0.00 0.00
6,751.00 6,751.00
187,890.29 0.00 0.00 0.00 190,786.62
5,043,394.80 17,160.82 0.00 0.00 5,060,555.62
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
October 31, 2022
ALL FUNDS REPORT
SAVINGS ACCOUNT #5508
01-015 General
03-015 Law Enforecment
05-015 Traffic Safety
12-015 Gas Tax (2107)
25-015 Storm Drain
30-015 Surety Trust
40-015 Loma Serena Ltg.
50-015 Rose/Andrews Ltg
Total
WARRANT CHECKING ACCOUNT #2153
01-010 Total
Total All Funds
9/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
10/31/2022 Comments
(167,624.55) 237,550.89 (309,888.74) (239,962.40)
In October 2022, received Unsecured Property Tax
($90.6k); Property Transfer Tax ($7.9k) and Permit Fees from major projects on Saratoga-Los Gatos Rd ($64.6k);
Via Pinto ($13.4k); Twin Creeks Rd ($6k), El Rancho Ave ($5.6k) and Chadbourne Ln ($5.2k).
34,917.14 73,604.58 108,521.72
In October 2022, received FY 2021-22 COPS ELEAS
Growth ($65.3k) and FY 2023 COPS ELEAS pass-thru for
August 2022 ($8.3k).
1,137.11 30,735.31 31,872.42
In October 2022, received VRF Local Road FY 2022 from
Santa Clara VTA ($20.1k) and Measure B reimbursement
from Santa Clara VTA ($10.5k).
285,376.41 14,615.60 299,992.01 Received Gas Tax revenue ($8.1k) and SB-1 revenue ($6.5k)
69,523.86 0.00 69,523.86
72.75 0.00 72.75
2,828.96 121.39 2,950.35 In October, received $119 unsecured property taxes.
38.94 0.00 38.94
226,270.62 356,627.77 (309,888.74) 0.00 273,009.65
138,993.28 (300,389.30) 309,888.74 148,492.72
In October 2022, paid Police Services ($84.2k), net payroll checks to City Staff ($54.0k), Alana Consulting for Plan Checks ($38.9k), CSG Consulting for Building Inspector
($6.8k) and Code Enforcement Services ($7.0k), Burke,
Williams & Sorensen for legal services ($9.5k), Prime Tree Care to remove large tree and debris on City Streets ($7.7k), Apex Asphalt Paving to remove and install asphalt ($7.7k) and TL Engineering to prepare 100% PS&E ($5.3k).
5,408,658.70 73,399.29 0.00 0.00 5,482,057.99
NOTES:
Interest is deposited directly to LAIF account. This monthly report is in compliance with the City's investment policy and demonstrates the City's ability to meet its expenditure requirements for the next six months.
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Approve the attached response letter to the Santa Clara County Civil Grand Jury Final Report, "Show Me the Money: Financial Transparency Needed."
Recommendation(s):
Staff recommends that the City Council consider and approve the attached response letter to the Santa Clara County Civil Grand Jury Final Report, "Show Me the Money: Financial Transparency Needed."
Background Information:
On December 14, 2022, the 2022 Civil Grand Jury of Santa Clara County released a report on the financial reporting of local jurisdictions. The Grand Jury Report states that the City does not comply with monthly reporting required by the City treasurer required under Government Code section 41004.
Analysis:
Pursuant to Penal Code sections 933 and 933.05, the Grand Jury requires a response from the City of Monte Sereno. Penal Code section 933(c) requires the City Council to provide a response within 90 days of receipt.
The City must respond to the following findings and recommendations:
Finding 7
The City of Monte Sereno does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 7
The City of Monte Sereno should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
California Penal Code Section 933.05 mandates specific requirements for responding to grand jury reports. The governing body of a public agency must respond within 90 days from the
release of the report to the public. Penal Code section 933(c). State law prescribes the format of the response, and requires that for responses to findings, the City Council must select one of three options:
1. Respondent agrees with finding,
2. Respondent disagrees wholly with finding or
3. Respondent disagrees partially with finding.
If the City uses option 2 or 3 then the response must specify the portion of the disputed finding along with a clear explanation.
For responding to recommendations, the format for responding and response options are:
1. Recommendation has been implemented
2. Recommendation has not been implemented but will be implementing noting a timeframe
3. Recommendation requires further analysis or study noting a timeframe not to exceed six months from date Grand Jury Report was issued
4. Recommendation will not be implemented because it is not warranted or reasonable, with an explanation.
The City’s Finance director currently produces four monthly reports containing all of the information required by Government Code section 41004:
1. Revenues and Expenditures Monthly Report,
2. Significant YTD Variances to Budget Narrative Report,
3. LAIF Investment Monthly Report (which includes balance information for all City Funds including checking and savings accounts), and
4. Treasurer’s Report (which includes disbursement information for all accounts).
Moving forward, staff propose to consolidate all of these written reports into a single agenda item named “Treasurer’s Report.” Staff recommend approval of the attached letter as the City’s response to the Grand Jury.
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:
Letter Received from the Grand Jury - Date December 14, 2022 "Show Me the Money - Financial Transparency Needed" Final Report
Draft Letter
SUPERIOR COURT BUILDING • 191 NORTH FIRST STREET, SAN JOSE, CALIFORNIA 95113 • (408) 882-2721 • FAX (408) 882-2795
G R A N D J U R Y S A N T A C L A R A C O U N T Y
December 14, 2022
Ms. Gloisy Gonzalez-Langarica
City Clerk, City of Monte Sereno
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030
Sent via email: [email protected]
Dear Ms. Gonzalez-Langarica,
The 2022 Santa Clara County Civil Grand Jury is transmitting to you its Final Report, Show Me the Money: Financial Transparency Needed.
California Penal Code § 933(c) requires that a governing body of the particular public agency or department that has been the subject of a Grand Jury final report shall respond within 90 days to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. California Penal Code § 933.05 contains guidelines for responses to Grand Jury findings and recommendations and is attached to this transmission.
Please note:
1. As stated in Penal Code § 933.05(a), attached, you are required to "Agree" or "Disagree" with each applicable Finding: 7. If you disagree, in whole or part, you must include an explanation of the reasons you disagree.
2. As stated in Penal Code § 933.05(b), attached, you are required to respond with one of four possible actions to each applicable Recommendation: 7.
Your comments are due to the office of the Honorable Beth McGowen, 2023 Presiding Judge, Superior Court of California, County of Santa Clara, 191 North First Street, San José, CA 95113, no later than March 14, 2023. Copies of all responses shall be placed on file with the Clerk of the Court.
If you have any questions, please contact Britney Huelbig, Deputy Manager for the Civil Grand Jury, at (408) 882-2721 or [email protected].
Sincerely,
Karen Enzensperger
Foreperson
2022 Civil Grand Jury
Enclosures
cc: Steve Leonardis, City Manager, City of Monte Sereno
§ 933.05. Responses to findings, West's Ann.Cal.Penal Code § 933.05 © 2019 Thomson Reuters. No claim to original U.S. Government Works. 1 California Statutes Annotated - 2018
West's Annotated California Codes
Penal Code (Refs & Annos)
Part 2. Of Criminal Procedure (Refs & Annos)
Title 4. Grand Jury Proceedings (Refs & Annos)
Chapter 3. Powers and Duties of Grand Jury (Refs & Annos) Article 2. Investigation of County, City, and District Affairs (Refs & Annos) West's Ann.Cal.Penal Code § 933.05
§ 933.05. Responses to findings
Currentness
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall
§ 933.05. Responses to findings, West's Ann.Cal.Penal Code § 933.05 © 2019 Thomson Reuters. No claim to original U.S. Government Works. 2 respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
Credits
(Added by Stats.1996, c. 1170 (S.B.1457), § 1. Amended by Stats.1997, c. 443 (A.B.829), § 5.)
HISTORICAL AND STATUTORY NOTES
2008 Main Volume
Stats.1997, c. 443 (A.B.829), in subds. (a) and (b), in the introductory paragraphs, substituted “(b)” for “(c)”; in subd. (b)(3), substituted “head” for “director”; in subd. (c), inserted “agency or” throughout; inserted subd. (e), relating to investigations and meetings with the grand jury; and, in subd. (f), substituted “presiding” for “supervising”.
CROSS REFERENCES
Grand jury defined, see Penal Code § 888.
Words and phrases, “county”, see Penal Code § 691.
RESEARCH REFERENCES
Encyclopedias
Cal. Jur. 3d Criminal Law: Pretrial Proceedings § 716, Recommendations and Reporting.
Cal. Jur. 3d Criminal Law: Pretrial Proceedings § 717, Responses to Findings.
Treatises and Practice Aids
Witkin, California Criminal Law 4th Introduction to Criminal Procedure § 43, Reports.
West's Ann. Cal. Penal Code § 933.05, CA PENAL § 933.05 Current with all 2017 Reg.Sess. laws.
(C) 2017 Thomson Reuters. No Claim to Orig. US Gov. Works.
§ 933.05. Responses to findings, West's Ann.Cal.Penal Code § 933.05 © 2019 Thomson Reuters. No claim to original U.S. Government Works. 3 End of Document © 2019 Thomson Reuters. No claim to original U.S. Government Works.
Release date here Page 0 of 22
SHOW ME THE MONEY:
FINANCIAL TRANSPARENCY NEEDED
2022 Santa Clara County
Civil Grand Jury
December 14, 2022
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
TABLE OF CONTENTS
GLOSSARY AND ABBREVIATIONS ...................................................................................... 2 SUMMARY ................................................................................................................................... 3 BACKGROUND ........................................................................................................................... 4 METHODOLOGY ....................................................................................................................... 5 INVESTIGATION........................................................................................................................ 6 CONCLUSION ........................................................................................................................... 11 FINDINGS AND RECOMMENDATIONS ............................................................................. 12 REQUIRED RESPONSES......................................................................................................... 15 APPENDIX ................................................................................................................................. 16 REFERENCES............................................................................................................................ 19
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
GLOSSARY AND ABBREVIATIONS
Government Code, Section
41004
California Government Code section 41004 states:
“Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and
accounting of all receipts, disbursements, and fund
balances. The city treasurer shall file a copy with the legislative body.”
Treasurer’s Reports The reports required by Government Code section 41004 may have various styles and titles. For purposes of this report, the Civil Grand Jury will refer to these reports throughout as "treasurer's reports."
Charter City Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides that the charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, grants to charter cities the ability to govern over "municipal affairs."
There are six charter cities in Santa Clara County: San José, Palo Alto, Santa Clara, Sunnyvale, Gilroy, and
Mountain View.
General Law City A general law city may only have a form of government authorized by state general law. A city that has not
adopted a charter is bound by the state’s general laws even with respect to municipal affairs.
There are nine general law cities and towns in Santa Clara County: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, Monte Sereno, Cupertino, Saratoga and
Morgan Hill. The scope of this investigation is limited to general law cities.
GAAP Generally Accepted Accounting Principles: a set of accounting rules and standards established by the
accounting industry.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
SUMMARY
General law cities in California are required to comply with California Government Code section 41004 (Section 41004), which states, “at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body.” The benefit of the law is to ensure financial accountability and public transparency as well as to foster better fiscal affairs. Treasurer's reports provide city councils with timely and accurate financial information necessary to make reliable and sound decisions.
The 2022 Santa Clara County Civil Grand Jury (Civil Grand Jury) found that there is widespread noncompliance with this state requirement throughout Santa Clara County (County) by the general law cities. As of the date of this report, six of the nine general law cities1 in the County are noncompliant with this state law: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno. Additionally, the City of Cupertino was initially noncompliant until the city took corrective action during the Civil Grand Jury’s investigation. The City of Saratoga and City of Morgan Hill were the only two cities compliant prior to the investigation.
Based on responses from city officials, the Civil Grand Jury determined that there is a widespread misunderstanding among these general law cities in the County regarding Section 41004 reporting requirements. The Civil Grand Jury recommends that the noncompliant cities – Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno – comply with Section 41004. 1 The Town of Los Altos Hills and the Town of Los Gatos are general law cities.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
BACKGROUND
The State Legislature established the office of city treasurer by enactment of California Government Code, Title 4 - Government of Cities, Division 3 - Other Officers, Chapter 3 - City Treasurer. The statutory duties for city treasurers may generally be found in the following sections:
Section 41001: The city treasurer shall receive and safely keep all money the treasurer receives.
Section 41002: (a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in their possession; and (b) if the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.
Section 41003: The city treasurer shall pay out money only on warrants signed by legally designated persons.
Section 41004: Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body.
Pursuant to California Government Code section 36502, the city treasurer is an elective office.
California Government Code section 36508 and California Elections Code section 9222 permit cities to submit to the electors the question of whether the city treasurer position should be an appointive office. In that instance, the financial duties assigned by the state statutes to the city treasurer are transferred from an elected treasurer to an appointed officer if approved by the electorate. Only one general law city in the County, Morgan Hill, continues to have an elected city treasurer, who serves for four years. All other cities in the County have opted to assign city treasurer duties to senior administrative staff.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
METHODOLOGY
Upon receiving a complaint regarding Government Code section 41004 noncompliance in Cupertino, the Civil Grand Jury decided to expand the investigation to review all nine general law cities in the County: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, Monte Sereno, Cupertino, Saratoga, and Morgan Hill. From March to August 2022, the Civil Grand Jury began the process by polling these Cities to determine if they produced treasurer’s reports.
The Civil Grand Jury took the following steps:
• Contacted a total of 22 officials across nine cities who were responsible for tasks relevant to the topic of this report.
• Reviewed relevant sections of the California Government Code, California Elections Code, and examined the ordinances, policies, and memos of each city relevant to their city treasurer duties.
• Reviewed published city council and city committee agendas relevant to Section 41004. • Reviewed other relevant city documents, including but not limited to financial audits, city organizational charts, and relevant job descriptions.
• Verified the six most recent treasurer’s reports of each city, if submitted.
The Civil Grand Jury inspected the contents of each report to verify the inclusion of the required elements: monthly disbursements, receipts, and fund balances. The Civil Grand Jury also determined whether the reports were published at least once each month to be compliant with Section 41004.
It should be noted that most cities do not call their report “Treasurer’s Report.” Appendix A provides links to examples of compliant Section 41004 reports, showcasing variations in terms of report name, style, layout, and appearance.
The Civil Grand Jury used the 2011-2012 Solano County Civil Grand Jury report entitled “City Treasurer Functional Review” as a reference for this report.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
INVESTIGATION
All interviews and email correspondence were designed to determine if general law cities complied with Section 41004. To be deemed compliant, a city must produce a financial document at least once each month that details all of the following: monthly disbursements, receipts, and fund balances – and must be filed with the legislative body. Six months of reports were requested to verify an existing track record. Data collection and verification took place from March to July 2022.
The results of this investigation are depicted in Table 1 below.
Table 1. Section 41004 Compliance Among Nine General Law Cities City/Town Compliant Noncompliant
Los Altos X
Los Altos Hills X
Los Gatos X
Milpitas X
Campbell X
Monte Sereno X
Cupertino X*
Saratoga X
Morgan Hill X
*During the investigation, Cupertino started complying with Section 41004.
There are a number of reasons for cities’ noncompliance:
• Some cities were under the impression that the Section 41004 mandate was a discretionary guideline.
• Others adopted the practice of other cities that did not produce the requisite monthly reports.
However, the primary error among the cities was that they produced abbreviated reports that omitted required information such as receipts, disbursements, and fund balances. Some of the deficient reports lacked substance, with abbreviated information presented without context or details.
The Civil Grand Jury believes there is no fiscal impact involved in complying with Section 41004.
Outside resources should not be required since existing staff already make some financial reports, collect this type of data, and should be able to produce treasurer’s reports. Therefore, each of the deficient cities can be compliant with minimal effort or burden.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
Noncompliant Cities and Towns
Los Altos
The City of Los Altos does not have an elected city treasurer. Further, the Los Altos Municipal Code does not specifically state which official performs the duties of a city treasurer. Los Altos Municipal Code Section 2.01.060, however, provides that the city manager is the administrative head of the city and is specifically empowered “keep the council at all times fully advised as to the financial condition and needs of the city.” In the City of Los Altos, monthly treasurer’s reports are not prepared and submitted to the city clerk in accordance with Section 41004.
At the time of the Civil Grand Jury inquiry in June 2022, the City of Los Altos did not submit any treasurer’s reports. According to the City of Los Altos, Government Code section 37208 indemnified them from the Section 41004 mandate. However, the language of Government Code Section 37208 refers to payroll warrants or checks and makes no mention of the reporting required by Section 41004, which requires a report of “receipts, disbursements and general fund balances.” Moreover, the language of Government Code Section 37208 neither excuses a city from complying with Section 41004 nor makes any reference to Section 41004.
Further, the city erroneously noted that its Generally Accepted Accounting Principles (GAAP) policy on financial reporting excused noncompliance with Section 41004 reporting requirements.
In 2015, the city adopted a “Financial Policy” that reads in part, “The city’s accounting and financial reports are to be maintained in accordance with GAAP.” GAAP accounting does not address the Section 41004 mandated requirements.
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
The Civil Grand Jury determined that the City of Los Altos does not produce treasurer’s reports and thus is noncompliant.
Los Altos Hills
The Town of Los Altos Hills does not have an elected city treasurer. The town’s Municipal Code is silent on who performs the duties of the treasurer; however, the Civil Grand Jury learned that the treasurer responsibilities fall to the director of administrative services.
The Civil Grand Jury received monthly treasurer’s reports in June 2022. Upon inspection, however, they contained only disbursements and lacked receipts as well as fund balances; thus the reports are incomplete and noncompliant.
Los Gatos
The Town of Los Gatos does not have an elected city treasurer. The town’s Municipal Code Section 2.30.035 delegates the responsibility of the treasurer and the ability to assign those duties to the town manager. The director of finance is responsible for the town’s financial matters. The Town of Los Gatos produces quarterly reports, not monthly reports as required by Section 41004.
While the disbursements, receipts, and fund balances are in the reports, they must be published at least once each month to comply with Section 41004. Because the production intervals are quarterly, the Town of Los Gatos is not in compliance.
Milpitas
The City of Milpitas does not have an elected city treasurer. Milpitas Municipal Code section VI1-3.02 vests the duties of a city treasurer with the city manager, who is empowered to appoint a city treasurer pursuant to Section VI-1-3.04. In the City of Milpitas, the finance director produces weekly disbursement reports, quarterly receipt and investment reports for the general and special districts’ funds, and annual reports for all other reporting.
At the time of inquiry in June 2022, the Civil Grand Jury noted well-prepared reports. However, the frequency of report submission does not meet Section 41004 criteria, which requires monthly reports. Reports showing all receipts, disbursements, and fund balances must be filed with the city clerk at least once each month. Due to submission infrequency, the City of Milpitas is not in compliance.
Campbell
In November of 2010, voters in the City of Campbell approved Measure O, which changed the office of the city treasurer (and city clerk) from an elected to an appointed office. The City of
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
Campbell’s Municipal Code is silent on who has officially assumed those duties.2 The Civil Grand Jury learned that the city’s finance director has the responsibilities of a treasurer and oversees the preparation of financial reports. The reports are prepared by the accounting clerk, reviewed by the finance manager and the finance director, and approved by the city manager for inclusion in the council packet.
At the time of inquiry in June 2022, 21 reports were submitted. The submitted documents had no payroll records and accounts payable balances with paid or disbursed funds. Additionally, the required information was not published at least once each month.
The City of Campbell’s submitted reports do not comply with Section 41004 because disbursements, receipts, and balances are not filed at least once each month.
Monte Sereno
The City of Monte Sereno does not have an elected city treasurer. The Monte Sereno Municipal Code section 2.04.010 designates the city manager as the director of finance and tasks the city manager with “performing all duties of City treasurer as set forth in Government Code sections 41000 et seq.” At the time of inquiry in June 2022, six treasurer’s reports were received by the Civil Grand Jury. While the reports did contain the required fund balances, the receipts and disbursements were not compliant with the Section 41004 requirement.
Compliant Cities
Cupertino
The City of Cupertino does not have an elected city treasurer. The City of Cupertino’s Municipal Code section 2.24.030 states:
The treasurer shall make monthly reports which conform to the requirements of Government Code Section 41004. Said reports shall be delivered to the City Council, city manager and made available for review by such other persons who may so request.
Until 2022, no staff member for the City of Cupertino had been preparing and delivering a monthly treasurer’s report to the Cupertino City council. However, during the Civil Grand Jury's 2 The City of Campbell’s Municipal Code does not appear to have been updated. The City of Campbell’s Municipal Code section 2.08.010 still states that the elected officers shall be those designated by general laws, which includes a city treasurer. Further, the code has other references to an elected city treasurer. (See Sections 2.16.040 [city treasurer compensation] and 2.16.010 [establishment of salaries].)
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investigation, the belated monthly treasurer’s reports for January and February 2022 were published and placed on the Cupertino Audit Committee agenda.
The Civil Grand Jury recognizes the action taken by the City of Cupertino as soon as it was brought to their attention. The City of Cupertino is now compliant with Section 41004 as of March 2022, despite the stated history of not submitting the required reports.
Saratoga
The City of Saratoga does not have an elected city treasurer. The City of Saratoga Municipal Code section 2-20.035 states that the city manager shall serve as the city treasurer and be responsible for “other duties and responsibilities as required by law to be performed by the City Treasurer.” Thus, the city manager is responsible for the preparation and submission of monthly treasurer’s reports.
The Civil Grand Jury verified in June 2022 that regular monthly treasurer’s reports are filed with the City of Saratoga and are fully compliant with Section 41004. These reports can also be found by the public on the city’s website. An example is shown in Appendix A.
Morgan Hill
The City of Morgan Hill has an elected city treasurer. The treasurer, in conjunction with the finance director, prepares the treasurer’s reports.
The Civil Grand Jury verified in June 2022 that regular monthly treasurer’s reports are produced.
The reports contain all the required components of disbursements, receipts, and fund balances.
Thus, the City of Morgan Hill is compliant with Section 41004. A compliant Morgan Hill treasurer’s report is shown in Appendix A.
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CONCLUSION
Within the County, there is widespread noncompliance with California Government Code section 41004 by the general law cities. The Civil Grand Jury commends the cities of Saratoga and Morgan Hill for being in full compliance and notes the City of Cupertino’s quick action to become compliant. The Civil Grand Jury recommends that the noncompliant cities of Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno comply with Section 41004. This is to be done by producing treasurer’s reports at least once each month containing the required disbursements, receipts, and fund balance information. The benefit of implementing this recommendation overshadows any limited cost impact since existing staff could compile the report. In short, there is great benefit in producing these reports, as they improve financial transparency to the residents of the cities.
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FINDINGS AND RECOMMENDATIONS
It is recommended that noncompliant cities start producing treasurer’s reports as required by law.
Some cities produce abbreviated information that does not include requisite financial information as defined in state Government Code section 41004. Some cities produce requisite reports, but not on a monthly basis.
Finding 1
The City of Los Altos is not submitting monthly treasurer’s reports in compliance with California Government Code section 41004.
Recommendation 1
The City of Los Altos should comply with Government Code section 41004 by submitting monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances and by filing those reports with the city. This recommendation should be implemented by March 15, 2023.
Finding 2
The City of Los Altos does not produce treasurer’s reports in compliance with California Government Code section 41004. The reason provided for non-compliance was that the City of Los Altos’ financial policy does not require the preparation and submission of treasurer’s reports.
It is an erroneous belief that internal policies excuse compliance with Government Code section 41004.
Recommendation 2
The City of Los Altos should amend its financial policy to require that monthly treasurer’s reports be prepared and submitted in accordance with California Government Code section 41004 by March 15, 2023.
Finding 3
The Town of Los Altos Hills produces monthly treasurer’s reports but the content of those reports lacks monthly disbursements, receipts, and fund balancesrequired by California Government Code section 41004.
Recommendation 3
The Town of Los Altos Hills should update their existing monthly reports to include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 4
The Town of Los Gatos produced reports that contain the required content but does not produce the treasurer’s reports on a monthly basis as required by California Government Code section 41004.
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Recommendation 4
The Town of Los Gatos should produce its reports on a monthly basis to comply with California Government Code section 41004 by March 15, 2023.
Finding 5
The City of Milpitas does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 5
The Civil Grand Jury recommends that the City of Milpitas comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 6
The City of Campbell does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 6
The City of Campbell should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 7
The City of Monte Sereno does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 7
The City of Monte Sereno should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 8
When the Civil Grand Jury began this investigation, the City of Cupertino was not in compliance with California Government Code section 41004. However, starting in March 2022, the City of Cupertino began producing treasurer’s reports compliant with Section 41004.
Recommendation 8
The City of Cupertino should maintain compliance with California Government Code section 41004. Continued compliance is recommended.
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Finding 9
The Civil Grand Jury commends the City of Saratoga for producing monthly treasurer’s reports that include disbursements, receipts, and fund balances. The City of Saratoga is in full compliance with California Government Code section 41004.
Recommendation 9
No recommendation.
Finding 10
The Civil Grand Jury commends the elected city treasurer for producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances. The City of Morgan Hill is in full compliance with California Government Code section 41004.
Recommendation 10
No recommendation.
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REQUIRED RESPONSES
Pursuant to California Penal Code section 933(b) et seq. and California Penal Code section 933.05, the Civil Grand Jury requests responses from the following governing bodies:
Responding Agency Findings Recommendations
City of Los Altos 1, 2 1, 2
Responding Agency Findings Recommendations
Town of Los Altos Hills 3 3
Responding Agency Findings Recommendations
Town of Los Gatos 4 4
Responding Agency Findings Recommendations
City of Milpitas 5 5
Responding Agency Findings Recommendations
City of Campbell 6 6
Responding Agency Findings Recommendations
City of Monte Sereno 7 7
Responding Agency Findings Recommendations
City of Cupertino 8 8
Responding Agency Findings Recommendations
City of Saratoga 9
Responding Agency Findings Recommendations
City Treasurer of Morgan Hill 10
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APPENDIX A: EXAMPLES OF COMPLIANT TREASURER’S
REPORTS
On the following pages are two examples of monthly treasurer’s reports that contain the required disbursements, receipts, and starting and ending fund balances and are therefore compliant with California Government Code section 41004. They are included to show that there are various names and formats that the reports may take. Following the examples are links to the full reports for ease of access.
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Example 1. Page 3 of 7 from Saratoga August 2022 Treasurer’s Report https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/1578630/Treasurer_Report_for_August_ 2022.pdf
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Example 2. Page 12 of 21 from Morgan Hill March 2022 Financial and Investment Report https://www.morgan-hill.ca.gov/DocumentCenter/View/40944/March-2022-Financial-andInvestment-Report-PDF
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REFERENCES
Bibliography
Campbell City Council meetings: December 7, 2021-June 7, 2022. Regular agenda item from the Finance Department, titled Approving Bills and Claims. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: February 1, 2022. Regular agenda item from the Finance Department, titled Investment Report – Quarter Ending December 2021. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: May 3, 2022. Regular agenda item from the Finance Department, titled Investment Report – Quarter Ending March 2022. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meetings: December 7, 2021 – June 7, 2022. Regular agenda item from the Finance Department, titled Monthly Investment Transactions Report. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: April 25, 2022, Study Session Meeting of the Campbell City Council. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
City of Cupertino, A- Payments to Chamber Jan 2015- Mar 2022. Report, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Cupertino Administrative Services Department Finance Division, Fiscal Year 2019-2020 Comprehensive Annual Financial Report. https://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Cupertino, Audit Committee meeting, May 23, 2022. https://cupertino.legistar.com/MeetingDetail.aspx?ID=923553&GUID=0C41F4A6-93D2-4B90- AAEB-7E5FF0F1EF8C&Search= (Accessed November 28, 2022).
City of Cupertino, B- Festivals – City Fees Waived & City Expenses. Report, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, April 21, 2022: March 2022 Report of City-wide Fund Balances/Net Position. http://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting April 21, 2022: March 2022 Report of City-wide Receipts, Disbursements, and Cash Balances Cash Investments. http://cupertino.legistar.com/ (Accessed November 28, 2022).
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
Cupertino City Council meeting, April 25, 2022. Administrative Services Department, Audit Committee Staff Report for March, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, May 3, 2022. City Manager’s Office, City Council Staff Report. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, May 19, 2022. Amended Agenda of the Cupertino City Council. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino Office of the City Clerk, Notice of Adjournment of the May 17, 2022. Notice, May 17, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino, Payment Register. Report, December 21, 2021. http://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino, Resolution NO. 22-015. Resolution, 2022. http://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Lancaster, Excerpt from A Quick Summary for the Press and Researchers, https://www.cityoflancasterca.org/home/showpublisheddocument/10103/635775792210230000 (Accessed November 28, 2022).
Los Altos City Council meetings, January, 2022 – May, 2022. Monthly Disbursement Listing. https://www.losaltosca.gov/calendar/month?field_microsite_tid=2131&field_microsite_tid_1=Al l (Accessed November 28, 2022).
Los Altos City Council meeting, May 24, 2022. Quarterly Investment Portfolio Report – Quarter Ended March 31, 2022. https://www.losaltosca.gov/citycouncil/page/city-council-meeting-155 (Accessed November 28, 2022).
Los Altos City Council meeting, March 8, 2022. Quarterly Investment Portfolio Report – Quarter Ended December 31, 2021. https://mccmeetingspublic.blob.core.usgovcloudapi.net/losaltoscameet-419c5823741c494d9706451908d3061f/ITEM-Attachment-001- 0979a9a16c5c4dc898b8e8d7d4d4a6e1.pdf (Accessed November 28, 2022).
Los Gatos Town Council meeting, February 15, 2022. Second Quarter Investment Report (October through December 2021) for Fiscal Year 2021/22.
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet94e86df454424b8b95ccc3f6eff96e41.pdf (Accessed November 28, 2022).
Los Gatos Town Council meeting, May 17, 2022. Third Quarter Investment Report (January through March 2022) for Fiscal Year 2021/22
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet997ea555609c4af9b94eeb28b34fc7e3.pdf (Accessed November 28, 2022).
Monte Sereno City Council meetings: December 28, 2021 – June 3, 2022. Regular agenda item from the Finance Department submitting the monthly Treasurer’s Report. https://montesereno.civicweb.net (Accessed November 28, 2022).
SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED
City of Morgan Hill Finance Division, Monthly Financial and Investment Reports. March 31, 2022. https://www.morgan-hill.ca.gov/DocumentCenter/View/40944/March-2022-Financial-andInvestment-Report-PDF (Accessed November 28, 2022).
City of Saratoga Administrative Services, Treasurer’s Report for the Month Ended August 31, 2022. Final Report, October 5, 2022. https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/1578630/Treasurer_Report_for_August_ 2022.pdf (Accessed November 28, 2022).
Solano County 2011-2012 Grand Jury, City Treasurer Functional Review. Final Report, January 12, 2012. https://solano.courts.ca.gov/wp-content/uploads/2020/01/111227-City-TreasurerFinal.pdf (Accessed November 28, 2022).
California Government Code Sections 34000 – 45345.
Los Gatos Municipal Code 2.30.035.
Milpitas Municipal Code VI-1-3.04.
Interviews
Interviews were conducted with 16 individuals between April 25, 2022, and June 16, 2022.
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This report was ADOPTED by the 2022 Santa Clara County Civil Grand Jury on this 14th day of December, 2022.
______________________________
Karen Enzensperger
Foreperson
OAK #4875-4483-4119 v1
January 17, 2023
Via E-mail [email protected] and First-Class Mail
Honorable Beth McGowen
Presiding Judge, Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
RE: Response to the 2022 Santa Clara County Civil Grand Jury Final Report titled, “Show Me the Money: Financial Transparency Needed”
Dear Judge McGowen:
The City of Monte Sereno is providing its response to the Santa Clara County Civil Grand Jury Final Report titled, “Show Me the Money: Financial Transparency Needed.” Based on the City’s review of the report, and in accordance with Penal Code section 933 et seq., the City Council of the City of Monte Sereno is required to respond to Finding 7 and to Recommendation 7. As directed by the Civil Grand Jury, responses are being provided in accordance with Section 933.05(a) and (b) of the California Penal Code. The responses are as follows:
Finding 7 –
The City of Monte Sereno does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Response: The City of Monte Sereno partially disagrees partially with the finding. The City of Monte Sereno’s Finance Manager presents information to the City Council on a monthly basis, in the form of four written reports, which includes all of the information required by Government Code section 41004. These reports are the Revenues and Expenditures Monthly Report, the Significant YTD Variances to Budget Narrative Report, the LAIF Investment Monthly Report (which includes balance information for all City Funds including checking and savings accounts), and the Treasurer’s Report (which includes disbursement information for all accounts). As Government Code section 41004 does not specify any particular form treasurer’s report, the City’s existing practices substantially comply with the requirements of Government Code section 41004. In the future, the City Finance Manager will consolidate all of these written reports into a single agenda item.
Recommendation 7 –
The City of Monte Sereno should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Response: This recommendation has been implemented. As previously mentioned, Government Code section 41004 does not specify any particular form treasurer’s report, the City’s existing practices substantially comply with the requirements of Government Code section 41004. In the future, the City Finance Manager will consolidate all of these written reports into a single agenda item to be presented to the City Council.
This concludes the City’s responses to the findings and recommendations in the Final Report. If you have any additional questions about this response, please contact the City Clerk. 18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org
OAK #4875-4483-4119 v1
Sincerely,
Mayor
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Approve the Minutes of the December 6, 2022, Regular City Council Meeting, December 20, 2022 Special and Regular City Council Meeting Recommendation(s):
Staff recommends approve the Minutes of the December 6, 2022, Regular City Council Meeting, December 20, 2022 Special and Regular City Council Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
12-06-22 Regular Meeting Minutes DRAFT
12-20-22 Regular Meeting Minutes DRAFT
12-20-22 Special Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
December 6, 2022
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.
PLEDGE OF ALLEGIANCE
Councilmember Lawler conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Leuthold, Councilmember Lawler
Mayor Pro Tempore Mekechuk and Mayor Ellahie
Absent: Councilmember Turner
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins and City Clerk Langarica-Gonzalez
Absent: None
ORDERS OF THE DAY
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
2. Approve the Minutes of the November 15, 2022 Special and Regular City Council Meeting
3. Approve Warrant List Dated December 6, 2022 in the Amount $66,813.00
4. Approve the attached response letter to the Santa Clara County Civil Grand Jury Final Report, "If You Only Read the Ballot, You're Being Duped."
5. Approve a Three Year Contract for Audit Services with Maze & Associates Accounting Corporation for FY 2021-22 Through 2024-25 In Amount of $93,600 Mayor Ellahie made a recognition to the efforts of the City to have the ADU letters of interest from residents. The City waved 50 percent of the permit fees for a resident how has agreed to build an ADU to help meet the State requirements.
Mayor Pro Tempore Mekechuk wanted to disclose that the Finance Committee reviewed the applications and agreed with staffs’ recommendation on the change of Auditors included in the Consent Calendar.
MOTION: Motion by Councilmember Lawler to approve the Consent Calendar.
Seconded by Councilmember Leuthold.
VOTE: Motion passed. (4-0-1) (Councilmember Turner Absent)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Approve Additional Appropriations for 2022 Annual Pavement Improvement Project for $20,529 and Authorize City Manager to Execute Any Required Change Orders.
City Manager Leonardis provided a staff report.
Discussion commenced with regards to the report.
Mayor Ellahie opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Leuthold to Approve Additional Appropriations for 2022 Annual Pavement Improvement Project for $20,529 and Authorized City Manager to Execute Any Required Change Orders.
Seconded by Councilmember Lawler.
VOTE: Motion passed. (4-0-1) (Councilmember Turner Absent)
2. Appointment of Gloisy Gonzalez-Langarica to Position of City Clerk Mayor Ellahie administered the Oath to Appointment City Clerk Gonzalez-Langarica.
3. Recognition of and Remarks from Outgoing City Councilmembers Mayor Ellahie recognized both Councilmember Leuthold and Councilmember Lawler for their service and commitment to the City of Monte Sereno.
An award was also presented to both Councilmember Leuthold and Councilmember Lawler on behalf of Supervisor Simitian.
Remarks by Outgoing Councilmember Leuthold
Councilmember Leuthold thanked his fellow Councilmembers and City staff.
Remarks by Outgoing Councilmember Lawler
Councilmember Lawler expressed it being an honor and a pleasure serving the City of Monte Sereno. Spoke with regards to accomplishment of the Council and thanked the Councilmembers and staff and wished the incoming Council success.
Mayor Pro Tempore Mekechuk provided remarks.
4. Administration of Oath of Office and Seating of Newly Elected City Councilmembers City Clerk Gonzalez-Langarica administered the Oath to Newly Elected Councilmember Craig, Wolsheimer and Ellahie.
Mayor Ellahie welcomed Councilmember Craig and Councilmember Wolsheimer.
ROLL CALL
Present: Councilmember Craig, Councilmember Wolsheimer
Mayor Pro Tempore Mekechuk and Mayor Ellahie
Absent: Councilmember Turner
5. City Council Reorganization
Election of Mayor and Mayor Pro Tempore
Councilmember Wolsheimer nominated Mayor Pro Tempore Mekechuk as Mayor.
VOTE: Mayor Pro Tempore Mekechuk was elected to serve as Mayor. (4-0-1) (Councilmember Turner Absent)
Mayor Mekechuk presented Councilmember Ellahie with a plaque. Councilmember Ellahie was thanked for his leadership and accomplishments in his year as Mayor.
Mayor Mekechuk nominated Councilmember Wolsheimer as Mayor Pro Tempore.
VOTE: Councilmember Wolsheimer was elected to serve as Mayor Pro Tempore. (4-0-1) (Councilmember Turner Absent)
Remarks by Outgoing Mayor
Councilmember Ellahie provided remarks.
COMMITTEE/COMMISSION REPORTS
Mayor Mekechuk shared that at the West Valley Solid Waste Management Authority staff recommended entering into a 10 year contract for the hauling of waste and recycling in the four jurisdiction which are Los Gatos, Saratoga, Monte Sereno and Campbell. There will be an approximate 6% increase in July of 2023. After that, the other increases will be less than inflation.
He also shared going last Wednesday to the ribbon cutting for solar farm that will be providing electricity to Silicon Valley Clean Energy.
Councilmember Ellahie stated not having anything to report on this committees/commissions.
COUNCILMEMBER COMMENTS
There were none.
CITY MANAGER’S REPORT
City Manager Leonardis spoke in regards to the efforts of the Monte Sereno Youth Commission and Councilmembers that attended the Annual Los Gatos Christmas Parade in the rain. He also recognized staff members that assisted with assembling the floats.
FUTURE AGENDA ITEMS
Mayor Mekechuk stated that in the upcoming meeting, the Committees and JPAs would be looked to being assigned to Councilmembers. Also, in the upcoming meeting there will be discussion of the 2023 City Council meeting schedule.
ADJOURN
The meeting adjourned at approximately 7:55 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
December 20, 2022
MEETING CALLED TO ORDER
At approximately 7:13 p.m., Mayor Mekechuk called the meeting to order.
PLEDGE OF ALLEGIANCE
Councilmember Craig conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Craig, Councilmember Ellahie, Councilmember Turner, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins and City Clerk Langarica-Gonzalez
Absent: None
ORDERS OF THE DAY
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Accept the Treasurer's Report for the Period Ending September 30, 2022
2. Accept the LAIF Investment Report for September 30, 2022
3. Accept the Significant Full Year To Date Variances to Budget Narrative for the month of September 2022
4. Accept Revenue and Expenditures Report for the Month Ending September 30, 2022
5. Approve Warrant List Dated December 20, 2022 in the Amount $144,164.21
6. Adopt a Resolution Authorizing the Continued Use of Monies Received from the Supplemental Law Enforcement Services Fund (SLESF) to Provide Funding for Two Police Officers Assigned as Motorcycle Traffic Officers
7. Waiver of Second Reading and Adoption of Ordinance No. NS-232, an Ordinance of the City Council of the City of Monte Sereno Amending Section 10.06.140 (Accessory Dwelling Units) and 10.06.150 (Accessory Dwelling Unit Amnesty Program)
8. Authorize Approval of Settlement Agreement for Shevertalova v. City of Monte Sereno, Santa Clara County Superior Court Case No. 19CV348222, and Execution by City Manager Subject to Minor Modifications Approved by City Attorney
9. Adopt a Resolution Declaring Noxious and Dangerous Weeds and Rubbish, Refuse, and Dirt to be a Public Nuisance and Setting a Public Hearing Date and Time and Consider All Objections to the Proposed Destruction or Removal of Weeds, Dirt, Rubbish, or Other Hazardous Material
10. Housing Element Status Update
Item #6 was pulled by Councilmember Ellahie. Item #10 was pulled by Mayor Mekechuk.
MOTION: Motion by Councilmember Ellahie to approve the Consent Calendar except item #6 and Item #10. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (5-0-1)
6. Adopt a Resolution Authorizing the Continued Use of Monies Received from the Supplemental Law Enforcement Services Fund (SLESF) to Provide Funding for Two Police Officers Assigned as Motorcycle Traffic Officers
City Manager Leonardis provided a staff report.
Chief Police Fields provided additional information.
Discussion commenced with regards to the report.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Ellahie to Adopt a Resolution Authorizing the Continued Use of Monies Received from the Supplemental Law Enforcement Services Fund (SLESF) to Provide Funding for Two Police Officers Assigned as Motorcycle Traffic Officers. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (5-0-1)
10. Housing Element Status Update
City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Craig to Accept Housing Element Status Update.
Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (5-0-1)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Consider and Appoint Two (2) Additional Members to the 2022-2023 Monte Sereno Youth Commission
City Clerk Gonzalez-Langarica provided a staff report.
Discussion commenced with regards to the report.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Craig to Appoint Two (2) Additional Members to the for 2022-2023 Monte Sereno Youth Commission. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (5-0-1)
2. Consideration of Appointment of Liz Lawler to Fill the One Vacancy on the Monte Sereno Better Streets Commission
City Manager Leonardis provided a staff report.
Applicant spoke.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Turner to Appoint Liz Lawler to Fill the One Vacancy on the Monte Sereno Better Streets Commission. Seconded by Councilmember Craig.
VOTE: Motion passed unanimously. (5-0-1)
3. Consider and Approve the 2023 City Council Meeting Schedule City Manager Leonardis provided a staff report.
Discussion commenced with regards to the report.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Turner to Approve the 2023 City Council Meeting Schedule. Seconded by Councilmember Ellahie.
VOTE: Motion passed unanimously. (5-0-1)
4. Discuss and Provide Direction to Staff Regarding Adopting a Resolution Establishing a Suicide Prevention Policy and Mental Health Promotion for the Community City Manager Leonardis provided a staff report.
Discussion commenced with regards to the report.
Mayor Mekechuk opened item for Public Comment.
Public Comment was received from Victor Ojakian.
Public Comment was closed.
Staff was provided with direction to look at the adjacent communities’ policies and collaborate and work with Chief of Police and bring back a proposed resolution at the January meeting.
5. Consider and Approve City Council Committee/Commission for Calendar Year 2023 Mayor Mekechuk explained the way he had divided the assignments.
Discussion commenced.
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Craig to Approve City Council Committee/ Commission for Calendar Year 2023 with the removal of Santa Clara/Santa Cruz Counties Airport/Community Roundtable. Seconded by Councilmember Ellahie.
VOTE: Motion passed unanimously. (5-0-1)
COMMITTEE/COMMISSION REPORTS
Councilmember Ellahie shared that at the last West Valley Mayors and Managers meeting there was a selection on representative for the VTA Board who was Mr. Lopez. Suggestion was made to have Councilmember run for Representative of Boards. Cities Association had a Christmas party very well attended that was a good network meeting.
Councilmember Turner stated nothing to report.
Mayor Mekechuk shared the next meeting for the VTA Policy Advisory Committee is January 12th. He will be reporting back on this meeting at the next Council meeting. He shared the Clean Water Board meeting is held quarterly and will report at the February meeting on them. West Valley Sold Waste/ Recycling JPA had a meeting on December 5th where a contract was approved on for the hauling.
Lastly, he shared that Silicon Valley Clean Energy Recognized Councilmember Ellahie for his years of service.
COUNCILMEMBER COMMENTS
Councilmember Ellahie would like to formalize the Ad Hoc Finance Committee in the upcoming meeting.
Councilmember Turner spoke regarding the Emergency Preparedness and the training they had two weeks ago. She shared there have been 5 earthquakes in the last month 2 in San Jose, 1 in Santa Clara, 1 in Santa Cruz and 1 in the Eastbay all under 4.0. Today there was a 6.4 earthquake in Humboldt County affecting 70,000 residents. The Emergency Preparedness team was present at the Los Gatos Holiday Parade and Councilmember encourages everyone to become involved in the Emergency Preparedness Committee.
Councilmember Craig suggested to the Council of moving the committee/commission reports towards the beginning of the meeting to help with public engagement seeing there was very few individuals at the end of the meeting.
CITY MANAGER’S REPORT
City Manager Leonardis spoke regarding the Coat/ Canned Goods Drive continuing on behalf of the Monte Sereno Youth Commission. He reported there has been a total of 85 coats donated 225 canned and packaged food items. City Manager also reminded Councilmembers he is available to meet with them individually to assist with any questions or concerns they may have.
FUTURE AGENDA ITEMS
Vice Mayor Wolsheimer would like to see at future meeting, discussion of prohibiting gas-powered leaf blowers.
Councilmember Craig would like an ordinance to be created to allow BINGO in the City. BINGO can be for fundraising efforts.
ADJOURN
The meeting adjourned at approximately 8:47 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
SPECIAL MEETING
8:55 p.m.
December 20, 2022
MEETING CALLED TO ORDER
At approximately 8:55 p.m., Mayor Mekechuk called the meeting to order.
ROLL CALL
Present: Councilmember Craig, Councilmember Ellahie, Councilmember Turner, Vice Mayor Wolsheimer Mayor Mekechuk
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, City Planner Perkins, and City Clerk Gonzalez-Langarica
Absent: None
ORAL COMMUNICATIONS
There was none.
WRITTEN COMMINICATIONS
There were none.
NEW BUSINESS
1. Consider and Approve the Agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc.to Perform Architectural Services
City Manager Leonardis provided a staff report.
Gary Kohlsaat provided more information to City Manager Leonardis and was available for questions. Page 77 of 119
Mayor Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
Discussion commenced with regards to the report.
MOTION: Motion by Councilmember Ellahie to Approve the Agreement between the City of Monte Sereno and Kohlsaat & Associates, Inc.to Perform Architectural Services. Seconded by Councilmember Craig.
VOTE: Motion passed. (5-0-0)
ADJOURN
The meeting adjourned at approximately 9:20 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Accept the Annual Approval and Signing of the City Council Code of Ethics
Recommendation(s):
Staff recommends that the City Council approve and sign the City Council Code of Ethics.
Background Information:
Every year, the City Council typically reaffirms and signs the City Council Code of Ethics. This is done at the first City Council meeting of the new year. Due to the COVID-19 pandemic and to adhere to the County of Santa Clara’s shelter in place order, the approval of the Code of Ethics will be conducted virtually via the Zoom application and the signing of the Code of Ethics will be done through the DocuSign application. The signed Code of Ethics will be posted on the City’s website under the City Council’s webpage.
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:
Attachment 1 - Code of Ethics
ATTACHMENT 1
Monte Sereno Code of Ethics
Adopted: 7/17/12
Re-affirmed: 2/4/14, 3/3/15, 5/3/16, 1/17/17, 1/16/18, 1/22/19, 1/21/20, 1/20/21, 1/4/22, 1/17/2023
Preamble
The Monte Sereno City Council holds itself to the highest standard of ethical conduct. The following pledges are not intended to supersede or override any Federal, State, or local laws relating to elected officials. These pledges are intended to supplement those laws to hold the Council to a higher standard of conduct than may be required by law. It is incumbent on the City Council to ensure that all ethical standards are understood and met, thus providing our citizens with the full confidence of the integrity of our City government.
Public Interest
We, as City Councilmembers, recognize that our duty is to act in the public interest of the citizens of Monte Sereno. This means that any actions that we take as members of the Council will have no private or personal interests whatsoever. Also, in this regard, all members of the public must be treated in a fair and equitable manner.
Comply with the Law
We, as Councilmembers, shall comply with Federal, State and local laws. This applies to all laws including but not limited to laws regarding conflict of interest, election campaigns, financial disclosures, and open processes of government.
Conduct of Members
Members of the City Council shall act in a responsible manner, which includes being respectful of the opinions, character or motives of other Councilmembers, commissions, committees, staff, and the public.
Conflict of Interest
City Councilmembers should not use their official positions to influence government decisions where they have financial or personal interests, where such influence would present a conflict of interest under State or Federal laws. If such a conflict of interest should occur, the Councilmember shall file a written disclosure of their economic interest or personal interest and then refrain from participating in that decision.
Gifts and Favors
We, as City Councilmembers, shall not accept any gifts, favors, or promises of future benefits that are prohibited under Federal or State law.
Use of Public Resources
Public resources, except those already available to the general public, shall not be used by any City Councilmember for his/her own personal gain which includes but is not limited to, office supplies, campaign materials or the use of staff time.
Public Meetings and Decisions
City Councilmembers shall prepare for and participate in City Council meetings by reading materials provided by staff, respecting public discussion, and making decisions based on all relevant and disclosed facts.
Communications
City Councilmembers, during City Council meetings, shall disclose substantive information relevant to the issue under consideration which is the basis or part thereof for such City Councilmember’s decision. This will include any written or oral information from sources outside the public decision-making process including, but not limited to, private residents, lobbyists, developers or any other individuals or groups that have an influence on the City Council’s decision-making process.
Confidential Information
Confidential information should remain confidential under all circumstances. No Council member shall have the authority to waive the attorney client privilege while on the council or after his/her term expires.
Advocacy
It is the responsibility of City Councilmembers to ensure that personal opinions or positions are not confused for the official policies and positions that have been acted on by the Council to the extent they differ. When presenting their personal opinions or positions, City Councilmembers shall explicitly state that they do not represent the City Council or the City.
Private Interests after Office
While in office, City Councilmembers shall not appear on behalf of private interests of a third party before the Council or any commission, committee or proceeding of the City. Former City Councilmembers shall not appear as a representative, lobbyist, or employee on behalf of the private interests of a third party regarding any matter pending before the Council or any commission, committee or proceeding, for a period of two years after their term on the City Council. As a private citizen, past City Councilmembers may represent their own interests in issues that may affect their residence or neighborhood.
Bryan Mekechuk, Mayor Date
Evert Wolsheimer, Vice Mayor Date
Burton Craig , Council Member Date
Javed I. Ellahie, Council Member Date
ATTACHMENT 1
Rowena Turner, Council Member Date
From: Rowena Turner
To: Sergio Rudin; Steve Leonardis; Gloisy Gonzalez-Langarica Cc: "[email protected]"; Rowena Turner
Subject: Agenda - Consent Calendar - Item #6: Consent Calendar, Approve and sign the City Council Code of Ethics Date: Monday, January 16, 2023 10:33:19 AM
Date: January 16, 2023
To:City Attorney, City Manager, City Clerk
From: Rowena Turner, City Councilmember
Re: Consent Calendar Item #6, Approve and sign the City Council Code of Ethics I want to call your attention to the layout and the order of the City Council approval form (see link below).
Please re-order the layout and if you cannot get all the signatures on an 8-1/2” x 11” standard page, then print this on 8-1/2” x 14” legal paper.
It is important that all Councilmember signatures appear on the same physical page. This is to protect the integrity of the document. We have had instances in the past where meeting minutes and resolutions have been surreptitiously changed after the fact. Keeping all the signatures together makes that sort of subterfuge more difficult.
I also think that after the ceremonial positions, the signatures should be in order of seniority, not alphabetically.
I appreciate your working with me on this.
Thank you,
Rowena Turner
Consent Calendar item below:
6. Accept the Annual Approval and Signing of the City Council Code of Ethics
Staff recommends that the City Council approve and sign the City Council Code of Ethics.
Staff Report - SR-23-010 - Pdf
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Housing Element Update: Discuss and Provide Direction on Comments Received from the California Department of Housing and Community Development
Recommendation(s):
Staff recommends that the City Council discuss the comments received from the California Department of Housing and Community Development and Provide Direction to Staff on Addressing the Comments.
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.
The Housing Element Process has mandatory public participation requirements described below along with the stat us of requirement:
Item Date Completed
Prior to submittal of the first draft within a
planning period to HCD, the local
government must make the draft available for
public comment for 30 days and if any
comments were received, take at least 10
business days to consider and incorporate
public comments.
Draft Housing Element published for public
review on August 9, 2022
Public comments reviewed by City Council
on September 6, 2022
Submit draft to HCD for review/approval. Draft Housing Element submitted to HCD October 12, 2022.
Item Date Completed
For any subsequent revisions, the local
government must post the draft revision on
its website and email a link to all individuals
and organizations that have previously
requested notices relating to the local
government’s housing element at least
seven days before submitting any draft
revision to HCD.
Underway, revisions to be posted by January
24 to the public
Revise and adopt (or adopt without changes,
with specific findings explaining the reasons
the City Council believes the draft element
substantially complies with Housing Element
law despite findings of the Department of
Housing and Community Development).
Special Joint Special Meeting with the City
Council and Site and Architectural
Commission to consider adopting the
Housing Element is scheduled for January
31, 2023.
Resubmit to HCD Promptly after adoption
Re-review by HCD, with additional findings
provided to the City
90 days after adoption and resubmittal
Housing Element Overview
Monte Sereno’s current Housing Element covered 2015 to 2023 and was adopted on May 19, 2015. The updated Housing Element will be for the 2023 to 2031 planning period. The Housing Element typically includes the following major components:
1. Housing Needs Assessment: An analysis of housing needs of the City's population, including analysis of population, housing characteristics, projected housing needs by income group, housing needs of special needs populations (including elderly, persons with disabilities, etc.), existing housing stock conditions, and existing units in need of replacement or rehabilitation.
2. Constraints Analysis: An analysis of housing constraints that impact housing production, including city land use controls, local ordinances, permit requirements, fees, and the way that they may impact housing production.
3. Evaluation of Past Performance: Assess progress in implementing the policies and programs from the prior Housing Element.
4. Housing Sites Inventory: Identify housing sites available for development or redevelopment, ensuring that there is sufficient capacity to address the Regional Housing Needs Allocation.
5. Policies and Programs: Establish policies and programs to address the identified housing needs.
6. Community Outreachand Engagement: Conduct a thorough program of community engagement, with a particular focus on outreach to traditionally underrepresented groups.
7. Affirmatively Further Fair Housing (AFFH): Actions that promote and further fair housing opportunities, including descriptions of fair housing enforcement and analysis of integration and segregation patterns and trends.
Regional Housing Needs Allocation (RHNA)
Every city in California receives a required number of homes to plan for. 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 are not responsible for building such housing, 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
Almost all jurisdictions in the region (and in other regions) had a higher RHNA this cycle. This is primarily due to changes required by state legislation to account for existing overcrowding.
This cycle, a jurisdiction’s RHNA is based on the following factors:
• Projected 2050 population according to Plan Bay Area
• Proximity to jobs (both by car and public transportation) • The percent of households living in high opportunity areas (based on school, environmental hazards, jobs, etc.)
Analysis:
Draft 2023-2031 Housing Element
The City Council approved the draft Housing Element at the September 6, 2022 City Council meeting. The draft Housing Element consists of the following sections:
1. Introduction: Explains the purpose, process, and contents of the Housing Element.
2. Goals, Policies, and Programs: Details specific policies and programs the city will undertake over the 2023-2031 Planning Period to address the housing goals.
3. Overview of Housing Needs and Constraints: Reviews governmental constraints, including land use controls, fees, and processing requirements, as well as nongovernmental constraints, such as construction costs, availability of land and financing, physical environmental conditions that may impede the development, preservation, and maintenance of housing.
4. Vacant and Available Sites: Describes the city’s strategy to achieve the RHNA requirements and identifies land suitable to accommodate these additional housing units.
5. Energy Conversation: Identifies opportunities and programs for energy conservation.
The Draft 2023-2031 Housing Element also includes seven technical appendices with detailed analysis and information that supports the findings and conclusions in the main document. The following is a summary of the major elements of the Draft 2023-2031 Housing Element:
Affirmatively Furthering Fair Housing (AFFH)
One of the new requirements for the 6th cycle Housing Element Update is AFFH. Assembly Bill (AB) 686, passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The four main goals are to:
• Address significant disparities in housing needs and in access to opportunity • Replace segregated living patterns with truly integrated and balanced living patterns • Transform racially and ethnically concentrated areas of poverty into areas of opportunity • Foster and maintain compliance with civil rights and fair housing laws AFFH is discussed in Chapter 1 and more thoroughly analyzed in Appendices A and G.
Housing Goals, Policies, and Programs
The Housing Goals in Chapter 2 are organized into the following categories:
• Goal H-1: Facilitate Housing Construction
• Goal H-2: Provide New Affordable and Equal Opportunity Housing • Goal H-3: Maintain and Improve the Existing Housing Stock • Goal H-4: Publicize Resources
The list of policies and programs in this chapter include the policies approved by the City Council at the June 21, 2022 meeting, including the addition of water conservation requirements discussed at that meeting (Program S), and additional policies suggested by the Santa Clara County Planning Collaborative and the consultant team for compliance with HCD requirements.
Regional Housing Needs Allocation (RHNA) and Sites Inventory In January of 2022, HCD approved the Association of Bay Area Governments (ABAG) adopted Final RHNA Plan which establishes a total RHNA of 441,176 residential units for the San Francisco Bay Area’s 6th Cycle Housing Element Update. Monte Sereno’s assigned RHNA for this housing cycle is 193 units distributed across four income categories as follows:
Very Low
Income
Low Income Moderate
Income
Above Moderate
Income
Total
53 30 31 79 193
To meet the RHNA, the city’s strategy is to create a robust outreach program to encourage the creation of ADUs within the city. Ad Hoc Committees to spearhead this goal were created by the City Council and the Site and Architectural Commission. The Committees developed 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 Additionally, the City Council approved a 50% reduction in building permit and plan review fees for building permit that create a new ADU, through new construction of the conversation of an existing structure (i.e. pool house, garage).
Comments Received by HCD
The draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review and comments are scheduled to be provided on January 9, 2023. A detailed recommendation for responding to each comment from HCD is included in the Attachment 1 to this staff report. Following is summary of the comments and recommended responses.
Section A – Review and Revision
HCD has asked for expanded analysis and summary of the outcomes of the programs from the previous, 5th Cycle Housing Element, particularly the lack of multi-family zoned properties within the city. An analysis of the cumulative effectiveness of past goals, policies, and related action in meeting the needs of special need populations is needed.
Staff recommends that the review of programs from the previous 5th Cycle Housing Element be expanded to more fully describe how each program was addressed and what effects resulted on the availability of housing within the city. Additionally, the requested cumulative analysis will be provided for all of the goals together and what effect was seen on new residential development within the city. Where the past program goals were not fully achieved, the programs in the updated Housing Element will be revised to address those areas. Staff will provide additional analysis of all programs specifically mentioned in HCD’s comment letter.
Section B – Housing Needs, Resources, and Constraints
The focus of HCD’s comments in this area are regarding the sites inventory, which includes the 225 ADU sites were property owner provided a written intention to construct an ADU, as well as the lack of a variety of housing densities including small lots and multi-family. HCD has
requested that the City provide additional analysis with respect to the expected affordability of ADUs constructed, and staff will also consider and address comments received related to affordability.
Staff recommends acknowledging that the zoning districts within the city are mostly single family; however, the Housing Element still justifies how the RHNA will be met through the ADU programs and incentives provided by the city. Additionally, staff recommend including an explanation of the city’s multi-family zoning district will also be further discussed including the densities permitted. Additionally, to respond to HCD’s comments, staff recommend including a discussion of SB 9 and densities permitted under this new state law, which is the equivalent of a multi-family density.
Although the RHNA, both the number of new units required and the affordability levels, can be met through the construction of new ADUs, staff does recommend a program be added to the Housing Element to study and evaluate potential future multi-family sites that may be appropriate in the city as well as analyzing a variety of densities that could be allowed in future housing elements and other various state laws.
Section C – Housing Programs
HCD comments on the draft housing programs were focused on strengthening the commitment to outcomes, prioritizing certain programs that reduce constraints to housing affordability and housing for special needs populations, and identifying sites and appropriate zoning to facilitate multi-family development.
Staff recommends that the wording of programs noted in the comment (Program E – Facilitate Subdivision, Program G – Develop Incentives, Program H – Employee Housing, and Program I – Accessory Dwelling Units) be strengthened as noted in HCD’s comments. Adjustments can also be made to the timeframe for the various programs that support housing for special needs populations to have those programs addressed earlier this planning period.
Staff also recommends that, as noted above in Section B, a program be added analyze sites and densities that may be appropriate for multi-family zoning within the city. Staff recommends further emphasizing the multi-family zoning that does exist in Monte Sereno and has resulted in housing structured at the highest density of units per acre that is provided in the city.
Further, the SB 9 state regulations allow up to four dwelling units on every single family zoned lot, regardless of lot size, which effectively permits by-right multi-family housing on nearly every lot in Monte Sereno.
Section D – Quantified Objectives
The comment from HCD require that numerical targets be added for the ADU amnesty program, Program Q (Housing Maintenance), Program R (Infrastructure Capital Improvements), Program S (Energy Conservation), Program T (Water Conservation) and Program U (Fair Housing).
Staff recommends that the anticipated or targeted outcome be added to each of these programs to provide an estimate of the actual number of housing unit affected by each program.
Section E – Public Participation
HCD’s comment requested that additional public outreach be made to lower-income and special needs groups to understand and address their housing needs.
Since the draft Housing Element was submitted to HCD, the city has been working with West Valley Community Services to reach out to the lower-income and special needs groups within the community. A community meeting was held in December with an ADU developer, a property owner who rents an ADU to a local teacher at less than market rate, and a resident of an ADU. The meeting was intended to receive information about the issues and benefits of ADUs from all involved parties. The ADU Program I program includes a variety of programs to incentive ADU construction.
Next Steps
As required by the Municipal Code section 12.04.010.F, the Site and Architectural Commission shall review and provide a recommendation to the City Council on any amendments to the General Plan. In order to expedite the adoption of the Housing Element, a special joint meeting with the City Council and Site and Architectural has been scheduled for January 31, 2023 to consider adoption of the Housing Element.
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.
The draft Housing Element that was reviewed HCD is available on the Housing Element website at www.AtHomeinMonteSereno.com.
Attachments:
1. HCD Comment Letter Dated January 9, 2023
2. Staff Recommendation for Addressing HCD Comments
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 9, 2023
Steve Leonardis, City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Dear Steve Leonardis:
RE: City of Monte Sereno’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Monte Sereno’s (City) draft housing element received for review on October 12, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from East Bay for Everyone, South Bay YIMBY, Anne Paulson and YIMBY Law pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly
Steve Leonardis, City Manager
available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Monte Sereno’s 6th Cycle (2023-2031) Draft Housing Element Page 1 January 9, 2023
APPENDIX
CITY OF MONTE SERENO
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The review of past programs should describe progress in implementation of previous actions, including results compared to objectives and evaluate the effectiveness of actions to make appropriate adjustments in the current planning period. In several cases, the element appears to either omit or not describe and evaluate actions from the prior planning period.
Most notably, the review and revise does not evaluate actions related to accommodating the regional housing need allocation (RHNA) (accessory dwelling units (ADU)), providing realistic opportunities for multifamily development and outreach to affordable housing developers, including nonprofits. These programs were geared toward promoting housing variety and affordability, housing mobility and inclusion into Monte Sereno. Yet, the current element does not evaluate past commitments or consider appropriate actions. For example, Program H-2.5 committed to establish multifamily zoning and if not successful, provide alternative multifamily opportunities and amend the element to correct inconsistencies. The Program also committed to make specific outreach to developers of housing affordable to lower income and special needs households and apply for funding.
The current element includes some discussion that the multifamily zoning was repealed and instead a project was developed on a multifamily zoned site. The project occurred on a site that was committed to be zoned multifamily in the prior planning period for the same reasons (See Program HE 3.10 from the 4th cycle) – to promote a variety of housing types.
Instead, the site was zoned at precariously marginal densities and that development ended up being single-family – not multifamily. The element omits the depth and importance of this commitment and did not discuss or evaluate the effectiveness of multifamily zoning, lack of alternative measures taken and outreach efforts. Other examples of programs geared toward promoting housing variety, mobility and affordability from the prior review include:
City of Monte Sereno’s 6th Cycle (2023-2031) Draft Housing Element Page 2 January 9, 2023
• Program HE-2.1 (Evaluate ADU): The element does not discuss changes to development standards, results of the survey or achieving the program objectives. • Program HE-2.2 (Shared Housing): The element does not address contacting agencies or publicizing the program.
• Program HE-2.3 (ADU Monitoring): This program had a specific trigger to revise multifamily zoning and densities if ADUs for all income were not constructed in specified time intervals. The current element omits any discussion of these commitments.
• Program HE-4.1 (Special Needs): The element does not discuss the attempts, success or effectiveness of outreach with non-profit developers. • Program HE-4.2 (Senior Housing): The Program’s focus was to develop innovative housing. Instead, the element discusses the City’s attempts at partnerships with the County Department of Aging.
To address this requirement, the element must fully describe past commitments, progress in implementation, evaluate effectiveness and then discuss appropriate adjustments in the current planning period. Given the apparent lack of effectiveness and success in developing multifamily choices and affordability for at least two planning periods, this analysis should particularly focus on zoning for a variety of housing types, including multifamily and discuss significant actions to promote housing choice, affordability and mobility to facilitate inclusion beyond the RHNA and beyond complying with related state laws (e.g., ADU law and SB 9).
In addition, the element must provide an evaluation of the cumulative effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness) and revise programs as appropriate.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Income and Racial Concentration of Affluence (RCAA): The element briefly mentions incomes in the City compared to the region and notes it is safe to speculate the City has neighborhoods that are RCAAs; however, the entire City is a RCAA and the element should incorporate this information. Please see HCD’s Affirmatively Furthering Fair Housing (AFFH) Data Viewer at https://affh-data-resources-cahcd.hub.arcgis.com/. The element should include specific analysis of income and RCAA at a regional level (City compared to the broader region). The analysis should at least address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors. The element must add or modify meaningful programs based on the outcomes of this analysis, including actions to improve housing mobility within and beyond City boundaries.
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Local Data and Knowledge and Other Relevant Factors: The element includes state and federal data but must utilize other sources of local data and knowledge to supplement the data and mapping including planning documents such as locally adopted ordinances, other elements of the general plan, infrastructure assessments, and mobility assessments to fully describe the impacts on fair housing patterns and trends.
In addition, the element must discuss other relevant factors such as historical land use (zoning, initiatives, growth control) that impacted socio-economic patterns.
Contributing Factors to Fair Housing Issues: Upon a complete AFFH analysis, the element must assess and prioritize contributing factors to fair housing issues and add or modify programs as appropriate.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Extremely Low-Income (ELI) Households: While the element quantifies existing ELI households, it must also identity projected ELI housing needs and analyze their housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of the RHNA for very low-income households qualify as ELI households. The analysis of existing ELI housing needs should address tenure, disproportionate impacts (overcrowding, overpayment, housing situations), comparisons to other income groups, effectiveness of past strategies and magnitude of needs (including projected).
Housing Conditions: While the element includes information on the age of structures and lack of kitchen and plumbing facilitate, it must still estimate the number of units in need of rehabilitation and replacement. In addition, the element could consider discussion of any patterns from code enforcement as areas of more frequent enforcement to compliment the assessment of fair housing (See AFFH above, including local knowledge).
Housing Costs: The element currently utilizes American Community Survey (ACS) data to evaluate rental costs but should consider additional data sources to better reflect market conditions (e.g., Zillow, Apartments.com). If minimal rental data is available, the element could consider market conditions in comparable nearby communities.
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Special Needs: While the element reports data on special needs groups, it must still include analysis including trends, characteristics, magnitude of need, resources, and potential strategies to mitigate identified housing issues.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Adequate Sites and Accessory Dwelling Units (ADU): The element identifies a RHNA of 193 units, including a lower-income RHNA of 83 units and moderate-income RHNA of 31 units and proposes to accommodate essentially the entire RHNA for all income groups with ADUs. While the element may demonstrate adequate sites entirely with ADUs, given the reliance on one strategy, it must include robust and commensurate analysis, as follows:
• Calculation of Past Trends: The element excludes 2020 permit numbers and then average permits to approximately 16 ADUs per year. However, even this calculation is incorrect and appears to exclude 2018 and 2020 numbers. Given the reliance on ADUs, the element should utilize averages based on all years since 2018.
• Affordability: The element uses the Association of Bay Area analysis of ADU rents. However, these assumptions should consider public comments on this review and market rents from comparable and nearby communities. • Other Relevant Factors: The analysis, policies, and programs and ADU assumptions for the planning period should account for the availability of ADUs for rent. This is particularly important given the reliance on ADUs and lack of housing choices, affordability and mobility into the City. • Owner Intentions and Past Surveys: The element concludes the City’s robust outreach and incentives have resulted in 225 residential owners expressing their intentions in developing ADUs in the planning period. However, the element must include substantial evidence to support this conclusion, especially considering even the most favorable recent trends would result in a significantly lesser number of ADUs in the planning period. For example, the element should discuss the survey tool, how the survey was administered, list the actual responses, and evaluate the likelihood of owners converting intentions into permitted ADUs in the planning period, including availability for rent. This analysis could incorporate past surveys and analyses as a result of programs in the prior planning period.
If the above analyses necessitate identifying sites to accommodate the RHNA, including by income group, the identification of sites and analysis must meet all requirements pursuant to Government Code section 65583.2, including but not limited to parcel listing, map of identified sites, identified sites and AFFH, environmental and other constraints, infrastructure, size of sites, nonvacant sites, calculation of realistic residential capacity and appropriate zoning to accommodate housing for lower-income households. For more information, please see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks.
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Environmental Constraints: While the element includes some general discussion of environmental constraints, it should also relate that discussion to the development of ADUs, including any other known constraints that preclude development in the planning period.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
• Multifamily: While the element mentions that the City has established a multifamily zoning district, it must still discuss how multifamily zoning encourages and facilitates a variety of housing types including density, development standards and permit procedures. In addition, the element must identify significant and realistic opportunities for multifamily development in the planning period, including but not limited to identification of sites, any known constraints or impediments, parcel size, appropriateness of densities and methodology for calculating residential capacity. Based on the outcomes of this analysis, the element must include programs to identify sites and appropriate zoning (e.g., 20 units per acre) and development standards to encourage and facilitate multifamily development.
• Emergency Shelters: While the element states that emergency shelters are allowed by-right, it should clarify that by-right is without discretionary action. In addition, the element should add a discussion of acreage, parcel sizes. reuse and redevelopment opportunities and proximity to transportation and services as well as list and analyze development standards, including parking. If constraints are identified, the element must add or revise programs. • By-Right Permanent Supportive Housing: By-right permanent supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate. • Single Room Occupancy (SRO) Units: While the element includes some information on SROs, it must still discuss zoning, development standards and permitting procedures. This is particularly important given the lack of implementation in the prior planning period and programs should be added or modified to establish appropriate zoning and capacity early in the planning period.
• Accessory Dwelling Units: The element must demonstrate that the City’s ADU ordinance is incompliance with state law and add or modify programs to comply with State ADU Law.
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• Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards as a conventional single-family residential dwelling. The element must demonstrate consistency with this requirement or add or modify programs as appropriate.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element generally describes land-use controls, it must evaluate all development standards and other land use controls for impacts on housing supply (number of units), cost, feasibility, timing and ability to achieve maximum densities. For example, the analysis should address how density is defined and any and all standards that regulate intensity, especially for multifamily housing and parking.
In addition, much of the City consists of large lots and there are no multifamily units in the City. While the element lists four residential zoning districts, none of the districts allow more than eight units per acre and, while the City does have a single-family zone allowing five units per acre, most single family zoning is no more than two units per acre. Essentially, there is a lack of a variety of minimum lot sizes and allowable densities. The lack of a variety of lot sizes and densities can impact housing supply, choices and affordability. As a result, the element should include analysis of the impacts of an apparent predominant large lot land use pattern and include programs as appropriate.
Finally, the element should include a discussion of how the City complies with Government Code sections 65852.21 and 66411.7 (SB 9) and add or modify programs (Program E) as appropriate to comply with state law.
Fees and Exaction: The element lists total development fees for single-family and multifamily development (Table C-4) but should also list the various fees that comprise the total fees per unit. For example, the element should list and evaluate the various impact fees per unit for impacts on housing cost.
Processing and Permit Procedures: While the element generally describes processing and permitting procedures, it must still list and evaluate site development permit and design review, including typical approval findings, typical number of hearings, and timing and then evaluate impacts on housing supply, cost, feasibility and approval certainty.
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Streamlining Provisions: The element should clarify whether the City has procedures consistent with streamlining procedures pursuant to Government Code section 65913.4 (SB 35) and include programs as appropriate.
Constraints on Housing for Persons with Disabilities: The element must include an analysis of potential constraints on housing for persons with disabilities, as follows:
• Reasonable Accommodation: The element indicates the City has a reasonable accommodation procedure but must still describe these procedures including approval findings and evaluate potential constraints on housing for persons with disabilities.
• Family Definition: The element concludes the City has a definition of family that does not limit the number of persons. However, the element should describe the actual definition of family and evaluate its potential impacts, including impacts on unrelated persons.
• Group Homes: The element broadly mentions residential care homes are allowed but it should specifically identify which zones allow the uses, how the uses are allowed (e.g., permit type), any other relevant factors and evaluate potential constraints. The analysis should be conducted for both group homes for six or fewer persons and seven or more persons.
Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and achieve the goals and objectives of the housing element, programs must have discrete timing early in the planning period (e.g., at least annually or by 2025) and specific commitment to housing outcomes (e.g., refrain from language such as “explore”, “develop”, “consider”). Examples of programs to be revised include:
• Program E (Facilitate Subdivision): This program must be revised to add specific commitments to a housing outcome, beyond reviewing regulations.
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• Program G (Develop Incentives): Especially given the lack of progress in the previous planning periods, this program must specifically, proactively, and annually reach out to affordable developers and apply for funding in addition to “at the request of the developer”.
• Program H (Employee Housing): Given the lack of implementation in the prior planning period, the program should commit to amend zoning earlier in the planning period (e.g., by 2024).
• Program I (Accessory Dwelling Units): The program should go beyond “consider removing” restrictive requirements and specifically commit (remove consider) to revise the ADU ordinance in compliance with ADU law. In addition, this program should include annual monitoring of production and affordability and alternative actions (e.g., additional incentives, rezoning) if assumptions not met by a specified date (e.g., within six months).
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Multifamily Zoning: As noted in Finding B3, the element must include a program to identify sites and appropriate zoning (e.g., 20 units per acre) and development standards to encourage and facilitate multifamily development. • Program P (Low Barrier Navigation Centers): The Program should specifically commit to permit low barrier navigation centers without discretionary action and in compliance with Government Code section 65661.
3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program to assist in the development of adequate housing to meet the needs of lower and moderate-income households, including ELI and Special Needs households. These actions should be significant and specific, given the lack of implementation and results in the prior planning periods. Examples of actions include proactive an annual outreach to developers of affordable housing, assisting with
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funding, supporting funding applications, land acquisition, priority processing, fee waivers, concessions and incentives beyond State Density Bonus Law, assistance with infrastructure and site improvements and monitoring and adjustment at least annually.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
In addition, as noted in Finding B4, the City lacks a variety of minimum lot sizes and densities and the element should add programs to create a variety of lot sizes, increased densities, and modified development standards to facilitate maximum densities.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add or modify goals and actions. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas, place-based strategies for community revitalization and displacement protection. For example, the element must add significant and meaningful housing mobility actions to overcome the existing patterns in the City related to the broader region.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
While the element includes quantified objectives for new construction by income level, it currently targets no objectives for rehabilitation and conservation and should be revised accordingly. For example, quantified objectives could incorporate numerical targets for
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ADU amnesty or anticipated outcomes from Programs Q (Housing Maintenance), R (Infrastructure Capital Improvements), S (Energy Conservation), T (Water Conservation) and U (Fair Housing).
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) The element should employ additional methods of public outreach and participation moving forward to include all segments of the community in the public participation process, including engaging organizations which represent lower-income and special needs groups. In addition, the element should describe comments and how they were incorporated into the housing element.
Number Section Comment Staff Recommended Response
A Review and
Revision -
Previous
Housing
Element Goals
and Policies
The review requirement is one of the most important features of the element update. The review of past programs should describe progress in implementation of previous actions, including results compared to objectives and evaluate the effectiveness of actions to make appropriate adjustments in the current planning period. In several cases, the element appears to either omit or not describe and evaluate actions from the prior planning period. Most notably, the review and revise does not evaluate actions related to accommodating the regional housing need allocation (RHNA) (accessory dwelling units (ADU)), providing realistic opportunities for multifamily development and outreach to affordable housing developers, including nonprofits. These programs were geared toward promoting housing variety and affordability, housing mobility and inclusion into Monte Sereno. Yet, the current element does not evaluate past commitments or consider appropriate actions. For example, Program H-2.5 committed to establish multifamily zoning and if not successful, provide alternative multifamily opportunities and amend the element to correct inconsistencies. The Program also committed to make specific outreach to developers of housing affordable to lower income and special needs households and apply for funding. The current element includes some discussion that the multifamily zoning was repealed and instead a project was developed on a multifamily zoned site. The project occurred on a site that was committed to be zoned multifamily in the prior planning period for the same reasons (See Program HE 3.10 from the 4th cycle) – to promote a variety of housing types. Instead, the site was zoned at precariously marginal densities and that development ended up being single-family – not multifamily. The element omits the depth and importance of this commitment and did not discuss or evaluate the effectiveness of multifamily zoning, lack of alternative measures taken and outreach efforts. Other examples of programs geared toward promoting housing variety, mobility and affordability from the prior review include:
A review of the programs from the 5th Cycle Housing Element was included in Appendix E of the draft Housing Element. Additional information will be added to the review of prior programs as noted in the comment. And a cumulative analysis will be included.
• Program HE-2.1 (Evaluate ADU): The element does not discuss changes to development standards, results of the survey or achieving the program objectives.
• Program HE-2.2 (Shared Housing): The element does not address contacting agencies or publicizing the program. • Program HE-2.3 (ADU Monitoring): This program had a specific trigger to revise multifamily zoning and densities if ADUs for all income were not constructed in specified time intervals. The current element omits any discussion of these commitments. • Program HE-4.1 (Special Needs): The element does not discuss the attempts, success or effectiveness of outreach with nonprofit developers. • Program HE-4.2 (Senior Housing): The Program’s focus was to develop innovative housing. Instead, the element discusses the City’s attempts at partnerships with the County Department of Aging.
In addition, the element must provide an evaluation of the cumulative effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, femaleheaded households, farmworkers, and persons experiencing homelessness) and revise programs as appropriate.
Department of Housing and Community Development
Comments on Draft Housing Element - January 12, 2023
Number Section Comment Staff Recommended Response
B.1 Housing Needs,
Resources, and
Constraints
Income and Racial Concentration of Affluence (RCAA): The element briefly mentions incomes in the City compared to the region and notes it is safe to speculate the City has neighborhoods that are RCAAs; however, the entire City is a RCAA and the element should incorporate this information. Please see HCD’s Affirmatively Furthering Fair Housing (AFFH) Data Viewer at https://affh-data-resources-cahcd.hub.arcgis.com/. The element should include specific analysis of income and RCAA at a regional level (City compared to the broader region). The analysis should at least address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors. The element must add or modify meaningful programs based on the outcomes of this analysis, including actions to improve housing mobility within and beyond City boundaries.
Additional information will be added stating the entire city is a RCAA and will provide the additional data requested.
The ADU strategy allows and encourages ADU construction throughout the city which avoids concentrating affordable housing in certain areas of the city. A map will also be added to show the locations of the 225 ADU intention letter received to show the ADU construction will occur throughout the city.
Further information will be provided to note that as a result of SB 9, up to four dwelling units are allowed on each single family lot, regardless of lot size, which increasing the density of housing in the City and provide multifamily housing Local Data and Knowledge and Other Relevant Factors: The element includes state and federal data but must utilize other sources of local data and knowledge to supplement the data and mapping including planning documents such as locally adopted ordinances, other elements of the general plan, infrastructure assessments, and mobility assessments to fully describe the impacts on fair housing patterns and trends. In addition, the element must discuss other relevant factors such as historical land use (zoning, initiatives, growth control) that impacted socio-economic patterns.
Additional information will be added about the city's land use and zoning history. And a discussion about how the historical trends that created the RCAA are being reversed.
Contributing Factors to Fair Housing Issues: Upon a complete AFFH analysis, the element must assess and prioritize contributing factors to fair housing issues and add or modify programs as appropriate.
Program J can be expanded to strengthen the city's committement to supporting West Valley Community Services (WVCS), including annual funding committments. WVCS is the local community services agency that provides food, emergency financial assistance, and housing assistance to community members in need). WVCS serves special needs populations through the West Valley region.
B.2 Housing Needs,
Resources, and
Constraints
Extremely Low-Income (ELI) Households: While the element quantifies existing ELI households, it must also identity projected ELI housing needs and analyze their housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of the RHNA for very low-income households qualify as ELI households. The analysis of existing ELI housing needs should address tenure, disproportionate impacts (overcrowding, overpayment, housing situations), comparisons to other income groups, effectiveness of past strategies and magnitude of needs (including projected).
Additional information will be added to address the assumed ELI population as noted. Information will be added to explain how existing policies and programs, including the ADU program, address the ELI population.
Housing Conditions: While the element includes information on the age of structures and lack of kitchen and plumbing facilitate, it must still estimate the number of units in need of rehabilitation and replacement. In addition, the element could consider discussion of any patterns from code enforcement as areas of more frequent enforcement to compliment the assessment of fair housing (See AFFH above, including local knowledge).
The city does not have data showing any existing housing units are substandard or in need or rehabilitation. No such housing conditions have been identified by staff or received as a code enforcement complaint.
Additional information will be added to explain that code enforcement complaints received have not been related to sub-standard housing.
Number Section Comment Staff Recommended Response
Housing Costs: The element currently utilizes American Community Survey (ACS) data to evaluate rental costs but should consider additional data sources to better reflect market conditions (e.g., Zillow, Apartments.com). If minimal rental data is available, the element could consider market conditions in comparable nearby communities.
Additional rental data will be included as noted in the comment.
However, the data from the City's annual survey will be most accurate for Monte Sereno.
Special Needs: While the element reports data on special needs groups, it must still include analysis including trends, characteristics, magnitude of need, resources, and potential strategies to mitigate identified housing issues.
Additional discussion will be added to describe in more detail how special needs populations (including the the new low and moderate income ADUs) will be assisted with these programs.
B.3 Housing Needs,
Resources, and
Constraints
Adequate Sites and Accessory Dwelling Units (ADU): The element identifies a RHNA of 193 units, including a lower-income RHNA of 83 units and moderate-income RHNA of 31 units and proposes to accommodate essentially the entire RHNA for all income groups with ADUs. While the element may demonstrate adequate sites entirely with ADUs, given the reliance on one strategy, it must include robust and commensurate analysis, as follows:
• Calculation of Past Trends: The element excludes 2020 permit numbers and then average permits to approximately 16 ADUs per year. However, even this calculation is incorrect and appears to exclude 2018 and 2020 numbers. Given the reliance on ADUs, the element should utilize averages based on all years since 2018. • Affordability: The element uses the Association of Bay Area analysis of ADU rents. However, these assumptions should consider public comments on this review and market rents from comparable and nearby communities. • Other Relevant Factors: The analysis, policies, and programs and ADU assumptions for the planning period should account for the availability of ADUs for rent. This is particularly important given the reliance on ADUs and lack of housing choices, affordability and mobility into the City.
• Owner Intentions and Past Surveys: The element concludes the City’s robust outreach and incentives have resulted in 225 residential owners expressing their intentions in developing ADUs in the planning period. However, the element must include substantial evidence to support this conclusion, especially considering even the most favorable recent trends would result in a significantly lesser number of ADUs in the planning period. For example, the element should discuss the survey tool, how the survey was administered, list the actual responses, and evaluate the likelihood of owners converting intentions into permitted ADUs in the planning period, including availability for rent. This analysis could incorporate past surveys and analyses as a result
Calculation of past trends - Calculations based on historical ADU construction will be adjusted as noted.
Affordability - Additional information from Zillow on market rents can be added to analysis. As well as a response public comments that were received.
Other Relevant Factors - Information will be provided on market rates and availability of ADUs for rent.
Owner Intentions and Past Surveys - Information will be added from the past annual ADU survey's conducted that show how the ADUs constructed are used and the rental income category for rented units.
This data shows that a vast majority of ADUs are used as dwelling units and rented at a low income level.
Environmental Constraints: While the element includes some general discussion of environmental constraints, it should also relate that discussion to the development of ADUs, including any other known constraints that preclude development in the planning period.
The Council adopted Ordinance NS-232 on December 20, 2022 which removes the owner-occupancy requirements for past and future ADUs as well as provides a strong amnesty program that exceeds the minimum timeframes required by state law. These were two issues that were identified as constraints to ADU construction.
Program I includes on-going monitoring of the ADU requirements, including feedback and questions received by property owners, to determine where additional constraints can be removed.
Number Section Comment Staff Recommended Response
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housingelements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Although the Government Code Section 65583.1(a) does not require a sites inventory when alternative methods are used, such as ADUs, an electronic sites inventory was provided with the Draft Housing Element submittal. This will be included when the revised Housing Element is submitted to HCD.
Multifamily: While the element mentions that the City has established a multifamily zoning district, it must still discuss how multifamily zoning encourages and facilitates a variety of housing types including density, development standards and permit procedures. In addition, the element must identify significant and realistic opportunities for multifamily development in the planning period, including but not limited to identification of sites, any known constraints or impediments, parcel size, appropriateness of densities and methodology for calculating residential capacity. Based on the outcomes of this analysis, the element must include programs to identify sites and appropriate zoning (e.g., 20 units per acre) and development standards to encourage and facilitate multifamily development.
The city does have a multi-family zoning district that allows up to three units on a lot with a minimum lot size of 14,520 square feet. Additionally, the SB 9 state regulations allow up to four dwelling units on every single family zoned lot, regardless of lot size.
A program can be added to evaluate additional multi-family zoned sites, including the application of SB-10, throughout the city as well as any potential annexations.
Emergency Shelters: While the element states that emergency shelters are allowed by-right, it should clarify that by-right is without discretionary action. In addition, the element should add a discussion of acreage, parcel sizes. reuse and redevelopment opportunities and proximity to transportation and services as well as list and analyze development standards, including parking. If constraints are identified, the element must add or revise programs.
The language in the Housing Element will be updated to specify that emergency shelters are allowed by-right in the "P" zoning district and that discretionary action is not required.
The Housing Element can also be revised to analyze the facilities noted in the comment and a program will be added to consider coordination with other West Valley cities (Saratoga, Los Gatos, Campbell, and Cupertino) to address homelessness in the region.
By-Right Permanent Supportive Housing: By-right permanent supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate.
The City allows supporting housing by-right within the R-1-44, R-1-20, R-1- 8, and Rm zoning districts. A program can be added to amend the Municipal Code to allow supportive housing in the "P" zoning district.
Number Section Comment Staff Recommended Response
Single Room Occupancy (SRO) Units: While the element includes some information on SROs, it must still discuss zoning, development standards and permitting procedures. This is particularly important given the lack of implementation in the prior planning period and programs should be added or modified to establish appropriate zoning and capacity early in the planning period.
The City allows Single Room Occupancy (SROs) (Transitional Housing and Supportive Housing) by-right within the R-1-44, R-1-20, R-1-8, and Rm zoning districts. A program can be added to amend the Municipal Code to allow supportive housing in the "P" zoning district.
Accessory Dwelling Units: The element must demonstrate that the City’s ADU ordinance is incompliance with state law and add or modify programs to comply with State ADU Law.
The City's ADU ordinance is in compliance with the state law, most recently with the adoption of ordinance NS-232 on December 20, 2022, which updates the ordinance to comply with state laws effective on January 1, 2023.
Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards as a conventional single-family residential dwelling. The element must demonstrate consistency with this requirement or add or modify programs as appropriate.
The Municipal Code does not prohibit manufactured homes, and a new manufactured ADU was recently permitted. The city complies with Government Code Section 65852.3 in allowing manufactured homes in the same manner as conventional structures. When the city updates the Objective Design Standards, a specific standard will be added to further confirm that manufactured homes will be reviewed as required by this Government Code Section.
B.4 Housing Needs,
Resources, and
Constraints
Land Use Controls: While the element generally describes land-use controls, it must evaluate all development standards and other land use controls for impacts on housing supply (number of units), cost, feasibility, timing and ability to achieve maximum densities. For example, the analysis should address how density is defined and any and all standards that regulate intensity, especially for multifamily housing and parking.
In addition, much of the City consists of large lots and there are no multifamily units in the City. While the element lists four residential zoning districts, none of the districts allow more than eight units per acre and, while the City does have a singlefamily zone allowing five units per acre, most single family zoning is no more than two units per acre. Essentially, there is a lack of a variety of minimum lot sizes and allowable densities. The lack of a variety of lot sizes and densities can impact housing supply, choices and affordability. As a result, the element should include analysis of the impacts of an apparent predominant large lot land use pattern and include programs as appropriate.
Finally, the element should include a discussion of how the City complies with Government Code sections 65852.21 and 66411.7 (SB 9) and add or modify programs (Program E) as appropriate to comply with state law.
A large portion of the lots in Monte Sereno are large lots and zoned single family. However, the City will be able to achieve the RHNA requirements through the construction of new ADUs. As noted in comment B.3 above, a program will be added to review potential multi-family zoning, including SB-10 applications, as appropriate throughout the city, particularly for any annexed lots.
Program E will be updated to clarify that the city's current requirements are compliant with the SB 9 state legislation, but opportunities to streamline the review process will be researched.
Number Section Comment Staff Recommended Response
Fees and Exaction: The element lists total development fees for single-family and multifamily development (Table C-4) but should also list the various fees that comprise the total fees per unit. For example, the element should list and evaluate the various impact fees per unit for impacts on housing cost.
The impact fees that are charged for residential projects may include Road Impact Fees and School Impact Fees, depending on the scope of the project. These fees were included in Table C-3 on page C-9.
Processing and Permit Procedures: While the element generally describes processing and permitting procedures, it must still list and evaluate site development permit and design review, including typical approval findings, typical number of hearings, and timing and then evaluate impacts on housing supply, cost, feasibility and approval certainty.
Information about permit processing timeframes was provided in the Draft Housing Element in Table C-5 on page C-11. Also, pages C-10 to C11 describe the timeframe for processing applications and the public hearing requirements. The Draft Housing Element also includes Program A which requires review of the permit processing timeframes to see where streamlining may be provided.
Streamlining Provisions: The element should clarify whether the City has procedures consistent with streamlining procedures pursuant to Government Code section 65913.4 (SB 35) and include programs as appropriate.
The City has not adopted permit streamlining procedures for SB 35 projects as the City is currently in compliance with the RHNA requirements from the 5th Cycle Housing Element and not subject to SB 35 development applications. However, if, in the future, the city is subject to SB 35, applications will be processed as required by the referenced state laws.
Constraints on Housing for Persons with Disabilities: The element must include an analysis of potential constraints on housing for persons with disabilities, as follows:
• Reasonable Accommodation: The element indicates the City has a reasonable accommodation procedure but must still describe these procedures including approval findings and evaluate potential constraints on housing for persons with disabilities.
• Family Definition: The element concludes the City has a definition of family that does not limit the number of persons.
However, the element should describe the actual definition of family and evaluate its potential impacts, including impacts on unrelated persons.
• Group Homes: The element broadly mentions residential care homes are allowed but it should specifically identify which zones allow the uses, how the uses are allowed (e.g., permit type), any other relevant factors and evaluate potential constraints. The analysis should be conducted for both group homes for six or fewer persons and seven or more persons.
The revised Housing Element will include the details of the Municipal Code requirements for the three items mentioned. The code requirements for the items noted do not constrain potential housing development and that will be detailed in the revised Housing Element.
Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or shortterm rental ordinances that directly impact the cost and supply of residential development.The city does not have an inclusionary ordinance and does not allow short term rentals. Therefore, these items do not directly impact the cost and supply of residential development within the city.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).
Staff is confirming the required information is provided on the web site and will add any information that is not currently provided.
Number Section Comment Staff Recommended Response
C.1 Housing
Programs
To have a beneficial impact in the planning period and achieve the goals and objectives of the housing element, programs must have discrete timing early in the planning period (e.g., at least annually or by 2025) and specific commitment to housing outcomes (e.g., refrain from language such as “explore”, “develop”, “consider”) Wording of the programs will be updated to provide more specific anticipated outcomes and the timing of programs will be reviewed to move forward higher priority programs.
C.2 Housing
Programs
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Multifamily Zoning: As noted in Finding B3, the element must include a program to identify sites and appropriate zoning (e.g., 20 units per acre) and development standards to encourage and facilitate multifamily development. • Program P (Low Barrier Navigation Centers): The Program should specifically commit to permit low barrier navigation centers without discretionary action and in compliance with Government Code section 65661.
As noted in comment B.3, a program can be added to evaluate additional multi-family zoned sites, including the application of SB-10, throughout the city as well as any potential annexations.
The wording of Program P will be updated as noted.
C.3 Housing
Programs
The element must include a program to assist in the development of adequate housing to meet the needs of lower and moderate-income households, including ELI and Special Needs households. These actions should be significant and specific, given the lack of implementation and results in the prior planning periods. Examples of actions include proactive an annual outreach to developers of affordable housing, assisting with funding, supporting funding applications, land acquisition, priority processing, fee waivers, concessions and incentives beyond State Density Bonus Law, assistance with infrastructure and site improvements and monitoring and adjustment at least annually.
Most of the requested efforts are included in Program G. The wording of the program will be updated to strengthen the efforts included. However, providing funding for land acquisition and infrastructure improvement is an unrealistic expectation for a city with approximately 1,200 households, an annual operating budget of $3.5 million, and that employs one planner. The institution capacity is not available for funding opportunities without additional resources or contributions from the state.
C.4 Housing
Programs
As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
In addition, as noted in Finding B4, the City lacks a variety of minimum lot sizes and densities and the element should add programs to create a variety of lot sizes, increased densities, and modified development standards to facilitate maximum densities.
As noted in comment B.3, a program can be added to evaluate additional multi-family zoned sites, including the application of SB-10, throughout the city as well as any potential annexations.
As noted in comment B.2, additional information will be added to explain the ADU strategy allows and encourages ADU construction throughout the city which avoids concentrating affordable housing in certain areas of the city. A map will also be added to show the location s of the 225 ADU intention letter received to show the ADU construction will occur throughout the city.
Also noted in comment B.1, further information will be provided to note that as a result of SB 9, up to four dwelling units are allowed on each single family lot, regardless of lot size, which increasing the density of housing in the City and provide multi-family housing
Number Section Comment Staff Recommended Response
C.5 Housing
Programs
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add or modify goals and actions. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas, place-based strategies for community revitalization and displacement protection. For example, the element must add significant and meaningful housing mobility actions to overcome the existing patterns in the City related to the broader region.
An AFFH analysis was provided in Appendix G to the Housing Element.
Staff believes the City's ADU effort will address the concern concentrating affordable housing units within certain geographic areas of the city as the ADU will be provided throughout the city as demonstrated by the written ADU intentions received. The revised Housing Element will include a map that shows the locations of the ADU intention letter received. The document will also be revised to more explicitly address the comment.
D Quantified
Outreach
While the element includes quantified objectives for new construction by income level, it currently targets no objectives for rehabilitation and conservation and should be revised accordingly. For example, quantified objectives could incorporate numerical targets for ADU amnesty or anticipated outcomes from Programs Q (Housing Maintenance), R (Infrastructure Capital Improvements), S (Energy Conservation), T (Water Conservation) and U (Fair Housing).
As noted in comment B.2 above, the City does not have evidence of existing housing that is sub-standard and in need of rehabilitation.
Quantified objective will be added to the programs as noted by HCD.
E Public
Participation
The element should employ additional methods of public outreach and participation moving forward to include all segments of the community in the public participation process, including engaging organizations which represent lower-income and special needs groups. In addition, the element should describe comments and how they were incorporated into the housing element.
Provide additional information about the City's partnership with West Valley Community Services for input and outreach during the Housing Element update process.
The document provided to HCD included an attachment noting how each public comment was addressed. This information will be incorporated in the actual revised Housing Element document.
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and waiver of first reading of Ordinance No. NS-233, and ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
Recommendation(s):
Staff recommends that the City Council introduce and waive the first reading of Ordinance No.
NS-233.
Background Information:
At the August 2, 2022 City Council meeting, the City Council directed staff to schedule a future agenda an item for the City Council to discuss the Municipal Code definition of ‘structure’ to discuss if swimming pools and spas should be removed from the definition. This was in response to comments raised at the Code Enforcement Appeal Hearing which was also held on August 2, 2022.
The City Council discussed this issue at their September 6, 2022 and the November 15, 2022 meetings. At the November 15, 2022 meeting, the City Council directed staff to draft an ordinance to update the definition of a ‘structure’ for clarification purposes, but to keep swimming pools and spas in the definition.
The Site and Architectural Commission reviewed the ordinance at their January 4, 2023 meeting and recommended that the City Council introduce the ordinance by a 5-0 vote.
Analysis:
The definition of a ‘structure’ in the Municipal Code currently serves two primary purposes; one is to specify what features/elements on a lot that are required to meet setbacks from property lines and the other is to identify the features/elements that are included in the Structural Coverage.
The current definitions of ‘structure’ and ‘coverage, structural’ are very broad and can be interpreted to include at-grade paved surfaces such as sidewalks, patios, and decks. Current administrative practice is to not include such features as structures for purposes of determining setbacks or structural coverage. These types of features are included when determining the
impervious coverage on a parcel, as these elements are included in the definition of ‘coverage, impervious’ in the Municipal Code.
Revising these definitions to clarify that at-grade improvements are not included as a ‘structure’ or ‘coverage, structural’ will remove current overlapping requirements and ensure consistent application of the code provisions.
Definition of a ‘Structure’ as Related to Setback Requirements The Municipal Code requires that all buildings and structures comply with specified setback requirements. As noted above, the current definition of a structure is very broad and can be subject to wide interpretation. Staff recommends modifying the definition of a ‘structure’ to be more specific as to the types of improvements that are intended to be included and to align with the current administrative practices. Following is the current definition and the staff recommended modified definition:
Current Definition of
‘Structure’
Proposed Definition of
‘Structure’
"Structure" means anything constructed or
erected, the use of which requires location
on the ground or attachment to something
having location on the ground. For purposes
of this Chapter, swimming pools, spas and
Jacuzzis whether constructed above or
below grade, which are capable of holding
water to a depth of two (2) feet or more, shall
be considered structures subject to the City's
building regulations. Equipment appurtenant
to operation of swimming pools, spas and
Jacuzzis shall be treated as accessory uses.
"Structure" means anything constructed or
erected that requires location on the ground
or attachment to something having location
on the ground. For purposes of this
definition, a structure shall include any
dwelling, building, second unit, garage,
carport, tool house, guest house, green
house, pool house, pools, spas, jacuzzis,
water fountains, ground-mounted electrical
equipment, ground-mounted mechanical
equipment, ground-mounted plumbing
equipment, ground-mounted solar
installation, ground-mounted antenna or
satellite dish, and tree house, but shall not
include sport courts, sidewalks, patios,
decks, pathways, paving, and other paved
improvements installed at grade, such as
outdoor stairs.
The proposed definition above would clarify that at-grade improvements are not considered as structures; however, other buildings and other features (including air conditioning units, generators) are included.
Definition of a ‘Structure’ as Related to Structural Coverage The Monte Sereno zoning code has several requirements that effectively limit the size of individual buildings and overall square footage on a lot including the maximum size of the main building, maximum size of each accessory structure, and the overall structural coverage
allowed. The structural coverage is the sum of the square footage of all structures (based on the definition above) on a lot. The Municipal Code includes maximum square footage amounts for the main house as well as for each accessory structure. The structural coverage limit typically results in limiting the area of covered porches, arbors, sheds, and swimming pools that are placed on a property.
The structural coverage is determined as a percentage of the area of the parcel. The following table shows the total permitted structural coverage for each single-family zoning district as well as the minimum lot size for reference:
Zoning District Structural Coverage (percent
of lot area)
Minimum Lot Size
R-1-8 40% 8,000 square feet
R-1-20 30% 21,780 square feet
R-1-44 20% 43,560 square feet
It is important to note that for lots that are significantly larger than the minimum lot size for the zoning district, the overall allowed structural coverage is reduced. Larger lots are allowed a smaller percentage of the lot be covered with structures; however, the actual total square footage allowed still increases with the lot size.
Staff recommends modifying the definition of ‘coverage, structural’ to be more specific as to the types of improvements that are intended to be included in this calculation and to align with the current administrative practices. Following is the current definition and the staff recommended modified definition:
Current Definition of
‘Coverage, Structural’
Proposed Definition of
‘Coverage, Structural’
"Coverage, structural" means the area,
measured in a horizontal plane, covered by
all buildings or other structures on a parcel of
property or a lot, as the case may be,
excluding features permitted to extend
beyond the walls of the building or other
structure, by any other provision of this
Chapter.
"Coverage, structural" means the area,
measured in a horizontal plane, covered by
all buildings or other structures on a parcel of
property or a lot, as the case may be,
excluding features permitted to extend
beyond the walls of the building or other
structure, by any other provision of this
Chapter. For purposes of this Chapter,
swimming pools, spas and jacuzzis whether
constructed above or below grade, which are
capable of holding water to a depth of two (2)
feet or more, shall be included in structural
coverage. However, ground-mounted
electrical equipment, ground-mounted
mechanical equipment, ground-mounted
plumbing equipment, ground-mounted solar
installation, ground-mounted antenna or
Current Definition of
‘Coverage, Structural’
Proposed Definition of
‘Coverage, Structural’
satellite dishes accessory to residential uses
will not be included in structural coverage.
The proposed definition would clarify that the structural coverage calculation includes the items specified in the ‘structure’ definition except for various type of ground-mounted equipment such as air conditioning units, generators, and pool equipment.
Public Noticing:
This meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. Draft Ordinance No. NS-233
ORDINANCE NO. NS-233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 10.01.020 (DEFINITIONS – SPECIFIC TERMS) WHEREAS, the City Council of the City Monte Sereno desires to amend the definitions of ‘coverage, structural’ and ‘structure’ in the zoning in the Monte Sereno Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Section 10.01. Section 10.01.020.K of Chapter 10.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
K. "Coverage, structural" means the area, measured in a horizontal plane, covered by all buildings or other structures on a parcel of property or a lot, as the case may be, excluding features permitted to extend beyond the walls of the building or other structure, by any other provision of this Chapter. For purposes of this Chapter, swimming pools, spas and jacuzzis whether constructed above or below grade, which are capable of holding water to a depth of two (2) feet or more, shall be included in structural coverage. However, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installations, ground-mounted antennas or satellite dishes accessory to residential uses will not be included in structural coverage.
SECTION 2. Amendment of Section 10.01. Section 10.01.020.AU of Chapter 10.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
AU. "Structure" means anything constructed or erected that requires location on the ground or attachment to something having location on the ground. For purposes of this definition, a structure shall include any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, pools, spas, jacuzzis, water fountains, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installation, ground-mounted antenna or satellite dish, and tree house, but shall not include sport courts, sidewalks, patios, decks, pathways, paving, and other paved improvements installed at grade, such as outdoor stairs.
SECTION 3. Environmental Review.
This ordinance is not a “project” as defined by the CEQA guidelines Section 15378:
“Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in
the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
SECTION 4. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 5. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 6. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
This Ordinance was introduced at the meeting of the City Council on the ___ day of January 2022, and was adopted at a regular meeting of the City Council on the ___ day of _______________, by the following vote:
AYES:
NOES:
ABSENT:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Sergio Rudin, City Attorney
STAFF REPORT
Meeting: City Council - Jan 17 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Discuss and Assign Councilmember for each of City Council Ad Hoc Assignments for Calendar Year 2023
Recommendation(s):
Staff recommends the City Council discuss and assign Councilmembers to the Ad Hoc Committee for Calendar Year 2023.
Background Information:
The City Council of Monte Sereno utilizes ad-hoc committees as subcommittees of the City Council for special assignments to complete work tasks on projects later presented for Monte Sereno City Council consideration. Ad-hoc committee assignments are for one-year terms and expire automatically unless renewed annually after their original inception. While ad-hoc committees are not subject to Brown Act requirements regarding agendas and open meetings, any permanent or standing committees created by the City Council are subject to such requirements, even if less than a quorum of the Council sits on such committees. Thus, ad hoc committees should be limited in scope and duration.
Councilmember Mekechuk was elected Mayor at the December 6, 2022 Council meeting but due to an impacted Council agenda on December 21, 2022, the Mayor did not have the opportunity to propose Ad Hoc Committee/Commission assignments for Calendar Year 2023.
Analysis:
California Environmental Quality Act:
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:
Ad Hoc Committees
City Council Ad Hoc Committees*
Established Reso # Ad Hoc Committee
Title
Charter Members
December 31, 2022 Housing Legislation Ad-Hoc • Local Control • RHNA
Councilmember Turner
Mayor Ellahie
December 31, 2022 Veteran’s Memorial • Assist with the development, refinement, and final design ofthe memorial; and
• Determine where the memorial should be located
Mayor Ellahie
Councilmember Lawler
December 31, 2022 Operations and
Outreach Committee
• Solicitation of resident feedback
• Efficient processing and tracking of resident reported issues • Work planning, including milestones, schedules, effort estimates, and capacity alignment
• Metrics based success criteria at organization, department,and individual levels
• Operations review
• Status reporting
• Root-cause, corrective action
Councilmember Turner
Councilmember Lawler
December 31, 2022 Climate Action Ad-Hoc • Develop a Climate Action plan for Monte Sereno by researching other entities plans and choosing what is applicable.
• Bring completed proposed Climate Action plan to staff for review. • After staff review and council adoption, develop community implementation.
Councilmember Leuthold
Councilmember Lawler
December 31, 2022 Information Technology
Services Ad Hoc
• Discuss IT related issues which include security, cloud management, software, etc.
Councilmember Leuthold
Councilmember Turner
January 18,2023 Emergency
Preparedness
Committee
• Assist with development of emergency preparedness program in the City
Councilmember Turner
Councilmember Lawler
*Ad hoc committees expire 1 year after date of establishment Amended: August 2, 2022 Page 119 of 119